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Calif.’s Admin. Mot. To Consider Whether Cases Should Be Related 

(Case No. 3:17-cv-00485-WHO) 

XAVIER BECERRA

Attorney General of California 

MICHAEL L. NEWMAN

Senior Assistant Attorney General 

SARAH E. BELTON

Supervising Deputy Attorney General 

KRISTI GUDOSKI COOK

LISA C. EHRLICH

XIYUN YANG

LEE I. SHERMAN (SBN 272271) 

Deputy Attorneys General 

300 S. Spring St., Suite 1702 

Los Angeles, CA 90013 

Telephone: (213) 269-6404 

Fax: (213) 897-7605 

E-mail: Lee.Sherman@doj.ca.gov 

Attorneys for the State of California 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

CITY AND COUNTY OF SAN 

FRANCISCO, 

Plaintiff, 

 v. 

DONALD J. TRUMP, President of the 

United States, UNITED STATES OF 

AMERICA, ELAINE DUKE, Acting 

Secretary of United States Department of 

Homeland Security, JEFFERSON B. 

SESSIONS III, Attorney General of the 

United States, DOES 1-100, 

Defendants. 

Case No. 3:17-cv-00485-WHO 

CALIFORNIA’S ADMINISTRATIVE 

MOTION TO CONSIDER WHETHER 

CASES SHOULD BE RELATED 

PURSUANT TO N.D. CAL. CIVIL L.R. 3-

12(B) 

Action Filed: January 31, 2017 

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Calif.’s Admin. Mot. To Consider Whether Cases Should Be Related 

(Case No. 3:17-cv-00485-WHO) 

I. INTRODUCTION 

Pursuant to Civil Local Rule 3-12(b), the State of California respectfully requests that the 

Court relate the action State of California v. Barr et al., Case No. 19-cv-6189 (California v. Barr) 

filed on September 30, 2019 in the Northern District of California to California v. Sessions et al., 

Case No. 18-cv-5169 (California v. Sessions II, with California v. Barr, the “Actions”), and thus, 

to the previous cases that the Court has found related.1

 This case involves the imposition of 

immigration enforcement funding conditions on federal grants. Prior cases involving the same or 

similar issues have previously been related to each other. California v. Sessions II is related to 

City and County of San Francisco v. Trump, 17-cv-485 (San Francisco v. Trump), pursuant to an 

order granted on September 10, 2018 (ECF No. 217), in that matter. California v. Sessions et al., 

Case No. 17-cv-4701 (California v. Sessions I), is related to City and County of San Francisco v. 

Sessions et al., Case No. 17-cv-4642 (San Francisco v. Sessions), pursuant to an order granted on 

August 23, 2017 (ECF No. 32), in that matter. San Francisco v. Sessions is related to San 

Francisco v. Trump pursuant to an order granted on August 23, 2017 (ECF No. 156) in that 

matter. 

“An action is related to another when: (1) The actions concern substantially the same 

parties, property, transaction or event; and (2) It appears likely that there will be an unduly 

burdensome duplication of labor and expense or conflicting results if the cases are conducted 

before different Judges.” N.D. Cal. Civ. L.R. 3-12(a). Counsel for Defendants have 

communicated that they do not have a position as to California’s motion at this time. 

II. DISCUSSION 

The Actions concern substantially the same parties and events. Both cases challenge the 

federal government’s ongoing attempts to condition federal funds on federal immigration 

enforcement priorities. Specifically, California v. Sessions I, California v. Sessions II, and 

 1

 The operative complaints in California v. Sessions II and California v. Barr are attached 

as Exhibits 1 and 2 respectively, to the Declaration of Lee I. Sherman (“Sherman Decl.”) filed 

herewith. Per N.D. Cal. Civ. L.R. 3-12(b), California files this motion in the original case to 

which these later cases have been related, City and County of San Francisco v. Trump, Case No. 

17-cv-485. 

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California v. Barr involve the U.S. Department of Justice’s efforts to add immigration 

enforcement requirements to Edward Byrne Memorial Justice Assistance Grants (JAG). JAG is a 

formula grant created by Congress to fund state and local governments to support one of eight 

types of enumerated criminal justice programs. 

In FY 2017 and FY 2018, Defendants sought to impose immigration enforcement 

requirements on JAG funding. In FY 2019, Defendants seek to impose the same requirements on 

JAG funding that they attempted to impose in FY 2018 (the JAG Immigration Enforcement 

Requirements). Specifically, for both fiscal years, Defendants seek to require grant recipients to: 

 Not violate 8 U.S.C. §§ 1373 and 1644, federal statutes which prohibits restrictions on the 

exchange of information regarding immigration and/or citizenship status, compare 

Sherman Decl. Ex. 3 ¶¶ 42-43, with Sherman Decl. Ex. 5 ¶¶ 31-34; 

 Not publicly disclose law enforcement information “in a direct or indirect attempt to 

conceal, harbor, or shield from detection . . . any alien who has come to, entered, or 

remains in the United States . . . without regard to whether such disclosure would 

constitute . . . a violation of . . . 8 U.S.C. § 1324(a),” compare Sherman Decl. Ex. 3 ¶ 44 

with Sherman Decl. Ex. 5 ¶¶ 35-36; 

 Not “imped[e] access to any State or local government . . . correctional facility by 

[Department of Homeland Security (DHS)] agents for the purpose [of] interrogating any 

alien or person believed to be an alien as to his or her right to be or to remain in the United 

States,” compare Sherman Decl. Ex. 3 ¶ 45 with Sherman Decl. Ex. 5 ¶¶ 37-38 (internal 

notations omitted for both exhibits); 

 Provide at least 48 hours’ advance notice to DHS regarding the scheduled release date and 

time of an “alien” in the jurisdiction’s custody when DHS requests such notice in order to 

take custody of the individual, compare Sherman Decl. Ex. 3, ¶ 46 with Sherman Decl. 

Ex. 5 ¶ 39-40; and 

 Respond to questions about a jurisdiction’s laws and policies around “Communication 

with the Department of Homeland Security (DHS) and/or Immigration and Customs 

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Calif.’s Admin. Mot. To Consider Whether Cases Should Be Related 

(Case No. 3:17-cv-00485-WHO) 

Enforcement (ICE),” compare Sherman Decl. Ex. 5 at 27-28 with Sherman Decl. Ex. 6 at 

22-23. 

Defendants also seek to impose the same requirement to not violate § 1373 to the State’s Title II 

Juvenile Justice Formula Grant (1373 Title II Requirement) as they have attempted to impose on 

JAG in FY 2017, 2018, and 2019. Compare Sherman Decl. Ex. 3 ¶¶ 42-43 & Ex. 5 ¶¶ 31-34 with 

Sherman Decl. Ex. 7 ¶¶ 38-41. 

 In addition, Defendants have added a new requirement to “virtually all” USDOJ grants, 

including JAG and the State’s Title II Juvenile Justice Formula Grant. This funding condition 

requires grant recipients and subrecipients to “[e]nsure that, as part of the hiring process for any 

position within the United States that is or will be funded (in whole or in part) with award funds, 

[that they] properly verif[y] the employment eligibility of the individual who is being hired, 

consistent with the provisions of 8 U.S.C. § 1324a(a)(1) and (2)” (1324a Requirement). Sherman 

Decl. Ex. 5 ¶ 9; Ex. 7 ¶ 9 (examples of grant awards with 1324a Requirement). In addition to 

JAG and the Title II Juvenile Justice Formula Grant, USDOJ has thus far imposed this 

Requirement on various other grants that the State receives from USDOJ: California’s Victims of 

Crime Act (VOCA) Assistance and Compensation Grants, Violence Against Women Act 

Services, Training, Officers, Prosecutors Grant, Violence Against Women Act Sexual Assault 

Services Program Grant, Paul Coverdell Forensic Science Improvement Grant, Residential 

Substance Abuse Treatment Grant, DNA Capacity Enhancement and Backlog Reduction Program 

Grant, and Prison Rape Elimination Act funding. All of these grants, like JAG and Title II, are 

formula grants. 

Both California v. Barr and California v. Sessions II challenge the constitutionality and 

lawfulness of JAG Immigration Enforcement Requirements on the same grounds. California v. 

Barr, like California v. Sessions II, argues the JAG Immigration Enforcement Requirements at 

issue: (a) violate the constitutional separation of powers by allowing the executive branch to 

inappropriately wield Congress’s exclusive spending power; (b) violate the Spending Clause 

because the conditions are ambiguous and are not germane to the stated purpose of the JAG 

program; and (c) violate the Administrative Procedure Act because Defendants exceeded 

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Calif.’s Admin. Mot. To Consider Whether Cases Should Be Related 

(Case No. 3:17-cv-00485-WHO) 

congressional authorization and acted in an arbitrary and capricious manner in adding the 

conditions. Compare Sherman Decl. Ex. A ¶¶ 108-19, 128-44 with Sherman Decl. Ex. B ¶¶ 201-

228. California v. Barr also challenges the constitutionality and lawfulness of the 1373 Title II 

Requirement and the new 1324a Requirement on all USDOJ formula grants under similar legal 

theories. Compare Sherman Decl. Ex. A ¶¶ 108-19, 128-44 with Sherman Decl. Ex. B ¶¶ 201-52. 

Moreover, California v. Barr also seeks a declaration that California Labor Code § 1019.2, as 

applied to public employees, does not conflict with 8 U.S.C. § 1324a(a)(2). Sherman Decl. Ex. B 

¶¶ 253-57. 

Both cases involve similar parties: the State of California, as plaintiff, and the United States 

Attorney General, the Principal Deputy Assistant Attorney General, and USDOJ as defendants, 

with additional USDOJ defendants in California v. Barr due to the inclusion of other conditioned 

grants. There is substantial factual overlap, as both cases involve funding requirements for FY 

2019 funding that are substantially similar to the FY 2018 funding conditions. While the FY 

2019 case also includes a new condition, new grants at issue, and an additional California statute 

at issue, many of the underlying legal arguments that were presented in California v. Sessions I 

and California v. Sessions II apply to the imposition of the 1373 Title II Requirement and the 

1324a Requirement on USDOJ formula grants. And in both cases, the State is seeking 

declaratory, injunctive, and mandamus relief. Given the overlap in parties, factual and legal 

issues involved, and the relief sought in both cases, it is likely that conducting the Actions in two 

courts simultaneously may lead to unnecessary duplication of effort and the potential for 

conflicting results. Defendants have conveyed that they do not have a position as to this motion 

at this time. Sherman Decl. ¶ 10. 

III. CONCLUSION 

For the reasons set forth above, California respectfully requests that the Court relate 

California v. Barr to California v. Sessions II. 

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Calif.’s Admin. Mot. To Consider Whether Cases Should Be Related 

(Case No. 3:17-cv-00485-WHO) 

Dated: October 2, 2019 Respectfully Submitted, 

XAVIER BECERRA

Attorney General of California 

MICHAEL L. NEWMAN

Senior Assistant Attorney General 

SARAH E. BELTON

Supervising Deputy Attorney General 

KRISTI GUDOSKI COOK

LISA C. EHRLICH

XIYUN YANG

/S/ Lee I. Sherman 

LEE SHERMAN

Deputy Attorneys General 

Attorneys for State of California 

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Exhibit 1 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

XAVIER BECERRA

Attorney General of California 

MICHAEL NEWMAN

Senior Assistant Attorney General 

SARAH E. BELTON

Supervising Deputy Attorney General 

CHEROKEE DM MELTON

LEE I. SHERMAN (SBN 272271)

Deputy Attorneys General 

300 S. Spring St., Suite 1702 

Los Angeles, CA 90013 

Telephone: (213) 269-6404 

Fax: (213) 897-7605 

E-mail: Lee.Sherman@doj.ca.gov 

Attorneys for Plaintiff State of California 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

STATE OF CALIFORNIA, ex rel, XAVIER 

BECERRA, in his official capacity as 

Attorney General of the State of California, 

Plaintiff, 

 v. 

JEFFERSON B. SESSIONS, in his official 

capacity as Attorney General of the United 

States; MATT M. DUMMERMUTH, in his 

official capacity as Principal Deputy 

Assistant Attorney General; UNITED 

STATES DEPARTMENT OF JUSTICE; 

and DOES 1-100, 

Defendants.

Case No. 18-cv-5169 

FIRST AMENDED COMPLAINT FOR 

DECLARATORY, INJUNCTIVE, AND 

MANDAMUS RELIEF 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

1. Plaintiff State of California, ex rel. Xavier Becerra, California Attorney General 

(“Plaintiff” or “California”), brings this complaint to protect California from the latest attempt by 

the Trump Administration to strip law enforcement funding from the State unless the State and 

local governments in California agree to participate in the Administration’s immigration 

enforcement program. For fiscal year (FY) 2017, this Court held that the immigrationenforcement requirements that Defendants sought to impose on the State’s law enforcement 

grants to be unconstitutional, and permanently enjoined their implementation against California. 

In FY 2018, not only have Defendants continued to impress the same or similar requirements in 

disregard of the decisions reached by this and other courts, but they have doubled down by adding 

more onerous immigration enforcement requirements on law enforcement funding. 

2. The Edward Byrne Memorial Justice Assistance Grant (“JAG”) program remains the 

centerpiece of Defendants’ efforts to disqualify California law enforcement from receiving 

federal funding. For FY 2018, Congress appropriated $28.9 million in JAG funding to California 

and its political subdivisions. The United States Department of Justice (“USDOJ”), led by 

Attorney General Jefferson B. Sessions III, and the Office of Justice Programs (“OJP”), led by 

Principal Deputy Assistant Attorney General Matt M. Dummermuth1

 (collectively, with USDOJ 

and Attorney General Sessions, the “Defendants”), are responsible for administering this 

program. JAG awards are provided to each state, and certain local jurisdictions within each state, 

to, among other things, support law enforcement programs, reduce recidivism, conduct crime 

prevention and education programs for at-risk youth, and support programs for crime victims and 

witnesses. Every state is entitled by law to a share of these funds. 

3. In FY 2017, Defendants added unprecedented immigration enforcement conditions to 

JAG funding. On October 5, 2018, this Court struck down all of the immigration enforcement 

conditions added to FY 2017 JAG funding. Order re: Mots. for Summ. Judg., California, ex rel 

 1

 On October 5, 2018, Defendants announced Matt M. Dummermuth as the new head of 

the Office of Justice Programs. See Press Release, U.S. Dep’t of Justice, Department of Justice 

Announces Matt Dummermuth to Head the Office of Justice Programs (Oct. 5, 2018), 

https://www.justice.gov/opa/pr/department-justice-announces-matt-dummermuth-head-officejustice-programs. He automatically substitutes for Laura L. Rogers as a defendant pursuant to 

Federal Rule of Civil Procedure 25(d).

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

Becerra v. Sessions (“Becerra I”), No. 17-cv-4701 (N.D. Cal. Oct. 5, 2018) ECF No. 137 (“MSJ 

Order”). Courts across the country have likewise unanimously found those conditions to be 

unconstitutional. See Chicago v. Sessions, 888 F.3d 272 (7th Cir. 2018); Order Granting Pl.’s 

Appl. for Prelim. Inj., Los Angeles v. Sessions, No. 17-cv-7215 (C.D. Cal. Sept. 13, 2018) ECF 

No. 93, appeal docketed, 18-56292 (9th Cir. Oct. 1, 2018); Chicago v. Sessions, 321 F. Supp. 3d 

855, 874 (N.D. Ill. 2018), appeal docketed, 18-2885 (7th Cir. Aug. 28, 2018); Philadelphia v. 

Sessions, 309 F. Supp. 3d 289 (E.D. Pa. 2018), appeal docketed, 18-2648 (3d Cir. July 26, 2018).

4. Rather than re-consider the lawfulness of the conditions, for FY 2018 JAG funding,2

Defendants have maintained a requirement that the chief legal officer of the jurisdiction applying 

for funding (the Attorney General in the case of the State) must certify compliance with 8 U.S.C. 

§ 1373, which prohibits restrictions on certain exchanges of information regarding a person’s 

immigration or citizenship status. But Defendants cannot require compliance with § 1373 as a 

condition for federal funding for the simple reason that § 1373 itself is unconstitutional under the 

Tenth Amendment of the U.S. Constitution. Four federal courts, including this one, have recently 

called into question the legality of § 1373 or declared it unconstitutional. 

5. For JAG, Defendants demand more than compliance with § 1373. In order to receive 

FY 2018 JAG funding, Defendants also require that jurisdictions certify compliance with 8 

U.S.C. § 1644, certify to not “imped[ing] the exercise by federal officers of authority” under or 

relating to 8 U.S.C. §§ 1226(a) & (c), 1231(a), 1357(a), and 1366(1) & (3). Defendants also seek 

to broadly prohibit jurisdictions from publicly disclosing information provided, and requests 

made, by immigration authorities, which Defendants claim relates to 8 U.S.C. § 1324, a federal 

statute that prohibits persons from concealing, harboring, or shielding “aliens.” Plaintiff refers to 

all of these requirements collectively as the “Immigration Enforcement Requirements.” The 

Immigration Enforcement Requirements, as described in the FY 2018 JAG Awards, effectively 

 2

 U.S. Dep’t of Justice, Edward Byrne Memorial Justice Assistance Grant Program: FY 

2018 State Solicitation (2018) (“JAG State Solicitation) (attached as Ex. A); see also U.S. Dep’t 

of Justice, Edward Byrne Memorial Justice Assistance Grant Program: FY 2018 Local 

Solicitation (2018) (“JAG Local Solicitation,” collectively with the JAG State Solicitation, “JAG 

Solicitations”) (attached as Ex. B). An example of a FY 2018 JAG award is attached as Exhibit C 

and referred to as the “FY 2018 JAG Award.” 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

require law enforcement to respond to requests from immigration authorities for a person’s 

release date from custody, to provide immigration authorities with access, without delay, to 

detention facilities, and to limit transparency about requests made by immigration authorities. 

6. Defendants claim that these Immigration Enforcement Requirements reflect 

“applicable Federal laws.” They do not. First, these Immigration Enforcement Requirements are 

not an accurate reflection of federal immigration law; there is no requirement in federal 

immigration law for state or local governments to assist in immigration enforcement and, aside 

from the narrow prohibitions in §§ 1373 and 1644, no broad requirement for state or local 

governments to allow use of their personnel and resources for immigration enforcement. Second, 

Defendants are constrained in adding conditions to formula grants, such as JAG, that are not 

tethered to federal law. Congress has not tied any of these laws, including § 1373, to federal 

grant-making. Most of these laws have no applicability to state and local governments. In 

addition, these requirements conflict with Congress’s intent to not condition federal funding on 

immigration enforcement related activities. 

7. Since Congress did not attach these requirements to federal funding, Defendants lack 

authority to interpret “applicable Federal laws” in a manner that would result in commandeering 

state and local government functions in violation of the Tenth Amendment of the U.S. 

Constitution. These Immigration Enforcement Requirements intrude on the sovereignty of 

California and its local jurisdictions by interpreting federal law as requiring state and local 

governmental participation in federal immigration enforcement and preventing the State from 

declining participation in federal immigration enforcement. 

8. To the extent Defendants have statutory authority to impose the Immigration 

Enforcement Requirements, Defendants have exceeded constitutional limits under the Spending 

Clause of the U.S. Constitution. The Immigration Enforcement Requirements are not sufficiently 

related to the federal purposes that Congress designed for those funding schemes and are too 

ambiguous to provide clear notice to the State or its political subdivisions as to what is needed to 

comply. The Immigration Enforcement Requirements also violate the Administrative Procedure 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

Act (“APA”) because of their constitutional infirmities, and because Defendants acted in excess 

of their statutory authority and in an arbitrary and capricious manner. 

9. California complies with all of the requirements identified in the JAG authorizing 

statute, and that apply to federal grantees under federal law. Nevertheless, while California’s 

laws comply with the Immigration and Nationality Act (“INA”), since the Immigration 

Enforcement Requirements exceed what may be required under “applicable Federal law,” 

California will most certainly face an enforcement action if it agrees to the Immigration 

Enforcement Requirements. Defendants have already tried to withhold JAG awards from all state 

entities and local jurisdictions in California because under their theory, California does not 

comply with § 1373. The United States sued California in the Eastern District of California, 

unsuccessfully claiming that Senate Bill 54, which consists of the Amended Transparency and 

Responsibility Using State Tools Act (“TRUST Act”), Cal. Gov’t Code §§ 7282-7282.5, and the 

California Values Act, Cal. Gov’t Code §§ 7284-7284.12, “impedes” federal immigration 

officials in violation of federal law. However, as that court found, California’s laws do not stand 

as an obstacle to prevent immigration authorities from doing their jobs using their own resources.

Instead, California’s laws are designed to foster community trust between law enforcement and 

the communities they serve, and to allocate limited law enforcement resources in a manner that is 

in the best interest of the State’s public safety. Likewise, California’s Transparent Review of 

Unjust Transfers and Holds (“TRUTH”) Act, Cal. Gov’t Code §§ 7283-7283.2, does not 

“impede” federal law enforcement merely because California has determined that transparency by 

state and local law enforcement regarding immigration enforcement is an important method to 

promote public safety, trust, and community policing. Defendants cannot enforce the “applicable 

Federal laws” in the manner that they intend because such an erroneous interpretation of these 

federal laws would allow the federal government to commandeer the State’s direction of its law 

enforcement. 

10. Not only are these Immigration Enforcement Requirements unlawful, but agreeing to 

them will cause California harm by requiring that the State and local jurisdictions terminate their 

public safety oriented laws and policies. This means that the State and its localities will lose 

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control of their ability to focus their resources on fighting crime and instead will devote resources 

to federal immigration enforcement. The trust and cooperation that the State’s laws and local 

ordinances are intended to build between law enforcement and immigrant communities will be 

eroded. Alternatively, if the State refuses to comply with the Immigration Enforcement 

Requirements, or if Defendants refuse to provide funding to California on the basis of these 

unlawful requirements, important public safety programs will likely need to be cut to the 

detriment of state and local law enforcement agencies and their budgets. 

11. For these reasons, and those discussed below, the Court should declare the 

Immigration Enforcement Requirements are unconstitutional and/or a violation of the APA, 

enjoin their imposition, and pursuant to 28 U.S.C. § 1361 require that Defendants issue JAG 

awards and funding to the State and its local jurisdictions that comply with the requirements 

enumerated by Congress. 

JURISDICTION AND VENUE 

12. Jurisdiction is proper in this Court under 28 U.S.C. § 1331 because this case arises 

under the Constitution and the laws of the United States. The Court also has jurisdiction under 28 

U.S.C. § 1346 because this is a civil action against the federal government founded upon the 

Constitution and an Act of Congress. Jurisdiction is proper under the judicial review provisions 

of the Administrative Procedure Act, 5 U.S.C. §§ 701-06. The Court has authority to provide 

relief under the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Mandamus Statute, 28 

U.S.C. § 1361. 

13. Under 28 U.S.C. § 1391(e)(1), venue is proper in the Northern District of California 

because the Attorney General and the State of California have offices at 455 Golden Gate 

Avenue, San Francisco, California and at 1515 Clay Street, Oakland, California, and Defendants 

have offices at 450 Golden Gate Avenue, San Francisco, California.

INTRADISTRICT ASSIGNMENT

14. Assignment to the San Francisco Division of this District is proper pursuant to Civil 

Local Rule 3-2(c)-(d) because Plaintiff and Defendants both maintain offices in the District in 

San Francisco. 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

PARTIES

15. Plaintiff State of California is a sovereign state in the United States of America. 

16. California is aggrieved by the actions of Defendants and has standing to bring this 

action because of the injury to its sovereignty as a State caused by the challenged federal actions. 

The inclusion of unconstitutional and unlawful Immigration Enforcement Requirements impairs 

the State’s exercise of its police power in a manner it deems necessary to protect the public 

safety. The Immigration Enforcement Requirements burden California’s exercise of its sovereign 

power to enforce its laws, and place a regulatory burden on California as a funding recipient, 

obligating the State to continuously monitor compliance of all subgrantees throughout the State, 

which will result in increased staff time and expenses. 

17. As a result of Defendants’ unconstitutional and unlawful actions, the State of 

California, including its political subdivisions, is in imminent danger of losing $28.9 million for 

JAG this fiscal year, including $18 million that is owed to the State itself. 

18. Plaintiff Attorney General Xavier Becerra is the chief law officer of the State and the 

head of the California Department of Justice. Cal. Const., art. V, § 13; Cal. Gov’t Code § 12510.

Attorney General Becerra, on behalf of California, has standing to bring this action because 

funding for law enforcement throughout the State is at stake. See Pierce v. Super. Ct., 1 Cal.2d 

759, 761-62 (1934) (Attorney General “has the power to file any civil action or proceeding 

directly involving the rights and interests of the state . . . and the protection of public rights and 

interests.”). As the State’s Chief Law Officer, the Attorney General is responsible for ensuring 

that the laws of the State are enforced. Cal. Const., art. V, § 13. The Immigration Enforcement 

Requirements undermine California statutes. In addition, the Attorney General has standing on 

the basis of the requirement that he personally agree to the Immigration Enforcement 

Requirements. 

19. Defendant U.S. Department of Justice (“USDOJ”) is an executive department of the 

United States of America pursuant to 5 U.S.C. § 101, and a federal agency within the meaning of 

28 U.S.C. § 2671. As such, it engages in agency action within the meaning of 5 U.S.C. § 702, 

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and is named as a defendant in this action pursuant to 5 U.S.C. § 702. USDOJ is responsible for 

administering the JAG funds appropriated by Congress. 

20. Defendant Jefferson B. Sessions III, is Attorney General of the United States, and 

oversees USDOJ, including the Office of Justice Programs (“OJP”). He is sued in his official 

capacity pursuant to 5 U.S.C. § 702.

21. Defendant Matt M. Dummermuth is Principal Deputy Assistant Attorney General in 

charge of OJP, which administers JAG funding. He is sued in his official capacity pursuant to 5 

U.S.C. § 702. 

22. Each of the Defendants named in this Complaint are acting in their official capacity 

for the United States government bearing responsibility, in whole or in part, for the acts 

enumerated in this Complaint. 

23. The true names and capacities of Defendants identified as DOES 1-100 are unknown 

to Plaintiff, and Plaintiff will amend this Complaint to insert the true names and capacities of 

those fictitiously named Defendants when they are ascertained. 

FACTUAL ALLEGATIONS 

I. CALIFORNIA’S LAWS SEEK TO PROTECT THE SAFETY AND WELFARE OF THE 

STATE’S RESIDENTS BY FOCUSING LAW ENFORCEMENT ON CRIMINAL ACTIVITY 

AND BUILDING TRUST BETWEEN LAW ENFORCEMENT AND COMMUNITIES

24. California state and local law enforcement agencies (“LEAs”), guided by the duly 

enacted laws of the State and ordinances of local jurisdictions, are tasked with effectively 

policing, protecting, and serving all residents, including more than 10 million foreign-born 

individuals who live in the State. California’s laws implicated in this suit are a valid exercise of 

the State’s police power to regulate regarding the health, welfare, and public safety of its 

residents. These laws strengthen community policing efforts by encouraging undocumented 

victims to report crimes to local law enforcement so that perpetrators are apprehended before 

harming others. 

25. The purpose of these California laws is to ensure that law enforcement resources are 

focused on a core public safety mission and to build trust and cooperation between law 

enforcement and the State’s immigrant communities. When local and state LEAs engage in 

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immigration enforcement, as Defendants contemplate, vulnerable victims and witnesses are less 

likely to come forward to report crimes. 

26. California’s laws are not unique. Many jurisdictions across the country, including 

local jurisdictions in California, have policies that define the circumstances under which local law 

enforcement personnel may expend time and resources in furtherance of federal immigration 

enforcement. Those jurisdictions variously impose limits on compliance with Immigration and 

Customs Enforcement (“ICE”) detainer requests, ICE notification requests about release dates, 

and ICE’s access to detainees, or provide additional procedural protections for individuals prior to 

an interview with immigration authorities. 

A. The TRUST Act 

27. In 2013, California enacted the TRUST Act, Cal. Gov’t Code §§ 7282-7282.5. The 

TRUST Act defined the circumstances under which local LEAs may detain an individual at the 

request of federal immigration authorities. The TRUST Act went into effect on January 1, 2014. 

28. The TRUST Act was intended to address numerous public safety concerns regarding 

the federal practice of issuing detainers to local law enforcement. Among the Legislature’s 

concerns were that federal courts have concluded that detainer requests do not provide sufficient 

probable cause to satisfy the requirements of the Fourth Amendment of the U.S. Constitution, and 

data showing that detainer requests “have erroneously been placed on United States citizens, as 

well as immigrants who are not deportable.” Assem. Bill No. 4, 1st Reg. Sess. (Cal. 2013) § 1(c). 

29. The TRUST Act previously set forth two conditions that local law enforcement must 

meet to have discretion to detain a person pursuant to an “immigration hold” (also known as a 

“detainer request” or “detainer hold”), which is when an immigration authority requests that the 

law enforcement official “maintain custody of the individual for a period not to exceed 48 hours, 

excluding Saturdays, Sundays, and holidays.” Cal. Gov’t Code § 7282(c) (prior to amendments 

codified on Oct. 5, 2017). First, the detention could not “violate any federal, state, or local law, 

or any local policy,” which includes the Fourth Amendment of the U.S. Constitution. Id. § 

7282.5(a) (prior to amendments codified on Oct. 5, 2017). Second, law enforcement could only 

detain someone with certain, specified criminal backgrounds, an individual on the California Sex 

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and Arson Registry, or a person charged with a serious or violent felony who was the subject of a 

probable cause determination from a magistrate judge. Id. § 7282.5(a)(1)-(6) (prior to 

amendments codified on Oct. 5, 2017). Only when both of these conditions were met could local 

law enforcement detain an individual “on the basis of an immigration hold after the individual 

becomes eligible for release from custody.” Id. § 7282.5(b). 

B. The TRUTH Act 

30. In 2016, California enacted the TRUTH Act, Cal. Gov’t Code §§ 7283-7283.2, which 

took effect on January 1, 2017. The purpose of the TRUTH Act is to increase transparency about 

immigration enforcement and “to promote public safety and preserve limited local resources 

because entanglement between local law enforcement and ICE undermines community policing 

strategies and drains local resources.” Assem. Bill No. 2792, Reg. Sess. (Cal. 2016) § 2(a)-(c), 

(g)-(i). 

31. Under the TRUTH Act, prior to ICE interviewing someone being held in custody, a 

law enforcement officer must provide the detained individual with a “written consent form that 

explains the purpose of the interview, that the interview is voluntary, and that he or she may 

decline to be interviewed or may choose to be interviewed only with his or her attorney present.” 

Cal. Gov’t Code § 7283.1(a). In addition, when a LEA receives a detainer, notification, or 

transfer request, the LEA must “provide a copy of the request to the [detained] individual and 

inform him or her whether the law enforcement agency intends to comply with the request.” Id. § 

7283.1(b). If the LEA complies with ICE’s request to notify ICE as to when the individual will 

be released, it must also “promptly provide the same notification in writing to the individual and 

to his or her attorney or to one additional person who the individual shall be permitted to 

designate.” Id.

C. The California Values Act 

32. On October 5, 2017, Governor Edmund G. Brown Jr. signed into law the California 

Values Act, Cal. Gov’t Code §§ 7284-7284.12, which took effect on January 4, 2018. In 

conjunction with this measure, California amended the TRUST Act. 

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33. The Values Act sets the parameters under which California law enforcement agencies 

may participate in immigration enforcement. The California Department of Corrections and 

Rehabilitation (“CDCR”) is not considered a “California law enforcement agency” for purposes 

of the Values Act. Cal. Gov’t Code § 7284.4(a).

34. Consistent with the Legislature’s purpose in passing the TRUST and TRUTH Acts, in 

its findings, the Legislature emphasized that “[a] relationship of trust between California’s 

immigrant community and state and local agencies is central to the public safety of the people of 

California.” Id. § 7284.2(b). The Legislature recognized “[t]his trust is threatened when state and 

local agencies are entangled with federal immigration enforcement, with the result that immigrant 

community members fear approaching police when they are victims of, and witnesses to, crimes, 

seeking basic health services, or attending school, to the detriment of public safety and the wellbeing of all Californians.” Id. § 7284.2(c). The Legislature declared that the focus of the Values 

Act is “to ensure effective policing, to protect the safety, well-being, and constitutional rights of 

the people of California, and to direct the state’s limited resources to matters of greatest concern 

to state and local governments.” Id. § 7284.2(f). 

35. The Values Act generally prohibits California law enforcement agencies from using 

agency money or personnel to ask an individual about his or her immigration status for 

immigration enforcement purposes. Id. § 7284.6(a)(1)(A).

36. The Values Act, expanding upon the limitations contained in the prior iteration of the 

TRUST Act, prohibits compliance with detainer requests. See id. § 7284.6(a)(1)(B). In doing so, 

the Legislature recognized that federal courts have found state and local law enforcement 

compliance with detainer holds to be in violation of the Fourth Amendment when the detainer 

holds are not supported by the requisite probable cause. See id. § 7284.2(e). Presently, it is ICE 

policy to attach an administrative warrant to a detainer hold.3

 However, that administrative 

warrant is signed by an administrative officer, and not a federal judge. See id. The administrative 

warrant only provides “probable cause . . . that the subject is an alien who is removable from the 

 3

 U.S. Immigration and Customs Enforcement, Issuance of Immigration Detainers by ICE 

Immigration Officers, § 2.4 (Mar. 24, 2017), 

https://www.ice.gov/sites/default/files/documents/Document/2017/10074-2.pdf.

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United States,” but does not provide probable cause that the subject of the detainer hold is 

believed to have violated a criminal offense. Id.

37. In conjunction with the passage of the Values Act, the TRUST Act was amended to 

identify the circumstances when local law enforcement has discretion to respond to notification 

requests. Id. § 7282.5(a). “Notification request[s]” are requests by an immigration authority 

asking that a law enforcement official inform it “of the release date and time in advance of the 

public of an individual in its custody.” Id. §§ 7282(c), 7283(f). Notification requests are made by 

immigration authorities on the I-247A form that also includes a detainer request.4

38. Under the Values Act, LEAs have discretion to comply with notification requests if 

doing so would not “violate any federal, state, or local law, or local policy.” Cal. Gov’t Code §

7282.5(a); see id. § 7284.6(a)(1)(C). In addition, the Values Act allows LEAs to comply with 

notification requests under one of two scenarios. First, LEAs may respond to notification 

requests regarding someone who was previously convicted of one or more of a multitude of 

felonies or misdemeanors identified in the TRUST Act, a person charged with one or more of an 

array of felonies who was subject to a probable cause determination from a magistrate judge, or 

an individual on the California Sex and Arson Registry. Id. § 7282.5. Alternatively, LEAs may 

comply with a notification request if the information requested is already “available to the 

public.” Id. § 7284.6(a)(1)(C). 

39. The Values Act prohibits LEAs from using agency or department money or personnel 

to “[p]rovid[e] personal information, as defined in Section 1798.3 of the Civil Code, about an 

individual” “for immigration enforcement purposes,” unless that information is publicly 

available. Id. § 7284.6(a)(1)(D). “Personal information” is defined in the Civil Code as any 

information “that identifies or describes an individual, including, but not limited to, his or her 

name, social security number, physical description, home address, home telephone number, 

education, financial matters, and medical or employment history” and “includes statements made 

by, or attributed to, the individual.” Cal. Civ. Code § 1798.3(a). 

 4

 Department of Homeland Security, Immigration Detainer - Notice of Action, 

https://www.ice.gov/sites/default/files/documents/Document/2017/I-247A.pdf.

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40. The Values Act also limits when a LEA may transfer an individual to immigration 

authorities. Cal. Gov’t Code § 7284.6(a)(4). Under the Values Act, LEAs may transfer a person 

to immigration authorities under two scenarios. First, the LEA may transfer a person to 

immigration authorities if the immigration authority presents a judicial warrant or judicial 

probable cause determination by a federal judge or a federal magistrate judge for a violation of 

federal criminal immigration law. Id. §§ 7284.4(h) & (i), 7284.6(a)(4). Second, LEAs may 

respond to transfer requests regarding someone who was previously convicted of one or more of a 

multitude of felonies or misdemeanors identified in the TRUST Act, or an individual on the 

California Sex and Arson Registry. Id. § 7282.5(a).

41. The Values Act expressly authorizes compliance with all aspects of §§ 1373 and 

1644. Id. § 7284.6(e).

42. Neither the Values nor TRUTH Acts prohibit a jurisdiction from allowing ICE to 

access its jails to interview inmates. The Values Act explicitly reaffirms the absence of any such 

restriction, and requires only that state and local law enforcement, including CDCR, comply with 

the TRUTH Act when providing such access to immigration authorities. Id. §§ 7284.6(b)(5), 

7284.10(a).

II. CONGRESS DID NOT INTEND JAG TO BE CONDITIONED ON STATE AND LOCAL LAW 

ENFORCEMENT ASSISTING IN FEDERAL IMMIGRATION ENFORCEMENT

43. JAG is administered by OJP within USDOJ. JAG funding is authorized by Congress 

under 34 U.S.C. §§ 10151-10158. The authorizing statute has been amended numerous times 

since its inception in 1988, evolving into the JAG program as it exists today. 

44. The Anti-Drug Abuse Act of 1988 amended the Omnibus Crime Control and Safe 

Streets Act of 1968 to create the Edward Byrne Memorial State and Local Law Enforcement 

Assistance Programs grants (“Byrne Grants”) “to assist States and units of local government in 

carrying out specific programs which offer a high probability of improving the functioning of the 

criminal justice system.” Anti-Drug Abuse Act of 1988, Pub. L. No. 100-690, tit. VI, § 6091(a), 

102 Stat. 4181, 4328 (1988) (repealed 2006). Congress placed a “special emphasis” on programs 

that support national drug control priorities across states and jurisdictions. Id. Congress 

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identified 21 “purpose areas” for which Byrne Grants could be used. Many of the purpose areas 

relate to the investigation, enforcement, and prosecution of drug offenses. See id. Immigration 

enforcement was never specified in any of the grant purpose areas. 

45. In amendments between 1994 and 2000, Congress identified eight more purpose areas 

for which Byrne funding could be used, bringing the total to 29. 42 U.S.C. § 3751(b) (as it 

existed on Dec. 21, 2000) (repealed 2006). Immigration enforcement was not specified in any of 

these eight additional purpose areas.

46. For FY 1996, Congress separately authorized Local Law Enforcement Block Grants 

(“LLEBG”) that directed payment to units of local government for the purpose of hiring more 

police officers or “reducing crime and improving public safety.” Local Government Law 

Enforcement Block Grants Act of 1995, H.R. 728, 104th Cong. (1995). Congress identified nine 

“purpose areas” for LLEBG, none of which were immigration enforcement. Id.

47. The Byrne Grant and LLEBG programs were then merged to eliminate duplication, 

improve their administration, and to provide state and local governments “more flexibility to 

spend money for programs that work for them rather than to impose a ‘one size fits all’ solution” 

to local law enforcement. H.R. Rep. No. 109-233, at 89 (2005); see also Pub. L. No. 108-447, 

118 Stat. 2809, 2863 (2004); 34 U.S.C. § 10151(a), (b)(1).

48. Currently, the JAG authorizing statute enumerates eight purpose areas for: (A) law 

enforcement programs; (B) prosecution and court programs; (C) prevention and education 

programs; (D) corrections and community corrections programs; (E) drug treatments and 

enforcement programs; (F) planning, evaluation, and technology improvement programs; (G) 

crime victim and witness programs; and (H) mental health programs related to law enforcement 

and corrections. 34 U.S.C. § 10152(a)(1). 

49. The purpose areas for these grants are to support criminal justice programs. 

Immigration enforcement and removal procedures, however, are generally civil in nature. See

Arizona v. U.S., 567 U.S. 387, 396 (2012). Immigration enforcement was never specified in the 

purpose areas for any of these grants throughout this entire legislative history.

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50. In 2006, Congress repealed the only immigration enforcement related requirement 

that had ever existed for JAG funding, a requirement that the chief executive officer of the state 

receiving JAG funding provide certified records of criminal convictions of “aliens.” See

Immigration Act of 1990, Pub. L. No. 101-649, tit. V, § 507(a), 104 Stat. 4978, 5050-51 (1990); 

Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. No. 

102-232, tit. III, § 306(a)(6), 105 Stat. 1733, 1751 (1991) (repealed 2006). This is consistent with 

the statutory scheme that does not include a purpose area connected to immigration enforcement 

The repeal of this provision also evidences Congress’ intent not to condition JAG funding on 

immigration enforcement related activities. 

51. In addition, more recently, Congress has considered but repeatedly declined to adopt 

legislation that would penalize cities for setting their own law enforcement priorities and attempt 

to impose conditions similar to those here.5

III. JAG’S STRUCTURE REQUIRES THAT STATE AND LOCAL JURISDICTIONS RECEIVE 

FORMULA GRANTS

A. The JAG Formula Structure and Conditions 

52. When creating the merged JAG funding structure in 2006, Congress set a formula to 

apportion JAG funds to state and local jurisdictions. 34 U.S.C. § 10156. Population and violent 

crime rates are used to calculate each state’s allocation. Id. § 10156(a)(1). Congress guarantees 

to each state a minimum allocation of JAG funds. Id. § 10156(a)(2).

53. In addition to determining the amount of money received by grantees within each 

state, Congress set forth how that money is to be shared between state and local jurisdictions.

Under the statutory formula, 60 percent of the total allocation to a state must be given directly to 

the state. Id. § 10156(b)(1). 

 5 See Securing America’s Future Act of 2018, H.R. 4760, 115th Cong. (2018) (voted down by 

the House by a vote of 231-193); see also, e.g., No Sanctuary for Criminals Act, H.R. 3003, 115th 

Cong. (2017); Ending Sanctuary Cities Act of 2016, H.R. 6252, 114th Cong. (2016); Stop Dangerous 

Sanctuary Cities Act, S. 3100, 114th Cong. (2016); Stop Sanctuary Policies and Protect Americans 

Act, S. 2146, 114th Cong. (2015); Sanctuary City All Funding Elimination Act of 2015, H.R. 3073, 

114th Cong. (2015).

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54. The statutory formula also provides that 40 percent of the total allocation to a state 

must be given to local governments within the state. Id. § 10156(d)(1). Each unit of local 

government receives funds based on its crime rate. Id. § 10156(d)(2)(A).

55. According to Congress’ JAG funding scheme, states and local governments that apply 

for JAG funds are required to make limited certifications and assurances. Beyond ministerial 

requirements identified in the authorizing statute, the chief executive officer of each applicant 

must certify that: (A) the law enforcement programs to be funded meet all requirements of the 

JAG authorizing statute; (B) all information in the application is correct; (C) there was 

coordination with affected agencies; and (D) the applicant will comply with all provisions of the 

JAG authorizing statute and all other applicable Federal laws. Id. § 10153(a)(5). The 

requirement for applicants to comply with “all other applicable Federal laws” has existed in 

federal statute since Byrne-JAG was created in 1988. Anti-Drug Abuse Act of 1988, Pub. L. No. 

100-690, tit. VI, § 6091(a), 102 Stat. 4181, 4332-33 (1988).

B. California’s Allocation and Use of the JAG Award 

56. Based on the formula prescribed by statute, California is expected to receive 

approximately $28.9 million in JAG funding in FY 2018, with $18 million going to the Board of 

State and Community Corrections (“BSCC”), the entity that receives the formula grant funds that 

are allocated to the State. 

57. The BSCC has disbursed JAG funding using subgrants predominately to local 

jurisdictions throughout California to fund programs that meet the purpose areas identified in the 

JAG authorizing statute. Between Fiscal Years 2015-17, the BSCC funded 32 local jurisdictions 

and the California Department of Justice. 

58. In the past, the BSCC prioritized subgrants to those jurisdictions that focus on 

education and crime prevention programs, law enforcement programs, and court programs, 

including indigent defense. Some examples of California jurisdictions’ purpose-driven use of 

JAG funds include: (a) implementing programs to improve educational outcomes, increase 

graduation rates, and curb truancy; (b) providing youth and adult gang members with multidisciplinary education, employment, treatment, and other support services to prevent gang 

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involvement, reduce substance abuse, and curtail delinquency and recidivism; (c) implementing 

school-wide prevention and intervention initiatives for high-risk students; (d) providing 

comprehensive post-dispositional advocacy and reentry services to improve outcomes and reduce 

recidivism for juvenile probationers; (e) providing a continuum of detention alternatives to 

juvenile offenders who do not require secure detention, which includes assessment, referral, case 

advocacy, home detention, reporting centers, intensive case management, and wraparound family 

support services; and (f) funding diversion and re-entry programs for both minors and young 

adult offenders. 

IV. DEFENDANTS’ ESCALATING ADDITION OF IMMIGRATION ENFORCEMENT 

REQUIREMENTS TO JAG

A. The Addition of the § 1373 Requirements and Subsequent Actions to 

Withhold Funding from the State 

59. In FY 2016, OJP first announced that 8 U.S.C. § 1373 was an “applicable Federal 

law” under JAG, the compliance of which would be a required condition for grantees receiving 

JAG funds. Section 1373(a) provides: 

60. Notwithstanding any other provision of Federal, State, or local law, a Federal, State, 

or local government entity or official may not prohibit, or in any way restrict, any government 

entity or official from sending to, or receiving from [federal immigration enforcement authorities] 

information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

61. Section 1373(b) prohibits any “person or agency” from restricting federal, state, or 

local government entities from “requesting” information regarding a person’s immigration status, 

“maintaining” such information, or “exchanging” such information with federal, state, or local 

government entities. 

62. For FY 2016, OJP required that the BSCC submit a legal opinion validating its 

compliance with § 1373. On April 21, 2017, OJP sent a letter to the BSCC, as well as eight other 

jurisdictions nationwide, demanding that it submit that legal opinion.6

 On June 29, 2017, the 

 6

 Press Release, U.S. Dep’t of Justice, Department of Justice Sends Letter to Nine 

Jurisdictions Requiring Proof of Compliance with 8 U.S.C. § 1373 (Apr. 21, 2017), 

https://www.justice.gov/opa/pr/department-justice-sends-letter-nine-jurisdictions-requiring-proofcompliance-8-usc-1373.

