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<br />U) A project shall notify the grantor agency prior to initiation of formal information <br />exchange procedures with any Federal, State, regional, or other information <br />systems not indicated in the grant documents as initially approved at time of <br />award. (k) A project shall make assurances that there will be no purchase or use <br />in the course of the project of any <br /> <br />-16 - <br /> <br />electronic, mechanical, or other device for surveillance purposes that is in <br />violation of the provisions of the Electronic Communications Privacy Act of 1986, <br />Public Law 99-508, 18 U.S.C. 2510-2520, 2701-2709 and 3121-3125, or any <br />applicable State statute related to wiretapping and surveillance. (I) A project shall <br />make assurances that there will be no harassment or interference with any lawful <br />political activities as part of the intelligence operation. (m) A project shall adopt <br />sanctions for unauthorized access, utilization, or disclosure of information <br />contained in the system. (n) A participating agency of an interjurisdictional <br />intelligence system must maintain in its agency files information which <br />documents each submission to the system and supports compliance with project <br />entry criteria. Participating agency files supporting system submissions must be <br />made available for reasonable audit and inspection by project representatives. <br />Project representatives will conduct participating agency inspection and audit in <br />such a manner so as to protect the confidentiality and sensitivity of participating <br />agency intelligence records. (0) The Attorney General or designee may waive, in <br />whole or in part, the applicability of a particular requirement or requirements <br />contained in this part with respect to a criminal intelligence system, or for.a class <br />of submitters or users of such system, upon a clear and convincing showing that <br />such waiver would enhance the collection, maintenance or dissemination of <br />information in the criminal intelligence system, while ensuring that such system <br />would not be utilized in violation of the privacy and constitutional rights of <br />individuals or any applicable state or federal law. ~ 23.30 Fundina auidelines. <br />The following funding guidelines shall apply to all Crime Control Act funded <br />discretionary assistance awards and Bureau of Justice Assistance (BJA) formula <br />grant program subgrants, a purpose of which is to support the operation of an <br />intelligence system. Intelligence systems shall only be funded where a <br />grantee/subgrantee agrees to adhere to the principles set forth above and the <br />project meets the following criteria: (a) The proposed collection and exchange of <br />criminal intelligence information has been coordinated with and will support <br />ongoing or proposed investigatory or prosecutorial activities relating to specific <br />areas of criminal activity_ (b) The areas of criminal activity for which intelligence <br />information is to be utilized represent a significant and recognized threat to the <br />population and: <br /> <br />(1 ) Are either undertaken for the purpose of seeking illegal power or profits or <br />pose a threat to the life and property of citizens; and <br /> <br />(2) Involve a significant degree of permanent criminal organization; or (3) Are not <br />limited to one jurisdiction. <br /> <br />( c) The head of a government agency or an individual with general policy making <br />authority who has been expressly delegated such control and supervision by the <br /> <br />WEISS West Bay Region Node MOU Agreement <br /> <br />Page 43 of 48 <br />