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Electronic Code of Federal Regulations

e-CFR data is current as of May 26, 2020

Title 28Chapter IPart 65 → Subpart B


Title 28: Judicial Administration
PART 65—EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE


Subpart B—Allocation of Funds and Other Assistance


Contents
§65.10   Fund availability.
§65.11   Limitations on fund and other assistance use.
§65.12   Other assistance.

§65.10   Fund availability.

For the previous fiscal year (FY '85), $800,000 was appropriated for emergency Federal law enforcement assistance for the entire country. In FY '86, $1.5 million has been requested. The FY '86 request has not yet been appropriated and is not currently available. The form and extent of assistance provided will be determined by the nature and scope of the emergency presented; but, in any event, no fund award may exceed the amount ultimately appropriated.

§65.11   Limitations on fund and other assistance use.

(a) Land acquisition. No funds shall be used for the purpose of land acquisition.

(b) Non-supplantation. No funds shall be used to supplant state or local funds that would otherwise be made available for such purposes.

(c) Civil justice. No funds or other assistance shall be used with respect to civil justice matters except to the extent that such civil justice matters bear directly and substantially upon criminal justice matters or are inextricably intertwined with criminal justice matters.

(d) Federal law enforcement personnel. Nothing in the enabling legislation authorizes the use of Federal law enforcement personnel to investigate violations of criminal law other than violations with respect to which investigation is authorized by other provisions of law. (section 609O(a), of the Act).

(e) Direction, supervision, control. Nothing in the enabling legislation shall be construed to authorize the Attorney General or the Federal law enforcement community to exercise any direction, supervision, or control over any police force or other criminal justice agency of an applicant for Federal law enforcement assistance. (section 609O(b), of the Act).

§65.12   Other assistance.

In accordance with the purposes and limitations of this subdivision, members of the Federal law enforcement community may provide needed assistance in the form of equipment, training, intelligence information, and personnel. The application may include requests for assistance of this nature.

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