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BSCC submitted the requested legal opinion explaining that the State’s laws, including the 

TRUST and TRUTH Acts, do not violate § 1373. 

63. On July 25, 2017, OJP announced the FY 2017 State JAG Solicitation, and on August 

3, 2017, OJP announced the FY 2017 JAG Local Solicitation. For the first time, the Solicitations 

required that state and local jurisdictions make the following certifications with respect to § 1373 

in order to receive a grant or subgrant: 

x The chief legal officer of the jurisdiction, including the California Attorney General in the 

case of California, must sign an affidavit certifying compliance with § 1373 on behalf of 

the State and “any entity, agency, or official” of the State as applicable to the “program or 

activity” to be funded.

x The chief executive officer of the jurisdiction, including the Governor of the State of 

California, must sign an affidavit making a number of assurances, including that the chief 

executive adopts the chief legal officer’s certification of compliance with § 1373. 

x The subrecipients must certify compliance with § 1373, as applicable to the program and 

award to be funded, and assure that they will comply with all award conditions. 

64. On August 25, 2017, the BSCC submitted the State’s application for JAG. In that 

application, the BSCC stated that it “withholds any commitment at this time concerning new 

grant conditions, pending receipt of the award documents.” 

65. On November 1, 2017, after the enactment of the Values Act, OJP sent the State a 

preliminary compliance assessment letter asserting that three provisions of the Values Act may 

“violate 8 U.S.C. § 1373, depending on how [the State] interprets and applies them.” Those are 

the provisions regulating: (i) inquiries into an individual’s immigration status (Cal. Gov’t Code § 

7284.6(a)(1)(A)); (ii) responses to notification requests (id. § 7284.6(a)(1)(C)); and (iii) the 

sharing of “personal information” (id. § 7284.6(a)(1)(D)). As to the first provision, OJP said that 

to comply with § 1373, the State must certify that it interprets that provision as “not restrict[ing] 

California officers and employees from requesting information regarding immigration status from 

federal immigration officers.” For the notification request and personal information provisions to 

comply with § 1373, OJP said the State must certify that “it interprets and applies these 

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provisions to not restrict California officers from sharing information regarding immigration 

status with federal immigration officers, including information regarding release date[s] and 

home address[es].” If the State cannot so “certify,” then “[USDOJ] has determined that these 

provisions violate [Section 1373].” OJP further “reserve[d] [its] right to identify additional bases 

of potential violation of 8 U.S.C. § 1373.” 

66. On November 13, 2017, the BSCC responded and certified that the Values Act does 

not restrict law enforcement from inquiring about an individual’s immigration status with other 

governmental entities. The BSCC could not provide the requested certification as to the other 

two provisions, and informed OJP that the Values Act regulates the sharing of release date 

information and home addresses because that information is not covered by § 1373. 

67. On January 24, 2018, OJP responded that it still has concerns about the State’s 

compliance with § 1373, and asked the BSCC, and simultaneously, eight other local jurisdictions 

in California, to produce by February 23, under threat of subpoena, “orders, directives 

instructions, or guidance to your law enforcement employees” about communicating with 

USDOJ, the Department of Homeland Security (“DHS”), and ICE.7

 The BSCC responded to that 

letter asserting that it is not a law enforcement agency, so has limited requested documents, but 

produced the documents that were responsive. In the meantime, the State filed a lawsuit 

challenging, among other things, the FY 2017 § 1373 Requirement as unconstitutional and 

unlawful, and seeking a declaration that the State’s laws comply with § 1373. Am. Compl. for 

Decl. and Inj. Relief, Becerra I (Oct. 13, 2017), ECF No. 11.

68. On March 6, 2018, the United States filed a lawsuit against the State of California in 

the Eastern District of California alleging that the provisions of SB 54 [the Values Act] that 

regulate compliance with notification requests, restrict the sharing of personal information for 

immigration enforcement purposes, and limit transfers of individuals to immigration authorities 

are preempted under federal immigration law, and that the notification request and personal 

 7

 Press Release, U.S. Dep’t of Justice, Justice Department Demands Documents and 

Threatens to Subpoena 23 Jurisdictions As Part of 8 U.S.C. § 1373 Compliance Review (Jan. 24, 

2018), https://www.justice.gov/opa/pr/justice-department-demands-documents-and-threatenssubpoena-23-jurisdictions-part-8-usc-1373.

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information provisions also violate § 1373. See Compl., United States v. California, No. 18-cv490, ECF No. 1, ¶ 65 (E.D. Cal. Mar. 6, 2018). In its motion to preliminarily enjoin SB 54, the 

United States argued that these provisions “impede[]” the United States’ enforcement of the 

immigration laws. Pl.’s Mot. for Prelim. Inj. and Mem. of Law in Supp., United States v. 

California, No. 18-cv-490, ECF No. 2-1 at 4, 27, 29, 32, 35, 37 (E.D. Cal. Mar. 6, 2018). 

69. The Eastern District court disagreed. In denying the federal government’s motion to 

enjoin the Values Act, Judge Mendez concluded that § 1373 does not encompass addresses and 

release dates, “Section 1373 and the information sharing provisions of SB 54 do not directly 

conflict,” and SB 54 was not an obstacle to the federal government’s goals because “[s]tanding 

aside does not equate to standing in the way.” United States v. California, 314 F. Supp. 3d 1077, 

1104-05 (E.D. Cal. 2018), appeal docketed, No. 18-16496 (9th Cir. Aug. 9, 2018). The court 

found the constitutionality of § 1373 “highly suspect,” id. at 1101, and “that a Congressional 

mandate prohibiting states from restricting their law enforcement agencies’ involvement in 

immigration enforcement activities—apart from, perhaps a narrowly drawn information sharing 

provision—would likely violate the Tenth Amendment . . . . If Congress lacks the authority to 

direct state action in this manner, then preemption cannot and should not be used to achieve the 

same result.” Id. at 1109. The court further dismissed the United States’ claim against the Values 

Act without leave to amend. Order re: State of California’s Mot. to Dismiss, United States v. 

California, No. 18-cv-490, ECF No. 197 at 5, 7 (E.D. Cal. July 9, 2018).

70. Two other federal courts, when considering challenges to the FY 2017 § 1373 JAG 

Requirement, declared § 1373 unconstitutional on its face, holding that the statute therefore 

cannot be an “applicable Federal law” for JAG funding. Chicago, 321 F. Supp. 3d at 868-73; 

Philadelphia, 309 F. Supp. 3d at 329-31. Recently, this Court likewise determined that § 1373 is 

unconstitutional on its face, and ordered Defendants to issue FY 2017 JAG awards to the BSCC 

and all California political subdivisions that applied for JAG. MSJ Order, Becerra I, ECF No. 

137, slip op. at 23-30. This court also found the § 1373 Requirement to violate the separation of 

powers, id. at 30-32, the Spending Clause for being insufficiently related to the purpose of JAG 

and ambiguous in light of Defendants’ “evolving interpretations of the [§ 1373] condition,” id. at 

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32-41, and arbitrary and capricious in violation of the Administrative and Procedure Act. Id. at 

41-48.

B. The Addition of the Access and Notification Requirements to JAG Funding 

71. In addition to the requirement that jurisdictions certify compliance with § 1373, for 

the first time in FY 2017, OJP announced two substantive “special conditions” related to federal 

immigration enforcement. To receive a JAG award, Defendants sought to require jurisdictions to: 

x permit personnel of DHS to access any correctional or detention facility in order to meet 

with an “alien” (or an individual believed to be an “alien”) and inquire as to his or her 

right to be or remain in the United States (the “Access Condition”); and 

x provide at least 48 hours’ advance notice to DHS regarding the scheduled release date and 

time of an “alien” in the jurisdiction’s custody when DHS requests such notice in order to 

take custody of the individual pursuant to the INA (the “Notification Condition”). 

Defendants later identified what the final award conditions would consist of in court filings, 

which confirmed the imposition of the Access and Notification Conditions for FY 2017 JAG 

funding. See, e.g., Becerra I, ECF No. 125-2, ¶ 55(1) (July 31, 2018). 

72. Paragraph 56 of the represented final conditions sough to impose similar obligations 

on local government recipients and subrecipients. According to the condition, recipients that 

disburse funding to subrecipients must “monitor[] subrecipient compliance with the requirements 

of this condition.” Id. ¶ 55(2).

73. This Court concluded that the Access and Notifications Conditions, as well as the FY 

2017 § 1373 Requirement, violate the separation of powers, the Spending Clause, and the 

Administrative Procedure Act. MSJ Order, Becerra I, ECF No. 137, slip op. at 17-23, 30-48.

Three other federal district courts have determined that the Access and Notification Conditions 

are unconstitutional because USDOJ exceeded its statutory authority in imposing them. Order 

Granting Pl.’s Appl. for Prelim. Inj., Los Angeles (Sept. 13, 2018) ECF No. 93, slip op. at 2-4; 

Chicago, 321 F. Supp. 3d at 874; Philadelphia, 309 F. Supp. 3d at 321. The Seventh Circuit 

affirmed the district court’s decision to preliminarily enjoin the Access and Notification 

Conditions. Chicago, 888 F.3d. at 293 (7th Cir. 2018).

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C. FY 2018 JAG State and Local Solicitations 

74. On July 20, 2018, Defendants released the FY 2018 JAG Solicitations. The chief 

legal officer of the jurisdiction must execute two certifications in order for that jurisdiction to 

receive JAG funding. The first certification is entitled “FY 2018 Certification of Compliance 

with 8 U.S.C. §§ 1373 & 1644.” As with FY 2017, the first certification requires each grant 

recipient’s chief legal officer to sign a standard affidavit, affirming compliance with § 1373 on 

behalf of the State and “any entity, agency, or official” of the State as applicable to the “program 

or activity to be funded.” Ex. A, Appx. B; Ex. B, Appx. B. Unlike last year, applicants must also 

submit an answer to the following questions surrounding the jurisdiction’s “Communication with 

the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement 

(ICE)”:

x Does your jurisdiction have any laws, policies, or practices related to whether, when, or 

how employees may communicate with DHS or ICE? 

x Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law 

that binds a city) that meets the description in question 1? 

x If yes to either: 

o Please provide a copy of each law or policy. 

o Please describe each practice. 

o Please explain how the law, policy, or practice complies with section 1373. 

Ex. A at 27-28; Ex. B at 27-28. A jurisdiction will “not receive award funds (and its award will 

include a condition that withholds funds) until it submits these responses.” Ex. A at 28; Ex. B at 

28.8

75. In this certification, for the first time this year, the chief legal officer must certify 

compliance with 8 U.S.C. § 1644. Ex. A, Appx. B; Ex. B, Appx. B. Section 1644 exists in a 

chapter within the INA for “Restricting Welfare and Public Benefits for Aliens.” Like § 1373, § 

 8

 For purposes of this action, these required responses are part of the Immigration 

Enforcement Requirements that California is challenging. 

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1644 prohibits state and local governments from restricting the “sending to or receiving” from 

immigration authorities “information regarding the immigration status” of “an alien.” 

76. Also, for the first time this year, Defendants require that the chief legal officer 

separately execute a second certification entitled relating to 8 U.S.C. §§ 1226(a) & (c), 

1231(a)(4), 1324(a), 1357(a), & 1366(1) & (3). Ex. A, Appx. C; Ex. B, Appx. C. As of October 

25, 2018, Defendants revised this certification from the one identified in the JAG Solicitations, 

and is now entitled “State or Local Government: FY 2018 Certification Relating to 8 U.S.C. §§ 

1226(a) & (c), 1231(a), 1324(a), 1357(a), & 1366(1) & (3).”9

77. In this second certification, Defendants replace the Access Condition that has been 

struck down by the courts with a requirement that the chief legal officer certify that the 

jurisdiction does not have in effect or is bound to any law, rule, policy, or practice, applicable to 

the “program or activity” to be funded, which “impede the exercise by federal officers of 

authority under 8 U.S.C. § 1357(a).” Ex. A, Appx. C; Ex. B, Appx. C; Ex. D ¶ 6. The 

certification describes § 1357(a) as providing authority to immigration officers to “interrogate any 

alien or person believed to be an alien as to his right to be or to remain in the United States.” Ex. 

A, Appx. C; Ex. B, Appx. C; Ex. D ¶ 2(d). The JAG Solicitations describe the certification as 

“requiring . . . recipients to permit DHS agents to have access to any correctional facility in order 

to meet with an alien (or an individual believed to be an alien) and inquire as to his right to be or 

remain in the United States.” Ex. A at 37; Ex. B at 37.

78. In addition, in this second certification, Defendants replace the Notification Condition 

that has been struck down by the courts with a requirement that the chief legal officer certify that 

the jurisdiction does not have in effect or is bound to any law, rule, policy, or practice, applicable 

to the “program or activity” to be funded, which “impede[s] the exercise by federal officers of 

authority relating to 8 U.S.C. § 1226(a) & (c).” Ex. A, Appx. C; Ex. B, Appx. C; Ex. D ¶ 6. 

Section 1226 directs the U.S. Attorney General to take custody of inadmissible and deportable 

 9

 U.S. Dep’t of Justice, OJP, State or Local Government: FY 2018 Certification Relating 

to 8 U.S.C. §§ 1226(a) & (c), 1231(a), 1324(a), 1357(a), & 1366(1) & (3), 

https://ojp.gov/funding/Explore/pdf/FY18JAG_STATE_VARIOUS_Rev1025.pdf (attached as 

Ex. D).

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persons after they have committed certain offenses or have been sentenced to a term of 

imprisonment. The certification also identifies 8 U.S.C. § 1231(a)(4), which the certification 

represents as limiting the federal government from “remov[ing] an alien who is sentenced to 

imprisonment until the alien is released from imprisonment.” Ex. A, Appx. C; Ex. B, Appx. C; 

Ex. D ¶ 2(b). The JAG Solicitations describe the certification as “requiring . . . recipients to 

provide (where feasible) at least 48 hours’ advance notice to DHS regarding the scheduled release 

date and time of an alien in the recipient’s custody when DHS requests such notice in order to 

take custody of the alien pursuant to the Immigration and Nationality Act.” Ex. A at 37; Ex. B at 

36-37.10

79. That second certification requires that the chief legal officer certify for the first time 

that the jurisdiction does not have in effect or is bound to any law, rule, policy, or practice, 

applicable to the “program or activity” to be funded,” which “impede[s] the exercise by federal 

officers of authority relating to 8 U.S.C. § 1366(1) & (3).” Ex. A, Appx. C; Ex. B, Appx. C; Ex. 

D ¶ 6. The 8 U.S.C. § 1366 certification requirement is not described anywhere else in the JAG 

Solicitations, and Defendants do not explain why they are adding this statute as an “applicable 

law.” The Certification describes § 1366 as “requiring the Attorney General annually to submit 

to Congress ‘a report detailing . . . (1) the number of illegal aliens incarcerated in Federal and 

State prisons for having committed felonies, stating the number incarcerated for each type of 

offense, [and] (3) programs and plans underway in the Department of Justice to ensure the prompt 

removal from the United States of criminal aliens subject to removal.’” Ex. A, Appx. C; Ex. B, 

Appx. C; Ex. D ¶ 2(e).

80. That second certification further requires that the chief legal officer certify that he 

understands that the JAG award requires recipient states and local governments, with respect to 

any “program or activity” funded, “not to publicly disclose federal law enforcement information 

in an attempt to conceal, harbor, or shield certain individuals from detection, whether or not in 

violation of 8 U.S.C. § 1324(a) or other laws.” Ex. D ¶ 3. The certification describes § 1324(a) 

 10 The JAG Solicitations identify “8 U.S.C. § 1266(a) & (c)” on this page, but since that 

law does not exist, and does not appear anywhere else in the Solicitations, California presumes 

that Defendants meant to cite to 8 U.S.C. § 1226 here instead.

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as “forbidding the concealing, harboring, or shielding from detection of aliens illegally in the 

United States.” Id. ¶ 2(c). 

81. Section 1324(a) does not apply to states. The INA defines “person” as an 

“individual” or an “organization.” 8 U.S.C. § 1101(b)(3). A “State” is defined separately in 8 

U.S.C. § 1101(a)(36), and the term “State” is not in any way part of 8 U.S.C. § 1324(a). 

82. The chief executive of the applicant government, identified as the governor for states, 

must execute a separate certification acknowledging that the chief executive examined the 

Certification of Compliance with 8 U.S.C. §§ 1373 & 1644 and the State or Local Government: 

FY 2018 Certification Relating to 8 U.S.C. §§ 1226(a) & (c), 1231(a), 1324(a), 1357(a), & 

1366(1) & (3), and “adopt th[e] certification[s] as my own on behalf of that government.” Ex. A, 

Appx. A; Ex. B, Appx. A. 

83. The JAG State Solicitation provides that “in order to validly accept a fiscal year (FY) 

2018 JAG award, the chief legal officer of the applicant state must properly execute, and the state 

must submit, the specific certifications regarding compliance with certain federal laws attached to 

this solicitation as Appendix B and Appendix C.” Ex. A at 1, 18, 27, 35-36. The same applies to 

local governments. Ex. B at 1, 18, 27, 35. State recipients are required to collect these 

certifications from all subrecipients. Ex. A at 24. 

84. Underneath the FY 2018 JAG Solicitations on the OJP website, there is a link to 

Frequently Asked Questions with respect to the § 1373 Certification.11 These represent that the 

certification “must be signed by the jurisdiction’s chief legal officer, who may not delegate, 

assign, or designate the task to another.”12 The document states that the “State ‘Attorney 

General’ typically will be the title of the chief legal officer.” Id. No. 8. 

85. Defendants have provided no explanation as to how the new Immigration 

Enforcement Requirements are consistent with Congress’s intent in adopting and authorizing 

funds for JAG. 

 11 See Office of Justice Programs, BJA Edward Byrne Memorial Justice Assistance Grant 

Program, https://www.bja.gov/jag/. 12 Bureau of Justice Assistance, Questions & Answers on Specific Requirements related to 

Criminal Alien Law Enforcement for Fiscal Years 2017 and 2018 OJP Grant Programs, Nos. 8 & 

10, https://www.bja.gov/publications/8U.S.C.1373QuestionsandAnswers.pdf.

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86. On August 21, 2018, the BSCC submitted a FY 2018 JAG application. As part of 

that application, the BSCC was required to certify compliance that “the Applicant will comply 

with . . . all federal statutes and regulations applicable to the award” and that it will “require all 

subrecipients to comply with all applicable award requirements and all applicable federal statutes 

and regulations.” OJP informed the BSCC that it had to make that certification at the time of 

application. In a supplemental document submitted with its application, the BSCC stated that it 

would so certify as to any laws that were lawfully identified as applicable laws. But the BSCC 

disavowed the inclusion of the new Immigration Enforcement Requirements, and asserted that it 

was not making any “certifications or assurances about any federal statutes that have been 

selected by the Office of Justice Programs (OJP) as ‘applicable’ to the JAG program and imposed 

unlawfully.” The BSCC continued that it “does not agree to comply with any other unlawfully 

imposed award conditions or requirements.” 

D. Defendants’ Issuance of FY 2018 JAG Awards to Most Jurisdictions in the 

United States, but not California 

87. On or about October 1, 2018 Defendants released FY 2018 JAG awards to state and 

local jurisdictions throughout the United States. Defendants issued JAG awards to 46 states and 

the District of Columbia, American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and 

the Virgin Islands. Defendants also issued 752 JAG awards to local jurisdictions throughout the 

country. However, Plaintiff is not aware of any California state or local jurisdiction that has 

received a FY 2018 JAG Award as of the date of this filing. 

88. The FY 2018 JAG Awards formalize the requirements described in the JAG 

Solicitations. Paragraphs 41-43 describe the §§ 1373 and 1644 Requirements. In addition to 

completing the §§ 1373 and 1644 certifications, the grant recipient for the state must obtain a 

certification of compliance with §§ 1373 and 1644 from any subgrantees before issuing an award.

Ex. C ¶ 42(2). The grant recipient must also monitor each JAG subgrantee’s compliance with the 

§§ 1373 and 1644 Requirements. Id. ¶ 43(1)(D). These requirements are similar to the FY 2017 

JAG § 1373 Requirement that this Court, and other courts throughout the country, found to be 

unconstitutional and unlawful. Compare id. ¶¶ 41-43 with Becerra I, ECF No. 125-2, ¶¶ 52-54 

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(July 31, 2018). And all governmental grant recipients and subrecipients must submit responses 

to the “Information regarding Communications with the Department of Homeland Security 

(DHS) and/or Immigration and Customs Enforcement (ICE)” questions identified in the JAG 

Solicitations. Ex. C ¶ 47.

89. Paragraph 44 of the FY 2018 JAG award describes the § 1324 Requirement, which 

provides:

Consistent with the purposes and objectives of federal law enforcement statutes and 

federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no 

public disclosure may be made of any federal law enforcement information in a direct 

or indirect attempt to conceal, harbor, or shield from detection any fugitive from 

justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in 

the United States in violation of 8 U.S.C. ch. 12 – without regard to whether such 

disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 

1071 or 1072 or of 8 U.S.C. 1324(a). 

Id. ¶ 44(1).

90. Grantees and subgrantees must comply with the § 1324 Requirement with respect to 

the program or activity to be funded. Id. Defendants broadly define “federal law enforcement 

information” within the Requirement to include “records or information complied for any law 

enforcement purpose” from the federal government to a State or local government submitted 

through any means including: “(1) through any database; (2) in connection with any law 

enforcement partnership or task-force; (3) in connection with any request for law enforcement 

assistance or –cooperation; or (4) through any deconfliction (or courtesy) notice of planned, 

imminent, commencing, continuing, or impending federal law enforcement activity.” Id. ¶

44(4)(A)(2). The “public disclosure” prohibited by the Requirement includes any communication 

to a recipient or subrecipient that is not a government agency. Id. ¶ 44(4)(A)(4). 

The § 1324 Requirement does not describe what constitutes “a direct or indirect attempt to 

conceal, harbor, or shield from detection” a non-citizen, making it unclear what conduct the 

Requirement prohibits. 

91. Paragraph 45 describes the FY 2018 Access Requirement, which Defendants claim 

is consistent with 8 U.S.C. § 1357(a) and 8 C.F.R. § 287.5(a). That requirement prohibits any 

recipient or subrecipient State or local governmental entity, agency, or official, with respect to the 

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“program or activity” to be funded, from “interfer[ing]” with immigration authorities “by 

impeding access to any State or local government (or government-contracted correctional facility 

by such agents for the purposes [of] ‘interrogat[ing] any alien or person believed to be an alien as 

to his [or her] right to be or to remain in the United States.’” Ex. C ¶ 45(1). This requirement is 

similar to the FY 2017 JAG Access Condition that this Court, and other courts throughout the 

country, found to be unconstitutional and unlawful. Compare id. ¶ 45 with Becerra I, ECF No. 

125-2, ¶¶ 55-56 (July 31, 2018). This year, Defendants define “impeding” as preventing any state 

or local government from “taking or continuing any action, or implementing or maintaining any 

law, policy, rule, or practice, that- (a) is designed to prevent or to significantly delay or 

complicate, or (b) has the effect of preventing or of significantly delaying or complicating” 

immigration authorities’ access to detention facilities. Id. ¶ 45(4)(A)(3). Although the TRUTH 

Act does not deny immigration authorities’ access to detention facilities, it requires LEAs to 

provide a consent form to an inmate to sign prior to an interview with immigration authorities. 

See Cal. Gov’t Code § 7283.1(a). It is unclear whether Defendants interpret the FY 2018 Access 

Requirement as prohibiting jurisdictions from informing inmates of their rights prior to an ICE 

interview, as required under the TRUTH Act. 

92. Paragraph 46 describes the FY 2018 Notification Requirement, which Defendants 

claim is consistent with 8 U.S.C. §§ 1226, 1231, and 1366. That requirement prohibits any 

recipient or subrecipient State or local governmental entity, agency, or official, with respect to the 

“program or activity” to be funded, from “interfere[ing]” with immigration authorities “by failing 

to provide – as early as practicable (see para. 4.C. below) – advance notice to DHS of the 

scheduled release date and time for a particular alien, if a State or local government (or 

government-contracted) correctional facility receives from DHS a formal written request pursuant 

to the INA that seeks such advance notice.” Ex. C ¶ 46(1). This requirement is similar to the FY 

2017 JAG Notification Condition that this Court, and other courts throughout the country, found 

to be unconstitutional and unlawful. Compare id. ¶ 46 with Becerra I, ECF No. 125-2, ¶¶ 55-56 

(July 31, 2018). The Values Act provides LEA discretion to comply with immigration 

authorities’ notification requests under enumerated circumstances, but does not require the 

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provision of release dates, as Defendants ostensibly seek through this requirement. See Cal.

Gov’t Code § 7284.6(a)(1)(C). 

93. Defendants have updated the certifications to mirror the FY 2018 JAG Award 

requirements. The chief legal officer of the grant recipient’s jurisdiction now must certify the 

following after conducing a “diligent inquiry”: 

As of the date of this certification, neither the jurisdiction nor any entity, agency, or 

official of the jurisdiction has in effect, purports to have in effect, or is subject to or 

bound by, any law, rule, policy, or practice that would apply to the “program or 

activity” to be funded in whole or in part under the FY 2018 OJP Program . . . and 

that would or does – (a) impede the exercise by federal officers of authority under 8 

U.S.C. § 1357(a); or (b) impede the exercise by federal officers of authority relating 

to 8 U.S.C. § 1226(a) or (c), 8 U.S.C. § 1231(a), or 8 U.S.C. § 1366(1) or (3). 

Ex. D ¶ 6. 

94. The FY 2018 JAG Award admonishes recipients that: 

Any materially false, fictitious, or fraudulent statement to the federal government 

related to the award (or concealment or omission of a material fact) may be the subject 

of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 

U.S.C. 10271-10273), and also may lead to imposition of civil penalties and 

administrative remedies for false claims or otherwise (including those under 31 U.S.C. 

3729-3730 and 3801-3812). 

Ex. C ¶ 1.

V. THE IMMIGRATION ENFORCEMENT REQUIREMENTS ARE UNCONSTITUTIONAL AND 

UNLAWFUL

95. JAG’s authorizing statute provides no authority for OJP to impose the Immigration 

Enforcement Requirements. Interpreting OJP’s authority to permit it to impose these substantive 

conditions with respect to formula grants, like JAG, beyond what is allowed under federal law 

conflicts with congressional intent in establishing a prescribed formula grant structure. Congress 

designed JAG so that “each State” receives an allocation according to a precise statutory formula. 

34 U.S.C. § 10156(a) (emphasis added). Likewise, Congress’s formula provides allocation to 

“each unit of local government.” Id. § 10156(d)(2) (emphasis added). As such, if USDOJ makes 

grants from funds that Congress appropriated to JAG, OJP must disburse the funds according to 

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the statutory formula enacted by Congress so long as the jurisdiction complies with the conditions 

that exist in federal law. 

96. The Immigration Enforcement Requirements are also contrary to congressional intent 

as immigration enforcement has never been a purpose area for JAG funding, and Congress has 

repeatedly rejected numerous attempts to attach immigration enforcement requirements to receipt 

of JAG funding. 

97. Defendants claim that all of the statutes identified in the certification are “applicable 

Federal laws” that applicants must comply with under 34 U.S.C. § 10153(a)(5) in the JAG 

authorizing statute. See Ex. A at 10; Ex. B. at 10. The JAG authorizing statute does not permit 

Defendants to add these statutes as “applicable Federal laws.” 

98. 8 U.S.C. §§ 1373 and 1644 cannot be “applicable Federal laws” because they are 

unconstitutional under the Tenth Amendment’s anti-commandeering doctrine, and thus, 

Defendants lack the statutory authority to identify those statutes as “applicable laws.” 

99. 8 U.S.C. §§ 1226, 1231, 1357, and 1366 are not “applicable Federal laws” as they are 

not laws that are applicable to applicant state and local jurisdictions. These laws only impose 

obligations on the federal government. In addition, 8 U.S.C. § 1324 only applies to individuals 

and organizations, not to state and local jurisdictions. 

100. None of the federal laws identified in the certifications are “applicable” because the 

term “other applicable Federal laws” is best understood as referring to laws that are expressly 

connected to federal grant-making. Prior to 2016, the only laws that USDOJ identified as 

“applicable” were those that specifically address the administration of federal funding in the text 

of the statute. There is no provision in the INA, or any federal law, that requires jurisdictions to 

assist with otherwise voluntary immigration enforcement related activities in order to receive 

these federal funds.

101. Defendants exceed their statutory authority by adding Immigration Enforcement 

Requirements as purported “applicable Federal laws” that cannot be constitutionally applied to 

California’s laws under the anti-commandeering doctrine. Defendants exceed their statutory 

authority by interpreting statutes such as 8 U.S.C. §§ 1226, 1231, and 1357, as requiring state and 

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local jurisdictions to comply with notification requests or allowing immigration authorities access 

to detention facilities, although those statutes impose no requirements on state and local 

jurisdictions.

102. Defendants also cannot rely on OJP’s authority to add “special conditions on all 

grants,” 34 U.S.C. § 10102(a)(6), as a basis for adding the Immigration Enforcement 

Requirements. In 2006, when this provision was amended to create its current language, the term 

“special conditions” had a precise meaning. According to a USDOJ regulation in place at the 

time, the agency could impose “special grant or subgrant conditions” on “high-risk grantees” if 

the grant applicant: (a) had a history of poor performance; (b) was not financially stable; (c) had a 

management system that did not meet certain federal standards; (d) had not conformed to the 

terms and conditions of a previous grant award; or (e) was not otherwise responsible. 28 C.F.R. § 

66.12 (removed December 25, 2014). 

103. These Immigration Enforcement Requirements are further undercut by 34 U.S.C. § 

10228(a), which is codified in the same chapter as the JAG authorizing statute, and prohibits the 

use of federal law enforcement grants to exercise “any direction, supervision, or control over any 

police force or any other criminal justice agency of any State or any political subdivision 

thereof.”

VI. THE IMPOSITION OF THE IMMIGRATION ENFORCEMENT REQUIREMENTS CREATES 

IRREPARABLE HARM TO THE STATE AND ITS LOCAL JURISDICTIONS

104. The Immigration Enforcement Requirements mean that the State and its local 

jurisdictions will have to decide whether they can or should accept federal funds for their law 

enforcement agencies that are subject to unlawful and unconstitutional requirements. If the State 

and its local jurisdictions cannot accept the awards, or if Defendants withhold funding from the 

State on the basis of these requirements, the State will lose $28.9 million in critical funds that 

would otherwise go toward programs throughout the State that reduce recidivism for at-risk 

youth, counter the distribution of illegal drugs, advance community policing, and improve 

educational outcomes. 

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105. It is likely that in order for the State and many of its localities to accept the funding, 

they will have to change their public safety oriented laws and policies in order to ensure they are 

viewed as complying with the Immigration Enforcement Requirements and Defendants’ 

erroneous view of § 1373. Abandoning these policies that law enforcement has found to be 

effective in their communities would divert resources away from fighting crime and erode trust 

between the State and local governments and their immigrant communities that the TRUST, 

TRUTH, and Values Acts, as well as local ordinances, are intended to build.

106. California and its local jurisdictions must make their decision about whether to accept 

these law enforcement funds under the shadow of the federal government’s actions that they have 

already taken and threats they have made against California on the basis of the State’s laws. In 

addition to suing the State for adopting laws that the United States alleges “impede” immigration 

authorities, after the Values Act went into effect, then-ICE Acting Director Thomas Homan called 

for USDOJ to “charge” elected officials for jurisdictions with policies like California for violating 

8 U.S.C. § 1324(a) if they do not meet the Administration’s immigration enforcement demands.13

The DHS Secretary Kirstjen Nielsen later confirmed in congressional testimony that USDOJ was 

“reviewing” ways to charge state and local official as Acting Director Homan suggested. By 

trying to make § 1324(a) an “applicable Federal law” through the Immigration Enforcement 

Requirements, and imposing the § 1324 Requirement as a condition for funding, Defendants are 

unlawfully attempting to force elected officials to make representations, under the threat of 

criminal prosecutions, about that federal statute. 

107. The State should not be faced with this Hobson’s Choice of agreeing to these 

unconstitutional Immigration Enforcement Requirements and facing a certain enforcement action, 

or not agreeing to these Requirements and losing critical public safety dollars to the detriment of 

the State’s communities. Defendants’ scheme undermines public safety, is unconstitutional, and 

should be halted. 

 13 Fox News Interview with Thomas Homan, Acting ICE director: California made a 

foolish decision (Jan. 2, 2018), http://www.foxnews.com/transcript/2018/01/02/acting-icedirector-california-made-foolish-decision.html.

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

FIRST CLAIM FOR RELIEF

VIOLATION OF CONSTITUTIONAL SEPARATION OF POWERS 

108. Plaintiff incorporates the allegations of the preceding paragraphs by reference. 

109. Article I, Section I of the United States Constitution enumerates that “[a]ll legislative 

Powers herein granted shall be vested in [the] Congress.” 

110. Article I, Section VIII of the United States Constitution vests exclusively in Congress 

the spending power to “provide for . . . the General Welfare of the United States.” 

111. Defendants have exceeded congressional authority by adding substantive Immigration 

Enforcement Requirements that are not conferred by the JAG authorizing statute or any other 

federal law. See 34 U.S.C. §§ 10151-58. The Immigration Enforcement Requirements therefore 

unlawfully exceed the Executive Branch’s powers and intrude upon the powers of Congress. 

112. For the reasons stated herein, the Immigration Enforcement Requirements are 

unlawful, unconstitutional, and should be set aside under 28 U.S.C. § 2201. Additionally, 

Plaintiff is entitled to a writ of mandamus under 28 U.S.C. § 1361 to compel Defendants to issue 

California’s FY 2018 JAG award without the Immigration Enforcement Requirements, and 

disbursal of California’s FY 2018 JAG funds, in accordance with the formula in the JAG 

authorizing statute.

SECOND CLAIM FOR RELIEF 

ULTRA VIRES

113. Plaintiff incorporates the allegations of the preceding paragraphs by reference. 

114. An agency acts ultra vires when it exceeds its statutory authority conferred by 

Congress.

115. None of the identified laws in the Immigration Enforcement Requirements are 

“applicable Federal laws” within the meaning of the JAG authorizing statute because they do not 

govern by their express terms the administration of federal funding. 

116. Additionally, 8 U.S.C. §§ 1226, 1231, 1324, 1357, and 1366 cannot be applicable 

laws for applicants to JAG funding because these laws impose no obligations on state and local 

jurisdictions. 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

117. Alternatively, even if these statutes were deemed to be “applicable Federal laws,” 

Defendants exceed their authority under the JAG authorizing statute by imposing requirements on 

state and local governments that are not found in these federal statutes. For example, Defendants 

seek to “require[] . . . recipients to provide (where feasible) at least 48 hours’ notice to DHS 

regarding the scheduled release date and time of an alien in the recipient’s custody when DHS 

requests such notice in order to take custody of the alien pursuant to the Immigration and 

Nationality Act,” although there is no such requirement in federal law. Similarly, Defendants 

“requir[e] . . . recipients to permit DHS agents to have access to any correctional facility in order 

to meet with an alien (or an individual believed to be an alien) and inquire as to his right to be or 

remain in the United States,” which again is not a requirement that exists in federal law. 

118. Furthermore, Defendants have identified no separate statutory authority that would 

justify imposing the Immigration Enforcement Requirements. 

119. For the reasons stated herein, the Immigration Enforcement Requirements are ultra 

vires, and should be set aside under 28 U.S.C. § 2201. Additionally, Plaintiff is entitled to a writ 

of mandamus under 28 U.S.C. § 1361 to compel Defendants to issue California’s FY 2018 JAG 

award without the Immigration Enforcement Requirements, and disbursal of California’s FY 

2018 JAG funds, in accordance with the formula in the JAG authorizing statute. 

THIRD CLAIM FOR RELIEF 

ULTRA VIRES/ANTI-COMMANDEERING 

(The §§ 1226, 1231, 1357, 1366, 1373, and 1644 Immigration Enforcement Requirements 

Cannot be Constitutionally Applied to California’s Laws under the Tenth Amendment of 

the U.S. Constitution) 

120. Plaintiff incorporates the allegations of the preceding paragraphs by reference. 

121. Defendants’ basis for adding the Immigration Enforcement Requirements are that 

they are premised on being “applicable Federal laws.” If the laws identified in the Immigration 

Enforcement Requirements are “applicable Federal laws,” then the breadth of what Congress 

permitted Defendants to condition funding on is confined to what the “applicable laws” require or 

prohibit, as limited by the Tenth Amendment, and nothing more. 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

122. The Tenth Amendment prohibits the federal government from requiring states and 

localities “to govern according to Congress’s instructions,” New York v. United States, 505 U.S. 

144, 162 (1992), or “command[ing] the State’s officers . . . to administer or enforce a federal 

regulatory program.” Printz v. United States, 521 U.S. 898, 935 (1997). Specifically, where the 

“whole object” of a provision of a federal statute is to “direct the functioning” of state and local 

governments, that provision is unconstitutional. Id. at 932. 

123. The Tenth Amendment guarantees that states have a “legitimate choice” to “decline 

to administer the federal program.” New York, 505 U.S. at 177, 185. Prohibitions that 

“unequivocally dictate[] what a state legislature may and may not do” violate the anticommandeering doctrine as much as affirmative commands. Murphy v. NCAA, 138 S. Ct. 1461, 

1478 (2018). 

124. Two of the laws that are part of the Immigration Enforcement Requirements, 8 U.S.C. 

§§ 1373 and 1644, violate the Tenth Amendment on their face or as applied under Defendants’ 

interpretation of them. Therefore, those laws are invalid and cannot be identified as “applicable 

Federal laws.” See Chicago, 2018 WL 3608564, at 7-11; Philadelphia, 309 F. Supp. 3d at 329-

31.

125. In United States v. California, the United States has already made clear its view that 

the Values and TRUST Acts “impede” immigration authorities, which would run afoul of the 

Immigration Enforcement Requirements. As was found in that case, an interpretation of federal 

law that “prohibit[s] states from restricting their law enforcement agencies’ involvement in 

immigration activities—apart from, perhaps, a narrowly drawn information sharing provision—

would likely violate the Tenth Amendment.” California, 314 F. Supp. 3d at 1109. 

126. Pursuant to 28 U.S.C. § 2201, Plaintiff is entitled to a declaration that Defendants do 

not possess the statutory authority to apply the §§ 1226, 1231, 1357, 1366, 1373, and 1644 

Immigration Enforcement Requirements as to the TRUST, TRUTH, and Values Acts, as to do so, 

Defendants would be applying federal law in a manner that violates the Tenth Amendment of the 

Constitution. Defendants’ statutory authority to use funding conditions to commandeer the State 

is also limited by 34 U.S.C. § 10228(a), which prohibits the use of federal law enforcement grants 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

to exercise “any direction, supervision, or control over any police force or any other criminal 

justice agency.” 

127. For the reasons stated herein, the §§ 1226, 1231, 1357, 1366, 1373, and 1644 

Immigration Enforcement Requirements in the JAG Solicitations are ultra vires, and should be set 

aside, or alternatively, should be set aside as to California and its local jurisdictions. 

Additionally, Plaintiff is entitled to a writ of mandamus under 28 U.S.C. § 1361 to compel 

Defendants to issue California’s FY 2018 JAG award without the Immigration Enforcement 

Requirements, and disbursal of California’s FY 2018 JAG funds, in accordance with the formula 

in the JAG authorizing statute.

FOURTH CLAIM FOR RELIEF 

SPENDING CLAUSE 

128. Plaintiff incorporates the allegations of the preceding paragraphs by reference. 

129. Congress’ spending power is not unlimited. When “Congress desires to condition the 

States’ receipt of federal funds,” it must do so (a) “unambiguously . . ., enabl[ing] the States to 

exercise their choice knowingly, cognizant of the consequences of their participation;” and (b) by 

placing conditions that are related “to the federal interest in particular national projects or 

programs.” South Dakota v. Dole, 483 U.S. 203, 207 (1987) (citation omitted). 

130. To the extent that Congress delegated its authority to impose conditions on JAG 

funding (which Plaintiff does not concede), the Immigration Enforcement Requirements violate 

the Spending Clause of the U.S. Constitution. The Immigration Enforcement Requirements are 

unrelated to the “federal interest in particular national projects or programs” for which Congress 

intended JAG funding to be used. 

131. The Immigration Enforcement Requirements also violate the Spending Clause 

because they are ambiguous and do not provide the State and local jurisdictions with notice to 

make a “choice knowingly” of whether to comply. 

132. For the reasons stated herein, the Immigration Enforcement Requirements are 

unlawful, and should be set aside under 28 U.S.C. § 2201. Additionally, Plaintiff is entitled to a 

writ of mandamus under 28 U.S.C. § 1361 to compel Defendants to issue California’s FY 2018 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

JAG award without the Immigration Enforcement Requirements, and disbursal of California’s FY 

2018 JAG funds, in accordance with the formula in the JAG authorizing statute.

FIFTH CLAIM FOR RELIEF 

VIOLATION OF ADMINISTRATIVE PROCEDURE ACT 

(Constitutional Violations and Excess of Statutory Authority) 

133. Plaintiff incorporates the allegations of the preceding paragraphs by reference. 

134. Defendant USDOJ is an “agency” under the APA, 5 U.S.C. § 551(1), and the 

imposition of the Immigration Enforcement Requirements is an “agency action” under the APA, 

id. § 551(13). 

135. The imposition of the Immigration Enforcement Requirements constitutes an 

“[a]gency action made reviewable by statute and final agency action for which there is no other 

adequate remedy in a court.” Id. § 704. 

136. The APA requires that a court “hold unlawful and set aside agency action, findings, 

and conclusions found to be . . . contrary to constitutional right, power, privilege, or immunity,” 

or “in excess of statutory jurisdiction, authority, or limitations, or short of statutory right.” Id. §

706(2)(B)-(C).

137. Defendants’ imposition of the Immigration Enforcement Requirements is 

unconstitutional because Defendants overstepped their powers by exercising lawmaking authority 

that is solely reserved to Congress under Article I, Section I of the U.S. Constitution. Also, 

Defendants’ imposition of the Immigration Enforcement Requirements was ultra vires in excess 

of their statutory authority. Furthermore, the Immigration Enforcement Requirements violate the 

Spending Clause because they are unrelated to the federal purpose of the grant and/or are 

ambiguous. 

138. Because Defendants acted unconstitutionally and in excess of their statutory authority 

in the imposition of the Immigration Enforcement Requirements, these actions are unlawful and 

should be set aside under 5 U.S.C. § 706. Additionally, Plaintiff is entitled to a writ of mandamus 

under 28 U.S.C. § 1361 to compel Defendants to issue California’s FY 2018 JAG award without 

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the Immigration Enforcement Requirements, and disbursal of California’s FY 2018 JAG funds, in 

accordance with the formula in the JAG authorizing statute. 

SIXTH CLAIM FOR RELIEF 

VIOLATION OF ADMINISTRATIVE PROCEDURE ACT 

(Arbitrary and Capricious) 

139. Plaintiff incorporates the allegations of the preceding paragraphs by reference. 

140. Defendant USDOJ is an “agency” under the APA, 5 U.S.C. § 551(1), and the 

imposition of the Immigration Enforcement Requirements is an “agency action” under the APA, 

id. § 551(13). 

141. The imposition of the Immigration Enforcement Requirements constitutes an 

“[a]gency action made reviewable by statute and final agency action for which there is no other 

adequate remedy in a court.” Id. § 704. 

142. The APA requires that a court “hold unlawful and set aside agency action, findings, 

and conclusions found to be . . . arbitrary, capricious, an abuse of discretion, or otherwise not in 

accordance with law.” Id. § 706(2)(A). 

143. The imposition of the Immigration Enforcement Requirements is arbitrary and 

capricious and an abuse of discretion because Defendants have relied on factors that Congress did 

not intend, failed to consider an important aspect of the program the agency is addressing, and has 

offered no explanation for adding the Immigration Enforcement Requirements that is consistent 

with the evidence that is before the agency. See Motor Vehicle Mfrs. Ass’n of the U.S. v. State 

Farm Mut. Auto Ins. Co., 463 U.S. 29, 43 (1983). 

144. For the reasons discussed herein, the Immigration Enforcement Requirements are 

unlawful and should be set aside under 5 U.S.C. § 706 for being arbitrary and capricious and an 

abuse of discretion. Additionally, Plaintiff is entitled to a writ of mandamus under 28 U.S.C. § 

1361 to compel Defendants to issue California’s FY 2018 JAG award without the Immigration 

Enforcement Requirements, and disbursal of California’s FY 2018 JAG funds, in accordance with 

the formula in the JAG authorizing statute. 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff, the State of California, respectfully requests that this Court enter 

judgment in its favor, and grant the following relief: 

1. Issue a declaration that the Immigration Enforcement Requirements are 

unconstitutional and/or unlawful because: (a) they violate the separation of powers; (b) they 

exceed congressional authority conferred to the Executive Branch and are ultra vires on their face 

and as applied to the TRUST, TRUTH, and Values Acts; (c) to the extent there is congressional 

authority, they exceed Congress’s spending powers under Article I of the Constitution; and/or (d) 

they violate the Administrative Procedure Act; 

2. Permanently enjoin Defendants from using the Immigration Enforcement 

Requirements; 

3. Permanently enjoin Defendants from withholding and terminating JAG funding, or 

disbarring and making any state entity or local jurisdiction ineligible for JAG funding on account 

of the TRUST, TRUTH, and Values Acts; 

4. Issue a writ of mandamus compelling Defendants to issue California and its political 

subdivisions’ FY 2018 JAG awards without the Immigration Enforcement Requirements, and 

disbursal of California and its political subdivisions’ FY 2018 JAG funds;

5. Award attorney’s fees and costs as appropriate; and 

6. Grant such other relief as the Court may deem just and proper. 

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First Amended Complaint for Declaratory, Injunctive, and Mandamus Relief (18-cv-5169) 

Dated: November 1, 2018 Respectfully Submitted, 

XAVIER BECERRA

Attorney General of California 

MICHAEL NEWMAN

Senior Assistant Attorney General 

SARAH E. BELTON

Supervising Deputy Attorney General 

CHEROKEE DM MELTON

/s/ Lee I. Sherman 

LEE I. SHERMAN

Deputy Attorneys General 

Attorneys for Plaintiff 

State of California 

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Attorneys for Plaintiff 

State of California 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 118 of 311 Case 3:19-cv-06189 Document 1 Filed 09/30/19 Page 73 of 73
Exhibit 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 119 of 311
U.S. Department of Justice

Office of Justice Programs

Office of the Assistant Attorney General Washington, D.C. 20531

November 16, 2018

Ms. Kathleen T. Howard

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

Dear Ms. Howard:

On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has 

approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - 

State Solicitation in the amount of $18,056,180 for California Board of State and Community Corrections.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and 

financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim 

audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you 

will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative

action as appropriate.

