Laserfiche WebLink
-� U.S. Department of Justice <br />a Office of Justice Programs <br />"., Bureau of Justice Assistance <br />PROJECTNUMBER 2018-DI-BX-0820 <br />AWARD CONTINUATION <br />SHEET <br />Grant <br />AWARD DATE 11/16"18 <br />SPECIAL CONDETIONS <br />PAGE 16 OF 23 <br />45. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens <br />SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this <br />award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for <br />the award. Its provisions most be among those included in any subaward (at any tier). <br />1. Noninterference with statutory law enforcement access to correctional facilities <br />Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain <br />federal officers and employees "have power without warrant... to interrogate any alien orperson believed to be an alien <br />as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised <br />"anywhere in or outside the United States" -- within the funded program or activity, no State or local government <br />entity, -agency, or -official may interfere with the exercise of time power to interrogate "without warrant" (by agents of <br />the United States acting under color of federal law) by impeding access to any State or local government (or <br />government -contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person <br />believed to be an alien as to his [or her] right to be or to remain in the United States." <br />2. Monitoring <br />The recipient's monitoring responsibilities include monitoring of sul recipient compliance with this condition. <br />3. Allowable costs <br />To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the <br />reasonable, necessary, and allocable casts (if any) of actions (e.g., training) designed to ensure compliance with this <br />condition <br />4. Rules of construction <br />A- For purposes of this condition- <br />(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 <br />U.S.C. 1101(a)(3)). <br />(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe <br />Stmets Act of 1968 (see 34 U.S.C. 10251(a)(7)). <br />(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, mle, <br />or practice, that -- <br />(a) is designed to prevent or to significantly delay or complicate, or <br />(b) has the effect of preventing or of significantly delaying or complicating. <br />B. Both the "Rules of Construction" and the "Important Note" act out in the "Noninterference (within the funded <br />'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award <br />condition are incorporated by reference as though set forth here in full. <br />DIP FORK 400M (REV. 4-88) <br />20A-61 <br />