[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR65.41]

[Page 164]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 65--EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE--Table of Contents
 
            Subpart E--Submission and Review of Applications
 
Sec. 65.41  Review of State applications.

    (a) Review criteria. The Act provides the basis for review and 
approval or disapproval of state applications. Federal law enforcement 
assistance may be provided if such assistance is necessary to provide an 
adequate response to a law enforcement emergency. In determining whether 
to approve or disapprove an application for assistance under this 
section, the Attorney General shall consider:
    (1) The nature and extent of such emergency throughout a state or in 
any part of a state;
    (2) The situation or extraordinary circumstances which produced such 
emergency;
    (3) The availability of state and local criminal justice resources 
to resolve the problem;
    (4) The cost associated with the increased Federal presence;
    (5) The need to avoid unnecessary Federal involvement and 
intervention in matters primarily of state and local concern; and,
    (6) Any assistance which the state or other appropriate unit of 
government has received, or could receive, under any provision of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968.
    (b) Review process. (1) The Attorney General shall consult with the 
Assistant Attorney General, Office of Justice Programs, and the 
Director, Bureau of Justice Assistance, on requests for grant 
assistance.
    (2) All requests for assistance of the Federal law enforcement 
community (e.g., equipment, training, information, or personnel) shall 
be reviewed by the Attorney General in consultation with appropriate 
members of the Federal law enforcement community, including the United 
States Attorney(s) in the affected District(s). Such requests will be 
subject to statutory restrictions, including section 609O on Federal 
agency activities.
    (3) The Attorney General will approve or disapprove each 
application, submitted in accordance with these regulations, no later 
than ten (10) days after receipt.