If you have questions regarding this award, please contact:

 - Program Questions, Linda Hill-Franklijn, Program Manager at (202) 514-0712; and

 - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at 

 (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.

Congratulations, and we look forward to working with you.

Sincerely,

Enclosures

Matt Dummermuth

Principal Deputy Assistant Attorney General

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 120 of 311
U.S. Department of Justice

Office of Justice Programs

OFFICE FOR CIVIL RIGHTS

810 7th Street, NW

Washington, DC 20531

Tel: (202) 307-0690

TTY: (202) 307-2027

E-mail: askOCR@usdoj.gov

Website: www.ojp.usdoj.gov/ocr

November 16, 2018

Ms. Kathleen T. Howard

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to 

compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice 

(DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services 

(COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are

available to help you and your organization meet the civil rights requirements that come with DOJ funding.

Ensuring Access to Federally Assisted Programs 

Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, 

religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal 

law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits.

In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence 

Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or 

perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant 

condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently 

asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions 

are available at https://ojp.gov/about/ocr/vawafaqs.htm. 

Enforcing Civil Rights Laws

All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of 

employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that 

are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a 

number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services 

equitably to all segments of their service population and that their employment practices meet equal opportunity standards. 

Dear Ms. Howard:

OCR Letter to All Recipients

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 121 of 311
Providing Services to Limited English Proficiency (LEP) Individuals 

In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial 

assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English 

proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition 

Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information 

on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website 

https://www.lep.gov.

Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion

The DOJ regulation, Partnerships with Faith-Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, 

prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of 

worship, or faith-based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly 

religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non-funded 

explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot 

compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ 

are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a 

religious belief, or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written 

notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded 

faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the 

regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm.

SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as 

amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency

Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 

34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these 

nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-bycase basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the 

statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult 

with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in 

employment.

Using Arrest and Conviction Records in Making Employment Decisions

The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See 

Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity 

Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the 

Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be 

mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion 

may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, 

recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis 

of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below).

Complying with the Safe Streets Act 

An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two 

obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) 

submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 122 of 311
Sincerely,

 Meeting the EEOP Requirement

An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment 

practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of 

DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more 

information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you 

may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at 

EEOPforms@usdoj.gov.

 Meeting the Requirement to Submit Findings of Discrimination

If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, 

color, national origin, religion, or sex, after a due-process hearing, from a state or federal court or from a state or federal administrative 

agency, your organization must send a copy of the finding to the OCR.

Ensuring the Compliance of Subrecipients

SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination 

complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train 

subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of 

Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of 

subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm.

If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial 

assistance, please contact us.

Michael L. Alston

Director

cc: Grant Manager

Financial Analyst

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 123 of 311
Grant

PAGE 1 OF

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

1. RECIPIENT NAME AND ADDRESS (Including Zip Code)

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

8. SUPPLEMENT NUMBER

00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS AWARD

 $ 0

 $ 18,056,180

11. TOTAL AWARD $ 18,056,180

2a. GRANTEE IRS/VENDOR NO.

680282717

2b. GRANTEE DUNS NO.

949095731

3. PROJECT TITLE

2018 JAG Program

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH

ON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITY FOR GRANT

This project is supported under FY18(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including 

subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 

14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 

16.738 - Edward Byrne Memorial Justice Assistance Grant Program

15. METHOD OF PAYMENT

GPRS

AGENCY APPROVAL

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE ACCEPTANCE

Matt Dummermuth

Principal Deputy Assistant Attorney General

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21.

FISCAL

YEAR

FUND

CODE

BUD.

ACT. OFC.

DIV.

REG. SUB. POMS AMOUNT

X 80 00 00 18056180 B DJ

TDJUGT1117

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Kathleen T. Howard

Executive Director

4. AWARD NUMBER: 2018-DJ-BX-0744

5. PROJECT PERIOD: FROM

BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION

Initial

11/16/2018

TO

TO

10/01/2017

10/01/2017

09/30/2021

09/30/2021

OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE

23

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Grant

PAGE 2 OF

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

PROJECT NUMBER 2018-DJ-BX-0744 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

Requirements of the award; remedies for non-compliance or for materially false statements

The conditions of this award are material requirements of the award. Compliance with any certifications or assurances 

submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material 

requirement of this award.

Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a 

condition incorporated by reference below, or a certification or assurance related to conduct during the award period --

may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the 

award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.

The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment 

or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,

and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false

claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision 

shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be 

held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this

award.

Applicability of Part 200 Uniform Requirements

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted 

and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 

2018 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award 

supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before 

December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number 

(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that 

are obligated on or after the acceptance date of this FY 2018 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards

("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at 

any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 

425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at 

any tier) must provide access, include performance measurement information, in addition to the financial records, 

supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP 

that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the 

recipient is to contact OJP promptly for clarification.

1.

2.

OJP FORM 4000/2 (REV. 4-88)

23

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Grant

PAGE 3 OF

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

PROJECT NUMBER 2018-DJ-BX-0744 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

Compliance with DOJ Grants Financial Guide

References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website 

(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any 

updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ 

Grants Financial Guide.

Reclassification of various statutory provisions to a new Title 34 of the United States Code

On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially 

reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a 

number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including 

many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been 

reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to 

Title 34. This rule of construction specifically includes references set out in award conditions, references set out in 

material incorporated by reference through award conditions, and references set out in other award requirements.

Required training for Point of Contact and all Financial Points of Contact

Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully 

completed an "OJP financial management and grant administration training" by 120 days after the date of the 

recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy 

this condition.

In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or 

FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 

calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new 

POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful 

completion of such a training on or after January 1, 2016, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for 

purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition 

include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to 

comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate 

conditions on this award.

Requirements related to "de minimis" indirect cost rate

A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" 

indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise

OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 

Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined 

by the Part 200 Uniform Requirements.

3.

4.

5.

6.

OJP FORM 4000/2 (REV. 4-88)

23

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AWARD CONTINUATION

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PAGE 4 OF

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

PROJECT NUMBER 2018-DJ-BX-0744 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

Requirement to report potentially duplicative funding

If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal 

funds during the period of performance for this award, the recipient promptly must determine whether funds from any 

of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the 

identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ 

awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ 

awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to 

eliminate any inappropriate duplication of funding.

Requirements related to System for Award Management and Universal Identifier Requirements

The recipient must comply with applicable requirements regarding the System for Award Management (SAM), 

currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, 

as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients 

(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the 

recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site 

at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal 

Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to

any business or non-profit organization that he or she may own or operate in his or her name).

Requirement to report actual or imminent breach of personally identifiable information (PII)

The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an 

actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, 

maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the 

scope of an OJP grant-funded program or activity, or 2) uses or operates a "Federal information system" (OMB 

Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of 

PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an 

imminent breach.

All subawards ("subgrants") must have specific federal authorization

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for 

authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants 

administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement 

"contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at 

https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have 

specific federal authorization), and are incorporated by reference here.

7.

8.

9.

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SPECIAL CONDITIONS

Specific post-award approval required to use a noncompetitive approach in any procurement contract that would 

exceed $150,000

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain 

specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the 

Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of 

federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider 

a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under 

an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm 

(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract 

(if contract would exceed $150,000)), and are incorporated by reference here.

Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and 

OJP authority to terminate award)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including 

requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the 

part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" 

of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the 

OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited 

conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP 

authority to terminate award)), and are incorporated by reference here.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and 

other events

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, 

policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where 

applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), 

including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ 

Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award

The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. 

The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program 

solicitation or other applicable written guidance. Data collection supports compliance with the Government 

Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

OJP Training Guiding Principles

Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or 

delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, 

available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.

11.

12.

13.

14.

15.

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Effect of failure to address audit issues

The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold 

award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient 

does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform 

Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, 

investigations, or reviews of DOJ awards.

Potential imposition of additional requirements

The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency 

(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an 

equal employment opportunity program.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and

prospective program beneficiaries.

Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of 

religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice.

Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that 

engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and 

subrecipients that are faith-based or religious organizations.

The text of the regulation, now entitled "Partnerships with Faith-Based and Other Neighborhood Organizations," is 

available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgibin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" 

data.

16.

17.

18.

19.

20.

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SPECIAL CONDITIONS

Restrictions on "lobbying"

In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any 

subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, 

modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There 

may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be 

barred by law.)

Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any 

subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of 

Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or 

cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, 

or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that 

applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might

fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the

express prior written approval of OJP.

Compliance with general appropriations-law restrictions on the use of federal funds (FY 2018)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of

federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general 

provisions" in the Consolidated Appropriations Act, 2018, are set out at 

https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might 

fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not 

proceed without the express prior written approval of OJP.

Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct

The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General 

(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person 

has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) 

committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar 

misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the 

OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 

1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact 

information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

21.

22.

23.

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SPECIAL CONDITIONS

Restrictions and certifications regarding non-disclosure agreements and related matters

No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or 

subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality 

agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in 

accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal 

department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene 

requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to 

sensitive compartmented information), or any other form issued by a federal department or agency governing the 

nondisclosure of classified information.

1. In accepting this award, the recipient--

a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees 

or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or 

contractors from reporting waste, fraud, or abuse as described above; and

b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute 

agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, 

or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt 

written notification to the federal agency making this award, and will resume (or permit resumption of) such 

obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or 

both--

a. it represents that--

(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds 

(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either 

requires or has required internal confidentiality agreements or statements from employees or contractors that currently 

prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,

fraud, or abuse as described above; and

(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and

b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds 

under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit 

or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will 

immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to 

the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly 

authorized to do so by that agency.

24.

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SPECIAL CONDITIONS

Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)

The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 

U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an 

employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a 

gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public 

health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of 

employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to 

contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Encouragement of policies to ban text messaging while driving

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 

51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies 

banning employees from text messaging while driving any vehicle during the course of performing work funded by this

award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease 

crashes caused by distracted drivers.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time 

during the course of the period of performance under this award, the recipient must disclose that fact and certain related

information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk 

includes any status under which a federal awarding agency provides additional oversight due to the recipient's past 

performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include 

the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient 

was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and 

email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

Cooperating with OJP Monitoring

The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and 

procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial 

Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The 

recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including 

documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable 

deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may

result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other 

restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the 

recipient as a DOJ High Risk grantee; or termination of an award(s).

25.

26.

27.

28.

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SPECIAL CONDITIONS

FFATA reporting: Subawards and executive compensation

The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or 

more and, in certain circumstances, to report the names and total compensation of the five most highly compensated 

executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient

obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted

on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and 

Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an 

award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit 

organization that he or she may own or operate in his or her name).

Required monitoring of subawards

The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award 

conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any 

subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of 

specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon

request, documentation of its policies and procedures for monitoring of subawards under this award.

Use of program income

Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of 

the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly

Federal Financial Report, SF 425.

Justice Information Sharing

Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing 

Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards 

Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. 

The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe 

compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed 

justification for why an alternative approach is recommended.

Avoidance of duplication of networks

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information

sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent 

possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can 

demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the 

functionality of an existing or proposed IT system.

Compliance with 28 C.F.R. Part 23

With respect to any information technology system funded or supported by funds under this award, the recipient (and 

any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if 

OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at 

its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the 

recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

29.

30.

31.

32.

33.

34.

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SPECIAL CONDITIONS

Protection of human research subjects 

The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP 

policies and procedures regarding the protection of human research subjects, including obtainment of Institutional 

Review Board approval, if appropriate, and subject informed consent.

Confidentiality of data

The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 

and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further 

agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 

C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

Verification and updating of recipient contact information

The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized 

Representative contact information in GMS, including telephone number and e-mail address. If any information is 

incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System 

(GMS) to document changes.

Law enforcement task forces - required training

Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds 

who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, 

must complete required online (internet-based) task force training. Additionally, all future task force members must 

complete this training once during the period of performance for this award, or once every four years if multiple OJP 

awards include this requirement. 

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and 

Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including 

privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and

accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force 

personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force 

Integrity and Leadership (www.ctfli.org).

Justification of consultant rate

Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed 

justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such 

funds.

35.

36.

37.

38.

39.

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Submission of eligible records relevant to the National Instant Background Check System

Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 

U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific

project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, 

information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant 

Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records 

systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or 

State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court 

dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS 

are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and 

accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICSrelevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent 

monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any 

such evidence in any express written determination regarding this condition.

Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid 

award acceptance by a "State"

In order validly to accept this award, the prospective recipient must submit the required "State or Local Government: 

FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the State).

Unless that executed certification either-- (1) is submitted to OJP together with the fully-executed award document, or

(2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by 

a State that purports to accept the award is invalid.

If an initial award-acceptance submission by the recipient is invalid, once the State does submit the necessary 

certification regarding 8 U.S.C. 1373 and 1644, the State may submit a fully-executed award document executed by 

the State on or after the date of that certification.

40.

41.

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Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; 

ongoing compliance

1. With respect to the "program or activity" funded in whole or part under this award (including any such program or 

activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -

agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or 

receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government

entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration

status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an 

"information-communication restriction" under this award.

2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a 

"public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 

1644, properly executed by the chief legal officer of the government or educational institution that would receive the 

subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.

Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local 

government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 

U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive 

the further subaward, using the appropriate OJP form.

3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of 

this condition.

4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the 

extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a 

local government, or a public institution of higher education, incurs to implement this condition.

5. Rules of Construction

A. For purposes of this condition:

(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher 

education or any Indian tribe.

(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or

in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," 

and its officials to be "government officials.")

(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 

U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.

(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of 

Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as 

references to particular components of the Department of Homeland Security (DHS).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any 

State or local government, any public institution of higher education, or any other entity (or individual) to violate any 

federal law, including any applicable civil rights or nondiscrimination law.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before 

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award acceptance.

Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal 

law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient

(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is 

funded in whole or in part with award funds is subject to any "information-communication restriction."

B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to 

reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient 

at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in 

whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation 

by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient 

(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the 

award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 

U.S.C. 1373 and 1644 and ongoing compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance 

with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the 

recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher 

education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a 

subrecipient that is a State, a local government, or a public institution of higher education must require prompt 

notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an 

information-communication restriction.

2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher 

education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program 

or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with 

award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling 

circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and 

transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award 

funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any 

such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent 

monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644

and ongoing compliance" award condition.

4. Rules of Construction

A. For purposes of this condition "information-communication restriction" has the meaning set out in the 

"Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 

1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full.

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Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of 

certain law enforcement sensitive information

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the 

award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its 

provisions must be among those included in any subaward (at any tier).

1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 

U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement 

information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18

U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- 

without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 

1071 or 1072 or of 8 U.S.C. 1324(a).

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction

A. For purposes of this condition--

(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 

1101(a)(3));

(2) the term "federal law enforcement information" means law enforcement sensitive information communicated or 

made available, by the federal government, to a State or local government entity, -agency, or -official, through any 

means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement 

partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) 

through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal 

law enforcement activity;

(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement 

purpose; and

(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to

any subrecipient (at any tier) that is a government entity.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 

'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award 

condition are incorporated by reference as though set forth here in full.

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Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this 

award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for 

the award. Its provisions must be among those included in any subaward (at any tier).

1. Noninterference with statutory law enforcement access to correctional facilities

Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain 

federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien

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 

"anywhere in or outside the United States" -- within the funded program or activity, no State or local government 

entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of

the United States acting under color of federal law) by impeding access to any State or local government (or 

government-contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person 

believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction

A. For purposes of this condition:

(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 

U.S.C. 1101(a)(3)).

(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).

(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, 

or practice, that--

(a) is designed to prevent or to significantly delay or complicate, or

(b) has the effect of preventing or of significantly delaying or complicating.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 

'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award 

condition are incorporated by reference as though set forth here in full.

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Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the 

award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its 

provisions must be among those included in any subaward at any tier.

1. Noninterference with "removal" process: Notice of scheduled release date and time

Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or 

local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" 

remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the 

federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with 

respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take 

into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report 

to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the

prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or 

local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere 

with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to 

DHS of the scheduled release date and time for a particular alien, if a State or local government (or governmentcontracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such 

advance notice.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction

A. For purposes of this condition:

(1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)).

(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any 

State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the

date and time the individual otherwise would have been released.

C. Applicability

(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 

48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the 

scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it 

shall NOT be a violation of this condition to provide only as much advance notice as practicable.

(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be 

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detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for 

detention.

D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 

'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award 

condition are incorporated by reference as though set forth here in full.

Requirement to collect certain information from subrecipients

The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, 

unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as 

"Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and 

Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent 

with regular document retention requirements, and must be made available to DOJ upon request. Responses to these 

questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, 

or a private institution of higher education.

"Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions 

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil 

rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must 

submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") 

for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another 

authorized federal agency), the recipient must make associated documentation available for review. 

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at 

https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of 

Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

Required attendance at BJA-sponsored events

The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance 

events, or conferences held by BJA or its designees, upon BJA's request.

47.

48.

49.

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Compliance with National Environmental Policy Act and related statutes 

Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National 

Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental 

impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. 

Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior 

to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by 

the award, the recipient agrees to contact BJA. 

The recipient understands that this condition applies to new activities as set out below, whether or not they are being 

specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a 

subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition

must first be met. The activities covered by this condition are: 

a. New construction; 

b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including 

properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or 

eligible for listing on the National Register of Historic Places; 

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic 

prior use or (b) significantly change its size; 

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an 

incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or 

education environments; and 

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the 

identification, seizure, or closure of clandestine methamphetamine laboratories. 

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental 

Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and 

agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for 

programs relating to methamphetamine laboratory operations. 

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its 

subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific 

request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental 

assessment of that funded program or activity.

Establishment of trust fund

If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is 

required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal 

awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, 

including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the 

Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award 

funds in the trust fund (including any interest earned) during the period of performance for the award and expend 

within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at 

the time of closeout.

50.

51.

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Prohibition on use of award funds for match under BVP program

JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

Certification of body armor "mandatory wear" policies

The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased 

with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed 

certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stabresistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from 

this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy 

other than it be a mandatory wear policy for all uniformed officers while on duty.

Body armor - compliance with NIJ standards and other requirements

Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat 

level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to 

comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body 

Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, 

ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely 

fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ 

topics/ technology/ body-armor/ pages/ safety-initiative.aspx.

Reporting requirements

The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through 

OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government 

Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that 

measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's 

Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on 

reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required 

JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

Required data on law enforcement agency training

Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly 

accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, deescalation of conflict, and constructive engagement with the public.

Expenditures prohibited without waiver

No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as

set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such

expenditures essential to the maintenance of public safety and good order.

52.

53.

54.

55.

56.

57.

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Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017

The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of 

the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur 

project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a 

minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are 

removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that 

precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the 

condition is removed.)

Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding 

condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse 

itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to

award acceptance or prior to removal of an applicable withholding condition), provided that those project costs 

otherwise are allowable costs under the award.

Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award 

funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of 

the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the 

absence of federal funds, be made available for law enforcement activities.

Use of funds for DNA testing; upload of DNA profiles 

If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded

to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA 

laboratory with access to CODIS.

No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without 

prior express written approval from BJA.

Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may 

be accepted for entry into CODIS.

Three percent set-aside for NIBRS compliance

The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full 

compliance with the FBI’s National Incident-Based Reporting System (NIBRS), unless the FBI has certified that the 

recipient state is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The 

recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be 

supported by this 3 percent set-aside, unless the evidence of NIBRS compliance has been submitted to and approved 

by BJA. (This condition does not apply to awards to the Commonwealth of Puerto Rico, the Northern Mariana Islands, 

the U.S. Virgin Islands, Guam, or American Samoa).

58.

59.

60.

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Encouragement of submission of "success stories"

BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success 

story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If

the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once 

registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an 

option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success 

Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.

Withholding of funds: Required certification from the chief executive of the applicant government

The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required 

"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as 

determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and 

administrative proceedings to SAM and FAPIIS

The recipient must comply with any and all applicable requirements regarding reporting of information on civil, 

criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or 

any other grant, cooperative agreement, or procurement contract from the federal government. Under certain 

circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal 

System for Award Management (known as "SAM"), to the designated federal integrity and performance system 

(currently, "FAPIIS"). 

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, 

criminal, and administrative proceedings to the federal designated integrity and performance system (currently, 

"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: 

Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by 

reference here.

Withholding of funds: NIBRS set-aside

The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews 

and accepts, a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance 

activities or documentation showing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment 

Notice (GAN) has been issued to remove this condition.

61.

62.

63.

64.

OJP FORM 4000/2 (REV. 4-88)

23

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 145 of 311
AWARD CONTINUATION

SHEET

Grant

PAGE 23 OF

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

PROJECT NUMBER 2018-DJ-BX-0744 AWARD DATE 11/16/2018

SPECIAL CONDITIONS

Withholding of funds: Certification with respect to federal taxes

The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program 

manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with 

authority to sign on behalf of the recipient, that the recipient-- (1) has filed all Federal tax returns required for the three

tax years immediately preceding the tax year in which the certification is made; (2) has not been convicted of a criminal

offense under the Internal Revenue Code of 1986; and (3) has not, more than 90 days prior to this certification, been 

notified of any unpaid federal tax assessment for which the liability remains unsatisfied, unless the assessment is the 

subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and

is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding; and until a 

Grant Adjustment Notice (GAN) has been issued to remove this condition. 

The certification must be dated, and must indicate the full name and title of the signer, as well as the full legal name of 

the recipient.

Withholding of funds: Budget narrative or information

The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews 

and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has 

been issued to remove this condition.

Withholding of funds: Disclosure of pending applications

The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager 

for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative 

statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed 

instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any 

supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require 

to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), 

(4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any 

necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and 

(5) a Grant Adjustment Notice has been issued to remove this condition.

SORNA final agency decision - Appeals

The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not substantially 

implement the Sex Offender Registration and Notification Act (Public Law 109-248, "SORNA") before the deadline, 

and understands that, as a result of that final agency decision, the amount of this JAG award was reduced, pursuant to 

34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to file a judicial 

appeal of that final agency decision, which was integral in determining this particular funding amount, no such appeal 

may commence more than 6 months after the date of acceptance of this award.

Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice 

Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice 

(GAN) releasing this special condition.

65.

66.

67.

68.

69.

OJP FORM 4000/2 (REV. 4-88)

23

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 146 of 311
Memorandum To:

From:

Subject:

Washington, D.C. 20531

Orbin Terry, NEPA Coordinator

Incorporates NEPA Compliance in Further Developmental Stages for California 

Board of State and Community Corrections

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to 

support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of

which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA

and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds 

are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of 

the specified activities, the grantee must first determine if any of the specified activities will be funded by the 

grant.

The specified activities requiring environmental analysis are:

a. New construction;

b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, 

including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a 

property listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic

prior use or (b) significantly change its size; 

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as 

an incidental component of a funded activity and (b) traditionally used, for example, in office, household, 

recreational, or education environments; and

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the 

identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental 

Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, 

the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan 

requirements, please see https://www.bja.gov/Funding/nepa.html. 

Please be sure to carefully review the grant conditions on your award document, as it may contain more specific 

information about environmental compliance.

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Official Grant File

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 147 of 311
GRANT MANAGER'S MEMORANDUM, PT. I: 

PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET

2018-DJ-BX-0744

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

5. NAME & ADDRESS OF GRANTEE

Grant

This project is supported under FY18(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including 

subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 

Daryle McDaniel

Field Representative

2590 Venture Oaks Way, Suite 200

2590 Venture Oaks Way, Suite 200

Sacramento, CA 95833-3288

(916) 341-7392

PAGE 1 1 OF

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of 

activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical 

assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the 

following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community 

corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and 

witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs 

and crisis intervention teams.

This State JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or 

Linda Hill-Franklijn

(202) 514-0712

OJP FORM 4000/2 (REV. 4-88)

2018 JAG Program

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

FROM: 10/01/2017 09/30/2021 TO: FROM: 10/01/2017 09/30/2021 TO:

 $ 18,056,180 11/16/2018

3b. POMS CODE (SEE INSTRUCTIONS

 ON REVERSE)

3a. TITLE OF THE PROGRAM

BJA FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - State Solicitation

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 148 of 311
initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice 

information sharing initiatives, or other programs aimed at reducing crime and enhancing public and officer safety.

NCA/NCF

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 149 of 311
Exhibit 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 150 of 311
1 

OMB No. 1121-0329

Approval Expires 11/30/2020

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance 

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice

Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance 

Grant (JAG) Program. This program furthers the Department’s mission by assisting state, local, 

and tribal efforts to prevent or reduce crime and violence. 

Edward Byrne Memorial 

Justice Assistance Grant (JAG) Program

FY 2018 State Solicitation 

Applications Due: August 22, 2018

Eligibility

Only states may apply under this solicitation. By law, for purposes of the JAG Program, the term 

“states” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern 

Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. (Throughout this 

solicitation, each reference to a state or states includes all 56 jurisdictions.) 

A JAG application is not complete, and a state may not access award funds, unless the chief 

executive of the applicant state (e.g., the governor) properly executes, and the state submits, 

the “Certifications and Assurances by the Chief Executive of the Applicant Government”

attached to this solicitation as Appendix A. 

In addition, as discussed further below, in order to validly accept a fiscal year (FY) 2018 JAG 

award, the chief legal officer of the applicant state must properly execute, and the state must 

submit, the specific certifications regarding compliance with certain federal laws attached to this 

solicitation as Appendix B and Appendix C. (The text of the relevant federal laws appears in 

Appendix D.)

The expected allocations by state for the FY 2018 JAG Program can be found at:

https://www.bja.gov/funding/FY18-State-JAG-Web-Allocations.pdf.

All recipients and subrecipients must forgo any profit or management fee.

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 151 of 311
2 

Deadline

Applicants must register in the OJP Grants Management System (GMS) at

https://grants.ojp.usdoj.gov/ prior to submitting an application under this solicitation. All 

applicants must register, even those that previously registered in GMS. Select the “Apply

Online” button associated with the solicitation title. All registrations and applications are due by

5:00 p.m. eastern time on August 22, 2018. 

For additional information, see How to Apply in Section D. Application and Submission 

Information.

Contact Information

For technical assistance with submitting an application, contact the Grants Management 

System Support Hotline at 888–549–9901, option 3, or via email at GMS.HelpDesk@usdoj.gov.

The GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal

holidays.

An applicant that experiences unforeseen GMS technical issues beyond its control that prevent 

it from submitting its application by the deadline must email the National Criminal Justice 

Reference Service (NCJRS) Response Center at grants@ncjrs.gov within 24 hours after the

application deadline in order to request approval to submit its application. Additional

information on reporting technical issues appears under “Experiencing Unforeseen GMS

Technical Issues” in How to Apply in Section D. Application and Submission Information.

For assistance with any other requirement of this solicitation, applicants may contact the 

NCJRS Response Center by telephone at 1–800–851–3420; via TTY at 301–240–6310

(hearing impaired only); by email at grants@ncjrs.gov; by fax to 301–240–5830, or by web chat 

at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of

operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 

8:00 p.m. eastern time on the solicitation close date. Applicants also may contact the 

appropriate BJA State Policy Advisor.

Release date: July , 2018

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 152 of 311
3

Contents

A. Program Description................................................................................................... 5

Overview ......................................................................................................................5

Program-specific Information .......................................................................................5

Permissible uses of JAG Funds – In general............................................................5

Limitations on the use of JAG funds .........................................................................6

State obligations regarding use of JAG funds and units of local government.........10

Required compliance with applicable federal laws .................................................10

Potential funding reductions for noncompliance with PREA and SORNA...............11

BJA Areas of Emphasis..........................................................................................12

Objectives and Deliverables.......................................................................................14

Evidence-based Programs or Practices.....................................................................14

Information Regarding Potential Evaluation of Programs and Activities.....................14

B. Federal Award Information ....................................................................................... 15

Type of Award............................................................................................................15

Financial Management and System of Internal Controls............................................16

Budget and Financial Information...............................................................................17

Cost Sharing or Match Requirement..........................................................................17

Pre-agreement Costs (also known as Pre-award Costs) ...........................................17

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs.......18

Costs Associated with Language Assistance (if applicable).......................................18

C. Eligibility Information ................................................................................................ 18

D. Application and Submission Information .................................................................. 19

What an Application Should Include...........................................................................19

How to Apply..............................................................................................................32

E. Application Review Information ................................................................................ 34

Review Process .........................................................................................................34

F. Federal Award Administration Information................................................................ 35

Federal Award Notices...............................................................................................35

Statutory and Regulatory Requirements; Award Conditions ......................................36

General Information about Post-federal Award Reporting Requirements ..................37

G. Federal Awarding Agency Contact(s) ...................................................................... 38

H. Other Information ..................................................................................................... 38

Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)..38

Provide Feedback to OJP ..........................................................................................39

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 153 of 311
4

Appendix A: Certifications and Assurances by the Chief Executive...........................40

Appendix B: Certification of Compliance with 8 U.S.C. §§ 1373 and 1644 ................42

Appendix C: Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4), 

1324(a), 1357(a), and 1366(1) & (3) ..........................................................................44

Appendix D: Certain relevant federal laws, as in effect on June 7, 2018 ...................46

Appendix E: Information regarding Communication with the Department of Homeland 

Security (DHS) and/or Immigration and Customs Enforcement (ICE)........................52

Appendix F: Additional Award Purposes ....................................................................53

Appendix G: Application Checklist .............................................................................56

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 154 of 311
5

Edward Byrne Memorial 

Justice Assistance Grant (JAG) Program

FY 2018 State Solicitation 

CFDA #16.738

A. Program Description

Overview

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of 

federal criminal justice funding to states and units of local government. BJA will award JAG 

Program funds to eligible states under this FY 2018 JAG Program State Solicitation. (A

separate solicitation will be issued for applications to BJA directly from units of local 

government.)

Statutory Authority: The JAG Program statute is Subpart I of Part E of Title I of the Omnibus 

Crime Control and Safe Streets Act of 1968. Title I of Public Law No. 90-351 (generally codified 

at 34 U.S.C. 10151-10158), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); 

see also 28 U.S.C. 530C(a).

Program-specific Information

Permissible uses of JAG Funds – In general

In general, JAG funds awarded to a state under this FY 2018 solicitation may be used to 

provide additional personnel, equipment, supplies, contractual support, training, technical 

assistance, and information systems for criminal justice, including for any one or more of the 

following:

x Law enforcement programs

x Prosecution and court programs

x Prevention and education programs

x Corrections and community corrections programs

x Drug treatment and enforcement programs

x Planning, evaluation, and technology improvement programs

x Crime victim and witness programs (other than compensation)

x Mental health programs and related law enforcement and corrections programs, 

including behavioral programs and crisis intervention teams

Additionally, JAG funds awarded to a state under this FY 2018 solicitation may be used for any 

purpose indicated in Appendix F.

In connection with the all of the above purposes (including those indicated in the appendix), it 

should be noted that the statute defines “criminal justice” as “activities pertaining to crime 

prevention, control, or reduction, or the enforcement of the criminal law, including, but not 

limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including 

juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 155 of 311
6

limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial 

service or release agencies), activities of corrections, probation, or parole authorities and 

related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and 

programs relating to the prevention, control, or reduction of narcotic addiction and juvenile 

delinquency.”

Under the JAG Program, states may use award funds for broadband deployment and adoption 

activities as they relate to criminal justice activities.

Limitations on the use of JAG funds

Prohibited uses of funds – JAG funds may not be used (whether directly or indirectly) for any 

purpose prohibited by federal statute or regulation, including those purposes specifically 

prohibited by the JAG Program statute as set out at 34 U.S.C. § 10152.

JAG funds may not be used (directly or indirectly) for security enhancements or equipment for 

nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG 

funds may not be used (directly or indirectly) to pay for any of the following items unless 

the BJA Director certifies that extraordinary and exigent circumstances exist, making 

them essential to the maintenance of public safety and good order: 

x Vehicles, vessels, or aircraft*

x Luxury items

x Real estate

x Construction projects (other than penal or correctional institutions)

x Any similar items

*Police cruisers, police boats, and police helicopters are allowable vehicles under JAG 

and do not require BJA certification. 

For information about requesting a waiver to obtain BJA certification for a listed prohibited item, 

or for examples of allowable vehicles that do not require BJA certification, refer to the JAG 

FAQs.

Cap on use of JAG award funds for administrative costs – Up to 10 percent of a JAG award, 

including up to 10 percent of any earned interest, may be used for costs associated with 

administering the award.

Prohibition of supplanting; prohibition on use of JAG funds as match – JAG funds may not be 

used to supplant state or local funds but must be used to increase the amounts of such funds 

that would, in the absence of federal funds, be made available for law enforcement activities.

See the JAG FAQs for examples of supplanting.

Although supplanting is prohibited, as discussed under What An Application Should Include,

leveraging of federal funding is encouraged.

Absent specific federal statutory authority to do so, JAG award funds may not be used as a

match for the purposes of other federal awards.

Other restrictions on use of funds – If a state chooses to use its FY 2018 JAG funds for 

particular, defined types of expenditures, it must satisfy certain preconditions. 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 156 of 311
7

 Body-Worn Cameras (BWCs)

A state that proposes to use FY 2018 JAG award funds to purchase BWC equipment, or 

to implement or enhance BWC programs, must provide to OJP a certification(s) that

each state law enforcement agency receiving the equipment or implementing the 

program has policies and procedures in place related to BWC equipment usage, data 

storage and access, privacy considerations, and training. The certification form related 

to BWC policies and procedures can be found at 

https://www.bja.gov/Funding/BodyWornCameraCert.pdf.

A state that proposes to use JAG funds for BWC-related expenses will have funds 

withheld until the required certification is submitted and approved by OJP. If the state 

proposes to change project activities to utilize JAG funds for BWC-related expenses

after the award is accepted, the state must submit the signed certification to OJP at that 

time.

Further, before making any subaward for BWC-related expenses, the state JAG 

recipient must collect a completed BWC certification from the proposed subrecipient. 

Any such certifications must be maintained by the state JAG recipient, and made 

available to OJP upon request.

The BJA BWC Toolkit provides model BWC policies and best practices to assist 

criminal justice departments in implementing BWC programs.

Apart from the JAG Program, BJA provides funds under the Body-Worn Camera Policy 

and Implementation (BWC) Program. The BWC Program allows jurisdictions to develop 

and implement policies and practices required for effective program adoption, and to

address program factors including the purchase, deployment, and maintenance of 

camera systems and equipment; data storage and access; and privacy considerations. 

Interested states may wish to refer to the BWC Program web page for more information. 

States should note, however, that JAG funds may not be used as any part of the 50 

percent match required by the BWC Program. 

 Body Armor

Body armor purchased with FY 2018 JAG funds may be purchased at any threat level

designation, make, or model from any distributor or manufacturer, as long as the body 

armor has been tested and found to comply with the latest applicable National Institute 

of Justice (NIJ) ballistic or stab standards. Further, body armor or armor vests 

purchased with FY 2018 JAG funds must also be “uniquely fitted vests” as this term is 

used in the context of the Bulletproof Vest Partnership (BVP) Program (see 34 U.S.C. § 

10202(c)(1)(A)) requiring that grantees using JAG funds to purchase armor vests or 

body armor comply with requirements established for BVP grants. For these purposes, 

"uniquely fitted vests" means protective (ballistic or stab-resistant) armor vests that 

conform to the individual wearer to provide the best possible fit and coverage, through a 

combination of: (1) correctly sized panels and carrier, determined through appropriate 

measurement, and (2) properly adjusted straps, harnesses, fasteners, flaps, or other 

adjustable features. The requirement that body armor be "uniquely fitted" does not

require body armor that is individually manufactured based on the measurements of an 

individual wearer. In support of OJP’s efforts to improve officer safety, the American 

Society for Testing and Materials (ASTM) International has made available the Standard 

Practice for Body Armor Wearer Measurement and Fitting of Armor (Active Standard 

ASTM E3003) available at no cost. The Personal Armor Fit Assessment checklist is 

excerpted from ASTM E3003.

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8

A state that proposes to use FY 2018 JAG award funds to purchase body armor must 

provide OJP with a certification(s) that each state law enforcement agency receiving 

body armor has a written “mandatory wear” policy in effect. See 34 U.S.C. § 10202(c).

The certification form related to mandatory wear can be found at

www.bja.gov/Funding/BodyArmorMandatoryWearCert.pdf.

A state that proposes to use JAG funds to purchase body armor will have funds withheld 

until the required certification is submitted and approved by OJP. If the state proposes to 

change project activities to utilize JAG funds to purchase body armor after the award is 

accepted, the state must submit the signed certification to OJP at that time.

Further, before making any subaward for the purchase of body armor, the state JAG 

recipient must collect a completed mandatory wear certification from the proposed 

subrecipient. Any such certifications must be maintained by the state JAG recipient, and 

made available to OJP upon request.

A mandatory wear concept and issues paper and a model policy are available at the

BVP Customer Support Center, at vests@usdoj.gov or toll free at 1–877–758–3787.

Additional information and FAQs related to the mandatory wear policy and certifications 

can be found at https://www.bja.gov/Funding/JAGFAQ.pdf.

Apart from the JAG Program, BJA provides funds under the Bulletproof Vest Partnership 

(BVP) Program. The BVP Program is designed to provide a critical resource to state and

local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant 

body armor. For more information on the BVP Program, including eligibility and 

application, refer to the BVP web page. States should note, however, that JAG funds 

may not be used as any part of the 50 percent match required by the BVP Program.

 Interoperable Communications

States (and any subrecipients) that use FY 2018 JAG funds to support emergency 

communications activities (including the purchase of interoperable communications 

equipment and technologies such as Voice over Internet Protocol bridging or gateway 

devices, or equipment to support the build out of wireless broadband networks in the 

700 MHz public safety band under the Federal Communications Commission [FCC] 

Waiver Order) should review 2018 SAFECOM Guidance. SAFECOM Guidance is 

updated annually to provide current information on emergency communications policies, 

eligible costs, best practices, and technical standards for state, local, tribal, and territorial 

grantees investing federal funds in emergency communications projects. Additionally, 

emergency communications projects funded with FY 2018 JAG funds should support the 

Statewide Communication Interoperability Plan (SCIP) and be coordinated with the fulltime Statewide Interoperability Coordinator (SWIC) in the state of the project. As the 

central coordination point for a state’s interoperability effort, the SWIC plays a critical 

role, and can serve as a valuable resource. SWICs are responsible for the 

implementation of SCIP through coordination and collaboration with the emergency 

response community. The U.S. Department of Homeland Security Office of Emergency 

Communications maintains a list of SWICs for each of the states and territories. Contact 

OEC@hq.dhs.gov for more information. All communications equipment purchased with 

FY 2018 JAG Program funding should be identified during quarterly performance metrics 

reporting.

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 158 of 311
9

Further, information-sharing projects funded with FY 2018 JAG funds must comply with 

DOJ's Global Justice Information Sharing Initiative guidelines, as applicable, in order to 

promote information sharing and enable interoperability among disparate systems 

across the justice and public safety community. Recipients (and subrecipients) must

conform to the Global Standards Package (GSP) and all constituent elements, where 

applicable, as described at: https://www.it.ojp.gov/gsp_grantcondition. Recipients (and 

subrecipients) will be required to document planned approaches to information sharing 

and describe compliance with GSP and an appropriate privacy policy that protects 

shared information, or provide detailed justification for why an alternative approach is 

recommended.

For JAG applicants considering implementing communications technology projects, it is 

worthwhile to consider the First Responder Network Authority (FirstNet) Program. The

Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. §§ 1401 et seq.)

established the First Responder Network Authority (FirstNet) as an independent 

authority within the National Telecommunications and Information Administration (NTIA). 

FirstNet’s statutory mission is to take all actions necessary to ensure the establishment 

of a nationwide public safety broadband network (NPSBN). The NPSBN will use the 700 

MHz D block spectrum to provide Long-Term Evolution (LTE)-based broadband services 

and applications to public safety entities. The network is based on a single, national 

network architecture that will evolve with technological advances and initially consist of a 

core network and radio access network. While mission critical voice communications will 

continue to occur on land mobile radio (LMR), in time, FirstNet is expected to provide 

public safety entities with mission critical broadband data capabilities and services 

including, but not limited to: messaging; image sharing; video streaming; group text; 

voice; data storage; applications; location-based services; and quality of service, priority 

and preemption. This reliable, highly secure, interoperable, and innovative public safety 

communications platform will bring 21st century tools to public safety agencies and first 

responders, allowing them to get more information quickly and helping them to make 

faster and better decisions. For more information on FirstNet services, the unique value 

of the FirstNet network to public safety, and how to subscribe for the FirstNet service 

should your state or territory opt in, please visit www.FirstNet.gov. To learn about 

FirstNet’s programs and activities, including its consultation and outreach with public 

safety, the state plans process, FirstNet’s history and promise, and how it plans to 

ensure that the FirstNet network meets the needs of public safety, please visit 

www.FirstNet.gov or contact info@firstnet.gov.

 DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database

If JAG Program funds are to be used for DNA testing of evidentiary materials, any 

resulting eligible DNA profiles must be uploaded to the Combined DNA Index System 

(CODIS, the national DNA database operated by the FBI) by a government DNA lab with 

access to CODIS. No profiles generated with JAG funding may be entered into any other 

non-governmental DNA database without prior expressed written approval from BJA. 

In addition, funds may not be used for purchase of DNA equipment and supplies when 

the resulting DNA profiles from such technology are not acceptable for entry into CODIS.

 Entry of Records into State Repositories

As appropriate and to the extent consistent with law, a condition may be imposed that

would require the following: with respect to any “program or activity” that receives federal 

financial assistance under this solicitation that is likely to generate or upgrade court 

dispositions or other records that are relevant to National Instant Background Check 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 159 of 311
10

System (NICS) determinations (which includes any dispositions or records whatsoever 

that involve any “alien [who] is illegally or unlawfully in the United States” (18 U.S.C. § 

922(g)(5)(A) (generally prohibiting any such alien to possess any firearm or 

ammunition)), a system must be in place to ensure that all such NICS-relevant 

dispositions or records that are generated or upgraded are made available in timely 

fashion to state repositories/databases that are accessed by NICS.

State obligations regarding use of JAG funds and units of local government

A state that applies for and receives an FY 2018 JAG award must:

 Pass through a predetermined percentage of funds to units of local government. (For 

purposes of the JAG Program, a “unit of local government” includes a city, county, 

township, town, and certain federally recognized Indian tribes.) This predetermined

percentage (often referred to as the “variable pass-through” or VPT) is calculated by 

OJP's Bureau of Justice Statistics (BJS), based on the total criminal justice expenditures 

by a state and its units of local government. The variable pass-through percentages that

will apply to an FY 2018 award to a recipient state can be found at: 

https://www.bja.gov/jag/pdfs/VPT-for-SAAs-updated-June-2017.pdf. (If a state believes 

the VPT percentage has been calculated incorrectly, the state may provide pertinent, 

verifiable data to BJA and ask OJP to reconsider.)

 Appropriately use or distribute the amount of funds that are added to the state’s FY 

2018 award because certain units of local government within the state are ineligible for a 

direct FY 2018 award of JAG funds due to their small size. (These small size units of 

local government are referred to as “less-than-$10,000 jurisdictions.”) The state must 

provide these additional funds included in its FY 2018 award to state police departments

that provide criminal justice services to the “less-than-$10,000 jurisdictions” within the 

state and/or subaward the funds to such jurisdictions.

Required compliance with applicable federal laws

By law, the chief executive (e.g., the governor) of each state that applies for an FY 2018 JAG 

award must certify that the state will “comply with all provisions of [the JAG program statute] 

and all other applicable Federal laws.” To satisfy this requirement, each state applicant must 

submit three properly executed certifications, using the forms shown in Appendices A, B, and C.

All applicants should understand that OJP awards, including certifications provided in 

connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ 

Office of the Inspector General. Applicants also should understand that a materially false, 

fictitious, or fraudulent statement (or concealment or omission of a material fact) in a

certification submitted to OJP in support of an application may be the subject of criminal 

prosecution, and also may result in civil penalties and administrative remedies for false claims 

or otherwise. Administrative remedies that may be available to OJP with respect to an FY 2018

award include suspension or termination of the award, placement on the DOJ high risk grantee 

list, disallowance of costs, and suspension or debarment of the recipient.

National Incident-Based Reporting System (NIBRS) 3 Percent Set-aside

In FY 2016, the Federal Bureau of Investigation (FBI) formally announced its intention to sunset 

the Uniform Crime Reporting (UCR) Program’s traditional Summary Reporting System (SRS) 

and replace it with the UCR Program’s National Incident-Based Reporting System (NIBRS). By 

January 1, 2021, the FBI intends for NIBRS to be the law enforcement crime data reporting 

standard for the nation. 

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By statute, JAG Program awards are calculated using summary Part 1 violent crime data from 

the FBI’s UCR Program. (See 34 U.S.C. § 10156.) Once SRS has been replaced by NIBRS, 

JAG award amounts will be calculated using NIBRS data. In preparation for the FBI’s 2021

NIBRS compliance deadline, beginning in FY 2018, BJA is requiring, through the application of 

a special condition, direct JAG award recipients not certified by the FBI as NIBRS compliant to

dedicate 3 percent of their JAG award toward achieving full compliance with the FBI’s NIBRS 

data submission requirements under the UCR Program. The 3 percent requirement will assist 

state and local jurisdictions in working toward compliance, to ensure they continue to have 

critical criminal justice funding available through JAG when SRS is replaced by NIBRS in FY 

2021.

The requirement for a NIBRS set-aside will not be applied to subawards from states. Rather,

state JAG recipients must ensure that at least 3 percent of the total award amount is used 

toward NIBRS compliance, unless the FBI has certified that the state is already NIBRS 

compliant. States must clearly indicate in their application narratives and budgets what projects 

will be supported with this 3 percent set-aside.

The following are examples of costs and projects that relate to NIBRS implementation at the 

state or local level that could be funded under the JAG Program: software, hardware, and labor 

that directly support or enhance a state or agency’s technical capacity for collecting, processing,

and analyzing data reported by local law enforcement (LE) agencies and then submitting NIBRS 

data to the FBI; training personnel responsible for the state’s Incident Based Reporting (IBR)

program on receiving, processing, analyzing, and validating incident-based data from local LE 

agencies in their state; training local agencies in how to collect and submit NIBRS data; and 

technical assistance for LE agency personnel responsible for (1) managing the agency’s crime 

incident data, (2) processing and validating the data, and (3) extracting and submitting IBR data 

to the state UCR Program according to the states and/or directly to the FBI according to the 

NIBRS standard.

BJA will waive the set-aside requirement for states that have been certified as NIBRS compliant 

by the FBI as of the posting date of this solicitation. States for which the FBI certifies NIBRS 

compliance after that date may request a waiver of the set-aside requirement from the BJA 

Director. The waiver request from an appropriate state official must clearly state that the state 

has been certified as NIBRS compliant by the FBI, and should be submitted with the application,

or, as appropriate, through a request for a Grant Adjustment Notice after an award is made. In

any instance in which a waiver request is submitted, the state must retain documentation on file 

that demonstrates the FBI certification of NIBRS compliance. Such documentation must be

made available for BJA review, upon request. The BJA Director will review all requests for 

waivers. If approved, states will not be subject to the 3 percent set-aside requirement. 

Note: U.S. territories and tribal jurisdictions will not be subject to the 3 percent set-aside for 

NIBRS compliance until FY 2019. Tribal jurisdictions and the five U.S. territories will be strongly 

encouraged to dedicate a portion of JAG funding to NIBRS conversion; however, this is not a 

requirement for FY 2018 JAG funding. Utilizing this phased-in approach will allow the territories 

and tribal jurisdictions to plan for the change in funding direction and provide BJA with time to 

coordinate or provide technical assistance.

Potential funding reductions for noncompliance with PREA and SORNA

Prison Rape Elimination Act of 2003 (PREA). In 2012, DOJ published the National PREA 

Standards, which were promulgated to prevent, detect, and respond to sexual victimization and 

abuse in confinement settings. The PREA Standards are set out at 28 C.F.R. Part 115, and 

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apply to confinement facilities including adult prisons and jails, juvenile facilities, and police 

lockups.

Under PREA, if a state’s chief executive (e.g., governor) does not certify full compliance with the 

National PREA Standards, the state is subject to the loss of five percent of certain DOJ grant 

funds, including JAG award funds, unless: (1) the chief executive submits an assurance to DOJ 

that no less than five percent of such funds will be used solely for the purpose of enabling the 

state to achieve and certify full compliance with the PREA Standards in future years; or (2) the 

chief executive requests that the affected funds be held in abeyance by DOJ. See 34 U.S.C. 

§ 30307(e)(2).

A reduction of a JAG award to a state under the provisions of PREA will not affect the portion of

the JAG award that is reserved for local jurisdictions.

For additional information concerning PREA implementation, send inquiries to the PREA

Management Office at PREACompliance@usdoj.gov and/or review the PREA FAQs.

Sex Offender Registration and Notification Act (SORNA). SORNA, which is Title I of the Adam 

Walsh Child Protection and Safety Act of 2006, mandates a 10 percent reduction in a JAG 

award to a state that has failed to substantially implement SORNA. Further, states that have 

substantially implemented SORNA have an ongoing obligation to maintain that status each 

year. A JAG reduction will be applied for each year a jurisdiction has failed to have substantially 

implemented SORNA.

A reduction of a JAG award to a state under the provisions of SORNA will not affect the portion

of the JAG award that is reserved for local jurisdictions.

For additional information regarding SORNA implementation, including requirements and a list 

of states that will be affected in FY 2018 by the 10 percent reduction to the JAG award, send 

inquiries to AskSMART@usdoj.gov. Additional SORNA guidance can be found within the 

SORNA FAQs.

BJA Areas of Emphasis

BJA recognizes that many state and local criminal justice systems currently face challenging 

fiscal environments and that an important, cost-effective way to relieve those pressures is to 

share or leverage resources through cooperation among federal, state, and local law 

enforcement. BJA intends to focus much of its work on the areas of emphasis described below, 

and encourages each state recipient of an FY 2018 JAG award to join federal law enforcement 

agencies across the board in addressing these challenges.

Reducing Violent Crime – Recognizing that crime problems, including felonious possession and 

use of a firearm and/or gang violence, illegal drug sales and distribution, human trafficking, and 

other related violent crime, vary from community to community, BJA encourages states to tailor 

their programs to the local crime issues, and to be data-informed in their work. States should 

consider investing JAG funds in programs to combat firearms violence, and to improve the 

process for ensuring that persons prohibited from purchasing firearms (see, e.g., 18 U.S.C. § 

922(g)) are prevented from doing so, by utilizing technology such as eTrace and NIBIN to 

analyze evidence, as well as by enhancing complete, accurate, and timely reporting to the 

FBI’s NICS. States are also encouraged to coordinate with the United States Attorneys and

Project Safe Neighborhood (PSN) grantees in order to leverage funding for violence reduction 

projects, and to coordinate their law enforcement activities with those of federal law 

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enforcement agencies such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and 

Explosives, the Drug Enforcement Administration, and the Department of Homeland Security.

Officer Safety and Wellness – The issue of law enforcement safety and wellness is an important 

priority for BJA and DOJ. According to the Preliminary 2017 Law Enforcement Officer Fatalities 

Report, released by the National Law Enforcement Officers Memorial Fund (NLEOMF), as of

December 28, 2017, there were 128 law enforcement line-of-duty deaths nationwide in 2017.

Firearms-related deaths were the second leading cause of law enforcement deaths (44) in 

2017, according to the NLEOMF report. Of those deaths, the leading circumstance was officers 

shot while responding to a domestic disturbance (7), followed by traffic enforcement, 

investigative activities, and dealing with a suspicious person or vehicle—6 instances in each 

circumstance. Additionally, deaths due to circumstances other than firearms- or traffic-related 

deaths increased by 61 percent in 2017 with 37 deaths compared to 23 in 2016. Sixteen of 

those deaths were due to job-related illnesses, including 10 deaths due to heart attacks.

Based on the latest reports (2016 and 2015) from the FBI’s Law Enforcement Officers Killed 

and Assaulted (LEOKA) data, there appeared to be a continuing increase in assaults between 

2015 and 2016. There were 57,180 assaults in 2016 versus 50,212 in 2015. Of those, 16,535 

resulted in officer injuries in 2016 compared to 14,281 in 2015. The 2016 LEOKA data show

that there were 17 officers killed in ambush situations, which is an increase from 2015 when 4

officers were killed in ambush situations.

BJA sees a vital need to focus not only on tactical officer safety concerns but also on health and 

wellness, as they affect officer performance and safety. It is important for law enforcement to 

have the tactical skills necessary, and also to be physically and mentally well, to perform, 

survive, and be resilient in the face of the demanding duties of the profession. BJA encourages 

states to use JAG funds to address these needs by providing training, and paying for tuition and 

travel expenses related to attending trainings such as those available through the BJA VALOR 

Initiative, as well as funding for health and wellness programs for law enforcement officers.

Border Security – Securing U.S. borders (and internationally accessible waterways and airports)

is critically important to the reduction and prevention of transnational drug-trafficking networks 

and combating all forms of human trafficking within the United States (including sex and labor 

trafficking of foreign nationals and U.S. citizens of all sexes and ages). Smuggling and

trafficking operations to, from, and within the United States contribute to a significant increase in 

violent crime and U.S. deaths. BJA encourages states to enhance border, waterway, and port 

security by using JAG funds to support law enforcement hiring, training, and technology 

enhancement, as well as cooperation and coordination among federal, state, local, and tribal 

law enforcement agencies.

Collaborative Prosecution and Law Enforcement – BJA supports strong partnerships between

prosecutors and law enforcement, at all levels of government, in order to help take violent 

offenders off the street. BJA strongly encourages state and local law enforcement agencies to

foster strong partnerships with federal law enforcement agencies, and with their own 

prosecutors, as well as federal prosecutors, to adopt new, cost-effective, collaborative 

strategies to reduce crime, particularly violent crime. (BJA's Innovative Prosecution Solutions

Program is a related effort to promote partnerships between prosecutors and researchers to

develop and deliver effective, data-driven, evidence-based strategies to solve chronic problems 

and fight crime.)

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Objectives and Deliverables

In general, the FY 2018 JAG Program is designed to provide additional personnel, equipment,

supplies, contractual support, training, technical assistance, and information systems for 

criminal justice. Although the JAG Program provides assistance directly to states, through passthrough (and similar) requirements, the JAG Program also is designed to assist units of local 

government with respect to criminal justice.

As discussed in more detail in the General Information about Post-federal Award Reporting 

Requirements discussion, a state that receives an FY 2018 JAG award will be required to 

produce various types of reports and to submit data related to performance measures and 

accountability. The objectives and deliverables are directly related to the JAG Program 

accountability measures described at https://bjapmt.ojp.gov/help/jagdocs.html.

Evidence-based Programs or Practices

OJP strongly emphasizes the use of data and evidence in policy making and program 

development in criminal justice, juvenile justice, and crime victim services. OJP is committed to:

x Improving the quantity and quality of evidence OJP generates.

x Integrating evidence into program, practice, and policy decisions within OJP and the 

field.

x Improving the translation of evidence into practice.

OJP considers programs and practices to be evidence-based when their effectiveness has been 

demonstrated by causal evidence, generally obtained through one or more outcome 

evaluations. Causal evidence documents a relationship between an activity or intervention 

(including technology) and its intended outcome, including measuring the direction and size of a 

change, and the extent to which a change may be attributed to the activity or 

intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent 

possible, alternative explanations for the documented change. The strength of causal evidence, 

based on the factors described above, will influence the degree to which OJP considers a 

program or practice to be evidence-based. The OJP CrimeSolutions.gov website at

https://www.crimesolutions.gov/ is one resource that applicants may use to find information 

about evidence-based programs in criminal justice, juvenile justice, and crime victim services.

A useful matrix of evidence-based policing programs and strategies is available through BJA’s

Matrix Demonstration Project. BJA offers a number of program models designed to effectively 

implement promising and evidence-based strategies through the BJA Innovation Suite of 

programs including Innovations in Policing, Prosecution, Supervision, Reentry, and others (see 

https://www.bja.gov/Programs/CRPPE/innovationssuite.html). BJA encourages states to use 

JAG funds to support these crime innovation strategies, including effective partnerships with 

universities and research partners and with non-traditional criminal justice partners.

Information Regarding Potential Evaluation of Programs and Activities

The Department of Justice has prioritized the use of evidence-based programming and deems it 

critical to continue to build and expand the evidence informing criminal and juvenile justice 

programs and crime victim services to reach the highest level of rigor possible. Therefore, 

applicants should note that OJP may conduct or support an evaluation of the programs and 

activities funded under this solicitation. Recipients and sub-recipients will be expected to 

cooperate with program-related assessments or evaluation efforts, including through the 

collection and provision of information or data requested by OJP (or its designee) for the 

assessment or evaluation of any activities and/or outcomes of those activities funded under this 

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solicitation. The information or data requested may be in addition to any other financial or 

performance data already required under this program.

BJA Success Stories

The BJA-sponsored Success Stories web page features projects that have demonstrated 

success or shown promise in reducing crime and positively impacting communities. This web

page is a valuable resource for states, localities, territories, tribes, and criminal justice 

professionals who seek to identify and learn about JAG and other successful BJA-funded

projects linked to innovation, crime reduction, and evidence-based practices. BJA strongly 

encourages the submission of success stories annually (or more frequently).

If a state has a success story it would like to submit, it may be submitted through the My BJA 

account, using “Add a Success Story” and the Success Story Submission form. Register for a My 

BJA account using this registration link.

B. Federal Award Information 

BJA expects to make up to 56 awards of up to $176,700,000.

BJA plans to make awards for a 4-year period of performance, to begin on October 1, 2017. An 

extension should not exceed 12 months. An extension beyond this period may be made on a 

case-by-case basis, at the discretion of BJA, and must be justified by circumstances beyond the 

control of the recipient and subrecipient, as well as requested via GMS, no fewer than 30 days 

prior to the end of the period for performance.

The expected allocations by state for the FY 2018 JAG program can be found at: 

https://www.bja.gov/funding/FY18-State-JAG-Web-Allocations.pdf.

All awards are subject to the availability of appropriated funds and to any modifications or 

additional requirements that may be imposed by statute.

Type of Award

BJA expects that any award under this solicitation will be in the form of a grant. See Statutory 

and Regulatory Requirements; Award Conditions, under Section F. Federal Award 

Administration Information, for a brief discussion of important statutes, regulations, and award 

conditions that apply to many (or in some cases, all) OJP grants.

JAG awards are based on a statutory formula as described below:

Once each fiscal year’s overall JAG Program funding level is determined, BJA works with BJS 

to begin a four-step grant award calculation process, which, in general, consists of: 

(1) Computing an initial JAG allocation for each state, based on its share of violent crime 

and population (weighted equally). 

(2) Reviewing the initial JAG allocation amount to determine if the state allocation is less 

than the minimum award amount defined in the JAG legislation (0.25 percent of the 

total). If this is the case, the state is funded at the minimum level, and the funds required 

for this are deducted from the overall pool of JAG funds. Each of the remaining states

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receives the minimum award plus an additional amount based on its share of violent 

crime and population. 

(3) Dividing each state’s final award amount (except for the territories and District of 

Columbia) between the state and its units of local governments at a rate of 60 and 40 

percent, respectively. 

(4) Determining unit of local government award allocations, which are based on their 

proportion of the state’s 3-year violent crime average. If the “eligible award amount” for a 

particular unit of local government, as determined on this basis, is $10,000 or more, then 

the unit of local government is eligible to apply directly to OJP (under the JAG Local

solicitation) for a JAG award. If the “eligible award amount” to a particular unit of local 

government, as determined on this basis, would be less than $10,000, however, the

funds are not made available for a direct award to that particular unit of local 

government, but instead are added to the amount that otherwise would have been 

awarded to the state. (The state's obligations with respect to this additional amount for 

the “less-than-$10,000 jurisdictions” are summarized above.)

Financial Management and System of Internal Controls

Award recipients and subrecipients (including recipients or subrecipients that are pass-through 

entities1) must, as described in the Part 200 Uniform Requirements2 as set out at 2 C.F.R. 

200.303:

(a) Establish and maintain effective internal control over the federal award that 

provides reasonable assurance that [the recipient (and any subrecipient)] is 

managing the federal award in compliance with federal statutes, regulations, and 

the terms and conditions of the federal award. These internal controls should be 

in compliance with guidance in “Standards for Internal Control in the Federal 

Government” issued by the Comptroller General of the United States and the 

“Internal Control Integrated Framework”, issued by the Committee of Sponsoring 

Organizations of the Treadway Commission (COSO).

(b) Comply with federal statutes, regulations, and the terms and conditions of the 

federal awards.

(c) Evaluate and monitor [the recipient’s (and any subrecipient’s)] compliance 

with statutes, regulations, and the terms and conditions of federal awards.

(d) Take prompt action when instances of noncompliance are identified including 

noncompliance identified in audit findings.

(e) Take reasonable measures to safeguard protected personally identifiable 

information and other information the federal awarding agency or pass-through 

entity designates as sensitive or [the recipient (or any subrecipient)] considers 

1 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides 

a subaward ("subgrant”) to carry out part of the funded award or program.

2 The "Part 200 Uniform Requirements” refers to the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain 

modifications) the provisions of 2 C.F.R. Part 200.

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sensitive consistent with applicable federal, state, local, and tribal laws regarding 

privacy and obligations of confidentiality.

To help ensure that applicants understand administrative requirements and cost principles, OJP 

encourages prospective applicants to enroll, at no charge, in the DOJ Grants Financial 

Management Online Training, available at https://ojpfgm.webfirst.com/. (This training is required 

for all OJP award recipients.)

Also, applicants should be aware that OJP collects information from applicants on their financial 

management and systems of internal controls (among other information) which is used to make 

award decisions. Under Section D. Application and Submission Information, applicants may 

access and review the OJP Financial Management and System of Internal Controls 

Questionnaire (http://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf) that OJP 

requires all applicants (other than an individual applying in his/her personal capacity) to 

download, complete, and submit as part of the application.

Budget and Financial Information

Trust Fund – State administering agencies (SAAs) may draw down JAG funds either in advance 

or on a reimbursement basis. Non-federal entities must maintain advance payments of federal 

awards in interest-bearing accounts, unless regulatory exclusions apply (2 CFR 200.305(b)(8)).

Subrecipients that draw down JAG funds in advance are subject to the same requirement and

must first establish an interest-bearing account. 

Tracking and reporting regarding JAG funds used for state administrative costs – As indicated 

earlier, up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may 

be used for costs associated with administering the award. Administrative costs (when utilized) 

must be tracked separately; a recipient must report in separate financial status reports (SF-425)

those expenditures that specifically relate to each particular JAG Award during any particular 

reporting period.

No commingling – Both the state recipient and all subrecipients of JAG funds are prohibited 

from commingling funds on a program-by-program or project-by-project basis. For this 

purpose, use of the administrative JAG funds to perform work across all active awards in 

any one year is not considered commingling.

Cost Sharing or Match Requirement

The JAG Program does not require a match. However, if a successful application proposes a 

voluntary match amount, and OJP approves the budget, the total match amount incorporated 

into the approved budget becomes mandatory and subject to audit.

For additional cost sharing and match information, see the DOJ Grants Financial Guide at

https://ojp.gov/financialguide/DOJ/index.htm..

Pre-agreement Costs (also known as Pre-award Costs)

Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of 

performance of the grant award.

OJP does not typically approve pre-agreement costs. An applicant must request and obtain the 

prior written approval of OJP for any such costs. All such costs incurred prior to award and prior 

to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant 

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should incur project costs before submitting an application requesting federal funding for those 

costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider 

approving pre-agreement costs, the applicant may contact the point of contact listed on the title 

page of this solicitation for the requirements concerning written requests for approval. If

approved in advance by OJP, award funds may be used for pre-agreement costs, consistent 

with the recipient’s approved budget and applicable cost principles. See the section on “Costs 

Requiring Prior Approval” in the DOJ Grants Financial Guide at

https://ojp.gov/financialguide/DOJ/index.htm for more information.

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs

OJP strongly encourages every applicant that proposes to use award funds for any conference-,

meeting-, or training-related activity (or similar event) to review carefully—before submitting an 

application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such 

events, available at

https://www.ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm. OJP policy 

and guidance (1) encourage minimization of conference, meeting, and training costs; (2) require 

prior written approval (which may affect project timelines) of most conference, meeting, and 

training costs for cooperative agreement recipients, as well as some conference, meeting, and

training costs for grant recipients; and (3) set cost limits, which include a general prohibition of 

all food and beverage costs.

Costs Associated with Language Assistance (if applicable)

If an applicant proposes a program or activity that would deliver services or benefits to 

individuals, the costs of taking reasonable steps to provide meaningful access to those services 

or benefits for individuals with limited English proficiency may be allowable. Reasonable steps 

to provide meaningful access to services or benefits may include interpretation or translation 

services, where appropriate.

For additional information, see the "Civil Rights Compliance" section under “Overview of Legal 

Requirements Generally Applicable to OJP Grants and Cooperative Agreements - FY 2018 

Awards” in the OJP Funding Resource Center at https://ojp.gov/funding/index.htm.

C. Eligibility Information 

For eligibility information, see the title page.

For information on cost sharing or match requirements, see Section B. Federal Award 

Information.

Note that, as discussed in more detail below, the certifications regarding compliance with certain 

federal laws (see Appendices B and C) must be executed and submitted before a state can 

make a valid award acceptance. Also, a state may not access award funds (and its award will 

include a condition that withholds funds) until it submits a properly executed “Certifications and 

Assurances by Chief Executive of Applicant Government” (see Appendix A).

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D. Application and Submission Information

What an Application Should Include

This section describes in detail what an application should include. An applicant should 

anticipate that if it fails to submit an application that contains all of the specified elements, it may 

negatively affect the review of its application; and, should a decision be made to make an 

award, it may result in the inclusion of award conditions that preclude the recipient from 

accessing or using award funds until the recipient satisfies the conditions and OJP makes the 

funds available.

An applicant may combine the Budget Narrative and the Budget Detail Worksheet in one 

document. If an applicant submits only one budget document, however, it must contain both

narrative and detail information. Please review the “Note on File Names and File Types” under 

How to Apply to be sure applications are submitted in permitted formats.

NOTE: OJP has combined the Budget Detail Worksheet and Budget Narrative in a single 

document collectively referred to as the Budget Detail Worksheet. See “Budget Information and 

Associated Documentation” below for more information about the Budget Detail Worksheet and 

where it can be accessed.

OJP strongly recommends that applicants use appropriately descriptive file names (e.g., 

“Program Narrative,” “Budget Detail Worksheet,” “Timelines,” “Memoranda of Understanding,”

“Résumés”) for all attachments. Also, OJP recommends that applicants include résumés in a 

single file.

Please review the “Note on File Names and File Types” under How to Apply to be sure 

applications are submitted in permitted formats.

In general, if a state fails to submit the required information or documents, OJP either 

will return the state's application in the Grants Management System (GMS) for 

submission of the missing information or documents or will attach a condition to the 

award that will withhold award funds until the necessary information and documents are 

submitted. (As discussed elsewhere in this solicitation, the certifications regarding 

compliance certain federal laws—which are set out at Appendix B and Appendix C—will 

be handled differently. Unless and until those certifications are submitted, the state will 

be unable to make a valid acceptance of the award.)

1. Information to Complete the Application for Federal Assistance (SF-424)

The SF-424 is a required standard form used as a cover sheet for submission of preapplications, applications, and related information. GMS takes information from the 

applicant’s profile to populate the fields on this form.

To avoid processing delays, an applicant must include an accurate legal name on its SF424. On the SF-424, current OJP award recipients, when completing the field for “Legal 

Name” (box 5), should use the same legal name that appears on the prior year award

document (which is also the legal name stored in OJP’s financial system.) Also, these 

applicants should enter the Employer Identification Number (EIN) in box 6 exactly as it 

appears on the prior year award document. An applicant with a current, active award(s) 

must ensure that its GMS profile is current. If the profile is not current, the applicant should 

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submit a Grant Adjustment Notice updating the information on its GMS profile prior to 

applying under this solicitation. 

A new applicant entity should enter its official legal name, its address, its EIN, and its Data 

Universal Numbering System (DUNS). A new applicant entity should attach official legal 

documents to its application (e.g., articles of incorporation, 501(c)(3) status documentation,

organizational letterhead) to confirm the legal name, address, and EIN entered into the SF424. OJP will use the System for Award Management (SAM) to confirm the legal name and 

DUNS number entered in the SF-424; therefore, an applicant should ensure that the 

information entered in the SF-424 matches its current registration in SAM. See the How to 

Apply section for more information on SAM and DUNS numbers.

Intergovernmental Review:

This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant 

may find the names and addresses of State Single Points of Contact (SPOCs) at the 

following website: https://www.whitehouse.gov/wpcontent/uploads/2017/11/Intergovernmental_-Review-_SPOC_01_2018_OFFM.pdf. If the 

state appears on the SPOC list, the applicant must contact the state SPOC to find out about, 

and comply with, the state’s process under E.O. 12372. In completing the SF-424, an 

applicant whose state appears on the SPOC list is to make the appropriate selection in 

response to question 16 once the applicant has complied with its state E.O. 12372 process. 

(An applicant whose state does not appear on the SPOC list should answer question 16 by 

selecting the response that the “Program is subject to E.O. 12372 but has not been selected 

by the state for review.”)

2. Project Identifiers

Applications should identify at least three and no more than 10 project identifiers that would 

be associated with the proposed project activities. The list of identifiers can be found at 

www.bja.gov/funding/JAGIdentifiers.pdf.

3. Program Narrative

The following sections should be included as part of the program narrative3:

a. Description of the Issue – Identify the state's strategy/funding priorities for the FY 2018

JAG funds, the subgrant award process and timeline, and a description of the programs 

to be funded over the 4-year grant period. States are strongly encouraged to prioritize 

the funding of evidence-based projects and the data used to determine these priorities 

and data needed for comprehensive planning efforts. The state should describe any 

barriers to accessing these data, opportunities to improve cross system information 

sharing, and progress or challenges the state has faced in NIBRS implementation.

b. Project Design and Implementation – Describe the state's process for engagement of 

stakeholders from across the justice continuum and how that input informs priorities. 

This should include a description of how local communities are engaged in the planning 

process, how state and local planning efforts are coordinated, and challenges faced in 

coordination. It should identify the stakeholders representing each purpose area who are 

participating in the strategic planning process, the gaps in the state's needed resources 

for criminal justice purposes, plans to improve the administration of the criminal justice 

3 For information on subawards (including the details on proposed subawards that should be included in the 

application), see "Budget and Associated Documentation" under Section D. Application and Submission Information.

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system, and how JAG funds will be coordinated with state and related justice funds. 

States are strongly encouraged to utilize an evidence-informed approach to funding 

decisions and evidence-informed approaches to addressing and preventing (violent) 

crime. This includes providing support to subrecipients as they develop data-driven 

practices and programs.

c. Capabilities and Competencies – Describe any additional strategic planning/coordination 

efforts in which the state participates with other criminal justice criminal/juvenile justice 

agencies in the state. Please provide an overview of any evidence-informed programs

that have been implemented successfully and how that program might inform 

implementation of plan priorities.

d. Plan for Collecting the Data Required for this Solicitation’s Performance Measures –

OJP will require each successful applicant to submit specific performance data that 

demonstrate the results of the work carried out under the award (see “General 

Information about Post-Federal Award Reporting Requirements” in Section F. Federal 

Award Administration Information). The performance data correlate to the objectives and

deliverables identified under “Objectives and Deliverables” in Section A. Program 

Description. Post award, recipients will be required to submit quarterly performance 

metrics through BJA’s PMT, located at https://bjapmt.ojp.gov. The application should 

describe the applicant's plan for collection of all of the performance measures data listed 

in the JAG Program accountability measures at: 

https://bjapmt.ojp.gov/help/jagdocs.html.

Applicants should visit OJP’s performance measurement page at 

www.ojp.gov/performance for an overview of performance measurement activities at 

OJP.

BJA does not require applicants to submit performance measures data with their 

application. Performance measures are included as an alert that BJA will require 

successful applicants to submit specific performance data as part of their reporting 

requirements. For the application, applicants should indicate an understanding of these 

requirements and discuss how they will gather the required data, should they receive 

funding.

Note on Project Evaluations

An applicant that proposes to use award funds through this solicitation to conduct project

evaluations should be aware that certain project evaluations (such as systematic investigations 

designed to develop or contribute to generalizable knowledge) may constitute “research” for 

purposes of applicable DOJ human subjects protection regulations. However, project 

evaluations that are intended only to generate internal improvements to a program or service, or

are conducted only to meet OJP’s performance measure data reporting requirements, likely do 

not constitute “research.” Each applicant should provide sufficient information for OJP to 

determine whether the particular project it proposes would either intentionally or unintentionally 

collect and/or use information in such a way that it meets the DOJ regulatory definition of 

research that appears at 28 C.F.R. Part 46 (“Protection of Human Subjects”).

Research, for the purposes of human subjects protection for OJP-funded programs, is defined 

as “a systematic investigation, including research development, testing and evaluation, 

designed to develop or contribute to generalizable knowledge.” 28 C.F.R. 46.102(d).

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For additional information on determining whether a proposed activity would constitute research

for purposes of human subjects protection, applicants should consult the decision tree in the 

“Research and the Protection of Human Subjects” section of the “Requirements related to 

Research” web page of the “Overview of Legal Requirements Generally Applicable to OJP 

Grants and Cooperative Agreements - FY 2018 Awards” available through the OJP Funding 

Resource Center at https://ojp.gov/funding/index.htm. Every prospective applicant whose 

application may propose a research or statistical component also should review the “Data 

Privacy and Confidentiality Requirements” section on that web page.

4. Budget and Associated Documentation

The Budget Detail Worksheet and the Budget Narrative are now combined in a single 

document collectively referred to as the Budget Detail Worksheet. The Budget Detail 

Worksheet is a user-friendly, fillable, Microsoft Excel-based document designed to calculate

totals. Additionally, the Excel workbook contains worksheets for multiple budget years that 

can be completed as necessary. All applicants should use the Excel version when 

completing the proposed budget in an application, except in cases where the 

applicant does not have access to Microsoft Excel or experiences technical 

difficulties. If an applicant does not have access to Microsoft Excel or experiences 

technical difficulties with the Excel version, then the applicant should use the 508-compliant 

accessible Adobe Portable Document Format (PDF) version.

Both versions of the Budget Detail Worksheet can be accessed at 

https://ojp.gov/funding/Apply/Forms/BudgetDetailWorksheet.htm.

a. Budget Detail Worksheet 

The Budget Detail Worksheet should provide the detailed computation for each budget 

line item, listing the total cost of each and showing how it was calculated by the 

applicant. For example, costs for personnel should show the annual salary rate and the 

percentage of time devoted to the project for each employee paid with grant funds. The 

Budget Detail Worksheet should present a complete itemization of all proposed costs.

For questions pertaining to budget and examples of allowable and unallowable costs, 

see the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm.

b. Budget Narrative

The budget narrative should thoroughly and clearly describe every category of expense 

listed in the proposed budget detail worksheet. OJP expects proposed budgets to be 

complete, cost effective, and allowable (e.g., reasonable, allocable, and necessary for 

project activities). This narrative should include a full description of all costs, 

including funds set aside for NIBRS project(s) and administrative costs (if 

applicable).

An applicant should demonstrate in its budget narrative how it will maximize cost 

effectiveness of award expenditures. Budget narratives should generally describe cost 

effectiveness in relation to potential alternatives and the objectives of the project. For 

example, a budget narrative should detail why planned in-person meetings are 

necessary, or how technology and collaboration with outside organizations could be 

used to reduce costs, without compromising quality. 

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The budget narrative should be mathematically sound and correspond clearly with the 

information and figures provided in the Budget Detail Worksheet. The narrative should 

explain how the applicant estimated and calculated all costs, and how those costs are 

necessary to the completion of the proposed project. The narrative may include tables 

for clarification purposes, but need not be in a spreadsheet format. As with the Budget 

Detail Worksheet, the budget narrative should describe costs by year.

c. Information on Proposed Subawards (if any), as well as on Proposed Procurement 

Contracts (if any)

Applicants for OJP awards typically may propose to make subawards. Applicants also 

may propose to enter into procurement contracts under the award.

Whether an action—for federal grants administrative purposes—is a subaward or 

procurement contract is a critical distinction as significantly different rules apply to 

subawards and procurement contracts. If a recipient enters into an agreement that is a 

subaward of an OJP award, specific rules apply—many of which are set by federal 

statutes and DOJ regulations; others by award conditions. These rules place particular 

responsibilities on an OJP recipient for any subawards the OJP recipient may make. The

rules determine much of what the written subaward agreement itself must require or 

provide. The rules also determine much of what an OJP recipient must do both before 

and after it makes a subaward. If a recipient enters into an agreement that is a 

procurement contract under an OJP award, a substantially different set of federal rules 

applies.

OJP has developed the following guidance documents to help clarify the differences 

between subawards and procurement contracts under an OJP award and outline the 

compliance and reporting requirements for each. This information can be accessed 

online at https://ojp.gov/training/training.htm.

x Subawards under OJP Awards and Procurement Contracts under Awards: A 

Toolkit for OJP Recipients.

x Checklist to Determine Subrecipient or Contractor Classification.

x Sole Source Justification Fact Sheet and Sole Source Review Checklist.

In general, the central question is the relationship between what the third-party will do 

under its agreement with the recipient and what the recipient has committed (to OJP) to 

do under its award to further a public purpose (e.g., services the recipient will provide, 

products it will develop or modify, research or evaluation it will conduct). If a third party 

will provide some of the services the recipient has committed (to OJP) to provide, will 

develop or modify all or part of a product the recipient has committed (to OJP) to 

develop or modify, or conduct part of the research or evaluation the recipient has 

committed (to OJP) to conduct, OJP will consider the agreement with the third party a 

subaward for purposes of federal grants administrative requirements. 

This will be true even if the recipient, for internal or other non-federal purposes, labels or 

treats its agreement as a procurement, a contract, or a procurement contract. Neither 

the title nor the structure of an agreement determines whether the agreement—for 

purposes of federal grants administrative requirements—is a subaward or is instead a 

procurement contract under an award. The substance of the relationship should be given 

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greater consideration than the form of agreement between the recipient and the outside 

entity.

(1) Information on proposed subawards and required certification regarding

certain federal laws from certain subrecipients

General requirement for federal authorization of any subaward; statutory authorizations 

of subawards under the JAG Program statute.

Generally, a recipient of an OJP award may not make subawards (“subgrants”) unless 

the recipient has specific federal authorization to do so. Unless an applicable statute or 

DOJ regulation specifically authorizes (or requires) particular subawards, a recipient 

must have authorization from OJP before it may make a subaward. 

JAG subawards that are required or specifically authorized by statute (see 34

U.S.C. § 10152(a) and 34 U.S.C. § 10156) do not require prior approval to authorize 

subawards. This includes subawards made by states under the JAG Program.

A particular subaward may be authorized by OJP because the recipient included a 

sufficiently detailed description and justification of the proposed subaward in the 

application as approved by OJP. If, however, a particular subaward is not authorized by 

federal statute or regulation, and is not sufficiently described and justified in the 

application as approved by OJP, the recipient will be required, post-award, to request 

and obtain written authorization from OJP before it may make the subaward.

If an applicant proposes to make one or more subawards to carry out the federal award 

and program, and those subawards are not specifically authorized (or required) by 

statute or regulation, the applicant should: (1) identify (if known) the proposed 

subrecipient(s), (2) describe in detail what each subrecipient will do to carry out the 

federal award and federal program, and (3) provide a justification for the subaward(s), 

with details on pertinent matters such as special qualifications and areas of expertise. 

Pertinent information on subawards should appear not only in the Program Narrative but

also in the Budget Detail Worksheet and budget narrative.

Required certifications, generally relating to various federal statutes, from any 

proposed subrecipient that is a state or local government entity. Before a state may 

subaward FY 2018 award funds to a unit of local government or to a public institution of 

higher education, it will be required (by specific award condition, the terms of which will 

govern) to obtain a properly executed certification, generally relating to various specific

federal laws, from the proposed subrecipient. (This requirement regarding these federal 

laws will not apply to subawards to Indian tribes). The specific certification the state must 

require from a unit of local government will vary somewhat from the specific certification 

it must require from a public institution of higher education. The forms will be posted and 

available for download at https://ojp.gov/funding/Explore/SampleCertifications8USC1373.htm.

(2) Information on proposed procurement contracts (with specific justification for 

proposed noncompetitive contracts over $150,000)

Unlike a recipient contemplating a subaward, a recipient of an OJP award generally 

does not need specific prior federal authorization to enter into an agreement that—for 

purposes of federal grants administrative requirements—is considered a procurement 

contract, provided that (1) the recipient uses its own documented procurement 

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procedures and (2) those procedures conform to applicable federal law, including the 

Procurement Standards of the (DOJ) Part 200 Uniform Requirements (as set out at 2 

C.F.R. 200.317 - 200.326). The Budget Detail Worksheet and budget narrative should 

identify proposed procurement contracts. (As discussed above, subawards must be 

identified and described separately from procurement contracts.)

The Procurement Standards in the Part 200 Uniform Requirements, however, reflect a 

general expectation that agreements that (for purposes of federal grants administrative 

requirements) constitute procurement “contracts” under awards will be entered into on

the basis of full and open competition. All noncompetitive (sole source) procurement 

contracts must meet the OJP requirements outlined at 

https://ojp.gov/training/subawards-procurement.htm. If a proposed procurement contract 

would exceed the simplified acquisition threshold—currently, $150,000—a recipient of 

an OJP award may not proceed without competition unless and until the recipient 

receives specific advance authorization from OJP to use a non-competitive approach for 

the procurement. An applicant that (at the time of its application) intends—without 

competition—to enter into a procurement contract that would exceed $150,000 should 

include a detailed justification that explains to OJP why, in the particular circumstances, 

it is appropriate to proceed without competition.

If the applicant receives an award, sole source procurements that do not exceed the 

Simplified Acquisition Threshold (currently $150,000) must have written justification for 

the noncompetitive procurement action maintained in the procurement file. If a 

procurement file does not have the documentation that meets the criteria outlined in 2 

C.F.R. 200, the procurement expenditures may not be allowable. Sole source 

procurement over the $150,000 Simplified Acquisition Threshold must have prior 

approval from OJP using a Sole Source Grant Adjustment Notice (GAN). Written 

documentation justifying the noncompetitive procurement must be submitted with the 

GAN and maintained in the procurement file.

d. Pre-agreement Costs

For information on pre-agreement costs, see Section B. Federal Award Information.

5. Indirect Cost Rate Agreement (if applicable)

Indirect costs may be charged to an award only if:

(a) The recipient has a current (unexpired), federally approved indirect cost rate; or

(b) The recipient is eligible to use, and elects to use, the “de minimis” indirect cost rate

described in the (DOJ) Part 200 Uniform Requirements, as set out at 2 C.F.R. 

200.414(f).

An applicant with a current (unexpired) federally approved indirect cost rate is to attach a 

copy of the indirect cost rate agreement to the application. An applicant that does not have a

current federally approved rate may request one through its cognizant federal agency, which 

will review all documentation and approve a rate for the applicant entity, or, if the applicant’s 

accounting system permits, applicants may propose to allocate costs in the direct cost 

categories.

For assistance with identifying the appropriate cognizant federal agency for indirect costs,

please contact the Office of the Chief Financial Officer (OCFO) Customer Service Center at 

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1–800–458–0786 or at ask.ocfo@usdoj.gov. If DOJ is the cognizant federal agency, 

applicants may obtain information needed to submit an indirect cost rate proposal at 

www.ojp.gov/funding/Apply/Resources/IndirectCosts.pdf.

Certain OJP recipients have the option of electing to use the “de minimis” indirect cost rate. 

An applicant that is eligible to use the “de minimis” rate that wishes to use the "de minimis" 

rate should attach written documentation to the application that advises OJP of both-- (1) the 

applicant’s eligibility to use the “de minimis” rate, and (2) its election to do so. If an eligible 

applicant elects the “de minimis” rate, costs must be consistently charged as either indirect 

or direct costs, but may not be double charged or inconsistently charged as both. The "de 

minimis" rate may no longer be used once an approved federally-negotiated indirect cost 

rate is in place. (No entity that ever has had a federally-approved negotiated indirect cost 

rate is eligible to use the "de minimis" rate.) For the “de minimis” rate requirements 

(including additional information on eligibility to elect to use the rate), see Part 200 Uniform 

Requirements, at 2 C.F.R. 200.414(f).

6. Financial Management and System of Internal Controls Questionnaire (including 

applicant disclosure of high-risk status)

Every state is required to download, complete, and submit the OJP Financial Management 

and System of Internal Controls Questionnaire (Questionnaire) located at 

https://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf as part of its application.

The Questionnaire helps OJP assess the financial management and internal control 

systems, and the associated potential risks of an applicant as part of the pre-award risk 

assessment process.

The Questionnaire should only be completed by financial staff most familiar with the 

applicant's systems, policies, and procedures in order to ensure that the correct responses 

are recorded and submitted to OJP. The responses on the Questionnaire directly impact the 

pre-award risk assessment and should accurately reflect the applicant’s financial 

management and internal control system at the time of the application. The pre-award risk 

assessment is only one of multiple factors and criteria used in determining funding. 

However, a pre-award risk assessment that indicates that an applicant poses a higher risk to 

OJP may affect the funding decision and/or result in additional reporting requirements, 

monitoring, special conditions, withholding of award funds, or other additional award 

requirements.

Among other things, the form requires each applicant to disclose whether it currently is 

designated “high risk” by a federal grant-making agency outside of DOJ. For purposes of 

this disclosure, high risk includes any status under which a federal awarding agency 

provides additional oversight due to the applicant’s past performance, or other programmatic 

or financial concerns with the applicant. If an applicant is designated high risk by another 

federal awarding agency, the applicant must provide the following information:

x The federal awarding agency that currently designates the applicant high risk.

x The date the applicant was designated high risk.

x The high risk point of contact at that federal awarding agency (name, phone number, 

and email address).

x The reasons for the high risk status, as set out by the federal awarding agency.

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OJP seeks this information to help ensure appropriate federal oversight of OJP awards. An 

applicant that is considered “high risk” by another federal awarding agency is not 

automatically disqualified from receiving an OJP award. OJP may, however, consider the 

information in award decisions, and may impose additional OJP oversight of any award 

under this solicitation (including through the conditions that accompany the award 

document).

7. Disclosure of Lobbying Activities

Each applicant must complete and submit a Disclosure of Lobbying Activities form (SF-LLL).

An applicant that expends any funds for lobbying activities is to provide all of the information 

requested on the form. An applicant that does not expend any funds for lobbying activities is 

to enter “N/A” in the text boxes for item 10 (“a. Name and Address of Lobbying Registrant” 

and “b. Individuals Performing Services”).

8. Certifications and Assurances by the Chief Executive of the Applicant Government

A JAG application is not complete, and a state may not access award funds, unless the 

chief executive of the applicant state (e.g., the governor) properly executes, and the state

submits, the “Certifications and Assurances by the Chief Executive of the Applicant 

Government” attached to this solicitation as Appendix A.

OJP will not deny an application for an FY 2018 award for failure to submit these 

“Certifications and Assurances by the Chief Executive of the Applicant Government” by the 

application deadline, but a state will not be able to access award funds (and its award will 

include a condition that withholds funds) until it submits these certifications and assurances, 

properly-executed by the chief executive of the state (e.g., the governor).

9. Certifications by the Chief Legal Officer of the Applicant Government

The chief legal officer of an applicant state (e.g., the attorney general of the state) is to 

carefully review the two certifications attached to this solicitation as Appendix B and

Appendix C. If the chief legal officer determines that he or she may execute the

certifications, the state is to submit the certifications as part of its application.

As discussed further in the Federal Award Notices section, a state applicant will be unable

to make a valid award acceptance of an FY 2018 JAG award unless and until both

properly executed certifications by its chief legal officer are received by OJP on or before the 

day the state submits an executed award document.

10. Additional Attachments

a. Information regarding Communication with the Department of Homeland Security 

(DHS) and/or Immigration and Customs Enforcement (ICE)

Each applicant must provide responses to the following questions as an attachment to 

the application:

(1) Does your jurisdiction have any laws, policies, or practices related to whether, when, 

or how employees may communicate with DHS or ICE?

(2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law 

that binds a city) that meet the description in question 1?

(3) If yes to either:

x Please provide a copy of each law or policy.

x Please describe each practice.

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SAMPLE

x Please explain how the law, policy, or practice complies with section 1373.

See Appendix E for a template that applicants may use to prepare this attachment.

Note: Responses to these questions must be provided by the applicant as part of the 

JAG application. Further, the requirement to provide this information applies to all tiers of 

JAG funding and for all subawards made to state or local government entities, including 

public institutions of higher education. All subrecipient responses must be collected and 

maintained by the direct recipient of JAG funding and must be made available to DOJ 

upon request. Responses to these questions are not required from subrecipients that are 

either a tribal government/organization, a nonprofit organization, or a private institution of 

higher education.

OJP will not deny an application for an FY 2018 award for failure to submit these 

required responses by the application deadline, but a state will not receive award funds 

(and its award will include a condition that withholds funds) until it submits these 

responses. 

b. Applicant Disclosure of Pending Applications

Each applicant is required to disclose whether it has (or is proposed as a subrecipient 

under) any pending applications for federally funded grants or cooperative agreements 

that (1) include requests for funding to support the same project being proposed in the 

application under this solicitation, and (2) would cover identical cost items outlined in the

budget submitted to OJP as part of the application under this solicitation. The applicant 

is required to disclose applications made directly to federal awarding agencies, and also 

applications for subawards of federal funds (e.g., applications to state agencies that will 

subaward (“subgrant”) federal funds).

OJP seeks this information to help avoid any inappropriate duplication of funding.

Leveraging multiple funding sources in a complementary manner to implement 

comprehensive programs or projects is encouraged and is not seen as inappropriate 

duplication.

Each applicant that has one or more pending applications as described above is to

provide the following information about pending applications submitted within the last 12 

months:

x The federal or state funding agency.

x The solicitation name/project name.

x The point of contact information at the applicable federal or state funding agency.

Federal or State

Funding Agency 

Solicitation 

Name/Project 

Name

Name/Phone/Email for Point of Contact at 

Federal or State Funding Agency

DOJ/Office of 

Community 

Oriented Policing 

Services (COPS)

COPS Hiring 

Program

Jane Doe, 202/000-0000; jane.doe@usdoj.gov

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Each applicant should include the table as a separate attachment to its application. The 

file should be named “Disclosure of Pending Applications.” The applicant Legal Name on 

the application must match the entity named on the disclosure of pending applications 

statement.

Any applicant that does not have any pending applications as described above is to

submit, as a separate attachment, a statement to this effect: “[Applicant Name on SF424] does not have (and is not proposed as a subrecipient under) any pending 

applications submitted within the last 12 months for federally-funded grants or 

cooperative agreements (or for subawards under federal grants or cooperative 

agreements) that request funding to support the same project being proposed in this 

application to OJP and that would cover identical cost items outlined in the budget 

submitted as part of this application.”

c. Research and Evaluation Independence and Integrity (if applicable)

If an application involves research (including research and development) and/or 

evaluation, the applicant must demonstrate research/evaluation independence and 

integrity, including appropriate safeguards, before it may receive award funds. The 

applicant must demonstrate independence and integrity regarding both this proposed 

research and/or evaluation, and any current or prior related projects.

Each application should include an attachment that addresses both i. and ii. below.

i. For purposes of this solicitation, each applicant is to document research and 

evaluation independence and integrity by including one of the following two 

items:

a. A specific assurance that the applicant has reviewed its application to

identify any actual or potential apparent conflicts of interest (including 

through review of pertinent information on the principal investigator, any 

co-principal investigators, and any subrecipients), and that the applicant 

has identified no such conflicts of interest—whether personal or financial 

or organizational (including on the part of the applicant entity or on the 

part of staff, investigators, or subrecipients) —that could affect the 

independence or integrity of the research, including the design, conduct, 

and reporting of the research.

OR

b. A specific description of actual or potential apparent conflicts of interest 

that the applicant has identified—including through review of pertinent 

information on the principal investigator, any co-principal investigators, 

Health & Human 

Services/ 

Substance Abuse 

& Mental Health 

Services 

Administration

Drug-Free 

Communities 

Mentoring 

Program/ North 

County Youth 

Mentoring 

Program

John Doe, 202/000-0000; john.doe@hhs.gov

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and any subrecipients—that could affect the independence or integrity of 

the research, including the design, conduct, or reporting of the research.

These conflicts may be personal (e.g., on the part of investigators or other 

staff), financial, or organizational (related to the applicant or any 

subrecipient entity). Some examples of potential investigator (or other 

personal) conflict situations are those in which an investigator would be in 

a position to evaluate a spouse’s work product (actual conflict), or an 

investigator would be in a position to evaluate the work of a former or 

current colleague (potential apparent conflict). With regard to potential 

organizational conflicts of interest, as one example, generally an 

organization would not be given an award to evaluate a project, if that 

organization had itself provided substantial prior technical assistance to 

that specific project or a location implementing the project (whether 

funded by OJP or other sources), because the organization in such an 

instance might appear to be evaluating the effectiveness of its own prior 

work. The key is whether a reasonable person understanding all of the 

facts would be able to have confidence that the results of any research or 

evaluation project are objective and reliable. Any outside personal or 

financial interest that casts doubt on that objectivity and reliability of an

evaluation or research product is a problem and must be disclosed.

ii. In addition, for purposes of this solicitation, each applicant is to address 

possible mitigation of research integrity concerns by including, at a minimum, 

one of the following two items:

a. If an applicant reasonably believes that no actual or potential apparent 

conflicts of interest (personal, financial, or organizational) exist, then the 

applicant should provide a brief narrative explanation of how and why it 

reached that conclusion. The applicant also is to include an explanation of 

the specific processes and procedures that the applicant has in place, or 

will put in place, to identify and prevent (or, at the very least, mitigate) any 

such conflicts of interest pertinent to the funded project during the period

of performance. Documentation that may be helpful in this regard may 

include organizational codes of ethics/conduct and policies regarding 

organizational, personal, and financial conflicts of interest. There is no 

guarantee that the plan, if any, will be accepted as proposed.

OR

b. If the applicant has identified actual or potential apparent conflicts of 

interest (personal, financial, or organizational) that could affect the 

independence and integrity of the research, including the design, conduct, 

or reporting of the research, the applicant is to provide a specific and 

robust mitigation plan to address each of those conflicts. At a minimum, 

the applicant is expected to explain the specific processes and 

procedures that the applicant has in place, or will put in place, to identify 

and eliminate (or, at the very least, mitigate) any such conflicts of interest 

pertinent to the funded project during the period of performance. 

Documentation that may be helpful in this regard may include 

organizational codes of ethics/conduct and policies regarding 

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organizational, personal, and financial conflicts of interest. There is no 

guarantee that the plan, if any, will be accepted as proposed.

OJP will assess research and evaluation independence and integrity based on 

considerations such as the adequacy of the applicant’s efforts to identify factors that 

could affect the objectivity or integrity of the proposed staff and/or the applicant entity

(and any subrecipients) in carrying out the research, development, or evaluation activity; 

and the adequacy of the applicant’s existing or proposed remedies to control any such 

factors.

d. State Governing Body Review 

Applicants must submit information via the Certification and Assurances by the Chief 

Executive (see Appendix A), which documents that the JAG application was made 

available for review by the governing body of the state, or to an organization designated 

by that governing body, for a period that was not less than 30 days before the 

application was submitted to BJA. The same Chief Executive Certification will also 

specify that an opportunity to comment on this application was provided to citizens prior 

to the application submission to the extent applicable law or established procedures 

make such opportunity available. In the past, this has been accomplished via submission 

of specific review dates; now OJP will only accept a governor’s certification to attest to 

these facts. States may continue to submit actual dates of review should they wish to do 

so, in addition to the submission of the Chief Executive Certification.

e. State Strategic Plan (if applicable)

For 2018 JAG applications, states are strongly encouraged to use JAG funding to 

implement programs identified in an existing statewide strategic plan. An applicant state 

should attach a current version of the state strategic plan to its application, if one 

exists. If a state does not have such a plan, the program narrative should describe the 

state’s timeline and process for developing such a strategic plan. The state strategic 

plan should describe how grants received will be used to improve the administration of 

the criminal justice system and should contain the following elements: needs statement, 

priorities to be addressed with JAG funding, objectives, action steps to achieve the 

objectives, stakeholders engaged, process used to select programs and services to 

fund, data necessary to support priorities for funding and accomplish identified 

objectives, outcomes expected, plans for program and services evaluation, and a 

detailed budget. The plan may also address barriers the state and its subrecipients face 

to collecting and using data, and to implementing and evaluating evidence informed 

approaches to preventing and reducing crime. Training and technical assistance (TTA) is 

ALERT: A recent amendment to the JAG Program statute requires that 

states create and submit a strategic plan with their FY 2019 JAG grant 

applications. The plan must be developed with input from a broad range of 

identified stakeholders; must describe evidence-based approaches used for 

planning, program implementation, and evaluation; and illustrate how the 

state will allocate funding. By law, strategic plans are to be reviewed 

annually and updated every 5 years.

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available from BJA’s TTA providers to assist states with the development of their 

strategic planning processes and plans.

To help ensure that states consider the impact of JAG funding decisions across the 

entire criminal justice system, BJA strongly encourages each state to involve all criminal 

justice system stakeholders in the strategic planning process. The strategic planning 

process should reflect input from all segments of the criminal justice system including 

local governments, judges, prosecutors, law enforcement and corrections personnel, 

providers of indigent defense services, victim services, juvenile justice and delinquency 

prevention programs, parole and probation services, and reentry services. For more 

information, see the National Criminal Justice Association Justice Planning website at

http://www.ncja.org/ncja-services.

How to Apply

An applicant must submit its application through the Grants Management System (GMS), which

provides support for the application, award, and management of awards at OJP. Each applicant

entity must register in GMS for each specific funding opportunity. Although the registration 

and submission deadlines are the same, OJP urges each applicant entity to register promptly,

especially if this is the first time the applicant is using the system. Find complete instructions on 

how to register and submit an application in GMS at www.ojp.gov/gmscbt/. An applicant that 

experiences technical difficulties during this process should email GMS.HelpDesk@usdoj.gov or 

call 888-549-9901 (option 3), 24 hours every day, including during federal holidays. OJP

recommends that each applicant register promptly to prevent delays in submitting an

application package by the deadline.

Note on File Types: GMS does not accept executable file types as application 

attachments. These disallowed file types include, but are not limited to, the following 

extensions: “.com,” “.bat,” “.exe,” “.vbs,” “.cfg,” “.dat,” “.db,” “.dbf,” “.dll,” “.ini,” “.log,” “.ora,” “.sys,” 

and “.zip.” GMS may reject applications with files that use these extensions. It is important to 

allow time to change the type of file(s) if the application is rejected.

Unique Entity Identifier (DUNS Number) and System for Award Management (SAM)

Every applicant entity must comply with all applicable System for Award Management (SAM) 

and unique entity identifier (currently, a Data Universal Numbering System [DUNS] number) 

requirements. SAM is the repository for certain standard information about federal financial 

assistance applicants, recipients, and subrecipients. A DUNS number is a unique nine-digit 

identification number provided by the commercial company Dun and Bradstreet. More detailed 

information about SAM and the DUNS number is in the numbered sections below.

If an applicant entity has not fully complied with the applicable SAM and unique identifier 

requirements by the time OJP makes award decisions, OJP may determine that the applicant is 

not qualified to receive an award and may use that determination as a basis for making the 

award to a different applicant.

If the applicant entity already has an Employer Identification Number (EIN), the SAM registration 

will take up to two weeks to process. If the entity does not have an EIN, then the applicant 

should allow two to five weeks for obtaining the information from IRS when requesting 

the EIN via phone, fax, mail or Internet. For more information about EIN, visit 

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin.

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Registration and Submission Steps

All applicants should complete the following steps:

1. Acquire a unique entity identifier (currently, a DUNS number). In general, the Office of 

Management and Budget requires every applicant for a federal award (other than an 

individual) to include a "unique entity identifier" in each application, including an application 

for a supplemental award. Currently, a DUNS number is the required unique entity identifier. 

This unique entity identifier is used for tracking purposes, and to validate address and point 

of contact information for applicants, recipients, and subrecipients. It will be used throughout 

the life cycle of an OJP award. Obtaining a DUNS number is a free, one-time activity. Call 

Dun and Bradstreet at 866–705–5711 to obtain a DUNS number or apply online at 

www.dnb.com/. A DUNS number is usually received within 2 business days.

2. Acquire or maintain registration with SAM. Any applicant for an OJP award creating a 

new entity registration (or updating or renewing a registration) in SAM.gov must submit an

original, signed notarized letter appointing the authorized Entity Administrator within thirty 

(30) days of the registration activation. Notarized letters must be submitted via U.S. 

Postal Service Mail. Read the Alert at www.sam.gov to learn more about what is 

required in the notarized letter, and read the Frequently Asked Questions (FAQs) at 

www.gsa.gov/samupdate to learn more about this process change.

All applicants for OJP awards (other than individuals) with current registration in SAM must 

maintain current registrations in the SAM database. Applicants will need the authorizing 

official of the organization and an Employer Identification Number (EIN). 

Information about SAM registration procedures can be accessed at www.sam.gov.

3. Acquire a GMS username and password. New users must create a GMS profile by 

selecting the “First Time User” link under the sign-in box of the GMS home page. For more 

information on how to register in GMS, go to www.ojp.gov/gmscbt. Previously registered 

applicants should ensure, prior to applying, that the user profile information is up-to-date in 

GMS (including, but not limited to, address, legal name of agency and authorized 

representative) as this information is populated in any new application.

4. Verify the SAM (formerly CCR) registration in GMS. OJP requires each applicant to verify 

its SAM registration in GMS. Once logged into GMS, click the “CCR Claim” link on the left 

side of the default screen. Click the submit button to verify the SAM (formerly CCR)

registration.

5. Search for the funding opportunity on GMS. After logging into GMS or completing the 

GMS profile for username and password, go to the “Funding Opportunities” link on the left 

side of the page. Select “BJA” and “FY 18 Edward Byrne Memorial Justice Assistance 

Grant (JAG) Program.”

6. Register by selecting the “Apply Online” button associated with the funding 

opportunity title. The search results from step 5 will display the “funding opportunity” 

(solicitation) title along with the registration and application deadlines for this solicitation.

Select the “Apply Online” button in the “Action” column to register for this solicitation and 

create an application in the system.

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7. Follow the directions in GMS to submit an application consistent with this 

solicitation. Once the application is submitted, GMS will display a confirmation screen 

stating the submission was successful. Important: In some instances, an applicant must 

wait for GMS approval before submitting an application. OJP urges each applicant to submit 

its application at least 72 hours prior to the application due date.

Note: Application Versions

If an applicant submits multiple versions of the same application, OJP will review only the most 

recent system-validated version submitted.

Experiencing Unforeseen GMS Technical Issues

An applicant that experiences unforeseen GMS technical issues beyond its control that prevent 

it from submitting its application by the deadline may contact the GMS Help Desk or the SAM 

Help Desk (Federal Service Desk) at https://www.fsd.gov/fsd-gov/home.do to report the 

technical issue and receive a tracking number. The applicant is expected to email the NCJRS 

Response Center identified in the Contact Information section on the title page within 24 hours 

after the application deadline to request approval to submit its application after the deadline.

The applicant’s email must describe the technical difficulties, and must include a timeline of the 

applicant’s submission efforts, the complete grant application, the applicant’s DUNS number, 

and any GMS Help Desk or SAM tracking number(s).

Note: OJP does not automatically approve requests to submit a late application. After 

OJP reviews the applicant’s request, and contacts the GMS Help Desk to verify the reported 

technical issues, OJP will inform the applicant whether the request to submit a late application 

has been approved or denied. If OJP determines that the untimely application submission was 

due to the applicant’s failure to follow all required procedures, OJP will deny the applicant’s 

request to submit its application.

The following conditions generally are insufficient to justify late submissions to OJP solicitations:

x Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can 

take as long as 10 business days to complete).

x Failure to follow GMS instructions on how to register and apply as posted on the GMS 

website.

x Failure to follow each instruction in the OJP solicitation.

x Technical issues with the applicant’s computer or information technology environment, 

such as issues with firewalls.

E. Application Review Information

Review Process

OJP is committed to ensuring a fair and open process for making awards. BJA reviews the 

application to make sure that the information presented is reasonable, understandable, 

measurable, and achievable, as well as consistent with the solicitation. BJA will also review 

applications to help ensure that JAG program-statute requirements have been met.

Pursuant to the Part 200 Uniform Requirements, before award decisions are made, OJP also 

reviews information related to the degree of risk posed by applicants. Among other things, to

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help assess whether an applicant that has one or more prior federal awards has a satisfactory 

record with respect to performance, integrity, and business ethics, OJP checks whether the 

applicant is listed in SAM as excluded from receiving a federal award.

In addition, if OJP anticipates that an award will exceed $150,000 in federal funds, OJP also 

must review and consider any information about the applicant that appears in the non-public 

segment of the integrity and performance system accessible through SAM (currently, the 

Federal Awardee Performance and Integrity Information System; "FAPIIS").

Important note on FAPIIS: An applicant, at its option, may review and comment on any 

information about itself that currently appears in FAPIIS and was entered by a federal awarding 

agency. OJP will consider any such comments by the applicant, in addition to the other 

information in FAPIIS, in its assessment of the risk posed by the applicant. The evaluation of 

risks goes beyond information in SAM, however. OJP itself has in place a framework for 

evaluating risks posed by applicants. OJP takes into account information pertinent to matters 

such as:

(1) Applicant financial stability and fiscal integrity

(2) Quality of the management systems of the applicant, and the applicant’s ability to meet 

prescribed management standards, including those outlined in the DOJ Grants Financial 

Guide

(3) Applicant’s history of performance under OJP and other DOJ awards (including 

compliance with reporting requirements and award conditions), as well as awards from 

other federal agencies

(4) Reports and findings from audits of the applicant, including audits under the (DOJ) Part 

200 Uniform Requirements

(5) Applicant's ability to comply with statutory and regulatory requirements, and to effectively 

implement other award requirements

Absent explicit statutory authorization or written delegation of authority to the contrary, the 

Assistant Attorney General will make all final award decisions.

F. Federal Award Administration Information

Federal Award Notices

Award notifications are expected to be made by September 30, 2018. OJP sends award 

notification by email through GMS to the individuals listed in the application as the point of 

contact and the authorizing official. The email notification includes detailed instructions on how 

to access and view the award documents, and steps to take in GMS to start the award 

acceptance process. GMS automatically issues the notifications at 9:00 p.m. eastern time on 

the award date.

NOTE: In order to validly accept an award under the FY 2018 JAG Program, a state must 

submit to GMS the certifications by its chief legal officer regarding compliance with certain 

federal laws, executed using the forms that appear in Appendices B and C. (The forms also may 

be downloaded at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm.) Unless 

the executed certifications either (1) are submitted to OJP together with the signed award 

document or (2) are uploaded in GMS no later than the day the signed award document is 

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submitted, OJP will reject as invalid any submission by a state that purports to accept an 

award under this solicitation.

Rejection of an initial submission as an invalid award acceptance is not a denial of the award.

Consistent with award requirements, once the state does submit the necessary certifications

regarding compliance with certain federal laws, the state will be permitted to submit an award 

document executed by the state on or after the date of those certifications.

Also, in order for a state applicant to validly accept an award under the FY 2018 JAG Program, 

an individual with the necessary authority to bind the applicant will be required to log in; execute 

a set of legal certifications and a set of legal assurances; designate a financial point of contact; 

thoroughly review the award, including all award conditions; and sign and accept the award. 

The award acceptance process requires physical signature of the award document by the 

authorized representative and the scanning of the fully executed award document (along with 

the required certifications regarding compliance with certain federal laws, if not already 

uploaded in GMS) to OJP.

Statutory and Regulatory Requirements; Award Conditions

If selected for funding, in addition to implementing the funded project consistent with the OJPapproved application, the recipient must comply with award conditions, as well as all applicable

requirements of federal statutes and regulations (including applicable requirements referred to 

in the assurances and certifications executed at the time of award acceptance). OJP strongly 

encourages prospective applicants to review information on post-award legal requirements and 

common OJP award conditions prior to submitting an application.

OJP strongly encourages prospective applicants to review information on post-award legal 

requirements generally applicable to FY 2018 OJP awards and common OJP award conditions 

prior to submitting an application.

Applicants should consult the “Overview of Legal Requirements Generally Applicable to OJP 

Grants and Cooperative Agreements - FY 2018 Awards”, available in the OJP Funding 

Resource Center at https://ojp.gov/funding/index.htm. In addition, applicants should examine the 

following two legal documents, as each successful applicant must execute both documents 

before it may receive any award funds. (An applicant is not required to submit these documents 

as part of an application.)

x Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility 

Matters; and Drug-Free Workplace Requirements

x Certified Standard Assurances

The web pages accessible through the “Overview of Legal Requirements Generally Applicable 

to OJP Grants and Cooperative Agreements - FY 2018 Awards” are intended to give applicants 

for OJP awards a general overview of important statutes, regulations, and award conditions that 

apply to many (or in some cases, all) OJP grants and cooperative agreements awarded in FY 

2018. Individual OJP awards typically also will include additional award conditions. Those 

additional conditions may relate to the particular statute, program, or solicitation under which the 

award is made; to the substance of the funded application; to the recipient's performance under 

other federal awards; to the recipient's legal status (e.g., as a for-profit entity); or to other 

pertinent considerations.

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Individual FY 2018 awards made pursuant to this solicitation will, as appropriate and to the 

extent consistent with law, include conditions that will require the recipient (and any 

subrecipient) that accepts the award to do various things, with respect to the “program or 

activity” that would receive federal financial assistance thereunder. Although the specific 

terms of each of those conditions are what will govern the awards, included among such 

conditions will be some that, generally speaking, will require the recipient (and any 

subrecipient) that accepts the award to do some or all of the following:

x Not to violate 8 U.S.C. § 1373 (prohibiting restrictions on—

(1) communication to/from the Department of Homeland Security (“DHS”) of information 

regarding the citizenship or immigration status of any individual; and

(2) maintaining, or exchanging with any government entity, information regarding the 

immigration status of any individual).

x Not to violate 8 U.S.C. § 1644 (prohibiting restrictions on communication to/from DHS of 

information regarding the immigration status of an alien).

x Not to violate, or aid or abet any violation of, 8 U.S.C. § 1324(a) (forbidding any “person,” in 

“knowing or in reckless disregard of the fact that an alien has come to, entered, or remains 

in the United States in violation of law,” to “conceal, harbor, or shield from detection, or 

attempt to conceal, harbor, or shield from detection, such alien in any place, including any 

building or any means of transportation” or to “engage in any conspiracy to commit any of 

the preceding acts. . .“or aid or abet the commission of any of the preceding acts”).

x Not to impede the exercise of the authority of the federal government under 8 U.S.C. 

§ 1266(a) & (c) (authorizing arrest and detention of certain aliens and providing that the 

federal government “shall take into custody” certain criminal aliens “when the alien is 

released”) and 8 U.S.C. § 1231(a)(4) (relating to removal from the United States of aliens after 

detention/confinement at the federal, state, and local level), specifically by requiring such 

recipients to provide (where feasible) at least 48 hours’ advance notice to DHS regarding the 

scheduled release date and time of an alien in the recipient’s custody when DHS requests 

such notice in order to take custody of the alien pursuant to the Immigration and Nationality 

Act. 

x Not to impede the exercise by DHS agents, “anywhere in or outside the United States” (8 

C.F.R. § 287.5(a)(1)), of their authority under 8 U.S.C. § 1357(a)(1) to “interrogate any alien or 

person believed to be an alien as to his right to be or to remain in the United States,” 

specifically by requiring such recipients to permit DHS agents to have access to any 

correctional facility in order to meet with an alien (or an individual believed to be an alien) and 

inquire as to his right to be or remain in the United States. 

The reasonable costs (to the extent not reimbursed under any other federal program) of 

complying with these conditions, including honoring any duly authorized request from DHS that 

is encompassed by these conditions, will be allowable costs under the award.

General Information about Post-federal Award Reporting Requirements

In addition to the deliverables described in Section A. Program Description, any recipient of an 

award under this solicitation will be required to submit the following reports and data.

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Required reports. Recipients typically must submit quarterly financial status reports, semiannual progress reports, final financial and progress reports, and, if applicable, an annual audit 

report in accordance with the Part 200 Uniform Requirements or specific award conditions.

Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate 

cases, OJP may require additional reports.)

Awards that exceed $500,000 will include an additional condition that, under specific 

circumstances, will require the recipient to report (to FAPIIS) information on civil, criminal, and 

administrative proceedings connected with (or connected to the performance of) either the OJP 

award or any other grant, cooperative agreement, or procurement contract from the federal 

government. Additional information on this reporting requirement appears in the text of the

award condition posted on the OJP website at https://ojp.gov/funding/FAPIIS.htm.

Data on performance measures. In addition to required reports, each award recipient also must 

provide data that measure the results of the work done under the award. To demonstrate 

program progress and success, as well as to assist DOJ with fulfilling its responsibilities under 

the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the 

GPRA Modernization Act of 2010, Public Law 111–352, OJP will require any award recipient, 

post award, to provide performance data as part of regular progress reporting. Successful 

applicants will be required to access OJP’s performance measurement page at 

www.ojp.gov/performance for an overview of performance measurement activities at OJP.

Accountability metrics data must be submitted through BJA’s Performance Measurement Tool

(PMT), available at https://bjapmt.ojp.gov. The accountability measures are available at:

https://bjapmt.ojp.gov/help/jagdocs.html. (Note that if a law enforcement agency receives JAG 

funds from a state, the state must submit quarterly accountability metrics data related to training 

that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and 

constructive engagement with the public.)

OJP may restrict access to award funds if a recipient of an OJP award fails to report required 

performance measure data in a timely manner.

G. Federal Awarding Agency Contact(s)

For OJP contact(s), see the title page of this solicitation.

For contact information for GMS, see the title page.

H. Other Information

Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)

All applications submitted to OJP (including all attachments to applications) are subject to the 

federal Freedom of Information Act (FOIA) and to the Privacy Act. By law, DOJ may withhold 

information that is responsive to a request pursuant to FOIA if DOJ determines that the 

responsive information either is protected under the Privacy Act or falls within the scope of one 

of nine statutory exemptions under FOIA. DOJ cannot agree in advance of a request pursuant 

to FOIA not to release some or all portions of an application.

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In its review of records that are responsive to a FOIA request, OJP will withhold information in 

those records that plainly falls within the scope of the Privacy Act or one of the statutory 

exemptions under FOIA. (Some examples include certain types of information in budgets, and 

names and contact information for project staff other than certain key personnel.) In appropriate 

circumstances, OJP will request the views of the applicant/recipient that submitted a responsive 

document. 

For example, if OJP receives a request pursuant to FOIA for an application submitted by a 

nonprofit or for-profit organization or an institution of higher education, or for an application that 

involves research, OJP typically will contact the applicant/recipient that submitted the 

application and ask it to identify—quite precisely—any particular information in the application 

that applicant/recipient believes falls under a FOIA exemption, the specific exemption it believes 

applies, and why. After considering the submission by the applicant/recipient, OJP makes an 

independent assessment regarding withholding information. OJP generally follows a similar 

process for requests pursuant to FOIA for applications that may contain law-enforcement 

sensitive information.

Provide Feedback to OJP

To assist OJP in improving its application and award processes, OJP encourages applicants to 

provide feedback on this solicitation, the application submission process, and/or the application 

review process. Provide feedback to OJPSolicitationFeedback@usdoj.gov.

IMPORTANT: This email is for feedback and suggestions only. OJP does not reply to 

messages it receives in this mailbox. A prospective applicant that has specific questions on any 

program or technical aspect of the solicitation must use the appropriate telephone number or 

email listed on the front of this solicitation document to obtain information. These contacts are 

provided to help ensure that prospective applicants can directly reach an individual who can 

address specific questions in a timely manner.

If you are interested in being a reviewer for other OJP grant applications, please email your 

résumé to ojpprsupport@usdoj.gov. (Do not send your résumé to the OJP Solicitation Feedback 

email account.) Note: Neither you nor anyone else from your organization or entity can be a 

peer reviewer in a competition in which you or your organization/entity has submitted an 

application.

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Appendix A

Certifications and Assurances by the Chief Executive of the Applicant Government 

Template for use by the chief executive of the state (e.g., the governor)

Visit https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm to download the most 

up-to-date version.

Note: By law, for purposes of the JAG Program, the term “states” includes the District of 

Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S. Virgin 

Islands, Guam, and American Samoa.

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Appendix B 

State or Local Government: 

Certification of Compliance with 8 U.S.C. §§ 1373 and 1644

Template for use by the chief legal officer of the state (e.g., the attorney general)

Visit https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm to download the most 

up-to-date version.

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Appendix C

State or Local Government:

Certification of Compliance with 8 U.S.C. §§ 1226(a) & (c), 1231(a)(4), 1324(a), 1357(a), 

and 1366(1) & (3)

Template for use by the chief legal officer of the state (e.g., the attorney general)

Visit https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm to download the most 

up-to-date version.

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Appendix D 

Certain relevant federal laws, as in effect on June 7, 2018

8 U.S.C. § 1373 

Communication between government agencies and the Immigration and Naturalization 

Service

(a) In general

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local

government entity or official may not prohibit, or in any way restrict, any government entity or

official from sending to, or receiving from, the Immigration and Naturalization Service

information regarding the citizenship or immigration status, lawful or unlawful, of any

individual.

(b) Additional authority of government entities

Notwithstanding any other provision of Federal, State, or local law, no person or agency may

prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of

the following with respect to information regarding the immigration status, lawful or unlawful,

of any individual:

(1) Sending such information to, or requesting or receiving such information from, the

Immigration and Naturalization Service.

(2) Maintaining such information.

(3) Exchanging such information with any other Federal, State, or local government entity.

(c) Obligation to respond to inquiries

The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or

local government agency, seeking to verify or ascertain the citizenship or immigration status

of any individual within the jurisdiction of the agency for any purpose authorized by law, by

providing the requested verification or status information.

8 U.S.C. § 1644

Communication between State and local government agencies and Immigration and 

Naturalization Service

Notwithstanding any other provision of Federal, State, or local law, no State or local government 

entity may be prohibited, or in any way restricted, from sending to or receiving from the 

Immigration and Naturalization Service information regarding the immigration status, lawful or 

unlawful, of an alien in the United States.

8 U.S.C. § 1226(a) & (c)

Apprehension and detention of aliens

(a) Arrest, detention, and release

On a warrant issued by the Attorney General, an alien may be arrested and detained pending a

decision on whether the alien is to be removed from the United States. Except as provided in

subsection (c) and pending such decision, the Attorney General--

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(1) may continue to detain the arrested alien; and

(2) may release the alien on--

(A) bond of at least $1,500 with security approved by, and containing conditions

prescribed by, the Attorney General; or

(B) conditional parole; but

(3) may not provide the alien with work authorization (including an “employment 

authorized” endorsement or other appropriate work permit), unless the alien is 

lawfully admitted for permanent residence or otherwise would (without regard to 

removal proceedings) be provided such authorization.

***

(c) Detention of criminal aliens

(1) Custody

The Attorney General shall take into custody any alien who--

(A) is inadmissible by reason of having committed any offense covered in section 

1182(a)(2) of this title,

(B) is deportable by reason of having committed any offense covered in section 

1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,

(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an 

offense for which the alien has been sentence1 to a term of imprisonment of at 

least 1 year, or

(D) is inadmissible under section 1182(a)(3)(B) of this title or deportable under 

section 1227(a)(4)(B) of this title,

when the alien is released, without regard to whether the alien is released on parole, 

supervised release, or probation, and without regard to whether the alien may be arrested 

or imprisoned again for the same offense.

(2) Release

The Attorney General may release an alien described in paragraph (1) only if the Attorney 

General decides pursuant to section 3521 of Title 18 that release of the alien from custody 

is necessary to provide protection to a witness, a potential witness, a person cooperating 

with an investigation into major criminal activity, or an immediate family member or close 

associate of a witness, potential witness, or person cooperating with such an investigation, 

and the alien satisfies the Attorney General that the alien will not pose a danger to the 

safety of other persons or of property and is likely to appear for any scheduled proceeding. 

A decision relating to such release shall take place in accordance with a procedure that 

considers the severity of the offense committed by the alien.

8 U.S.C. § 1231(a)(4)

(a) Detention, release, and removal of aliens ordered removed

***

4) Aliens imprisoned, arrested, or on parole, supervised release, or probation

(A) In general

Except as provided in section 259(a) of title 42 and paragraph (2), the Attorney General 

may not remove an alien who is sentenced to imprisonment until the alien is released 

from imprisonment. Parole, supervised release, probation, or possibility of arrest or 

further imprisonment is not a reason to defer removal.

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(B) Exception for removal of nonviolent offenders prior to completion of sentence of 

imprisonment

The Attorney General is authorized to remove an alien in accordance with applicable 

procedures under this chapter before the alien has completed a sentence of 

imprisonmenti. in the case of an alien in the custody of the Attorney General, if the Attorney 

General determines that (I) the alien is confined pursuant to a final conviction for a 

nonviolent offense (other than an offense related to smuggling or harboring of 

aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this 

title and (II) the removal of the alien is appropriate and in the best interest of the 

United States; or

ii. in the case of an alien in the custody of a State (or a political subdivision of a 

State), if the chief State official exercising authority with respect to the 

incarceration of the alien determines that (I) the alien is confined pursuant to a 

final conviction for a nonviolent offense (other than an offense described in section 

1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best 

interest of the State, and (III) submits a written request to the Attorney General 

that such alien be so removed.

(C) Notice

Any alien removed pursuant to this paragraph shall be notified of the penalties under the 

laws of the United States relating to the reentry of deported aliens, particularly the 

expanded penalties for aliens removed under subparagraph (B).

(D) No private right

No cause or claim may be asserted under this paragraph against any official of the 

United States or of any State to compel the release, removal, or consideration for 

release or removal of any alien.

8 U.S.C. § 1324(a)

Bringing in and harboring certain aliens

(a) Criminal penalties

(1)(A) Any person who—

i. knowing that a person is an alien, brings to or attempts to bring to the United 

States in any manner whatsoever such person at a place other than a designated 

port of entry or place other than as designated by the Commissioner, regardless 

of whether such alien has received prior official authorization to come to, enter, 

or reside in the United States and regardless of any future official action which 

may be taken with respect to such alien;

ii. knowing or in reckless disregard of the fact that an alien has come to, entered, or 

remains in the United States in violation of law, transports, or moves or attempts 

to transport or move such alien within the United States by means of 

transportation or otherwise, in furtherance of such violation of law;

iii. knowing or in reckless disregard of the fact that an alien has come to, entered, or 

remains in the United States in violation of law, conceals, harbors, or shields 

from detection, or attempts to conceal, harbor, or shield from detection, such 

alien in any place, including any building or any means of transportation;

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iv. encourages or induces an alien to come to, enter, or reside in the United States, 

knowing or in reckless disregard of the fact that such coming to, entry, or 

residence is or will be in violation of law; or

v. (v)(I) engages in any conspiracy to commit any of the preceding acts, or

vi. (II) aids or abets the commission of any of the preceding acts, shall be punished 

as provided in subparagraph (B).

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a 

violation occurs—

I. in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a 

violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the 

purpose of commercial advantage or private financial gain, be fined under title 

18, imprisoned not more than 10 years, or both;

II. in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under 

title 18, imprisoned not more than 5 years, or both;

III. in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in 

relation to which the person causes serious bodily injury (as defined in section 

1365 of title 18) to, or places in jeopardy the life of, any person, be fined under 

title 18, imprisoned not more than 20 years, or both; and

IV. in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the 

death of any person, be punished by death or imprisoned for any term of years or 

for life, fined under title 18, or both.

(C) It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of 

subparagraph (A) except where a person encourages or induces an alien to come to 

or enter the United States, for a religious denomination having a bona fide nonprofit, 

religious organization in the United States, or the agents or officers of such 

denomination or organization, to encourage, invite, call, allow, or enable an alien who 

is present in the United States to perform the vocation of a minister or missionary for 

the denomination or organization in the United States as a volunteer who is not 

compensated as an employee, notwithstanding the provision of room, board, travel, 

medical assistance, and other basic living expenses, provided the minister or 

missionary has been a member of the denomination for at least one year.

(2) Any person who, knowing or in reckless disregard of the fact that an alien has not 

received prior official authorization to come to, enter, or reside in the United States, brings to or 

attempts to bring to the United States in any manner whatsoever, such alien, regardless of any 

official action which may later be taken with respect to such alien shall, for each alien in respect 

to whom a violation of this paragraph occurs-

(A) be fined in accordance with title 18 or imprisoned not more than one year, or 

both; or

(B) in the case of-

(i) an offense committed with the intent or with reason to believe that the alien 

unlawfully brought into the United States will commit an offense against the United

States or any State punishable by imprisonment for more than 1 year,

(ii) an offense done for the purpose of commercial advantage or private financial 

gain, or

(iii) an offense in which the alien is not upon arrival immediately brought and 

presented to an appropriate immigration officer at a designated port of entry,

be fined under title 18 and shall be imprisoned, in the case of a first or second violation of 

subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of 

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subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other 

violation, not less than 5 nor more than 15 years.

(3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 

10 individuals with actual knowledge that the individuals are aliens described in subparagraph 

(B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.

(B) An alien described in this subparagraph is an alien who-

(i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and

(ii) has been brought into the United States in violation of this subsection.

(4) In the case of a person who has brought aliens into the United States in violation of this 

subsection, the sentence otherwise provided for may be increased by up to 10 years if-

(A) the offense was part of an ongoing commercial organization or enterprise;

(B) aliens were transported in groups of 10 or more; and

(C)(i) aliens were transported in a manner that endangered their lives; or

(ii) the aliens presented a life-threatening health risk to people in the United States.

8 U.S.C. § 1357(a)

Powers of immigration officers and employees

(a) Any officer or employee of the Service authorized under regulations prescribed by the 

Attorney General shall have power without warrant—

(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain 

in the United States;

(2) to arrest any alien who in his presence or view is entering or attempting to enter the 

United States in violation of any law or regulation made in pursuance of law regulating the 

admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the United 

States, if he has reason to believe that the alien so arrested is in the United States in 

violation of any such law or regulation and is likely to escape before a warrant can be 

obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for 

examination before an officer of the Service having authority to examine aliens as to their 

right to enter or remain in the United States;

(3) within a reasonable distance from any external boundary of the United States, to board 

and search for aliens any vessel within the territorial waters of the United States and any 

railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five miles 

from any such external boundary to have access to private lands, but not dwellings, for 

the purpose of patrolling the border to prevent the illegal entry of aliens into the United 

States;

(4) to make arrests for felonies which have been committed and which are cognizable under 

any law of the United States regulating the admission, exclusion, expulsion, or removal of 

aliens, if he has reason to believe that the person so arrested is guilty of such felony and 

if there is likelihood of the person escaping before a warrant can be obtained for his 

arrest, but the person arrested shall be taken without unnecessary delay before the 

nearest available officer empowered to commit persons charged with offenses against the 

laws of the United States; and

(5) to make arrests-

(6) for any offense against the United States, if the offense is committed in the officer's or 

employee's presence, or

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(7) for any felony cognizable under the laws of the United States, if the officer or employee 

has reasonable grounds to believe that the person to be arrested has committed or is 

committing such a felony,

(8) if the officer or employee is performing duties relating to the enforcement of the 

immigration laws at the time of the arrest and if there is a likelihood of the person 

escaping before a warrant can be obtained for his arrest.

Under regulations prescribed by the Attorney General, an officer or employee of the Service 

may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or 

other process issued under the authority of the United States. The authority to make arrests 

under paragraph (5)(B) shall only be effective on and after the date on which the Attorney 

General publishes final regulations which (i) prescribe the categories of officers and 

employees of the Service who may use force (including deadly force) and the circumstances 

under which such force may be used, (ii) establish standards with respect to enforcement 

activities of the Service, (iii) require that any officer or employee of the Service is not 

authorized to make arrests under paragraph (5)(B) unless the officer or employee has 

received certification as having completed a training program which covers such arrests and 

standards described in clause (ii), and (iv) establish an expedited, internal review process for 

violations of such standards, which process is consistent with standard agency procedure 

regarding confidentiality of matters related to internal investigations.

8 U.S.C. § 1366(1) & (3)

Annual report on criminal aliens

Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney 

General shall submit to the Committees on the Judiciary of the House of Representatives and of 

the Senate a report detailing—

(1) the number of illegal aliens incarcerated in Federal and State prisons for having committed 

felonies, stating the number incarcerated for each type of offense;

***

(3) programs and plans underway in the Department of Justice to ensure the prompt removal 

from the United States of criminal aliens subject to removal; 

***.

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Appendix E

Information regarding Communication with the Department of Homeland Security (DHS) 

and/or Immigration and Customs Enforcement (ICE)

Each applicant must provide responses to the following questions as an attachment to the 

application:

(1) Does your jurisdiction have any laws, policies, or practices related to whether, when, 

or how employees may communicate with DHS or ICE?

(2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law 

that binds a city) that meet the description in question 1?

(3) If yes to either:

x Please provide a copy of each law or policy;

x Please describe each practice; and

x Please explain how the law, policy, or practice complies with section 1373.

Note: Responses to these questions must be provided by the applicant to BJA as part of the 

JAG application. Further, the requirement to provide this information applies to all tiers of JAG 

funding, for all subawards made to state or local government entities, including public 

institutions of higher education. All subrecipient responses must be collected and maintained by 

the direct recipient of JAG funding and must be made available to DOJ upon request. 

Responses to these questions are not required from subrecipients that are either a tribal 

government/organization, a nonprofit organization, or a private institution of higher education. 

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Appendix F

Additional purposes for which JAG funds awarded to a state under this FY 2018 solicitation may 

be used:

(a) To enforce state and local laws that establish offenses similar to offenses 

established in 21 U.S.C. § 801 et seq., to improve the functioning of the criminal justice

system, with emphasis on violent crime and serious offenders, by means including 

providing additional personnel, equipment, training, technical assistance, and 

information systems for the more widespread apprehension, prosecution, adjudication, 

detention, and rehabilitation of persons who violate these laws, and to assist the victims 

of such crimes (other than compensation), including—

(1) demand-reduction education programs in which law enforcement 

officers participate;

(2) multi-jurisdictional task-force programs that integrate federal, 

state, and local drug-law-enforcement agencies and prosecutors for the purpose 

of enhancing inter-agency co-ordination and intelligence, and facilitating multijurisdictional investigations;

(3) programs designed to target the domestic sources of controlled

and illegal substances, such as precursor chemicals, diverted pharmaceuticals, 

clandestine laboratories, and cannabis cultivations;

(4) providing community and neighborhood programs that assist 

citizens in preventing and controlling crime, including special programs that 

address the problems of crimes committed against the elderly and special 

programs for rural jurisdictions;

(5) disrupting illicit commerce in stolen goods and property;

(6) improving the investigation and prosecution of white-collar crime,

organized crime, public-corruption crimes, and fraud against the government, 

with priority attention to cases involving drug-related official corruption;

(7)(A) improving the operational effectiveness of law enforcement 

through the use of crime-analysis techniques, street-sales enforcement, 

schoolyard-violator programs, and gang-related and low-income-housing drugcontrol programs; and

(B) developing and implementing anti-terrorism plans for deepdraft ports, international airports, and other important facilities;

(8) career-criminal prosecution programs, including the development 

of proposed model drug-control legislation;

(9) financial investigative programs that target the identification of 

money-laundering operations and assets obtained through illegal drug trafficking, 

including the development of proposed model legislation, financial investigative 

training, and financial information-sharing systems;

(10) improving the operational effectiveness of the court process, by 

expanding prosecutorial, defender, and judicial resources, and implementing 

court-delay-reduction programs;’

(11) programs designed to provide additional public correctional 

resources and improve the corrections system, including treatment in prisons and 

jails, intensive-supervision programs, and long-range corrections and sentencing 

strategies;

(12) providing prison-industry projects designed to place inmates in a 

realistic working and training environment that will enable them to acquire 

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marketable skills and to make financial payments for restitution to their victims, 

for support of their own families, and for support of themselves in the institution;

(13) providing programs that identify and meet the treatment needs of 

adult and juvenile drug-dependent and alcohol-dependent offenders;

(14) developing and implementing programs that provide assistance to 

jurors and witnesses, and assistance (other than compensation) to victims of 

crimes;

(15)(A) developing programs to improve drug-control technology, such as 

pretrial drug-testing programs, programs that provide for the identification, 

assessment, referral to treatment, case-management and monitoring of drugdependent offenders, and enhancement of state and local forensic laboratories; 

and

(B) developing programs to improve criminal justice

information systems (including automated fingerprint identification 

systems) to assist law enforcement, prosecution, courts, and corrections 

organizations;

(16) innovative programs that demonstrate new and different 

approaches to enforcement, prosecution, and adjudication of drug offenses and 

other serious crimes;

(17) addressing the problems of drug trafficking and the illegal 

manufacture of controlled substances in public housing;

(18) improving the criminal and juvenile justice system’s response to 

domestic and family violence, including spouse abuse, child abuse, and abuse of 

the elderly;

(19) drug-control evaluation programs that the state and units of local 

government may utilize to evaluate programs and projects directed at state drugcontrol activities;

(20) providing alternatives to prevent detention, jail, and prison for 

persons who pose no danger to the community;

(21) programs of which the primary goal is to strengthen urban 

enforcement and prosecution efforts targeted at street drug sales;

(22) programs for the prosecution of driving while intoxicated charges 

and the enforcement of other laws relating to alcohol use and the operation of 

motor vehicles;

(23) programs that address the need for effective bindover systems for 

the prosecution of violent 16- and 17-year-old juveniles, in courts with jurisdiction 

over adults, for the crimes of—

(A) murder in the first degree;

(B) murder in the second degree;

(C) attempted murder;

(D) armed robbery when armed with a firearm;

(E) aggravated battery or assault when armed with a firearm;

(F) criminal sexual penetration when armed with a firearm; and

(G) drive-by shootings as described 18 U.S.C. § 36;

(24) law-enforcement and prevention programs relating to gangs or to 

youth who are involved or at risk of involvement in gangs;

(25) developing or improving, in a forensic laboratory, a capability to 

analyze DNA for identification purposes; and

(26) developing and implementing anti-terrorism training programs and 

procuring equipment for use by local law-enforcement authorities; and

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(b) To reduce crime and improve public safety, including but not limited to, 

the following:

(1)(A) hiring, training, and employing on a continuing basis new, 

additional law enforcement officers and necessary support personnel;

(B) paying overtime to presently-employed law enforcement 

officers and necessary support personnel for the purpose of increasing 

the number of hours worked by such personnel; and

(C) procuring equipment, technology, and other material 

directly related to basic law-enforcement functions;

(2) enhancing security measures—

(A) in and around schools; and

(B) in and around any other facility or location that is 

considered by the unit of local government to have a special risk for 

incidents of crime;

(3) establishing crime-prevention programs that may, though not 

exclusively, involve law-enforcement officials and that are intended to 

discourage, disrupt, or interfere with the commission of criminal activity, including 

neighborhood-watch and citizen-patrol programs, sexual-assault and domesticviolence programs, and programs intended to prevent juvenile crime;

(4) establishing or supporting drug courts;

(5) establishing early-intervention and -prevention programs for 

juveniles, in order to reduce or eliminate crime;

(6) enhancing the adjudication process of cases involving violent 

offenders, including violent juvenile offenders;

(7) enhancing programs under (a), above;

(8) establishing co-operative task forces between adjoining units of 

local government to work co-operatively to prevent and combat criminal activity, 

particularly criminal activity that is exacerbated by drug- or gang-related 

involvement; and

(9) establishing a multi-jurisdictional task force, particularly in rural 

areas, composed of law-enforcement officials representing units of local 

government, that works with Federal law-enforcement officials to prevent and 

control crime.

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Appendix G

Application Checklist

Edward Byrne Memorial Justice Assistance Grant (JAG) Program: 

FY 2018 State Solicitation

This application checklist has been created as an aid in developing an application.

What an Applicant Should Do:

Prior to Registering in GMS:

_____ Acquire a DUNS Number (see page 32)

_____ Acquire or renew registration with SAM (see page 33)

To Register with GMS:

_____ For new users, acquire a GMS username and password* (see page 33)

_____ For existing users, check GMS username and password* to ensure account access

(see page 33)

_____ Verify SAM registration in GMS (see page 33)

_____ Search for correct funding opportunity in GMS (see page 33)

_____ Select correct funding opportunity in GMS (see page 33)

_____ Register by selecting the “Apply Online” button associated with the funding opportunity

title (see page 33)

_____ Read OJP policy and guidance on conference approval, planning, and reporting

available at ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm

(see page 18)

_____ If experiencing technical difficulties in GMS, contact the NCJRS Response Center 

(see pages 2 and 34)

*Password Reset Notice – GMS users are reminded that while password reset capabilities exist, 

this function is only associated with points of contact designated within GMS at the time the 

account was established. Neither OJP nor the GMS Help Desk will initiate a password reset 

unless requested by the authorized official or a designated point of contact associated with an 

award or application.

Overview of Post-Award Legal Requirements:

_____ Review the “Overview of Legal Requirements Generally Applicable to OJP Grants and 

Cooperative Agreements - FY 2018 Awards” in the OJP Funding Resource Center at

https://ojp.gov/funding/index.htm.

Scope Requirement:

_____ The federal amount requested is within the allowable limit(s) of the FY 2018 JAG

Allocations List as listed on BJA’s JAG web page.

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Eligibility Requirement:

Only states may apply under this solicitation. By law, for purposes of the JAG Program, the term 

“states” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern 

Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. (Throughout this 

solicitation, each reference to a state or states includes all 56 jurisdictions.) 

What an Application Should Include: 

_____ Application for Federal Assistance (SF-424) (see page 19)

_____ Intergovernmental Review (see page 20)

_____ Program Narrative (see page 20)

_____ Budget Detail Worksheet (see page 22)

_____ Budget Narrative (see page 22)

_____ Indirect Cost Rate Agreement (if applicable) (see page 22)

_____ Financial Management and System of Internal Controls Questionnaire (see page 25)

_____ Disclosure of Lobbying Activities (SF-LLL) (if applicable) (see page 26)

_____ Certifications and Assurances by Chief Executive (see page 27)

_____ Certification of Compliance with 8 U.S.C. § 1373 by Chief Legal Officer (see page 27)

_____ State Strategic Plan (if applicable) (see page 31)

_____ Additional Attachments 

_____ Applicant Disclosure of Pending Applications (see page 28)

_____ Research and Evaluation Independence and Integrity (if applicable) 

(see page 29)

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Exhibit 

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U.S. Department of Justice

Office of Justice Programs

Office of the Assistant Attorney General Washington, D.C. 20531

September 18, 2019

Ms. Kathleen Howard

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

Dear Ms. Howard:

On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs has 

approved your application for funding under the FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - 

State Solicitation in the amount of $17,860,765 for California Board of State and Community Corrections.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and 

financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim 

audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you 

will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative

action as appropriate.

If you have questions regarding this award, please contact:

 - Program Questions, Linda Hill-Franklin, Program Manager at (202) 514-0712; and

 - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at 

 (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.

Congratulations, and we look forward to working with you.

Sincerely,

Enclosures

Katharine T. Sullivan

Principal Deputy Assistant Attorney General

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U.S. Department of Justice

Office of Justice Programs

September 18, 2019

Ms. Kathleen Howard

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of 

Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office

of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in 

discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of 

the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with 

those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require 

compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and 

nondiscrimination requirements, in connection with OJP and other DOJ awards, see

https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or 

groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits 

permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency 

Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection 

with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) 

submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, 

subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), 

.205(c)(5). Please submit information about any adverse finding to the OCR at the above address. 

We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and 

other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination 

responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.

Dear Ms. Howard:

Sincerely,

Michael L. Alston

Director

cc: Grant Manager

Financial Analyst

Washington, DC 20531

Office of Civil Rights

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 210 of 311
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1. RECIPIENT NAME AND ADDRESS (Including Zip Code)

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

8. SUPPLEMENT NUMBER

00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS AWARD

 $ 0

 $ 17,860,765

11. TOTAL AWARD $ 17,860,765

2a. GRANTEE IRS/VENDOR NO.

680282717

2b. GRANTEE DUNS NO.

949095731

3. PROJECT TITLE

2019 JAG State Wide Program

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH

ON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITY FOR GRANT

This project is supported under FY19(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including 

subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a).

14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 

16.738 - Edward Byrne Memorial Justice Assistance Grant Program

15. METHOD OF PAYMENT

GPRS

AGENCY APPROVAL

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE ACCEPTANCE

Katharine T. Sullivan

Principal Deputy Assistant Attorney General

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21.

FISCAL

YEAR

FUND

CODE

BUD.

ACT. OFC.

DIV.

REG. SUB. POMS AMOUNT

DJ

DJ

B

B

X

X

80

80

00

00

00

00

00 6976908

10883857

UDJUGT0384

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Kathleen Howard

Executive Officer

4. AWARD NUMBER: 2019-DJ-BX-0068

5. PROJECT PERIOD: FROM

BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION

Initial

09/18/2019

TO

TO

10/01/2018

10/01/2018

09/30/2022

09/30/2022

OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE

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PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

Requirements of the award; remedies for non-compliance or for materially false statements

The conditions of this award are material requirements of the award. Compliance with any assurances or certifications 

submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material 

requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient 

official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if 

personally executed by the authorized recipient official.

Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a 

condition incorporated by reference below, or an assurance or certification related to conduct during the award period -

- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the 

award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.

The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment 

or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,

and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false

claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision 

shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be 

held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this

award.

Applicability of Part 200 Uniform Requirements

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted 

and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 

2019 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award 

supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before 

December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number 

(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that 

are obligated on or after the acceptance date of this FY 2019 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards

("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at 

any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 

425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at 

any tier) must provide access, include performance measurement information, in addition to the financial records, 

supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP 

that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the 

recipient is to contact OJP promptly for clarification.

1.

2.

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PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

Compliance with DOJ Grants Financial Guide

References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website 

(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any 

updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ 

Grants Financial Guide.

Reclassification of various statutory provisions to a new Title 34 of the United States Code

On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially 

reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The 

reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and 

cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been 

reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to 

Title 34. This rule of construction specifically includes references set out in award conditions, references set out in 

material incorporated by reference through award conditions, and references set out in other award requirements.

Required training for Point of Contact and all Financial Points of Contact

Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully 

completed an "OJP financial management and grant administration training" by 120 days after the date of the 

recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy 

this condition.

In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or 

FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 

calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new 

POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful 

completion of such a training on or after January 1, 2017, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for 

purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition 

include a session on grant fraud prevention and detection

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to 

comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate 

conditions on this award.

Requirements related to "de minimis" indirect cost rate

A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" 

indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise

OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 

Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined 

by the Part 200 Uniform Requirements.

3.

4.

5.

6.

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PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

Requirement to report potentially duplicative funding

If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal 

funds during the period of performance for this award, the recipient promptly must determine whether funds from any 

of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the 

identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ 

awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ 

awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to 

eliminate any inappropriate duplication of funding.

Requirements related to System for Award Management and Universal Identifier Requirements

The recipient must comply with applicable requirements regarding the System for Award Management (SAM), 

currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, 

as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients 

(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the 

recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site 

at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal 

Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to

any business or non-profit organization that he or she may own or operate in his or her name).

7.

8.

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SPECIAL CONDITIONS

Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must--

A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole 

or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the 

individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under 

this award of both--

(1) this award requirement for verification of employment eligibility, and

(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United 

States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award 

requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain 

records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with

Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

A. Staff involved in the hiring process

For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes

(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the 

hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify

For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the 

recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an 

appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper 

E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to 

confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or 

in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United 

States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 

9.

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any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient 

at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) 

and (2).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify 

website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email EVerify at E-VerifyEmployerAgent@dhs.gov.

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Requirement to report actual or imminent breach of personally identifiable information (PII)

The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an 

actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, 

maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the 

scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB 

Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of 

PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an 

imminent breach.

All subawards ("subgrants") must have specific federal authorization

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for 

authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants 

administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement 

"contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at 

https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have 

specific federal authorization), and are incorporated by reference here.

Specific post-award approval required to use a noncompetitive approach in any procurement contract that would 

exceed $250,000

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain 

specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the 

Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of 

federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider 

a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under 

an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm 

(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract 

(if contract would exceed $250,000)), and are incorporated by reference here.

10.

11.

12.

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Unreasonable restrictions on competition under the award; association with federal government

SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in 

part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of 

the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of 

this condition must be among those included in any subaward (at any tier).

1. No discrimination, in procurement transactions, against associates of the federal government

Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring 

awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and 

associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 

200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open 

competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on 

firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no 

recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on

the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or 

entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 

200.319(a) or as specifically authorized by USDOJ.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at 

present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant 

recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on 

behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for 

such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, 

project, or activity (or to provide such goods or services) in future.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 

any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

13.

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Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and 

OJP authority to terminate award)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including 

requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the 

part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" 

of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the 

OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited 

conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP 

authority to terminate award)), and are incorporated by reference here.

Determination of suitability to interact with participating minors

SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by 

DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an 

associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by

the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may 

interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm 

(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with 

participating minors), and are incorporated by reference here.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and 

other events

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, 

policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where 

applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), 

including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ 

Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award

The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. 

The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program 

solicitation or other applicable written guidance. Data collection supports compliance with the Government 

Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

OJP Training Guiding Principles

Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or 

delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, 

available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.

14.

15.

16.

17.

18.

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Effect of failure to address audit issues

The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold 

award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient 

does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform 

Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, 

investigations, or reviews of DOJ awards.

Potential imposition of additional requirements

The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency 

(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an 

equal employment opportunity program.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding 

written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the 

basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious

practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient 

("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements 

that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at 

https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 

38, under e-CFR "current" data.

19.

20.

21.

22.

23.

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Restrictions on "lobbying"

In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any 

subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, 

modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There 

may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be 

barred by law.)

Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any 

subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of 

Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or 

cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, 

or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that 

applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might

fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the

express prior written approval of OJP.

Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of

federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general 

provisions" in the Consolidated Appropriations Act, 2019, are set out at 

https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might 

fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not 

proceed without the express prior written approval of OJP.

Reporting potential fraud, waste, and abuse, and similar misconduct

The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General 

(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person 

has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) 

committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar 

misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the 

OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm 

(select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, 

Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile 

directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

24.

25.

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SPECIAL CONDITIONS

Restrictions and certifications regarding non-disclosure agreements and related matters

No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or 

subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality 

agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in 

accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal 

department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene 

requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to 

sensitive compartmented information), or any other form issued by a federal department or agency governing the 

nondisclosure of classified information.

1. In accepting this award, the recipient--

a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees 

or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or 

contractors from reporting waste, fraud, or abuse as described above; and

b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute 

agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, 

or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt 

written notification to the federal agency making this award, and will resume (or permit resumption of) such 

obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or 

both--

a. it represents that--

(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds 

(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either 

requires or has required internal confidentiality agreements or statements from employees or contractors that currently 

prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,

fraud, or abuse as described above; and

(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and

b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds 

under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit 

or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will 

immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to 

the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly 

authorized to do so by that agency.

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SPECIAL CONDITIONS

Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)

The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 

U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an 

employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a 

gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public 

health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of 

employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to 

contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Encouragement of policies to ban text messaging while driving

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 

51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies 

banning employees from text messaging while driving any vehicle during the course of performing work funded by this

award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease 

crashes caused by distracted drivers.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time 

during the course of the period of performance under this award, the recipient must disclose that fact and certain related

information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk 

includes any status under which a federal awarding agency provides additional oversight due to the recipient's past 

performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include 

the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient 

was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and 

email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

28.

29.

30.

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SPECIAL CONDITIONS

Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; 

ongoing compliance

1. With respect to the "program or activity" funded in whole or part under this award (including any such program or 

activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -

agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or 

receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government

entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration

status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an 

"information-communication restriction" under this award.

2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of 

this condition.

3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the 

extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a 

local government, or a public institution of higher education, incurs to implement this condition.

4. Rules of Construction

A. For purposes of this condition:

(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher 

education or any Indian tribe.

(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or

in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," 

and its officials to be "government officials.")

(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

(4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 

U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa.

(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of 

Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as 

references to particular components of the Department of Homeland Security (DHS).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any 

State or local government, any public institution of higher education, or any other entity (or individual) to violate any 

federal law, including any applicable civil rights or nondiscrimination law.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before 

award acceptance.

31.

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PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance

1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds 

under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government 

entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 

U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or 

exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition 

(or restriction) that violates this condition is an "information-communication restriction" under this award.

2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of 

this condition.

3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the 

extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a 

local government, or a public institution of higher education, incurs to implement this condition.

4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference 

(within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance" 

condition are incorporated by reference as though set forth here in full.

32.

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PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal 

law enforcement: 8 U.S.C. 1373 and 1644; unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient

(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is 

funded in whole or in part with award funds is subject to any "information-communication restriction."

B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to 

reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient 

at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in 

whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation 

by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient 

(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the 

award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 

U.S.C. 1373 and 1644; ongoing compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance 

with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the 

recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher 

education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a 

subrecipient that is a State, a local government, or a public institution of higher education must require prompt 

notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an 

information-communication restriction.

2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher 

education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program 

or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with 

award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling 

circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and 

transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award 

funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any 

such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent 

monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 

1644; ongoing compliance" award condition.

4. Rules of Construction

A. For purposes of this condition "information-communication restriction" has the meaning set out in the 

"Noninterference ... 8 U.S.C. 1373 and 1644; ongoing compliance" condition.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 

1644; ongoing compliance" condition are incorporated by reference as though set forth here in full.

33.

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SPECIAL CONDITIONS

Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C. 

1373 and 1644; unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient

(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is 

funded in whole or in part with award funds is subject to any "information-communication restriction."

B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to 

reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient 

at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in 

whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation 

by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient 

(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the 

award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing 

compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance 

with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the 

recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher 

education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a 

subrecipient that is a State, a local government, or a public institution of higher education must require prompt 

notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an 

information-communication restriction.

2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher 

education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program 

or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with 

award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling 

circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and 

transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award 

funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any 

such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent 

monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... 8 U.S.C. 

1373 and 1644; ongoing compliance" award condition.

4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on 

noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; 

unallowable costs; notification" condition are incorporated by reference as though set forth here in full.

34.

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PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of 

certain law enforcement sensitive information

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the 

award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its 

provisions must be among those included in any subaward (at any tier).

1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield 

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 

U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement 

information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18

U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- 

without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 

1071 or 1072 or of 8 U.S.C. 1324(a).

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction

A. For purposes of this condition--

(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 

1101(a)(3));

(2) the term "federal law enforcement information" means law enforcement sensitive information communicated or 

made available, by the federal government, to a State or local government entity, -agency, or -official, through any 

means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement 

partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) 

through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal 

law enforcement activity;

(3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement 

purpose; and

(4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to

any subrecipient (at any tier) that is a government entity.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 

'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award 

condition are incorporated by reference as though set forth here in full.

35.

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SPECIAL CONDITIONS

No use of funds to interfere with federal law enforcement: No public disclosure of certain law enforcement sensitive 

information

SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the 

period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere: No public disclosure of federal law enforcement information in order to conceal, harbor,

or shield 

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 

U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no funds under this award may be used to make any public disclosure of 

any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any 

fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in 

violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate 

for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction. 

The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law 

enforcement: No public disclosure of certain law enforcement sensitive information" award condition are incorporated 

by reference as though set forth here in full.

36.

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SPECIAL CONDITIONS

Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this 

award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for 

the award. Its provisions must be among those included in any subaward (at any tier).

1. Noninterference with statutory law enforcement access to correctional facilities

Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain 

federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien

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 

"anywhere in or outside the United States" -- within the funded program or activity, no State or local government 

entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of

the United States acting under color of federal law) by impeding access to any State or local government (or 

government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person 

believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction 

A. For purposes of this condition:

(1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 

U.S.C. 1101(a)(3)).

(2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe 

Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)).

(3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, 

or practice, that—

(a) is designed to prevent or to significantly delay or complicate, or

(b) has the effect of preventing or of significantly delaying or complicating.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 

'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award 

condition are incorporated by reference as though set forth here in full.

37.

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SPECIAL CONDITIONS

No use of funds to interfere with federal law enforcement: Interrogation of certain aliens

SCOPE. This condition applies as of the date the recipient accepts this award, and throughout the remainder of the 

period of performance for the award. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere with statutory law enforcement access to correctional facilities

Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain 

federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien

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 

"anywhere in or outside the United States" -- no State or local government entity, -agency, or -official may use funds 

under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United 

States acting under color of federal law) by impeding access to any State or local government (or governmentcontracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an 

alien as to his [or her] right to be or to remain in the United States."

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction. 

The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law 

enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in 

full.

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SPECIAL CONDITIONS

Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release

SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the 

award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its 

provisions must be among those included in any subaward at any tier.

1. Noninterference with "removal" process: Notice of scheduled release date and time

Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or 

local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" 

remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the 

federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with 

respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take 

into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report 

to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the

prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or 

local government entity, -agency, or -official (including a government-contracted correctional facility) may interfere 

with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to 

DHS of the scheduled release date and time for a particular alien, if a State or local government (or governmentcontracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such 

advance notice.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction

A. The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal 

law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here

in full.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any 

State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the

date and time the individual otherwise would have been released.

C. Applicability

(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 

48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the 

scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it 

shall NOT be a violation of this condition to provide only as much advance notice as practicable.

(2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be 

detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for 

detention.

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SPECIAL CONDITIONS

No use of funds to interfere with federal law enforcement: Notice of scheduled release

SCOPE. This condition applies as of the date the recipient accepts the award, and throughout the remainder of the 

period of performance. Its provisions must be among those included in any subaward at any tier.

1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time

Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or 

local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" 

remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the 

federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with 

respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take 

into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report 

to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the

prompt removal" from the U.S. of removable "criminal aliens") -- no State or local government entity, -agency, or -

official (including a government-contracted correctional facility) may use funds under this award to interfere with the 

"removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of 

the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) 

correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this 

condition.

4. Rules of construction. 

The "Rules of Construction" set out in the "Noninterference (within the funded "program or activity") with federal law 

enforcement: Notice of scheduled release" award condition are incorporated by reference as though set forth here in 

full.

Requirement to collect certain information from subrecipients

Except as provided in this condition, the recipient may not make a subaward to a State, a local government, or a 

"public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions

identified in the program solicitation as "Information regarding Communication with the Department of Homeland 

Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and

maintained by the recipient, consistent with document retention requirements, and must be made available to DOJ upon

request. Responses to these questions are not required from subrecipients that are either a tribal 

government/organization, a nonprofit organization, or a private institution of higher education.

40.

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SPECIAL CONDITIONS

Cooperating with OJP Monitoring

The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and 

procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial 

Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The 

recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including 

documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable 

deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may

result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other 

restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the 

recipient as a DOJ High Risk grantee; or termination of an award(s).

FFATA reporting: Subawards and executive compensation

The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or 

more and, in certain circumstances, to report the names and total compensation of the five most highly compensated 

executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient

obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted

on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and 

Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an 

award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit 

organization that he or she may own or operate in his or her name).

Required monitoring of subawards

The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award 

conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any 

subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of 

specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon

request, documentation of its policies and procedures for monitoring of subawards under this award.

Use of program income

Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of 

the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly

Federal Financial Report, SF 425.

Justice Information Sharing

Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing 

Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards 

Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. 

The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe 

compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed 

justification for why an alternative approach is recommended.

42.

43.

44.

45.

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SPECIAL CONDITIONS

Avoidance of duplication of networks

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information

sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent 

possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can 

demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the 

functionality of an existing or proposed IT system.

Compliance with 28 C.F.R. Part 23

With respect to any information technology system funded or supported by funds under this award, the recipient (and 

any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if 

OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at 

its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the 

recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

Protection of human research subjects 

The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP 

policies and procedures regarding the protection of human research subjects, including obtainment of Institutional 

Review Board approval, if appropriate, and subject informed consent.

Confidentiality of data

The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 

and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further 

agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 

C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.

Verification and updating of recipient contact information

The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized 

Representative contact information in GMS, including telephone number and e-mail address. If any information is 

incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System 

(GMS) to document changes.

47.

48.

49.

50.

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SPECIAL CONDITIONS

Law enforcement task forces - required training

Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds 

who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, 

must complete required online (internet-based) task force training. Additionally, all future task force members must 

complete this training once during the period of performance for this award, or once every four years if multiple OJP 

awards include this requirement. 

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and 

Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including 

privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and

accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force 

personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force 

Integrity and Leadership (www.ctfli.org).

Justification of consultant rate

Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed 

justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such 

funds.

Submission of eligible records relevant to the National Instant Background Check System

Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 

U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific

project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, 

information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant 

Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records 

systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or 

State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court 

dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS 

are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and 

accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICSrelevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent 

monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any 

such evidence in any express written determination regarding this condition.

52.

53.

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SPECIAL CONDITIONS

"Methods of Administration" - monitoring compliance with civil rights laws and nondiscrimination provisions 

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with applicable federal civil 

rights laws and nondiscrimination provisions. Within 90 days of the date of award acceptance, the recipient must 

submit to OJP's Office for Civil Rights (at CivilRightsMOA@usdoj.gov) written Methods of Administration ("MOA") 

for subrecipient monitoring with respect to civil rights requirements. In addition, upon request by OJP (or by another 

authorized federal agency), the recipient must make associated documentation available for review. 

The details of the recipient's obligations related to Methods of Administration are posted on the OJP web site at 

https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm (Award condition: "Methods of 

Administration" - Requirements applicable to States (FY 2017 Update)), and are incorporated by reference here.

Required attendance at BJA-sponsored events

The recipient (and its subrecipients at any tier) must participate in BJA-sponsored training events, technical assistance 

events, or conferences held by BJA or its designees, upon BJA's request.

55.

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SPECIAL CONDITIONS

Compliance with National Environmental Policy Act and related statutes 

Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National 

Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental 

impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. 

Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior 

to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by 

the award, the recipient agrees to contact BJA. 

The recipient understands that this condition applies to new activities as set out below, whether or not they are being 

specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a 

subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition

must first be met. The activities covered by this condition are: 

a. New construction; 

b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including 

properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or 

eligible for listing on the National Register of Historic Places; 

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic 

prior use or (b) significantly change its size; 

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an 

incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or 

education environments; and 

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the 

identification, seizure, or closure of clandestine methamphetamine laboratories. 

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental 

Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and 

agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for 

programs relating to methamphetamine laboratory operations. 

Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its 

subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific 

request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental 

assessment of that funded program or activity.

Establishment of trust fund

If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is 

required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal 

awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, 

including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the 

Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award 

funds in the trust fund (including any interest earned) during the period of performance for the award and expend 

within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at 

the time of closeout.

57.

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SPECIAL CONDITIONS

Prohibition on use of award funds for match under BVP program

JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.

Certification of body armor "mandatory wear" policies

If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that 

law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory 

wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize 

funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for 

at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no

requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers 

while on duty.

Body armor - compliance with NIJ standards and other requirements

Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat 

level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to 

comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body 

Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, 

ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely 

fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ 

topics/ technology/ body-armor/ pages/ safety-initiative.aspx.

Reporting requirements

The recipient must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through 

OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government 

Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that 

measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's 

Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on 

reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required 

JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

Required data on law enforcement agency training

Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly 

accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, deescalation of conflict, and constructive engagement with the public.

Expenditures prohibited without waiver

No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as

set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such

expenditures essential to the maintenance of public safety and good order.

59.

60.

61.

62.

63.

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SPECIAL CONDITIONS

Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2018

The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of 

the first day of the period of performance for the award (October 1, 2018), however, the recipient may choose to incur 

project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a 

minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are 

removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that 

precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the 

condition is removed.)

Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding 

condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse 

itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to

award acceptance or prior to removal of an applicable withholding condition), provided that those project costs 

otherwise are allowable costs under the award.

Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award 

funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of 

the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the 

absence of federal funds, be made available for law enforcement activities.

Use of funds for DNA testing; upload of DNA profiles 

If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded

to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA 

laboratory with access to CODIS.

No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without 

prior express written approval from BJA.

Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may 

be accepted for entry into CODIS.

Encouragement of submission of "success stories"

BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success 

story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If

the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once 

registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an 

option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success 

Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx.

65.

66.

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SPECIAL CONDITIONS

Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and 

administrative proceedings to SAM and FAPIIS

The recipient must comply with any and all applicable requirements regarding reporting of information on civil, 

criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or 

any other grant, cooperative agreement, or procurement contract from the federal government. Under certain 

circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal 

System for Award Management (known as "SAM"), to the designated federal integrity and performance system 

(currently, "FAPIIS"). 

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, 

criminal, and administrative proceedings to the federal designated integrity and performance system (currently, 

"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: 

Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by 

reference here.

Withholding of funds: Required certification from the chief executive of the applicant government

The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required 

"Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as 

determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Withholding of funds: Budget narrative or information

The recipient may not obligate, expend, or draw down any award funds until the recipient submits, and OJP reviews 

and accepts, the required budget information or narrative for the award, and a Grant Adjustment Notice (GAN) has 

been issued to remove this condition.

The recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either -- (1) 

the recipient submits to OJP a current, federally-approved indirect cost rate agreement, or (2) the recipient determines 

that it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 

C.F.R. 200.414(f), and advises OJP in writing of both its eligibility and its election.

OJP will release this condition through a Grant Adjustment Notice (GAN), following receipt of a satisfactory 

submission.

Withholding of funds: Disclosure of lobbying

The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant 

manager for this OJP award a complete Disclosure of Lobbying Activities (SF-LLL) form, and OJP has issued a Grant 

Adjustment Notice to remove this special condition.

Withholding - DHS question attachment

The recipient may not obligate, expend or draw down funds until the Office of Justice Programs has received and 

approved the required application attachment(s) described in the program solicitation as "Information regarding 

Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement 

(ICE)," and has issued a Grant Adjustment Notice (GAN) releasing this special condition.

68.

69.

70.

71.

72.

73.

OJP FORM 4000/2 (REV. 4-88)

31

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 240 of 311
AWARD CONTINUATION

SHEET

Grant

PAGE 31 OF

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

PROJECT NUMBER 2019-DJ-BX-0068 AWARD DATE 09/18/2019

SPECIAL CONDITIONS

Withholding of funds: Certification with respect to federal taxes

The recipient may not obligate, expend, or draw down any funds under this award until it has submitted to the program 

manager, in a format acceptable to OJP, a formal written certification directed to OJP and executed by an official with 

authority to sign on behalf of the recipient, that the recipient (unless an exemption applies by operation of law, as 

described below)-- (1) has filed all Federal tax returns required for the three tax years immediately preceding the tax 

year in which the certification is made; (2) has not been convicted of a criminal offense under the Internal Revenue 

Code of 1986; and (3) has not, more than 90 days prior to this certification, been notified of any unpaid federal tax 

assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement 

or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment 

is the subject of a non-frivolous administrative or judicial proceeding; and until a Grant Adjustment Notice (GAN) has 

been issued to remove this condition. 

The certification must be dated, and must indicate the full name and title of the signer, as well as the full legal name of 

the recipient.

A recipient that is exempt from any legal requirement to file or pay federal taxes (such as a government entity exempt 

from federal income tax), and to which the elements of the above-specified certification would not apply, must advise 

OJP in writing -- in lieu of submitting the above-specified certification -- that it is not subject to any legal 

requirement to file or pay federal taxes.

SORNA final agency decision - Appeals

The recipient acknowledges the final agency decision made by DOJ that recipient's jurisdiction did not substantially 

implement the Sex Offender Registration and Notification Act (Public Law 109-248, "SORNA") before the deadline, 

and understands that, as a result of that final agency decision, the amount of this JAG award was reduced, pursuant to 

34 U.S.C. 20927. By accepting this specific award, the recipient voluntarily agrees that if it elects to file a judicial 

appeal of that final agency decision, which was integral in determining this particular funding amount, no such appeal 

may commence more than 6 months after the date of acceptance of this award.

Withholding of funds: Required State Strategic Plan submission

The recipient may not obligate, expend, or draw down any award funds until the recipient submits a sufficient 

Statewide Strategic Plan (to include an Annual Report in each year in which the Statewide Strategic Plan is not fully 

updated), and a Grant Adjustment Notice (GAN) has been issued to remove this condition.

Withholding of funds: Disclosure of pending applications

The recipient may not obligate, expend, or draw down any award funds until: (1) it has provided to the grant manager 

for this OJP award either an "applicant disclosure of pending applications" for federal funding or a specific affirmative 

statement that no such pending applications (whether direct or indirect) exist, in accordance with the detailed 

instructions in the program solicitation, (2) OJP has completed its review of the information provided and of any 

supplemental information it may request, (3) the recipient has made any adjustments to the award that OJP may require 

to prevent or eliminate any inappropriate duplication of funding (e.g., budget modification, project scope adjustment), 

(4) if appropriate adjustments to a discretionary award cannot be made, the recipient has agreed in writing to any 

necessary reduction of the award amount in any amount sufficient to prevent duplication (as determined by OJP), and 

(5) a Grant Adjustment Notice has been issued to remove this condition.

74.

75.

76.

77.

OJP FORM 4000/2 (REV. 4-88)

31

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 241 of 311
Memorandum To:

From:

Subject:

Washington, D.C. 20531

Orbin Terry, NEPA Coordinator

Incorporates NEPA Compliance in Further Developmental Stages for California 

Board of State and Community Corrections

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to 

support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of

which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA

and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds 

are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of 

the specified activities, the grantee must first determine if any of the specified activities will be funded by the 

grant.

The specified activities requiring environmental analysis are:

a. New construction;

b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, 

including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a 

property listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic

prior use or (b) significantly change its size; 

d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as 

an incidental component of a funded activity and (b) traditionally used, for example, in office, household, 

recreational, or education environments; and

e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the 

identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental 

Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, 

the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan 

requirements, please see https://www.bja.gov/Funding/nepa.html. 

Please be sure to carefully review the grant conditions on your award document, as it may contain more specific 

information about environmental compliance.

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Official Grant File

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 242 of 311
GRANT MANAGER'S MEMORANDUM, PT. I: 

PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET

2019-DJ-BX-0068

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

5. NAME & ADDRESS OF GRANTEE

Grant

This project is supported under FY19(BJA - JAG State and JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10151-10726), including 

subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a).

Daryle McDaniel

Field Representative

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

(916) 341-7392

PAGE 1 1 OF

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of 

activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical 

assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the 

following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community 

corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and 

witness programs (other than compensation) and 8) mental health programs and related law enforcement and corrections programs.

This State JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Funded programs or 

initiatives may include multijurisdictional drug and gang task forces, crime prevention and domestic violence programs, courts, corrections, treatment, justice 

Linda Hill-Franklin

(202) 514-0712

OJP FORM 4000/2 (REV. 4-88)

2019 JAG State Wide Program

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3288

FROM: 10/01/2018 09/30/2022 TO: FROM: 10/01/2018 09/30/2022 TO:

 $ 17,860,765 09/18/2019

3b. POMS CODE (SEE INSTRUCTIONS

 ON REVERSE)

00,

3a. TITLE OF THE PROGRAM

BJA FY 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - State Solicitation

U.S. Department of Justice

Office of Justice Programs

Bureau of Justice Assistance

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 243 of 311
information sharing initiatives, or other programs aimed at reducing crime and/or enhancing public/officer safety.

NCA/NCF

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 244 of 311
Exhibit 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 245 of 311
ĚǁĂƌĚLJƌŶĞDĞŵŽƌŝĂů:ƵƐƚŝĐĞƐƐŝƐƚĂŶĐĞ'ƌĂŶƚ;:'Ϳ

WƌŽŐƌĂŵ&ŝƐĐĂůzĞĂƌϮϬϭε^ƚĂƚĞ^ŽůŝĐŝƚĂƚŝŽŶ

:ƵŶĞϭΘ͕ϮϬϭε

This solicitation has been changed to ĐŽƌƌĞĐƚĂŶĂƉƉĞŶĚŝdžƌĞĨĞƌĞŶĐĞ͘Thank you for 

your attention to this update. 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 246 of 311
U.S. Department of Justice 

Office of Justice Programs 

Bureau of Justice Assistance

OMB No. 1121-0329

Approval Expires 11/30/2020

Edward Byrne Memorial Justice Assistance Grant (JAG) Program

Fiscal Year 2019 State Solicitation

CFDA #16.738

Solicitation Release Date: April 2, 2019 

Application Deadline: 11:59 p.m. eastern time on June 25, 2019

____________________________________________________________________________

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice

Assistance (BJA) is seeking applications for the Edward Byrne Memorial Justice Assistance Grant 

(JAG) Program. This program furthers the Department’s mission by assisting state, local, and tribal 

law enforcement efforts to prevent or reduce crime and violence.

This solicitation incorporates the OJP Grant Application Resource Guide by reference. The OJP 

Grant Application Resource Guide provides guidance to applicants for the preparation and 

submission to OJP of applications for funding. If this solicitation expressly modifies any 

provision in the OJP Grant Application Resource Guide, the applicant is to follow the 

guidelines in this solicitation as to that provision.

This solicitation expressly modifies the OJP Grant Application Resource Guide by not incorporating 

the “Limitation on Use of Award Funds for Employee Compensation; Waiver” provisions in the 

“Financial Information” section of the OJP Grant Application Resource Guide.

Eligibility

Only states may apply under this solicitation. By law, for purposes of the JAG Program, the term 

“states” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern 

Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. (Throughout this 

solicitation, each reference to a “state” or “states” includes all 56 jurisdictions.)

A JAG application is not complete, and a state may not access award funds, unless the chief 

executive of the applicant state (e.g., the governor) properly executes, and the state submits, 

the “Certifications and Assurances by the Chief Executive of the Applicant Government” 

attached to this solicitation as Appendix A. 

The expected allocations by state for the fiscal year (FY) 2019 JAG Program can 

be found at: https://www.bja.gov/funding/FY18-State-JAG-Web-Allocations.pdf. 

All recipients and subrecipients (including any for-profit organization) must forgo any profit or 

management fee.

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 247 of 311
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BJA-2019-15142

Contact information

For technical assistance with submitting an application, contact the Grants Management System 

(GMS) Support Hotline at 888–549–9901, option 3, or via email at GMS.HelpDesk@usdoj.gov. The 

GMS Support Hotline operates 24 hours a day, 7 days a week, including on federal holidays.

An applicant that experiences unforeseen GMS technical issues beyond its control that prevent it 

from submitting its application by the deadline must email the National Criminal Justice Reference 

Service (NCJRS) Response Center at grants@ncjrs.gov within 24 hours after the application 

deadline in order to request approval to submit its application after the deadline. For information on 

reporting technical issues, see “Experiencing Unforeseen GMS Technical Issues” under How to 

Apply (GMS) in the OJP Grant Application Resource Guide.

For assistance with any other requirement of this solicitation, applicants may contact the 

NCJRS Response Center by telephone at 1–800–851–3420; via TTY at 301–240–6310

(hearing impaired only); by email at grants@ncjrs.gov; by fax to 301–240–5830; or by web chat 

at https://webcontact.ncjrs.gov/ncjchat/chat.jsp. The NCJRS Response Center hours of 

operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday, and 10:00 a.m. to 

8:00 p.m. eastern time on the solicitation close date. Applicants also may contact the 

appropriate BJA State Policy Advisor.

Post-Award Legal Requirements Notice

If selected for funding, in addition to implementing the funded project consistent with the OJPapproved application, the recipient must comply with all award conditions, and all applicable 

requirements of federal statutes and regulations (including applicable requirements referred to in the 

assurances and certifications executed in connection with award acceptance). OJP strongly 

encourages prospective applicants to review information on post-award legal requirements and 

common OJP award conditions prior to submitting an application. 

For additional information on these legal requirements, see the “Administrative, National Policy, and 

Other Legal Requirements” section in the OJP Grant Application Resource Guide.

Deadline details

Applicants must register in the OJP Grants Management System (GMS) at 

https://grants.ojp.usdoj.gov/ prior to submitting an application under this solicitation. All applicants 

must register, even those that previously registered in GMS. Select the “Apply Online” button 

associated with the solicitation title. All registrations and applications are due by 11:59 p.m. eastern 

time on June 25, 2019.

For additional information, see the “How to Apply (GMS)” section in the OJP Grant Application 

Resource Guide.

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 248 of 311
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BJA-2019-15142

Contents

A. Program Description.......................................................................................................5

Overview ...........................................................................................................................5

Permissible uses of JAG Funds – In general..................................................................5

Limitations on the use of JAG funds ...............................................................................6

State obligations regarding use of JAG funds and units of local government...............10

Required compliance with applicable federal laws........................................................10

Potential statutory funding reductions...........................................................................11

BJA Areas of Emphasis ................................................................................................13

Objectives ........................................................................................................................15

Evidence-based Programs or Practices...........................................................................15

Information Regarding Potential Evaluation of Programs and Activities...........................15

B. Federal Award Information ...........................................................................................16

Type of Award..................................................................................................................16

Financial Management and System of Internal Controls..................................................17

Budget Information...........................................................................................................17

Cost Sharing or Match Requirement................................................................................17

Pre-agreement Costs (also known as Pre-award Costs) .................................................18

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs.............18

Costs Associated with Language Assistance (if applicable).............................................18

C. Eligibility Information....................................................................................................18

D. Application and Submission Information....................................................................18

What an Application Should Include.................................................................................18

How to Apply....................................................................................................................24

E. Application Review Information...................................................................................24

Review Process ...............................................................................................................24

F. Federal Award Administration Information.................................................................25

Federal Award Notices.....................................................................................................25

Administrative, National Policy, and Other Legal Requirements ......................................25

Information Technology (IT) Security Clauses .................................................................25

General Information about Post-federal Award Reporting Requirements ........................26

G. Federal Awarding Agency Contact(s)..........................................................................27

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BJA-2019-15142

H. Other Information ..........................................................................................................27

Freedom of Information and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)..............27

Provide Feedback to OJP ................................................................................................27

Appendix A: Certifications and Assurances by the Chief Executive.................................28

Appendix B: Certain relevant federal laws, as in effect on April 8, 2019 ..........................30

Appendix C: information regarding communication with the Department of Homeland 

Security and/or Immigration and Customs Enforcement..................................................36

Appendix D: Additional Award Purposes..........................................................................37

Appendix E: Application Checklist....................................................................................40

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BJA-2019-15142

Edward Byrne Memorial

Justice Assistance Grant (JAG) Program 

FY 2019 State Solicitation

CFDA #16.738

A. Program Description

Overview

The Edward Byrne Memorial Justice Assistance Grant (JAG) Program is the primary provider of 

federal criminal justice funding to states and units of local government. BJA will award JAG 

Program funds to eligible states under this FY 2019 JAG Program State Solicitation. (BJA will 

issue a separate solicitation for applications from units of local government.)

Statutory Authority: The JAG Program is authorized by Title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (Public Law No. 90-351) (generally codified at 34 U.S.C. 10151-

10726), including subpart 1 of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 

530C(a).

Program-specific Information

Permissible uses of JAG Funds – In general

In general, JAG funds awarded to a state under this FY 2019 solicitation may be used to 

provide additional personnel, equipment, supplies, contractual support, training, technical 

assistance, and information systems for criminal justice, including for any one or more of the 

following:

Law enforcement programs

Prosecution and court programs

Prevention and education programs

Corrections and community corrections programs

Drug treatment and enforcement programs

Planning, evaluation, and technology improvement programs

Crime victim and witness programs (other than compensation)

Mental health programs and related law enforcement and corrections programs

Additionally, JAG funds awarded to a state under this FY 2019 solicitation may be used for any 

purpose indicated in Appendix D.

In connection with the all of the above purposes (including those indicated in the appendix), it 

should be noted that the statute defines “criminal justice” as “activities pertaining to crime 

prevention, control, or reduction, or the enforcement of the criminal law, including, but not 

limited to, police efforts to prevent, control, or reduce crime or to apprehend criminals, including 

juveniles, activities of courts having criminal jurisdiction, and related agencies (including but not

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BJA-2019-15142

limited to prosecutorial and defender services, juvenile delinquency agencies and pretrial 

service or release agencies), activities of corrections, probation, or parole authorities and 

related agencies assisting in the rehabilitation, supervision, and care of criminal offenders, and 

programs relating to the prevention, control, or reduction of narcotic addiction and juvenile 

delinquency.”

Limitations on the use of JAG funds

Prohibited uses of funds – JAG funds may not be used (whether directly or indirectly) for any 

purpose prohibited by federal statute or regulation, including those purposes specifically 

prohibited by the JAG Program statute as set out at 34 U.S.C. § 10152.

JAG funds may not be used (directly or indirectly) for security enhancements or equipment for 

nongovernmental entities not engaged in criminal justice or public safety. Additionally, JAG 

funds may not be used (directly or indirectly) to pay for any of the following items unless 

the BJA Director certifies that extraordinary and exigent circumstances exist, making 

them essential to the maintenance of public safety and good order:

x Vehicles, vessels, or aircraft*

x Luxury items

x Real estate

x Construction projects (other than penal or correctional institutions)

x Any similar items

*Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification.

For information about requesting BJA certification for a listed prohibited item (including 

UA, UAV and/or UAS purchases) or for examples of allowable vehicles that do not 

require BJA certification, refer to the JAG FAQs.

Cap on use of JAG award funds for administrative costs – Up to 10 percent of a JAG 

award, including up to 10 percent of any earned interest, may be used for costs associated 

with administering the award.

Prohibition of supplanting; prohibition on use of JAG funds as match – JAG funds may 

not be used to supplant state or local funds but must be used to increase the amounts of 

such funds that would, in the absence of federal funds, be made available for law 

enforcement activities. See the JAG FAQs for examples of supplanting.

Although supplanting is prohibited, as discussed under What An Application Should Include,

leveraging of federal funding is encouraged.

Absent specific federal statutory authority to do so, JAG award funds may not be used as a 

match for the purposes of other federal awards.

Other restrictions on use of funds – If a state chooses to use its FY 2019 JAG funds 

for particular, defined types of expenditures, it must satisfy certain preconditions.

x Body-Worn Cameras (BWCs) – A state that proposes to use FY 2019 JAG award funds to 

purchase BWC equipment or to implement or enhance BWC programs, must provide to OJP 

a certification(s) that each state law enforcement agency receiving the equipment or 

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BJA-2019-15142

implementing the program has policies and procedures in place related to BWC equipment 

usage, data storage and access, privacy considerations, and training. The certification form 

related to BWC policies and procedures can be found at 

https://www.bja.gov/Funding/BodyWornCameraCert.pdf.

A state that proposes to use JAG funds for BWC-related expenses will have funds 

withheld until the required certification is submitted and approved by OJP. If the state 

proposes to change project activities to utilize JAG funds for BWC-related expenses 

after the award is accepted, the state must submit the signed certification to OJP at that 

time.

Further, before making any subaward for BWC-related expenses, the state JAG 

recipient must collect a completed BWC certification from the proposed subrecipient. 

Any such certifications must be maintained by the state JAG recipient and made 

available to OJP upon request.

The BJA BWC Toolkit provides model BWC policies and best practices to assist 

criminal justice departments in implementing BWC programs.

Apart from the JAG Program, BJA provides funds under the Body-Worn Camera Policy 

and Implementation Program (BWC PIP). BWC PIP allows jurisdictions to develop and 

implement policies and practices required for effective program adoption, and to address 

program factors including the purchase, deployment, and maintenance of camera 

systems and equipment; data storage and access; and privacy considerations. Interested 

states may wish to refer to the BWC Program web page for more information. States 

should note, however, that JAG funds may not be used as any part of the 50 percent 

match required by the BWC Program.

x Body Armor – Body armor purchased with JAG funds may be purchased at any threat level, 

make, or model from any distributor or manufacturer, as long as the following requirements 

are met: The body armor must have been tested and found to comply with the latest 

applicable National Institute of Justice (NIJ) ballistic or stab standards. In addition, body armor 

purchased must be made in the United States. Finally, body armor purchased with JAG funds 

must be “uniquely fitted vests,” which means protective (ballistic or stab-resistant) armor vests 

that conform to the individual wearer to provide the best possible fit and coverage, through a 

combination of: (1) correctly sized panels and carrier, determined through appropriate 

measurement and (2) properly adjusted straps, harnesses, fasteners, flaps, or other 

adjustable features. The requirement that body armor be "uniquely fitted" does not necessarily 

require body armor that is individually manufactured based on the measurements of an 

individual wearer. In support of OJP’s efforts to improve officer safety, the American Society 

for Testing and Materials (ASTM) International has made available the Standard Practice for 

Body Armor Wearer Measurement and Fitting of Armor (Active Standard ASTM 

E3003) available at no cost. The Personal Armor Fit Assessment checklist is excerpted from 

ASTM E3003. 

A state that proposes to use FY 2019 JAG award funds to purchase body armor must 

provide OJP with a certification(s) that each state law enforcement agency receiving 

body armor has a written “mandatory wear” policy in effect. See 34 U.S.C. § 10202(c). 

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The certification form related to mandatory wear can be found at 

www.bja.gov/Funding/BodyArmorMandatoryWearCert.pdf.

A state that proposes to use JAG funds to purchase body armor will have funds withheld 

until the required certification is submitted and approved by OJP. If the state proposes to 

change project activities to utilize JAG funds to purchase body armor after the award is 

accepted, the state must submit the signed certification to OJP at that time.

Further, before making any subaward for the purchase of body armor, the state JAG 

recipient must collect a completed mandatory wear certification from the proposed 

subrecipient. Any such certifications must be maintained by the state JAG recipient and 

made available to OJP upon request.

A mandatory wear concept and issues paper and a model policy are available at the 

BVP Customer Support Center, at vests@usdoj.gov or toll free at 1–877–758–3787. 

Additional information and FAQs related to the mandatory wear policy and certifications 

can be found at https://www.bja.gov/Funding/JAGFAQ.pdf.

Apart from the JAG Program, BJA provides funds under the Bulletproof Vest Partnership 

(BVP) Program. The BVP Program is designed to provide a critical resource to state and 

local law enforcement agencies for the purchase of ballistic-resistant and stab-resistant 

body armor. For more information on the BVP Program, including eligibility and 

application, refer to the BVP web page. States should note, however, that JAG funds may 

not be used as any part of the 50 percent match required by the BVP Program.

x Interoperable Communications – States (and any subrecipients) that use FY 2019 JAG funds 

to support emergency communications activities (including the purchase of interoperable 

communications equipment and technologies such as Voice over Internet Protocol bridging or 

gateway devices, or equipment to support the build out of wireless broadband networks in the 

700 MHz public safety band under the Federal Communications Commission [FCC] Waiver 

Order) should review current SAFECOM guidance at: https://www.dhs.gov/safecom. This 

guidance is updated annually to provide current information on emergency communications 

policies, eligible costs, best practices, and technical standards for state, local, tribal, and 

territorial grantees investing federal funds in emergency communications projects. 

Additionally, emergency communications projects funded with FY 2019 JAG funds should 

support the Statewide Communication Interoperability Plan (SCIP) and be coordinated with 

the full-time statewide interoperability coordinator (SWIC) in the state of the project. As the 

central coordination point for a state’s interoperability effort, the SWIC plays a critical role and 

can serve as a valuable resource. SWICs are responsible for the implementation of SCIP 

through coordination and collaboration with the emergency response community. The U.S. 

Department of Homeland Security Office of Emergency Communications maintains a list of 

SWICs for each of the states and territories. Contact OEC@hq.dhs.gov for more information. 

All communications equipment purchased with FY 2019 JAG Program funding should be 

identified during quarterly performance metrics reporting.

Further, information-sharing projects funded with FY 2019 JAG funds must comply with 

DOJ's Global Justice Information Sharing Initiative guidelines, as applicable, in order to 

promote information sharing and enable interoperability among disparate systems 

across the justice and public safety community. Recipients (and subrecipients) must 

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BJA-2019-15142

conform to the Global Standards Package (GSP) and all constituent elements, where 

applicable, as described at: https://it.ojp.gov/gsp_grantcondition. Recipients (and 

subrecipients) will be required to document planned approaches to information sharing 

and describe compliance with GSP and an appropriate privacy policy that protects 

shared information or provide detailed justification for why an alternative approach is 

recommended.

For JAG applicants considering implementing communications technology projects, it is 

worthwhile to consider the First Responder Network Authority (FirstNet) Program. The 

Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. §§ 1401 et seq.)

established FirstNet as an independent authority within the National Telecommunications 

and Information Administration (NTIA). FirstNet’s statutory mission is to take all actions 

necessary to ensure the establishment of a nationwide public safety broadband network 

(NPSBN). NPSBN will use the 700 MHz D block spectrum to provide Long-Term 

Evolution (LTE)-based broadband services and applications to public safety entities. The 

network is based on a single, national network architecture that will evolve with 

technological advances and initially consist of a core network and radio access network. 

While mission critical voice communications will continue to occur on land mobile radio 

(LMR), in time, FirstNet is expected to provide public safety entities with mission critical 

broadband data capabilities and services including, but not limited to: messaging, image 

sharing, video streaming, group text, voice, data storage, applications, location-based 

services, and quality of service, priority, and preemption. This reliable, highly secure, 

interoperable, and innovative public safety communications platform will bring 21st century 

tools to public safety agencies and first responders, allowing them to get more 

information quickly and helping them to make faster and better decisions. For more 

information on FirstNet services, the unique value of the FirstNet network to public safety, 

and how to subscribe for the FirstNet service, should your state or territory opt in, visit 

www.FirstNet.gov. To learn about FirstNet’s programs and activities, including its 

consultation and outreach with public safety, the state plan’s process, FirstNet’s history 

and promise and how it plans to ensure that the FirstNet network meets the needs of 

public safety, visit www.FirstNet.gov or contact info@firstnet.gov.

x DNA Testing of Evidentiary Materials and Uploading DNA Profiles to a Database–

If JAG Program funds are to be used for DNA testing of evidentiary materials, any

resulting eligible DNA profiles must be uploaded to the Combined DNA Index 

System (CODIS, the national DNA database operated by the Federal Bureau of 

Investigation [FBI]) by a government DNA lab with access to CODIS. No profiles 

generated with JAG funding may be entered into any other non-governmental 

DNA database without prior expressed written approval from BJA.

In addition, funds may not be used to purchase DNA equipment and supplies when the 

resulting DNA profiles from such technology are not acceptable for entry into CODIS.

x Entry of Records into State Repositories – As appropriate and to the extent consistent with 

law, a condition will be imposed that would require the following: with respect to any “program 

or activity” that receives federal financial assistance under this solicitation that is likely to 

generate or upgrade court dispositions or other records that are relevant to National Instant 

Background Check System (NICS) determinations (which includes any dispositions or records 

whatsoever that involve any “alien [who] is illegally or unlawfully in the United States” (18 

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U.S.C. § 922(g)(5)(A) (generally prohibiting any such alien to possess any firearm or 

ammunition)), a system must be in place to ensure that all such NICS-relevant dispositions or 

records that are generated or upgraded are made available in timely fashion to state 

repositories/databases that are accessed by NICS.

State obligations regarding use of JAG funds and units of local government

A state that applies for and receives an FY 2019 JAG award must:

x Pass through a predetermined percentage of funds to units of local government. (For 

purposes of the JAG Program, a “unit of local government” includes a city, county, 

township, town, and certain federally recognized Indian tribes.) This predetermined 

percentage (often referred to as the “variable pass-through” or “VPT”) is calculated by 

OJP's Bureau of Justice Statistics (BJS), based on the total criminal justice expenditures 

by a state and its units of local government. The variable pass-through percentages that 

will apply to an FY 2019 award to a recipient state can be found at:

https://www.bja.gov/jag/pdfs/VPT-for-SAAs-updated-June-2017.pdf. (If a state believes 

the VPT percentage has been calculated incorrectly, the state may provide pertinent, 

verifiable data to BJA and ask OJP to reconsider.)

x Appropriately use or distribute the amount of funds that are added to the state’s FY 2019

award because certain units of local government within the state are ineligible for a direct 

FY 2019 award of JAG funds due to their small size. (These small size units of local 

government are referred to as “less-than-$10,000 jurisdictions.”) The state must provide 

these additional funds included in its FY 2019 award to state police departments that 

provide criminal justice services to the “less-than-$10,000 jurisdictions” within the state 

and/or subaward the funds to such jurisdictions.

Required compliance with applicable federal laws

By law, the chief executive (e.g., the governor) of each state that applies for an FY 2019 JAG 

award must certify that the state will “comply with all provisions of [the JAG program statute] and 

all other applicable Federal laws.” To satisfy this requirement, each state applicant must submit a

properly executed certification, using the form shown in Appendix A.

All applicants should understand that OJP awards, including certifications provided in 

connection with such awards, are subject to review by DOJ, including by OJP and by the DOJ 

Office of the Inspector General. Applicants also should understand that a materially false, 

fictitious, or fraudulent statement (or concealment or omission of a material fact) in a certification 

submitted to OJP in support of an application may be the subject of criminal prosecution, and 

also may result in civil penalties and administrative remedies for false claims or otherwise. 

Administrative remedies that may be available to OJP with respect to an FY 2019 award include 

suspension or termination of the award, placement on the DOJ high-risk grantee list, 

disallowance of costs, and suspension or debarment of the recipient.

National Incident-Based Reporting System (NIBRS) 3 Percent Set-aside

In FY 2016, the FBI formally announced its intention to sunset the Uniform Crime Reporting 

(UCR) Program’s traditional Summary Reporting System (SRS) and replace it with the UCR 

Program’s National Incident-Based Reporting System (NIBRS). By January 1, 2021, the FBI 

intends for NIBRS to be the law enforcement crime data reporting standard for the nation.

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By statute, JAG Program awards are calculated using summary Part 1 violent crime data from 

the FBI’s UCR Program. (See 34 U.S.C. § 10156.) Once SRS has been replaced by NIBRS, 

JAG award amounts will be calculated using NIBRS data. In preparation for the FBI’s 2021 

NIBRS compliance deadline, beginning in FY 2018, BJA requires, through the application of a 

special condition, direct JAG award recipients not certified by the FBI as NIBRS compliant to 

dedicate 3 percent of their JAG award toward achieving full compliance with the FBI’s NIBRS 

data submission requirements under the UCR Program. The 3 percent requirement will assist 

state and local jurisdictions in working toward compliance, to ensure they continue to have 

critical criminal justice funding available through JAG when SRS is replaced by NIBRS in FY 

2021.

The requirement for a NIBRS set-aside will not be applied to subawards from states. Rather, 

state JAG recipients must ensure that at least 3 percent of the total award amount is used 

toward NIBRS compliance, unless the FBI has certified that the state is already NIBRS 

compliant. States must clearly indicate in their application narratives and budgets what projects 

will be supported with this 3 percent set-aside.

The following are examples of costs and projects that relate to NIBRS implementation at the state 

or local level that could be funded under the JAG Program: software, hardware, and labor that 

directly support or enhance a state or agency’s technical capacity for collecting, processing, and 

analyzing data reported by local law enforcement (LE) agencies and then submitting NIBRS data 

to the FBI; training personnel responsible for the state’s Incident Based Reporting (IBR) program 

on receiving, processing, analyzing, and validating incident-based data from local LE agencies in 

their state; training local agencies in how to collect and submit NIBRS data; and technical 

assistance for LE agency personnel responsible for (1) managing the agency’s crime incident 

data, (2) processing and validating the data, and (3) extracting and submitting IBR data to the 

state UCR Program according to the states and/or directly to the FBI according to the NIBRS 

standard.

BJA will waive the set-aside requirement for states that have been certified as NIBRS compliant by 

the FBI as of the posting date of this solicitation. States that achieve full compliance with NIBRS after 

receiving an award should email evidence of NIBRS compliance (written documentation from the FBI 

that certifies NIBRS compliance) to their State Policy Advisor listed in OJP’s Grants Management 

System (GMS). Upon review of the documentation submitted, BJA will confirm the NIBRS compliance 

and then issue a Grant Adjustment Notice (GAN) to clear any withholding special condition associated 

with the NIBRS set-aside requirement. States must retain documentation on file that demonstrates the 

FBI certification of NIBRS compliance. Such documentation must be made available for BJA review, 

upon request. If approved, states will not be subject to the 3 percent set-aside requirement.

Note: In FY 2018, U.S. Territories and tribal jurisdictions were not subject to the 3 percent set-aside 

for NIBRS compliance to allow the territories and tribal jurisdictions to plan for the change in funding 

direction and provide BJA with time to coordinate or provide any necessary technical assistance. In 

FY 2019 and forward, this requirement is applicable, meaning U.S. Territories and tribal 

jurisdictions must set aside the 3 percent for NIBRS compliance.

Potential statutory funding reductions

x Prison Rape Elimination Act of 2003 (PREA) – In 2012, DOJ published the National 

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PREA Standards, which were promulgated to prevent, detect, and respond to sexual 

victimization and abuse in confinement settings. The PREA Standards are set out at 28 

C.F.R. Part 115, and apply to confinement facilities, including adult prisons and jails, 

juvenile facilities, and police lockups.

Under PREA, if a state’s chief executive (e.g., governor) does not certify full compliance 

with the National PREA Standards, the state is subject to the loss of 5 percent of certain 

DOJ grant funds, including JAG award funds, unless: (1) the chief executive submits an 

assurance to DOJ that no less than 5 percent of such funds will be used solely for the 

purpose of enabling the state to achieve and certify full compliance with the PREA 

Standards in future years; or (2) the chief executive requests that the affected funds be 

held in abeyance by DOJ. See 34 U.S.C. § 30307(e)(2).

A reduction of a FY 2019 JAG award to a state under the provisions of PREA will not 

affect the portion of the JAG award that is reserved for local jurisdictions.

For additional information concerning PREA implementation, send inquiries to the 

PREA Management Office at PREACompliance@usdoj.gov and/or review the 

PREA FAQs.

x Sex Offender Registration and Notification Act (SORNA) – SORNA, which is Title I of the 

Adam Walsh Child Protection and Safety Act of 2006, mandates a 10 percent reduction 

in a JAG award to a state that has failed to substantially implement SORNA. Further, 

states that have substantially implemented SORNA have an ongoing obligation to 

maintain that status each year. A JAG reduction is applied for each year a jurisdiction has 

failed to have substantially implemented SORNA.

A reduction of a FY 2019 JAG award to a state under the provisions of SORNA will not 

affect the portion of the JAG award that is reserved for local jurisdictions.

IMPORTANT NOTICE

Be advised that beginning in FY 2020, OJP will calculate the 10 percent SORNA penalty 

on the initial allocation to the state (i.e., State’s initial allocation x 10% = SORNA 

penalty).

For additional information regarding SORNA implementation, including requirements 

and a list of states that will be affected in FY 2019 by the 10 percent reduction to the 

JAG award, send inquiries to AskSMART@usdoj.gov. Additional SORNA guidance can 

be found within the SORNA FAQs.

Death in Custody Reporting Act (DCRA)

Beginning in FY 2019, BJA will require reporting from states pursuant to the Death in Custody 

Reporting Act (DCRA). The Death in Custody Reporting Act requires states and federal law 

enforcement agencies to report certain information to the Attorney General regarding the death of 

any person occurring during interactions with law enforcement officers or while in custody. All 

reporting for DCRA will be submitted via the BJA Performance Management Tool (PMT), located at

https://bjapmt.ojp.gov.

For each quarter in a fiscal year, states must either (1) identify all reportable deaths that occurred in 

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their jurisdictions during the corresponding quarter and provide basic information about the 

circumstances of the death, or (2) affirm that no reportable death occurred in the state during the 

reporting period.

A state must complete the required questions related to deaths in custody in the PMT and submit it 

by the reporting deadline. The reporting deadline to submit the Quarterly Summary is the last day of 

the month following the close of the quarter. For each quarter, BJA will send two reminders prior to 

the reporting deadline.

For each reportable death, a state must enter into the PMT:

• The decedent’s name, date of birth, gender, race, and ethnicity

• The date, time, and location of the death

• The law enforcement or correctional agency involved

• Manner of death

States must answer all questions in the PMT before they can submit their quarterly reports. If the 

state does not have sufficient information to complete one of the questions, then the state may 

select the “unknown” answer, if available, and then identify when the information is anticipated to be 

obtained.

A state that fails to comply may, at the discretion of the Attorney General, be subject to not 

more than a 10-percent reduction of the funds that would otherwise be allocated for that 

fiscal year to the state under the Byrne JAG program. The Department will review the 

implementation of the penalty in future years.

BJA Areas of Emphasis

BJA recognizes that many state and local criminal justice systems currently face challenging 

fiscal environments and that an important, cost-effective way to relieve those pressures is to 

share or leverage resources through cooperation among federal, state, and local law 

enforcement. BJA intends to focus much of its work on the areas of emphasis described below, 

and encourages each state recipient of an FY 2019 JAG award to join federal law enforcement 

agencies across the board in addressing these challenges.

Reducing Violent Crime – Recognizing that crime problems, including felonious 

possession and use of a firearm and/or gang violence, illegal drug sales and distribution, 

human trafficking, and other related violent crime, vary from community to community, 

BJA encourages states to tailor their programs to the local crime issues, and to be datainformed in their work. States should consider investing JAG funds in programs to 

combat illegal firearms violence, and to improve the process for ensuring that persons 

prohibited from purchasing firearms (see, e.g., 18 U.S.C. § 922(g)) are prevented from 

doing so, by using technology such as eTrace and NIBIN to analyze evidence and by 

enhancing complete, accurate, and timely reporting to the FBI’s NICS. States are also 

encouraged to coordinate with the United States Attorneys and Project Safe 

Neighborhood (PSN) grantees in order to leverage funding for violence reduction 

projects, and to coordinate their law enforcement activities with those of federal law

enforcement agencies such as the FBI, the Bureau of Alcohol, Tobacco, Firearms, and 

Explosives, the Drug Enforcement Administration, the United States Marshals Service, 

and the Department of Homeland Security.

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Officer Safety and Wellness – The issue of law enforcement safety and wellness is an 

important priority for BJA and DOJ. According to the 2018 Preliminary End-of-Year Law 

Enforcement Fatalities Report, released by the National Law Enforcement Officers 

Memorial Fund (NLEOMF), 2018 saw 144 law enforcement law enforcement line-of-duty 

deaths nationwide. This is a 12 percent increase over 2017, which had 129 line-of-duty 

deaths. Firearms-related deaths were the leading cause of law enforcement deaths (52)

– a 13 percent increase when compared to 2017. Among those deaths, 14 occurred 

during an attempt to arrest a suspect, 8 while conducting an investigative activity, 6

while responding to a domestic or public disturbance, and 5 as a result of being 

ambushed. Additionally, there were 50 traffic-related deaths. Forty-two officers died due 

to circumstances other than firearms or traffic, the majority being job-related illnesses.

Based on the latest report (2017) from the FBI’s Law Enforcement Officers Killed and 

Assaulted (LEOKA) data, there appeared to be a continuing increase in assaults against law 

enforcement officers between 2016 and 2017. In 2017 there were 60,211 assaults versus 

57,180 assaults in 2016. Of those assaulted, 17,476 were injured compared to 16,535 

injured in 2016. The 2017 LEOKA data show that 21 officers died as a result of investigative 

or enforcement duties—6 during pursuits, and 5 were ambushed.

BJA sees a vital need to continue to focus on tactical officer safety concerns and on the 

health and wellness of law enforcement as they may have a direct effect on officer 

performance and safety. It is important for law enforcement to have the necessary 

tactical skills, and also be physically and mentally well, to perform, survive, and be 

resilient in the face of the demanding duties of the profession. BJA encourages states to 

use JAG funds to address these needs by providing training, and paying for tuition and 

travel expenses related to attending trainings such as those available through the BJA 

VALOR Initiative and soon to be available through the National Officer Safety Initiatives

Program, and funding for health and wellness programs for law enforcement officers.

JAG funding may also be used for attendance to officer safety and wellness conferences 

to enhance law enforcement education and awareness with the goal of preventing 

officer injury and/or death.

Southwest Border Rural Law Enforcement – Securing U.S. borders (and internationally 

accessible waterways and airports) is critically important to the reduction, intervention,

and prevention of transnational drug-trafficking networks, gangs, and combating all 

forms of human trafficking and related sexual assaults within the United States 

(including sex and labor trafficking of foreign nationals and U.S. citizens of all sexes and 

ages). Smuggling and trafficking operations to, from, and within the United States 

contribute to a significant increase in violent crime and U.S. deaths, to include law 

enforcement. BJA encourages states using JAG funds to support law enforcement 

hiring, training, and technology enhancement and information sharing, cooperation, and

coordination among federal, state, local, tribal, and territorial law enforcement agencies

to help address these problems.

Responding to the Opioid Crisis – The opioid crisis is a public health emergency and 

responding to the crisis is one of DOJ’s top priorities. In 2017, more than 72,000 Americans 

lost their lives to drug overdoses, according to the Centers for Disease Control and 

Prevention. In 2016, 63,632 Americans died from fatal drug overdoses and 52,404 died in 

2015 (CDC). The majority of these deaths can be attributed to opioids. Law enforcement 

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plays a vital role in efforts to stem overdoses, save lives, and fight illegal opioid distribution 

and abuse. BJA encourages local governments to use JAG funds to support law 

enforcement actions to fight the opioid epidemic such as addressing the supply of both 

diverted prescription drugs and illegal drugs, and supporting first responders when 

encountering overdoses. JAG funds can also be used for training and safety measures to 

prepare for potential encounters with synthetic opioids such as fentanyl. This may include 

covering the cost of providing naloxone to all officers and the cost of fentanyl detection 

testing.

Objectives

In general, the FY 2019 JAG Program is designed to provide additional personnel, equipment, 

supplies, contractual support, training, technical assistance, and information systems for 

criminal justice. Although the JAG Program provides assistance directly to states, through passthrough (and similar) requirements, the JAG Program also is designed to assist units of local 

government with respect to criminal justice.

As discussed in more detail in the General Information about Post-federal Award Reporting

Requirements discussion, a state that receives an FY 2019 JAG award will be required to 

produce various types of reports and to submit data related to performance measures and 

accountability. The objectives and deliverables are directly related to the JAG Program 

accountability measures described at https://bjapmt.ojp.gov/help/jagdocs.html.

The Objectives are directly related to the performance measures that demonstrate the results of the 

work completed, as discussed under What an Application Should Include.

Evidence-based Programs or Practices

OJP strongly emphasizes the use of data and evidence in policy making and program development 

in criminal justice, juvenile justice, and crime victim services. For additional information and 

resources on evidence-based programs or practices, see the OJP Grant Application Resource 

Guide.

A useful matrix of evidence-based policing programs and strategies is available through the 

BJA-supported Matrix Demonstration Project. It offers a number of program models designed 

to effectively implement promising and evidence-based strategies through the BJA Innovation 

Suite of programs including Innovations in Policing, Prosecution, Supervision, Reentry, and 

others (see https://www.bja.gov/Programs/CRPPE/innovationssuite.html). BJA encourages 

states to use JAG funds to support these crime innovation strategies, including effective 

partnerships with universities and research partners and with nontraditional criminal justice 

partners.

Information Regarding Potential Evaluation of Programs and Activities

Applicants should note OJP may conduct or support an evaluation of the programs and activities 

funded under this solicitation. For additional information, see the OJP Grant Application Resource 

Guide section, entitled, “Information Regarding Potential Evaluation of Programs and Activities.”

BJA Success Stories

The BJA-sponsored Success Stories web page features projects that have demonstrated 

success or shown promise in reducing crime and positively impacting communities. This web 

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page is a valuable resource for states, localities, territories, tribes, and criminal justice 

professionals who seek to identify and learn about JAG and other successful BJA-funded 

projects linked to innovation, crime reduction, and evidence-based practices. BJA strongly 

encourages the submission of success stories annually (or more frequently).

If a state has a success story it would like to submit, it may be submitted through the My BJA

account, using “Add a Success Story” and the Success Story Submission form. Register for a My 

BJA account using this registration link.

B. Federal Award Information

Maximum number of awards BJA expects to make 56

Estimated maximum dollar amount for each award up to $18,056,180

Total amount anticipated to be awarded under solicitation $176,700,000

Period of Performance start date October 1, 2018

Period of Performance duration 4 years

Recipients have the option to request a one-time, up to 12 month extension. An extension 

beyond this period may be made on a case-by-case basis, at the discretion of BJA, and must 

be justified by circumstances beyond the control of the recipient. The extension must be

requested via GMS no fewer than 30 days prior to the end of the period for performance.

The expected allocations by state for the FY 2019 JAG program can be found at: 

https://www.bja.gov/funding/FY18-State-JAG-Web-Allocations.pdf.

All awards are subject to the availability of appropriated funds and to any modifications or 

additional requirements that may be imposed by statute.

Type of Award2

BJA expects to make any award under this solicitation in the form of a grant. See the 

“Administrative, National Policy, and Other Legal Requirements” section of the OJP Grant 

Application Resource Guide for a brief discussion of important statutes, regulations, and 

award conditions that apply to many (or in some cases, all) OJP grants (and cooperative 

agreements).

JAG awards are based on a statutory formula as described below:

Once each fiscal year’s overall JAG Program funding level is determined, BJA works with BJS 

to begin a four-step grant award calculation process, which, in general, consists of:

(1) Computing an initial JAG allocation for each state, based on its share of violent

crime and population (weighted equally).

(2) Reviewing the initial JAG allocation amount to determine if the state allocation is 

less than the minimum award amount defined in the JAG legislation (0.25 percent of the 

total). If this is the case, the state is funded at the minimum level, and the funds required 

2 For purposes of this solicitation, the phrase “pass-through entity” includes any recipient or subrecipient that provides a 

subaward (“subgrant”) to carry out part of the funded award or program. 

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for this are deducted from the overall pool of JAG funds. Each of the remaining states

receives the minimum award plus an additional amount based on its share of violent 

crime and population.

(3) Dividing each state’s final award amount (except for the territories and District 

of Columbia) between the state and its units of local governments at a rate of 60 and 

40 percent, respectively.

(4) Determining unit of local government award allocations, which are based on their 

proportion of the state’s 3-year violent crime average. If the “eligible award amount” for a 

particular unit of local government, as determined on this basis, is $10,000 or more, then 

the unit of local government is eligible to apply directly to OJP (under the JAG Local 

solicitation) for a JAG award. If the “eligible award amount” to a particular unit of local 

government, as determined on this basis, would be less than $10,000, however, the 

funds are not made available for a direct award to that particular unit of local 

government, but instead are added to the amount that otherwise would have been 

awarded to the state. (The state's obligations with respect to this additional amount for 

the “less-than-$10,000 jurisdictions” are summarized above.)

Financial Management and System of Internal Controls

Award recipients and subrecipients (including recipients or subrecipients that are pass-through 

entities) must, as described in the Part 200 Uniform Requirements3 as set out at 2 C.F.R. 200.303,

comply with standards for financial and program management. See OJP Grant Application Resource 

Guide for additional information.

Budget Information

Trust Fund – State administering agencies (SAAs) may draw down JAG funds either in advance 

or on a reimbursement basis. Nonfederal entities must maintain advance payments of federal 

awards in interest-bearing accounts, unless regulatory exclusions apply (2 CFR 200.305(b)(8)). 

Subrecipients that draw down JAG funds in advance are subject to the same requirement and 

must first establish an interest-bearing account.

Tracking and reporting regarding JAG funds used for state administrative costs – As indicated 

earlier, up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may 

be used for costs associated with administering the award. Administrative costs (when utilized) 

must be tracked separately; a recipient must report in separate financial status reports (SF-425) 

those expenditures that specifically relate to each particular JAG Award during any particular 

reporting period.

No commingling – Both the state recipient and all subrecipients of JAG funds are prohibited 

from commingling funds on a program-by-program or project-by-project basis. For this 

purpose, use of the administrative JAG funds to perform work across all active awards in 

any one year is not considered commingling.

Cost Sharing or Match Requirement

The JAG Program does not require a match. However, if a successful application proposes a 

3 The "Part 200 Uniform Requirements” means the DOJ regulation at 2 C.F.R Part 2800, which adopts (with certain 

modifications) the provisions of 2 C.F.R. Part 200.

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voluntary match amount, and OJP approves the budget, the total match amount incorporated 

into the approved budget becomes mandatory and subject to audit.

For additional cost sharing and match information, see the DOJ Grants Financial Guide at 

https://ojp.gov/financialguide/DOJ/index.htm..

Pre-agreement Costs (also known as Pre-award Costs)

Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of 

performance of the federal award.

OJP does not typically approve pre-agreement costs. An applicant must request and obtain the 

prior written approval of OJP for any such costs. All such costs incurred prior to award and prior 

to approval of the costs are incurred at the sole risk of the applicant. (Generally, no applicant

should incur project costs before submitting an application requesting federal funding for those 

costs.) Should there be extenuating circumstances that make it appropriate for OJP to consider 

approving pre-agreement costs, the applicant may contact the point of contact listed on the title 

page of this solicitation for the requirements concerning written requests for approval. If approved 

in advance by OJP, award funds may be used for pre-agreement costs, consistent with the 

recipient’s approved budget and applicable cost principles. See the section on “Costs Requiring 

Prior Approval” in the DOJ Grants Financial Guide at https://ojp.gov/financialguide/DOJ/index.htm

for more information.

Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs

OJP strongly encourages every applicant that proposes to use award funds for any conference-,

meeting-, or training-related activity (or similar event) to review carefully—before submitting an 

application—the OJP and DOJ policy and guidance on approval, planning, and reporting of such 

events. See OJP Grant Application Resource Guide for information.

Costs Associated with Language Assistance (if applicable)

See the OJP Grant Application Resource Guide for information on costs associated with language

assistance that may be allowable.

C. Eligibility Information

For eligibility information, see the title page.

For information on cost sharing or match requirements, see Section B. Federal Award

Information.

D. Application and Submission Information

What an Application Should Include

See the “Application Elements and Formatting Instructions” section of the OJP Grant Application 

Resource Guide for information on, among other things, what happens to an application that does not 

contain all the specified elements. (This solicitation expressly modifies the “Application Elements and 

Formatting Instructions” section of the OJP Grant Application Resource Guide by not incorporating 

paragraph two of that section (referring to nonresponsive applications or applications missing critical 

elements not “[proceeding] to peer review”).)

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1. Complete the Application for Federal Assistance (Standard Form (SF)-424)

The SF-424 is a required standard form used as a cover sheet for submission of pre-applications, 

applications, and related information. See the OJP Grant Application Resource Guide for 

additional information on completing the SF-424. 

Intergovernmental Review:

This solicitation ("funding opportunity") is subject to Executive Order 12372. An applicant may 

find the names and addresses of State Single Points of Contact (SPOCs) at the following website: 

https://www.whitehouse.gov/wp-content/uploads/2017/11/Intergovernmental_-Review-

_SPOC_01_2018_OFFM.pdf. If the applicant’s state appears on the SPOC list, the applicant 

must contact the State SPOC to find out about, and comply with, the state’s process under E.O. 

12372. In completing the SF-424, an applicant whose state appears on the SPOC list is to make 

the appropriate selection in response to question 19, once the applicant has complied with its 

State E.O. 12372 process. (An applicant whose state does not appear on the SPOC list should 

answer question 19 by selecting the response that the: “Program is subject to E.O. 12372, but 

has not been selected by the State for review.”).

2. Project Identifiers

Applications should identify at least three and no more than 10 project identifiers that would 

be associated with the proposed project activities. The list of identifiers can be found at 

www.bja.gov/funding/JAGIdentifiers.pdf.

3. Program Narrative

The following sections should be included as part of the program narrative3:

(a) Description of the Issue – Identify the state's strategy/funding priorities for the FY 2019

JAG funds, the subgrant award process and timeline, and a description of the programs to 

be funded over the 4-year grant period. States are strongly encouraged to prioritize the 

funding of evidence-based projects, the data used to determine these priorities, and data 

needed for comprehensive planning efforts. The state should describe any barriers to 

accessing these data, opportunities to improve cross system information sharing, and 

progress or challenges the state has faced in NIBRS implementation.

(b) Project Design and Implementation – Describe the state's process for engaging 

stakeholders from across the justice continuum and how that input informs priorities. This 

should include a description of how local communities are engaged in the planning process, 

how state and local planning efforts are coordinated, and the challenges faced in coordination. 

The applicant should identify the stakeholders representing each purpose area who are 

participating in the strategic planning process, the gaps in the state's needed resources for 

3 For information on subawards (including the details on proposed subawards that should be included in the 

application), see "Budget and Associated Documentation" under Section D. Application and Submission Information.

criminal justice purposes, plans to improve the administration of the criminal justice system, 

and how JAG funds will be coordinated with state and related justice funds. States are 

strongly encouraged to use an evidence-informed approach to funding decisions and 

evidence-informed approaches to addressing and preventing violent crime. This includes 

providing support to subrecipients as they develop data-driven practices and programs.

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(c) Capabilities and Competencies – Describe any additional strategic planning/coordination 

efforts in which the state participates with other criminal justice criminal/juvenile justice 

agencies in the state. Please provide an overview of any evidence-informed programs that 

have been implemented successfully and how those programs might inform 

implementation of plan priorities.

(d) Plan for Collecting the Data Required for this Solicitation’s Performance Measures – OJP will 

require each successful applicant to submit specific performance data that demonstrate the 

results of the work carried out under the award. The performance data directly relate to the 

objectives identified under " Objectives" in Section A. Program Description.

Post award, recipients will be required to submit quarterly performance metrics through 

BJA’s PMT, located at https://bjapmt.ojp.gov. The application should describe the 

applicant's plan for collection of all of the performance measures data listed in the JAG 

Program accountability measures at: https://bjapmt.ojp.gov/help/jagdocs.html.

Applicants should visit OJP’s performance measurement page at 

www.ojp.gov/performance for an overview of performance measurement activities at 

OJP.

The application should demonstrate the applicant’s understanding of the performance data 

reporting requirements for this grant program and detail how the applicant will gather the 

required data should it receive funding.

Please note that applicants are not required to submit performance data with the 

application. Performance measures information is included as an alert that successful 

applicants will be required to submit performance data as part of the reporting requirements 

under an award.

Note on Project Evaluations

An applicant that proposes to use award funds through this solicitation to conduct project

evaluations should follow the guidance under Note on Project Evaluations in the OJP Grant 

Application Resource Guide.

4. Budget Information and Associated Documentation

See the Budget Preparation and Submission Information section of the OJP Grant Application 

Resource Guide for details on the Budget Detail Worksheet, and on budget information and 

associated documentation, such as information on proposed subawards, proposed procurement 

contracts under awards, and pre-agreement costs. Please note that the budget narrative 

should include a full description of all costs, including funds set aside for NIBRS project(s) 

and administrative costs (if applicable).

General requirement for federal authorization of any subaward; statutory authorizations

of subawards under the JAG Program statute.

Generally, a recipient of an OJP award may not make subawards (“subgrants”) unless 

the recipient has specific federal authorization to do so. Unless an applicable statute or 

DOJ regulation specifically authorizes (or requires) particular subawards, a recipient 

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must have authorization from OJP before it may make a subaward.

JAG subawards that are required or specifically authorized by statute (see 34

U.S.C. § 10152(a) and 34 U.S.C. § 10156) do not require prior approval to authorize 

subawards. This includes subawards made by states under the JAG Program.

A particular subaward may be authorized by OJP because the recipient included a 

sufficiently detailed description and justification of the proposed subaward in the 

application as approved by OJP. If, however, a particular subaward is not authorized by 

federal statute or regulation, and is not sufficiently described and justified in the 

application as approved by OJP, the recipient will be required, post-award, to request 

and obtain written authorization from OJP before it may make the subaward.

If an applicant proposes to make one or more subawards to carry out the federal award 

and program, and those subawards are not specifically authorized (or required) by 

statute or regulation, the applicant should: (1) identify (if known) the proposed 

subrecipient(s), (2) describe in detail what each subrecipient will do to carry out the 

federal award and federal program, and (3) provide a justification for the subaward(s), 

with details on pertinent matters such as special qualifications and areas of expertise. 

Pertinent information on subawards should appear not only in the Program Narrative but 

also in the Budget Detail Worksheet and budget narrative.

5. Indirect Cost Rate Agreement (if applicable)

See the Budget Preparation and Submission Information section of the OJP Grant Application 

Resource Guide for information.

6. Financial Management and System of Internal Controls Questionnaire (including 

applicant disclosure of high-risk status)

Every OJP applicant (other than an individual applying in his or her personal capacity) is required 

to download, complete, and submit the OJP Financial Management and System of Internal 

Controls Questionnaire (Questionnaire) at 

https://ojp.gov/funding/Apply/Resources/FinancialCapability.pdf as part of its application. See the 

OJP Grant Application Resource Guide for additional information and submission instructions for 

this Questionnaire.

7. Disclosure of Lobbying Activities

Each applicant must complete and submit this information. See the OJP Grant Application 

Resource Guide for additional information and submission instructions for this disclosure.

8. Certifications and Assurances by the Chief Executive of the Applicant Government A

A JAG application is not complete, and a state may not access award funds, unless the 

chief executive of the applicant state (e.g., the governor) properly executes, and the state 

submits, the “Certifications and Assurances by the Chief Executive of the Applicant 

Government” attached to this solicitation as Appendix A.

Please note that this certification takes the place of the review narrative attachment and contains 

assurances that the governing body notification and public comment requirements, which are 

required under the JAG statute (at 34 U.S.C. § 10153(a)(2)), have been satisfied.

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OJP will not deny an application for an FY 2019 award for failure to submit these 

“Certifications and Assurances by the Chief Executive of the Applicant Government” by the 

application deadline, but a state will not be able to access award funds (and its award will 

include a condition that withholds funds) until it submits these certifications and assurances, 

properly executed by the chief executive of the state (e.g., the governor).

9. Applicant Disclosure of Pending Applications

Each applicant is to disclose whether it has (or is proposed as a subrecipient under) any pending 

applications for federally funded grants or cooperative agreements that (1) include requests for 

funding to support the same project being proposed in the application under this solicitation, and

(2) would cover any identical cost items outlined in the budget submitted to OJP as part of the 

application under this solicitation. For additional information on the submission requirements for 

this disclosure, see the OJP Grant Application Resource Guide.

10. Applicant Disclosure and Justification – DOJ High Risk Grantees4 (if applicable)

An applicant that is designated as a DOJ High Risk Grantee is to submit in GMS, as a separate 

attachment to its application, information that OJP will use, among other pertinent information, to 

determine whether it will consider or select the application for an award under this solicitation. 

The file should be named “DOJ High Risk Grantee Applicant Disclosure and Justification.” (See, 

also, “Review Process,” below, under Section E. Application Review Information, for a brief 

discussion of how such information may considered in the application review process.) See the 

OJP Grant Application Resource Guide for additional information and submission instructions for 

this disclosure.

11. Research and Evaluation Independence and Integrity

If an application proposes research (including research and development) and/or evaluation, the 

applicant must demonstrate research/evaluation independence and integrity, including 

appropriate safeguards, before it may receive award funds. For additional information regarding 

demonstrating research/evaluation independence and integrity, including appropriate safeguards,

see the OJP Grant Application Resource Guide.

12. Additional Attachments

(a) Information regarding Communication with the Department of Homeland Security 

(DHS) and/or Immigration and Customs Enforcement (ICE)

Each applicant must provide responses to the following questions as an attachment to 

the application:

(1) Does your jurisdiction have any laws, policies, or practices related to whether, when, 

or how employees may communicate with DHS or ICE?

(2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law 

that binds a city) that meet the description in question 1?

(3) If yes to either:

x Please provide a copy of each law or policy.

x Please describe each practice.

4 A “DOJ High Risk Grantee” is a recipient that has received a DOJ High-Risk designation based on a documented history of 

unsatisfactory performance, financial instability, management system or other internal control deficiencies, or 

noncompliance with award terms and conditions on prior awards, or that is otherwise not responsible.

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x Please explain how the law, policy, or practice complies with 8 U.S.C. § 1373. See

Appendix &for a template that applicants may use to prepare this attachment.

Note: Responses to these questions must be provided by the applicant as part of the 

application. Further, the requirement to provide this information applies to all tiers of funding 

and for all subawards made to state or local government entities, including public institutions 

of higher education. All subrecipient responses must be collected and maintained by the direct 

recipient of funding and must be made available to DOJ upon request. Responses to these 

questions are not required from subrecipients that are either a tribal government/organization, 

a nonprofit organization, or a private institution of higher education.

OJP will not deny an application for an FY 2019 award for failure to submit these required 

responses by the application deadline, but a recipient will not receive award funds (and its 

award will include a condition that withholds funds) until it submits these responses.

(b) State Governing Body Review

Applicants must submit a properly executed Certification and Assurances by the chief

executive (see Appendix A), which documents that the JAG application was made

available for review by the governing body of the state, or to an organization designated by

that governing body, for a period that was not less than 30 days before the application was

submitted to BJA. The same Chief Executive Certification will also specify that an

opportunity to comment on this application was provided to citizens prior to the application

submission to the extent applicable law or established procedures make such opportunity

available. In the past, applicants were required to submit specific review dates; now, OJP

will only accept a governor’s certification to attest to these facts. States may continue to

submit actual dates of review, should they wish to do so, in addition to the submission of

the Chief Executive Certification.

(c) State Strategic Plan and Annual Report (required for FY 2019)

For 2019, states must submit a comprehensive Statewide Strategic Plan with their application.

Additionally, in any year in which the Statewide Strategic Plan is not fully updated, states must

also submit a brief “Annual Report” with their application.

The Statewide Strategic Plan, which must be updated at least every 5 years, should:

x Be designed in consultation with local governments and representatives of all

segments of the criminal justice system, including judges, prosecutors, law

enforcement personnel, corrections personnel, and providers of indigent defense

services, victim services, juvenile justice delinquency prevention programs, community

corrections, and reentry services.

x Include details of how grants will be used to improve the administration of the criminal

justice system.

x Include a description of how the state will allocate funding within and among each of

the JAG Program areas.

x Describe the process used by the state for gathering data and developing and using

evidence-based and evidence-gathering approaches in support of funding decisions.

x Describe the barriers at the state and local levels for accessing data and implementing

evidence-based approaches to preventing and reducing crime and recidivism.

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The Annual Report (required in the years between full Statewide Strategic Plan updates), 

intended to provide a summary update of program implementation efforts as detailed in the 

Statewide Strategic Plan, should: 

x Discuss changing circumstances in the state, if any, since the strategic plan was 

adopted.

x Describe how the state plans to adjust funding within and among each of the JAG 

Program areas.

x Provide an ongoing assessment of need.

x Discuss the accomplishment of goals identified in the strategic plan.

x Reflect how the plan influenced funding decisions in the previous year.

States that submit incomplete or minimal Statewide Strategic Plans with their applications will 

be recommended by BJA for training and technical assistance. If no plan is attached, an 

annual report is missing, or a submitted strategic plan or annual report clearly fails to discuss 

the required elements described above, technical assistance will be required and funds may

be withheld until a minimally sufficient strategic plan and/or annual report is submitted. 

Training and technical assistance (TTA) is available from The National Criminal Justice 

Association to assist states with the development of their strategic planning processes and 

plans. To help ensure that states consider the impact of JAG funding decisions across the 

entire criminal justice system, BJA strongly encourages each state to involve all criminal 

justice system stakeholders in the strategic planning process. The strategic planning process 

should reflect input from all segments of the criminal justice system including local 

governments, judges, prosecutors, law enforcement and corrections personnel, providers of 

indigent defense services, victim services, juvenile justice and delinquency prevention 

programs, parole and probation services, and reentry services. For more information, see the 

National Criminal Justice Association Justice Planning website at http://www.ncja.org/ncjaservices.

How to Apply

An applicant must submit its application through the Grants Management System (GMS), which 

provides support for the application, award, and management of awards at OJP. Find information, 

registration and submission steps on how to apply in GMS in response to this solicitation under How 

to Apply (GMS) in the OJP Grant Application Resource Guide.

E. Application Review Information

Review Process

OJP is committed to ensuring a fair and open process for making awards. BJA reviews the 

application to make sure that the information presented is reasonable, understandable, measurable, 

and achievable, as well as consistent with the solicitation. See the OJP Grant Application Resource 

Guide for information on the application review process for this solicitation.

In addition, if OJP anticipates that an award will exceed $250,000 in federal funds, OJP also must 

review and consider any information about the applicant that appears in the non-public segment of 

the integrity and performance system accessible through SAM (currently, the Federal Awardee 

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Performance and Integrity Information System, FAPIIS).

Important note on FAPIIS: An applicant, at its option, may review and comment on any information 

about itself that currently appears in FAPIIS and was entered by a federal awarding agency. OJP will 

consider any such comments by the applicant, in addition to the other information in FAPIIS, in its 

assessment of the risk posed by the applicant.

Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant 

Attorney General will make all final award decisions.

F. Federal Award Administration Information

Federal Award Notices

See the OJP Grant Application Resource Guide for information on award notifications and 

instructions.

Administrative, National Policy, and Other Legal Requirements

OJP strongly encourages prospective applicants to review information on post-award legal 

requirements and common OJP award conditions prior to submitting an application. See the OJP 

Grant Application Resource Guide for additional information on administrative, national policy, and 

other legal requirements.

Information Technology (IT) Security Clauses 

An application in response to this solicitation may require inclusion of information related to 

information technology security. See the OJP Grant Application Resource Guide for information on 

information technology security.

Statutory and Regulatory Requirements; Award Conditions

If selected for funding, in addition to implementing the funded project consistent with the OJPapproved application, the recipient must comply with award conditions and all applicable 

requirements of federal statutes and regulations (including applicable requirements referred to in 

the assurances and certifications executed at the time of award acceptance). 

OJP strongly encourages prospective applicants to review information on post-award legal 

requirements generally applicable to FY 2019 OJP awards and common OJP award conditions 

prior to submitting an application.

Individual FY 2019 awards made pursuant to this solicitation will, as appropriate and to the 

extent consistent with law, include conditions that will require the recipient (and any 

subrecipient) that accepts the award to do various things, with respect to the “program or 

activity” that would receive federal financial assistance thereunder. Although the specific 

terms of each of those conditions are what will govern the awards, included among such 

conditions will be some that, generally speaking, will require the recipient (and any 

subrecipient) that accepts the award to do some or all of the following:

x Not to violate 8 U.S.C. § 1373 (prohibiting restrictions on—

(1) communication to/from the Department of Homeland Security (“DHS”) of 

information regarding the citizenship or immigration status of any individual; and

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(2) maintaining, or exchanging with any government entity, information regarding 

the immigration status of any individual).

x Not to violate 8 U.S.C. § 1644 (prohibiting restrictions on communication to/from 

DHS of information regarding the immigration status of an alien).

x Not to publicly disclose federal law enforcement information in an attempt to conceal, 

harbor, or shield certain individuals from detection, including in violation of 18 U.S.C. §§ 

1071 or 1072, or 8 U.S.C. § 1324(a). 

x Not to impede the exercise of the authority of the Federal government under 8 U.S.C.

§ 1266(a) & (c) (authorizing arrest and detention of certain aliens and providing that the 

federal government “shall take into custody” certain criminal aliens “when the alien is 

released”) and 8 U.S.C. § 1231(a)(4) (relating to removal from the United States of aliens 

after detention/confinement at the federal, state, and local level), specifically by requiring 

such recipients to provide (where feasible) at least 48 hours’ advance notice to DHS 

regarding the scheduled release date and time of an alien in the recipient’s custody when 

DHS requests such notice in order to take custody of the alien pursuant to the Immigration 

and Nationality Act.

x Not to impede the exercise by DHS agents, “anywhere in or outside the United States” (8

C.F.R. § 287.5(a)(1)), of their authority under 8 U.S.C. § 1357(a)(1) to “interrogate any 

alien or person believed to be an alien as to his right to be or to remain in the United 

States,” specifically by requiring such recipients to permit DHS agents to have access to

any correctional facility in order to meet with an alien (or an individual believed to be an 

alien) and inquire as to his right to be or remain in the United States.

The reasonable costs (to the extent not reimbursed under any other federal program) of 

complying with these conditions, including honoring any duly authorized request from DHS that 

is encompassed by these conditions, will be allowable costs under the award.

General Information about Post-federal Award Reporting Requirements

In addition to the objectives described in Section A. Program Description, any recipient of an 

award under this solicitation will be required to submit the following reports and data.

Required reports. Recipients typically must submit quarterly financial status reports, semiannual progress reports, final financial and progress reports, and, if applicable, an annual audit 

report in accordance with the Part 200 Uniform Requirements or specific award conditions.

Future awards and fund drawdowns may be withheld if reports are delinquent. (In appropriate 

cases, OJP may require additional reports.)

See the OJP Grant Application Resource Guide for additional information on specific post-award 

reporting requirements, including performance measures data.

Accountability metrics data must be submitted through BJA’s Performance Measurement Tool 

(PMT), available at https://bjapmt.ojp.gov. The accountability measures are available at: 

https://bjapmt.ojp.gov/help/jagdocs.html. (Note that if a law enforcement agency receives JAG 

funds from a state, the state must submit quarterly accountability metrics data related to training 

that officers have received on use of force, racial and ethnic bias, de-escalation of conflict, and 

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constructive engagement with the public.)

OJP may restrict access to award funds if a recipient of an OJP award fails to report required 

performance measure data in a timely manner.

G. Federal Awarding Agency Contact(s)

For OJP contact(s), see page 2 of this solicitation. 

For contact information for GMS, see page 2.

H. Other Information

Freedom of Information and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. § 552a)

All applications submitted to OJP (including all attachments to applications) are subject to the federal 

Freedom of Information Act (FOIA) and to the Privacy Act. See the OJP Grant Application Resource 

Guide for information on DOJ and OJP processes with regard to application information requested 

pursuant to FOIA. 

Provide Feedback to OJP

To assist OJP in improving its application and award processes, OJP encourages applicants to 

provide feedback on this solicitation, the application submission process, and/or the application 

review process. See the OJP Grant Application Resource Guide for information on providing 

solicitation feedback to OJP

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Appendix A

Certifications and Assurances by the Chief Executive of the Applicant Government

Template for use by the chief executive of the state (e.g., the governor)

Visit https://www.bja.gov/Funding/FY2019StateJAGCEOCertification.pdf to download the most 

up-to-date version.

Note: By law, for purposes of the JAG Program, the term “states” includes the District of 

Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the U.S. Virgin 

Islands, Guam, and American Samoa.

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Appendix B

Certain relevant federal laws, as in effect on April 8, 2019

U.S.C. § 1373

Communication between government agencies and the Immigration and Naturalization 

Service

(a) In general

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local 

government entity or official may not prohibit, or in any way restrict, any government entity or 

official from sending to, or receiving from, the Immigration and Naturalization Service 

information regarding the citizenship or immigration status, lawful or unlawful, of any 

individual.

(b) Additional authority of government entities

Notwithstanding any other provision of Federal, State, or local law, no person or agency may 

prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of 

the following with respect to information regarding the immigration status, lawful or unlawful, 

of any individual:

(1) Sending such information to, or requesting or receiving such information 

from, the Immigration and Naturalization Service.

(2) Maintaining such information.

(3) Exchanging such information with any other Federal, State, or local government entity.

(c) Obligation to respond to inquiries

The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or 

local government agency, seeking to verify or ascertain the citizenship or immigration status 

of any individual within the jurisdiction of the agency for any purpose authorized by law, by 

providing the requested verification or status information.

8 U.S.C. § 1644

Communication between State and local government agencies and Immigration and 

Naturalization Service

Notwithstanding any other provision of Federal, State, or local law, no State or local government 

entity may be prohibited, or in any way restricted, from sending to or receiving from the 

Immigration and Naturalization Service information regarding the immigration status, lawful or 

unlawful, of an alien in the United States.

8 U.S.C. § 1226(a) & (c)

Apprehension and detention of aliens

(a) Arrest, detention, and release

On a warrant issued by the Attorney General, an alien may be arrested and detained pending a 

decision on whether the alien is to be removed from the United States. Except as provided in 

subsection (c) and pending such decision, the Attorney General--

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(1) may continue to detain the arrested alien; and

(2) may release the alien on--

(A) bond of at least $1,500 with security approved by, and containing 

conditions prescribed by, the Attorney General; or

(B) conditional parole; but

(3) may not provide the alien with work authorization (including an “employment 

authorized” endorsement or other appropriate work permit), unless the alien is lawfully 

admitted for permanent residence or otherwise would (without regard to removal 

proceedings) be provided such authorization.

(c)Detention of criminal aliens

(1) Custody

The Attorney General shall take into custody any alien who--

(A) is inadmissible by reason of having committed any offense covered in 

section 1182(a)(2) of this title,

(B) is deportable by reason of having committed any offense covered in 

section 1227(a)(2)(A)(ii), (A)(iii), (B), (C), or (D) of this title,

(C) is deportable under section 1227(a)(2)(A)(i) of this title on the basis of an

offense for which the alien has been sentence to a term of imprisonment of at 

least 1 year, or

(D) is inadmissible under section 1182(a)(3)(B) of this title or deportable

under section 1227(a)(4)(B) of this title,

when the alien is released, without regard to whether the alien is released on parole, 

supervised release, or probation, and without regard to whether the alien may be arrested 

or imprisoned again for the same offense.

(2) Release

The Attorney General may release an alien described in paragraph (1) only if the Attorney 

General decides pursuant to section 3521 of Title 18 that release of the alien from custody 

is necessary to provide protection to a witness, a potential witness, a person cooperating 

with an investigation into major criminal activity, or an immediate family member or close 

associate of a witness, potential witness, or person cooperating with such an investigation, 

and the alien satisfies the Attorney General that the alien will not pose a danger to the 

safety of other persons or of property and is likely to appear for any scheduled proceeding. 

A decision relating to such release shall take place in accordance with a procedure that 

considers the severity of the offense committed by the alien.

8 U.S.C. § 1231(a)(4)

(a) Detention, release, and removal of aliens ordered removed

***

(4) Aliens imprisoned, arrested, or on parole, supervised release, or probation

(A) In general

Except as provided in section 259(a) of title 42 and paragraph (2), the Attorney General 

may not remove an alien who is sentenced to imprisonment until the alien is released 

from imprisonment. Parole, supervised release, probation, or possibility of arrest or 

further imprisonment is not a reason to defer removal.

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(B) Exception for removal of nonviolent offenders prior to completion of sentence 

of imprisonment

The Attorney General is authorized to remove an alien in accordance with applicable 

procedures under this chapter before the alien has completed a sentence of 

imprisonment-

(i) in the case of an alien in the custody of the Attorney General, if the Attorney 

General determines that (I) the alien is confined pursuant to a final conviction for a 

nonviolent offense (other than an offense related to smuggling or harboring of 

aliens or an offense described in section 1101(a)(43)(B), (C), (E), (I), or (L) of this 

title and (II) the removal of the alien is appropriate and in the best interest of the 

United States; or

(ii) in the case of an alien in the custody of a State (or a political subdivision of a 

State), if the chief State official exercising authority with respect to the 

incarceration of the alien determines that (I) the alien is confined pursuant to a 

final conviction for a nonviolent offense (other than an offense described in section 

1101(a)(43)(C) or (E) of this title), (II) the removal is appropriate and in the best 

interest of the State, and (III) submits a written request to the Attorney General 

that such alien be so removed.

(C) Notice

Any alien removed pursuant to this paragraph shall be notified of the penalties under the 

laws of the United States relating to the reentry of deported aliens, particularly the 

expanded penalties for aliens removed under subparagraph (B).

(D) No private right

No cause or claim may be asserted under this paragraph against any official of the 

United States or of any State to compel the release, removal, or consideration for 

release or removal of any alien.

8 U.S.C. § 1324(a)

Bringing in and harboring certain aliens

(a) Criminal penalties

(1)(A) Any person who—

(i) knowing that a person is an alien, brings to or attempts to bring to the United 

States in any manner whatsoever such person at a place other than a designated 

port of entry or place other than as designated by the Commissioner, regardless 

of whether such alien has received prior official authorization to come to, enter, 

or reside in the United States and regardless of any future official action which 

may be taken with respect to such alien;

(ii) knowing or in reckless disregard of the fact that an alien has come to, 

entered, or remains in the United States in violation of law, transports, or moves 

or attempts to transport or move such alien within the United States by means of 

transportation or otherwise, in furtherance of such violation of law;

(iii) knowing or in reckless disregard of the fact that an alien has come to, 

entered, or remains in the United States in violation of law, conceals, harbors, 

or shields from detection, or attempts to conceal, harbor, or shield from 

detection, such alien in any place, including any building or any means of

transportation;

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(iv) encourages or induces an alien to come to, enter, or reside in the United 

States, knowing or in reckless disregard of the fact that such coming to, entry, 

or residence is or will be in violation of law; or

i. (v)(I) engages in any conspiracy to commit any of the preceding acts, or

ii. (II) aids or abets the commission of any of the preceding acts, shall be 

punished as provided in subparagraph (B).

(B) A person who violates subparagraph (A) shall, for each alien in respect to whom 

such a violation occurs—

(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a 

violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the 

purpose of commercial advantage or private financial gain, be fined under title 

18, imprisoned not more than 10 years, or both;

(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined 

under title 18, imprisoned not more than 5 years, or both;

(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during 

and in relation to which the person causes serious bodily injury (as defined in 

section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined 

under title 18, imprisoned not more than 20 years, or both; and

(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in 

the death of any person, be punished by death or imprisoned for any term of 

years or for life, fined under title 18, or both.

(C)It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of 

subparagraph (A) except where a person encourages or induces an alien to come to 

or enter the United States, for a religious denomination having a bona fide nonprofit, 

religious organization in the United States, or the agents or officers of such 

denomination or organization, to encourage, invite, call, allow, or enable an alien who 

is present in the United States to perform the vocation of a minister or missionary for 

the denomination or organization in the United States as a volunteer who is not 

compensated as an employee, notwithstanding the provision of room, board, travel, 

medical assistance, and other basic living expenses, provided the minister or 

missionary has been a member of the denomination for at least one year.

(2) Any person who, knowing or in reckless disregard of the fact that an alien has not 

received prior official authorization to come to, enter, or reside in the United States, brings to or 

attempts to bring to the United States in any manner whatsoever, such alien, regardless of any 

official action which may later be taken with respect to such alien shall, for each alien in respect 

to whom a violation of this paragraph occurs-

(A) be fined in accordance with title 18 or imprisoned not more than one year, or 

both; or

(B) in the case of-

(i) an offense committed with the intent or with reason to believe that the alien 

unlawfully brought into the United States will commit an offense against the United 

States or any State punishable by imprisonment for more than 1 year,

(ii) an offense done for the purpose of commercial advantage or private financial 

gain, or

(iii) an offense in which the alien is not upon arrival immediately brought and 

presented to an appropriate immigration officer at a designated port of entry,

be fined under title 18 and shall be imprisoned, in the case of a first or second violation of 

subparagraph (B)(iii), not more than 10 years, in the case of a first or second violation of

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subparagraph (B)(i) or (B)(ii), not less than 3 nor more than 10 years, and for any other 

violation, not less than 5 nor more than 15 years.

(3)(A) Any person who, during any 12-month period, knowingly hires for employment at least 

10 individuals with actual knowledge that the individuals are aliens described in subparagraph

(B) shall be fined under title 18 or imprisoned for not more than 5 years, or both.

(B) An alien described in this subparagraph is an alien who-

(i) is an unauthorized alien (as defined in section 1324a(h)(3) of this title), and

(ii) has been brought into the United States in violation of this subsection.

(4) In the case of a person who has brought aliens into the United States in violation of this 

subsection, the sentence otherwise provided for may be increased by up to 10 years if-

(A)the offense was part of an ongoing commercial organization or enterprise;

(B)aliens were transported in groups of 10 or more; and

(C)(i) aliens were transported in a manner that endangered their lives; or

(ii) the aliens presented a life-threatening health risk to people in the United States.

8 U.S.C. § 1357(a)

Powers of immigration officers and employees

(a) Any officer or employee of the Service authorized under regulations prescribed by the 

Attorney General shall have power without warrant—

(1) to interrogate any alien or person believed to be an alien as to his right to be or to

remain in the United States;

(2) to arrest any alien who in his presence or view is entering or attempting to enter 

the United States in violation of any law or regulation made in pursuance of law regulating 

the admission, exclusion, expulsion, or removal of aliens, or to arrest any alien in the 

United States, if he has reason to believe that the alien so arrested is in the United States 

in violation of any such law or regulation and is likely to escape before a warrant can be 

obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for 

examination before an officer of the Service having authority to examine aliens as to their 

right to enter or remain in the United States;

(3) within a reasonable distance from any external boundary of the United States, to 

board and search for aliens any vessel within the territorial waters of the United States 

and any railway car, aircraft, conveyance, or vehicle, and within a distance of twenty-five 

miles from any such external boundary to have access to private lands, but not 

dwellings, for the purpose of patrolling the border to prevent the illegal entry of aliens 

into the United States;

(4) to make arrests for felonies which have been committed and which are cognizable 

under any law of the United States regulating the admission, exclusion, expulsion, or 

removal of aliens, if he has reason to believe that the person so arrested is guilty of such 

felony and if there is likelihood of the person escaping before a warrant can be obtained 

for his arrest, but the person arrested shall be taken without unnecessary delay before 

the nearest available officer empowered to commit persons charged with offenses against

the laws of the United States; and

(5) to make arrests-

(A) for any offense against the United States, if the offense is committed in the officer's 

or employee's presence, or

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(B) for any felony cognizable under the laws of the United States, if the officer or

employee has reasonable grounds to believe that the person to be arrested has 

committed or is committing such a felony,

if the officer or employee is performing duties relating to the enforcement of the 

immigration laws at the time of the arrest and if there is a likelihood of the person 

escaping before a warrant can be obtained for his arrest.

Under regulations prescribed by the Attorney General, an officer or employee of the Service 

may carry a firearm and may execute and serve any order, warrant, subpoena, summons, or 

other process issued under the authority of the United States. The authority to make arrests 

under paragraph (5)(B) shall only be effective on and after the date on which the Attorney 

General publishes final regulations which (i) prescribe the categories of officers and 

employees of the Service who may use force (including deadly force) and the circumstances 

under which such force may be used, (ii) establish standards with respect to enforcement 

activities of the Service, (iii) require that any officer or employee of the Service is not 

authorized to make arrests under paragraph (5)(B) unless the officer or employee has 

received certification as having completed a training program which covers such arrests and 

standards described in clause (ii), and (iv) establish an expedited, internal review process for 

violations of such standards, which process is consistent with standard agency procedure 

regarding confidentiality of matters related to internal investigations.

8 U.S.C. § 1366(1) & (3)

Annual report on criminal aliens

Not later than 12 months after September 30, 1996, and annually thereafter, the Attorney 

General shall submit to the Committees on the Judiciary of the House of Representatives and of 

the Senate a report detailing—

(1) the number of illegal aliens incarcerated in Federal and State prisons for having 

committed felonies, stating the number incarcerated for each type of offense;

***

(3) programs and plans underway in the Department of Justice to ensure the prompt 

removal from the United States of criminal aliens subject to removal; . . . .

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Appendix C

Information regarding Communication with the Department of Homeland Security (DHS) 

and/or Immigration and Customs Enforcement (ICE)

Each applicant must provide responses to the following questions as an attachment to the 

application:

(1) Does your jurisdiction have any laws, policies, or practices related to 

whether, when, or how employees may communicate with DHS or ICE?

(2) Is your jurisdiction subject to any laws from a superior political entity (e.g., a 

state law that binds a city) that meet the description in question 1?

(3) If yes to either:

x Please provide a copy of each law or policy;

x Please describe each practice; and

x Please explain how the law, policy, or practice complies with section 1373.

Note: Responses to these questions must be provided by the applicant to BJA as part of the 

JAG application. Further, the requirement to provide this information applies to all tiers of JAG 

funding, for all subawards made to state or local government entities, including public 

institutions of higher education. All subrecipient responses must be collected and maintained by 

the direct recipient of JAG funding and must be made available to DOJ upon request.

Responses to these questions are not required from subrecipients that are either a tribal 

government/organization, a nonprofit organization, or a private institution of higher education.

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Appendix D

Additional purposes for which JAG funds awarded to a state under this FY 2019 solicitation may 

be used:

(a) To enforce state and local laws that establish offenses similar to offenses 

established in 21 U.S.C. § 801 et seq., to improve the functioning of the criminal justice 

system, with emphasis on violent crime and serious offenders, by means including 

providing additional personnel, equipment, training, technical assistance, and 

information systems for the more widespread apprehension, prosecution, adjudication, 

detention, and rehabilitation of persons who violate these laws, and to assist the victims 

of such crimes (other than compensation), including—

(1) demand-reduction education programs in which law enforcement 

officers participate;

(2) multi-jurisdictional task-force programs that integrate federal, 

state, and local drug-law-enforcement agencies and prosecutors for the purpose 

of enhancing inter-agency co-ordination and intelligence, and facilitating multijurisdictional investigations;

(3) programs designed to target the domestic sources of controlled 

and illegal substances, such as precursor chemicals, diverted pharmaceuticals, 

clandestine laboratories, and cannabis cultivations;

(4) providing community and neighborhood programs that assist 

citizens in preventing and controlling crime, including special programs that 

address the problems of crimes committed against the elderly and special 

programs for rural jurisdictions;

(5) disrupting illicit commerce in stolen goods and property;

(6) improving the investigation and prosecution of white-collar crime, 

organized crime, public-corruption crimes, and fraud against the government, 

with priority attention to cases involving drug-related official corruption;

(7) (A) improving the operational effectiveness of law enforcement 

through the use of crime-analysis techniques, street-sales enforcement, 

schoolyard-violator programs, and gang-related and low-income-housing drugcontrol programs; and

(B) developing and implementing anti-terrorism plans for deepdraft ports, international airports, and other important facilities;

(8) career-criminal prosecution programs, including the development 

of proposed model drug-control legislation;

(9) financial investigative programs that target the identification of 

money-laundering operations and assets obtained through illegal drug trafficking, 

including the development of proposed model legislation, financial investigative 

training, and financial information-sharing systems;

(10) improving the operational effectiveness of the court process, by 

expanding prosecutorial, defender, and judicial resources, and implementing 

court-delay-reduction programs;’

(11) programs designed to provide additional public correctional 

resources and improve the corrections system, including treatment in prisons and 

jails, intensive-supervision programs, and long-range corrections and sentencing 

strategies;

providing prison-industry projects designed to place inmates in a realistic 

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working and training environment that will enable them to acquire marketable 

skills and to make financial payments for restitution to their victims, for support 

of their own families, and for support of themselves in the institution;

(12) providing programs that identify and meet the treatment needs of 

adult and juvenile drug-dependent and alcohol-dependent offenders;

(13) developing and implementing programs that provide assistance to 

jurors and witnesses, and assistance (other than compensation) to victims of 

crimes;

(15)(A) developing programs to improve drug-control technology, such as pretrial 

drug-testing programs, programs that provide for the identification, assessment, 

referral to treatment, case-management and monitoring of drug- dependent 

offenders, and enhancement of state and local forensic laboratories; and

(B) developing programs to improve criminal justice 

information systems (including automated fingerprint identification 

systems) to assist law enforcement, prosecution, courts, and corrections 

organizations;

(16) innovative programs that demonstrate new and different 

approaches to enforcement, prosecution, and adjudication of drug offenses and 

other serious crimes;

(17) addressing the problems of drug trafficking and the illegal 

manufacture of controlled substances in public housing;

(18) improving the criminal and juvenile justice system’s response to 

domestic and family violence, including spouse abuse, child abuse, and abuse of 

the elderly;

(19) drug-control evaluation programs that the state and units of local 

government may utilize to evaluate programs and projects directed at state drugcontrol activities;

(20) providing alternatives to prevent detention, jail, and prison for 

persons who pose no danger to the community;

(21) programs of which the primary goal is to strengthen urban 

enforcement and prosecution efforts targeted at street drug sales;

(22) programs for the prosecution of driving while intoxicated charges 

and the enforcement of other laws relating to alcohol use and the operation of 

motor vehicles;

(23) programs that address the need for effective bindover systems for 

the prosecution of violent 16- and 17-year-old juveniles, in courts with jurisdiction 

over adults, for the crimes of—

(A) murder in the first degree;

(B) murder in the second degree;

(C) attempted murder;

(D) armed robbery when armed with a firearm;

(E) aggravated battery or assault when armed with a firearm;

(F) criminal sexual penetration when armed with a firearm;

and

(G) drive-by shootings as described 18 U.S.C. § 36;

(24) law-enforcement and prevention programs relating to gangs or to 

youth who are involved or at risk of involvement in gangs;

(25) developing or improving, in a forensic laboratory, a capability to 

analyze DNA for identification purposes; and

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(b) developing and implementing anti-terrorism training programs and 

procuring equipment for use by local law-enforcement authorities; and To reduce 

crime and improve public safety, including but not limited to, the following:

(1)(A) hiring, training, and employing on a continuing basis new, 

additional law enforcement officers and necessary support personnel;

(B) paying overtime to presently-employed law enforcement 

officers and necessary support personnel for the purpose of increasing 

the number of hours worked by such personnel; and

(C) procuring equipment, technology, and other material 

directly related to basic law-enforcement functions;

(2) enhancing security measures—

(A) in and around schools; and

(B) in and around any other facility or location that is 

considered by the unit of local government to have a special risk for 

incidents of crime;

(3) establishing crime-prevention programs that may, though not 

exclusively, involve law-enforcement officials and that are intended to 

discourage, disrupt, or interfere with the commission of criminal activity, including 

neighborhood-watch and citizen-patrol programs, sexual-assault and domesticviolence programs, and programs intended to prevent juvenile crime;

(4) establishing or supporting drug courts;

(5) establishing early-intervention and -prevention programs for 

juveniles, in order to reduce or eliminate crime;

(6) enhancing the adjudication process of cases involving violent 

offenders, including violent juvenile offenders;

(7) enhancing programs under (a), above;

(8) establishing co-operative task forces between adjoining units of 

local government to work co-operatively to prevent and combat criminal activity, 

particularly criminal activity that is exacerbated by drug- or gang-related 

involvement; and establishing a multi-jurisdictional task force, particularly in

rural areas, composed of law-enforcement officials representing units of local 

government, that works with federal law-enforcement officials to prevent and 

control crime.

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Appendix E

Application Checklist

Edward Byrne Memorial Justice Assistance Grant (JAG) 

Program: FY 2019 State Solicitation

This application checklist has been created as an aid in developing an application.

What an Applicant Should Do:

Prior to Registering in GMS:

Acquire a DUNS Number (see the OJP 

Grant Application Resource Guide)

Acquire or renew registration with SAM (see the OJP 

Grant Application Resource Guide)

To Register with GMS:

For new users, acquire a GMS username and password* (see the OJP 

Grant Application Resource Guide)

For existing users, check GMS username and password* to ensure account access

(see the OJP Grant Application Resource Guide)

Verify SAM registration in GMS (see the OJP 

Grant Application Resource Guide)

Search for correct funding opportunity in GMS (see the OJP 

Grant Application Resource Guide)

Select correct funding opportunity in GMS (see the OJP 

Grant Application Resource Guide)

Register by selecting the “Apply Online” button associated with the funding opportunity 

title (see the OJP Grant Application Resource Guide)

Read OJP policy and guidance on conference approval, planning, and reporting 

available at ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.10a.htm

(see page 18)

If experiencing technical difficulties in GMS, contact the NCJRS Response Center

(see page 2)

*Password Reset Notice – GMS users are reminded that while password reset capabilities exist, 

this function is only associated with points of contact designated within GMS at the time the 

account was established. Neither OJP nor the GMS Help Desk will initiate a password reset 

unless requested by the authorized official or a designated point of contact associated with an

award or application.

Overview of Post-Award Legal Requirements:

Review the “Overview of Legal Requirements Generally Applicable to OJP Grants and

Cooperative Agreements - FY 2018 Awards” in the OJP Funding Resource Center at 

https://ojp.gov/funding/index.htm.

Scope Requirement:

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BJA-2019-15142

The federal amount requested is within the allowable limit(s) of the FY 2019 JAG 

Allocations List as listed on BJA’s JAG web page.

Eligibility Requirement:

Only states may apply under this solicitation. By law, for purposes of the JAG Program, the term 

“states” includes the District of Columbia, the Commonwealth of Puerto Rico, the Northern 

Mariana Islands, the U.S. Virgin Islands, Guam, and American Samoa. (Throughout this

solicitation, each reference to a state or states includes all 56 jurisdictions.)

What an Application Should Include:

Application for Federal Assistance (SF-424) (see page 18)

Intergovernmental Review (see page 18)

Program Narrative (see page 19)

Budget Detail Worksheet (see page 20)

Budget Narrative (see page 20)

Indirect Cost Rate Agreement (if applicable) (see page 21)

Financial Management and System of Internal Controls Questionnaire (see page 21)

Disclosure of Lobbying Activities (SF-LLL) (if applicable) (see page 21)

Certifications and Assurances by Chief Executive (see page 21)

__ Applicant Disclosure of Pending Applications (see page 21)

_____ Applicant Disclosure and Justification – DOJ High Risk Grantees (if applicable)

(see page 22)

 ______ Research and Evaluation Independence and Integrity (if applicable) (see page 29)

Additional Attachments

______Information regarding Communication with the Department of Homeland Security (DHS) 

and/or Immigration and Customs Enforcement (ICE) (see page 22)

______State Governing Body Review (see page 22)

State Strategic Plan (if applicable) (see page 23)

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 287 of 311
Exhibit 

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 288 of 311
U.S. Department of Justice

Office of Justice Programs

Office of the Assistant Attorney General Washington, D.C. 20531

September 24, 2019

Ms. Kathleen Howard

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3200

Dear Ms. Howard:

On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs has 

approved your application for funding under the FY 19 Title II in the amount of $4,532,679 for California Board of State and 

Community Corrections.

Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and 

financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim 

audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you 

will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative

action as appropriate.

If you have questions regarding this award, please contact:

 - Program Questions, Ricco Hall, Program Manager at (202) 616-3807; and

 - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at 

 (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.

Congratulations, and we look forward to working with you.

Sincerely,

Enclosures

Katharine T. Sullivan

Principal Deputy Assistant Attorney General

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 289 of 311
U.S. Department of Justice

Office of Justice Programs

September 24, 2019

Ms. Kathleen Howard

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3200

Congratulations on your recent award! The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of 

Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office

of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in 

discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of 

the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with 

those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require 

compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and 

nondiscrimination requirements, in connection with OJP and other DOJ awards, see

https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm

Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or 

groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits 

permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards.

If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency 

Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection 

with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) 

submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, 

subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), 

.205(c)(5). Please submit information about any adverse finding to the OCR at the above address. 

We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and 

other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination 

responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know.

Dear Ms. Howard:

Sincerely,

Michael L. Alston

Director

cc: Grant Manager

Financial Analyst

Washington, DC 20531

Office of Civil Rights

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 290 of 311
Grant

PAGE 1 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

1. RECIPIENT NAME AND ADDRESS (Including Zip Code)

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3200

8. SUPPLEMENT NUMBER

00

9. PREVIOUS AWARD AMOUNT

10. AMOUNT OF THIS AWARD

 $ 0

 $ 4,532,679

11. TOTAL AWARD $ 4,532,679

2a. GRANTEE IRS/VENDOR NO.

680282717

2b. GRANTEE DUNS NO.

949095731

3. PROJECT TITLE

FY19 Title II Grant Program

12. SPECIAL CONDITIONS

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH

ON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITY FOR GRANT

This project is supported under FY19(OJJDP - Part B – Formula award to State – may include prior year) 34 USC 11131; title I of Public Law 90-351 (generally 

codified at 34 USC ch. 101); 28 USC 530C(a)

14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 

16.540 - Juvenile Justice and Delinquency Prevention_Allocation to States

15. METHOD OF PAYMENT

GPRS

AGENCY APPROVAL

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL

GRANTEE ACCEPTANCE

Katharine T. Sullivan

Principal Deputy Assistant Attorney General

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES 21.

FISCAL

YEAR

FUND

CODE

BUD.

ACT. OFC.

DIV.

REG. SUB. POMS AMOUNT

X 70 00 00 4532679 F JX

UJXTGT0158

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

Kathleen Howard

Executive Director)

4. AWARD NUMBER: 2019-JX-FX-0026

5. PROJECT PERIOD: FROM

BUDGET PERIOD: FROM

6. AWARD DATE 7. ACTION

Initial

09/24/2019

TO

TO

10/01/2019

10/01/2019

09/30/2023

09/30/2023

OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE

18

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 291 of 311
AWARD CONTINUATION

SHEET

Grant

PAGE 2 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

Requirements of the award; remedies for non-compliance or for materially false statements

The conditions of this award are material requirements of the award. Compliance with any assurances or certifications 

submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material 

requirement of this award. By signing and accepting this award on behalf of the recipient, the authorized recipient 

official accepts all material requirements of the award, and specifically adopts all such assurances or certifications as if 

personally executed by the authorized recipient official.

Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a 

condition incorporated by reference below, or an assurance or certification related to conduct during the award period -

- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the 

award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award.

The U.S. Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment 

or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621,

and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false

claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision 

shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be 

held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this

award.

Applicability of Part 200 Uniform Requirements

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted 

and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 

2019 award from OJP.

The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2019 award 

supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before 

December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number 

(regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that 

are obligated on or after the acceptance date of this FY 2019 award.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards

("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at 

any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 

425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at 

any tier) must provide access, include performance measurement information, in addition to the financial records, 

supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP 

that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the 

recipient is to contact OJP promptly for clarification.

1.

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Compliance with DOJ Grants Financial Guide

References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website 

(currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any 

updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ 

Grants Financial Guide.

Reclassification of various statutory provisions to a new Title 34 of the United States Code

On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially 

reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The 

reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and 

cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been 

reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to 

Title 34. This rule of construction specifically includes references set out in award conditions, references set out in 

material incorporated by reference through award conditions, and references set out in other award requirements.

Required training for Point of Contact and all Financial Points of Contact

Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully 

completed an "OJP financial management and grant administration training" by 120 days after the date of the 

recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2017, will satisfy 

this condition.

In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or 

FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 

calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new 

POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful 

completion of such a training on or after January 1, 2017, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for 

purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition 

include a session on grant fraud prevention and detection

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to 

comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate 

conditions on this award.

Requirements related to "de minimis" indirect cost rate

A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" 

indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise

OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 

Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined 

by the Part 200 Uniform Requirements.

3.

4.

5.

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Requirement to report potentially duplicative funding

If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal 

funds during the period of performance for this award, the recipient promptly must determine whether funds from any 

of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the 

identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ 

awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ 

awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to 

eliminate any inappropriate duplication of funding.

Requirements related to System for Award Management and Universal Identifier Requirements

The recipient must comply with applicable requirements regarding the System for Award Management (SAM), 

currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, 

as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients 

(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the 

recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site 

at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal 

Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to

any business or non-profit organization that he or she may own or operate in his or her name).

7.

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Employment eligibility verification for hiring under the award

1. The recipient (and any subrecipient at any tier) must--

A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole 

or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the 

individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under 

this award of both--

(1) this award requirement for verification of employment eligibility, and

(2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United 

States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award 

requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain 

records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with

Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

A. Staff involved in the hiring process

For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes

(without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the 

hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify

For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the 

recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an 

appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper 

E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to 

confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or 

in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United 

States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 

9.

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any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient 

at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) 

and (2).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify 

website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email EVerify at E-VerifyEmployerAgent@dhs.gov.

Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Requirement to report actual or imminent breach of personally identifiable information (PII)

The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an 

actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, 

maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the 

scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB 

Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of 

PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an 

imminent breach.

All subawards ("subgrants") must have specific federal authorization

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for 

authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants 

administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement 

"contract").

The details of the requirement for authorization of any subaward are posted on the OJP web site at 

https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have 

specific federal authorization), and are incorporated by reference here.

Specific post-award approval required to use a noncompetitive approach in any procurement contract that would 

exceed $250,000

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain 

specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the 

Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of 

federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider 

a subaward).

The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under 

an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm 

(Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract 

(if contract would exceed $250,000)), and are incorporated by reference here.

10.

11.

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Unreasonable restrictions on competition under the award; association with federal government

SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in 

part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of 

the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of 

this condition must be among those included in any subaward (at any tier).

1. No discrimination, in procurement transactions, against associates of the federal government

Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring 

awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and 

associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 

200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open 

competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on 

firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no 

recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on

the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or 

entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 

200.319(a) or as specifically authorized by USDOJ.

2. Monitoring

The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs

To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction

A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at 

present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant 

recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on 

behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for 

such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, 

project, or activity (or to provide such goods or services) in future.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 

any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

13.

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Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and 

OJP authority to terminate award)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including 

requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the 

part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" 

of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the 

OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited 

conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP 

authority to terminate award)), and are incorporated by reference here.

Determination of suitability to interact with participating minors

SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by 

DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an 

associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by

the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may 

interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm 

(Award condition: Determination of suitability required, in advance, for certain individuals who may interact with 

participating minors), and are incorporated by reference here.

Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and 

other events

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, 

policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where 

applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), 

including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ 

Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Requirement for data on performance and effectiveness under the award

The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. 

The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program 

solicitation or other applicable written guidance. Data collection supports compliance with the Government 

Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

OJP Training Guiding Principles

Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or 

delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, 

available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm.

14.

15.

16.

17.

18.

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Effect of failure to address audit issues

The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold 

award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient 

does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform 

Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, 

investigations, or reviews of DOJ awards.

Potential imposition of additional requirements

The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency 

(OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an 

equal employment opportunity program.

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."

Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 

C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding 

written notice to program beneficiaries and prospective program beneficiaries.

Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the 

basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious

practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient 

("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements 

that pertain to recipients and subrecipients that are faith-based or religious organizations.

The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at 

https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 

38, under e-CFR "current" data.

19.

20.

21.

22.

23.

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Restrictions on "lobbying"

In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any 

subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, 

modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There 

may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be 

barred by law.)

Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any 

subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of 

Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or 

cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, 

or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that 

applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might

fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the

express prior written approval of OJP.

Compliance with general appropriations-law restrictions on the use of federal funds (FY 2019)

The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of

federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general 

provisions" in the Consolidated Appropriations Act, 2019, are set out at 

https://ojp.gov/funding/Explore/FY19AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might 

fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not 

proceed without the express prior written approval of OJP.

Reporting potential fraud, waste, and abuse, and similar misconduct

The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General 

(OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person 

has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) 

committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar 

misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the 

OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm 

(select "Submit Report Online"); (2) mail directed to: Office of the Inspector General, U.S. Department of Justice, 

Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (3) by facsimile 

directed to the DOJ OIG Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

24.

25.

26.

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Restrictions and certifications regarding non-disclosure agreements and related matters

No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or 

subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality 

agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in 

accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal 

department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene 

requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to 

sensitive compartmented information), or any other form issued by a federal department or agency governing the 

nondisclosure of classified information.

1. In accepting this award, the recipient--

a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees 

or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or 

contractors from reporting waste, fraud, or abuse as described above; and

b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute 

agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, 

or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt 

written notification to the federal agency making this award, and will resume (or permit resumption of) such 

obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or 

both--

a. it represents that--

(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds 

(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either 

requires or has required internal confidentiality agreements or statements from employees or contractors that currently 

prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,

fraud, or abuse as described above; and

(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and

b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds 

under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit 

or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will 

immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to 

the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly 

authorized to do so by that agency.

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Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)

The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 

U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an 

employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a 

gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public 

health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of 

employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to 

contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Encouragement of policies to ban text messaging while driving

Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 

51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies 

banning employees from text messaging while driving any vehicle during the course of performing work funded by this

award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease 

crashes caused by distracted drivers.

Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ

If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time 

during the course of the period of performance under this award, the recipient must disclose that fact and certain related

information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk 

includes any status under which a federal awarding agency provides additional oversight due to the recipient's past 

performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include 

the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient 

was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and 

email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

The recipient agrees that, consistent with applicable State law, staff directly associated with administration of the 

OJJDP Formula Grants Program will attend and participate in conferences, workshops, training sessions and other 

national or regional meetings deemed by OJJDP to be critical to the administration of this Program. OJJDP will 

determine which staff and the number of staff that should attend each meeting, consistent with the scope and subject 

matter of the meeting. Cost of attendance will be borne by the recipient as an administrative cost to the grant or paid 

from State Advisory Group set aside funds under Section 222(d), as appropriate.

The recipient agrees to comply with all Formula Grants Program requirements as outlined in the Juvenile Justice and 

Delinquency Prevention Act of 2002, the applicable guidelines, the Certified Assurances; and the most recent OJJDP 

Formula Grants Consolidated Regulation (28 CFR Part 31), to the extent that those regulations are not in conflict with 

the above.

28.

29.

30.

31.

32.

OJP FORM 4000/2 (REV. 4-88)

18

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 302 of 311
AWARD CONTINUATION

SHEET

Grant

PAGE 13 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

Recipient agrees that, as required by federal law [31 U.S.C. 1301(a)], the funds allocated to support its State Advisory 

Group (SAG) pursuant to 42 U.S.C. 5632(d) must be expended in a manner consistent with the purposes set forth at 42 

U.S.C. 5633(a)(3)(B), (C), and (D). If recipient's SAG chooses to use a portion of its limited formula grant set-aside 

for organizational membership fees, such costs are only allowable if those costs meet the requirements of OMB 

Circular A-87. Accordingly, organizational membership fees paid with federal formula grant funds are permissible 

expenditures only to the extent that such membership advances State or local (as opposed to national) interests. The 

use of federal funds for 1) cash or in-kind contributions, 2) donations, or 3) payment of membership fees in 

organizations substantially engaged in lobbying , is specifically prohibited by OMB Circular A-87, Attachment B.

Pursuant to Section 223(a)(3)(A)(iii) of the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (42 

U.S.C. § 5601, et seq.), the chairperson of the State Advisory Group cannot be a full-time employee of the Federal, 

State, or local government. This prohibition applies also to an Acting Chair, or other person assuming the duties and 

responsibilities of the Chair, whether permanently or on a temporary basis.

The recipient agrees to submit its Annual Performance Report for the prior federal fiscal year, no later than December 

30 of each year, to the Office of Justice Programs, Grants Management System.

The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) 

using the SF 425 Federal Financial Report form (available for viewing at https://www.gsa.gov/forms-library/federalfinancial-report), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not 

later than 90 days following the end of the award period.

FFATA reporting: Subawards and executive compensation

The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or 

more and, in certain circumstances, to report the names and total compensation of the five most highly compensated 

executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient

obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted

on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and 

Executive Compensation), and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an 

award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit 

organization that he or she may own or operate in his or her name).

33.

34.

35.

36.

37.

OJP FORM 4000/2 (REV. 4-88)

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AWARD CONTINUATION

SHEET

Grant

PAGE 14 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373; ongoing 

compliance

1. With respect to the "program or activity" funded in whole or part under this award (including any such program or 

activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, -

agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or 

receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government

entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration

status as described in 8 U.S.C. 1373(b). Any prohibition (or restriction) that violates this condition is an "informationcommunication restriction" under this award.

2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of 

this condition.

3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the 

extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a 

local government, or a public institution of higher education, incurs to implement this condition.

4. Rules of Construction

A. For purposes of this condition:

(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher 

education or any Indian tribe.

(2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or

in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," 

and its officials to be "government officials.")

(3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

(4) "Immigration status" means what it means under 8 U.S.C. 1373; and terms that are defined in 8 U.S.C. 1101 mean 

what they mean under that section 1101, except that "State" also includes American Samoa.

(5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of 

Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 are to be read as references to

particular components of the Department of Homeland Security (DHS).

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any 

State or local government, any public institution of higher education, or any other entity (or individual) to violate any 

federal law, including any applicable civil rights or nondiscrimination law.

IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before 

award acceptance.

38.

OJP FORM 4000/2 (REV. 4-88)

18

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AWARD CONTINUATION

SHEET

Grant

PAGE 15 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373; ongoing compliance

1. Throughout the period of performance, no State or local government entity, -agency, or -official may use funds 

under this award (including under any subaward, at any tier) to prohibit or in any way restrict-- (1) any government 

entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 

U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or 

exchanging information regarding immigration status as described in 8 U.S.C. 1373(b). Any prohibition (or restriction) 

that violates this condition is an "information-communication restriction" under this award.

2. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of 

this condition.

3. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the 

extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the 

reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a 

local government, or a public institution of higher education, incurs to implement this condition.

4. Rules of Construction. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference 

(within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373; ongoing compliance" condition

are incorporated by reference as though set forth here in full.

39.

OJP FORM 4000/2 (REV. 4-88)

18

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AWARD CONTINUATION

SHEET

Grant

PAGE 16 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal 

law enforcement: 8 U.S.C. 1373; unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient

(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is 

funded in whole or in part with award funds is subject to any "information-communication restriction."

B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to 

reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient 

at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in 

whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation 

by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient 

(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the 

award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 

U.S.C. 1373; ongoing compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance 

with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the 

recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher 

education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a 

subrecipient that is a State, a local government, or a public institution of higher education must require prompt 

notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an 

information-communication restriction.

2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher 

education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program 

or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with 

award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling 

circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and 

transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award 

funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any 

such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent 

monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373; ongoing

compliance" award condition.

4. Rules of Construction

A. For purposes of this condition "information-communication restriction" has the meaning set out in the 

"Noninterference ... 8 U.S.C. 1373; ongoing compliance" condition.

B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373; 

ongoing compliance" condition are incorporated by reference as though set forth here in full.

40.

OJP FORM 4000/2 (REV. 4-88)

18

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 306 of 311
AWARD CONTINUATION

SHEET

Grant

PAGE 17 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

Authority to obligate award funds contingent on no use of funds to interfere with federal law enforcement: 8 U.S.C. 

1373; unallowable costs; notification

1. If the recipient is a "State," a local government, or a "public" institution of higher education:

A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient

(or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is 

funded in whole or in part with award funds is subject to any "information-communication restriction."

B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to 

reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient 

at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in 

whole or in part with award funds was subject to any information-communication restriction.

C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation 

by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient 

(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the 

award condition entitled "No use of funds to interfere with federal law enforcement: 8 U.S.C. 1373; ongoing 

compliance."

D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance 

with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the 

recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher 

education, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a 

subrecipient that is a State, a local government, or a public institution of higher education must require prompt 

notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an 

information-communication restriction.

2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher 

education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program 

or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with 

award funds is subject to any information-communication restriction.

3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling 

circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and 

transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award 

funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any 

such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent 

monitoring of subrecipient compliance with the requirements set out in the "No use of funds to interfere ... 8 U.S.C. 

1373; ongoing compliance" award condition.

4. Rules of Construction. The "Rules of Construction" set out in the "Authority to obligate award funds contingent on 

noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373; unallowable 

costs; notification" condition are incorporated by reference as though set forth here in full.

The award recipient agrees, as a condition of award approval, to comply with the requirements of 28 CFR Part 22, 

including the requirement to submit a properly executed Privacy Certificate that is in accordance with the requirements 

of 28 CFR Section 22.23 to OJJDP for approval. The award recipient will also monitor and appropriately manage any 

subrecipients and/or subcontracts to ensure compliance with 28 CFR Section 22.23.

41.

42.

OJP FORM 4000/2 (REV. 4-88)

18

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AWARD CONTINUATION

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Grant

PAGE 18 OF

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

PROJECT NUMBER 2019-JX-FX-0026 AWARD DATE 09/24/2019

SPECIAL CONDITIONS

The award recipient agrees, as a condition of award approval, to comply with the requirements of 28 CFR Part 46 and 

all other Department of Justice/ Office of Justice Programs policies and procedures regarding the protection of human 

research subjects, including informed consent procedures and obtainment of Institutional Review Board (IRB) 

approval, if appropriate. The award recipient will also monitor and appropriately manage any subrecipients and/or 

subcontracts to ensure compliance with 28 CFR Part 46.

The recipient may not obligate, expend, or draw down funds until the recipient has submitted a revised budget and 

budget narrative reflecting the total amount of this award, and a Grant Adjustment Notice has been issued to remove 

this special condition.

Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and 

administrative proceedings to SAM and FAPIIS

The recipient must comply with any and all applicable requirements regarding reporting of information on civil, 

criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or 

any other grant, cooperative agreement, or procurement contract from the federal government. Under certain 

circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal 

System for Award Management (known as "SAM"), to the designated federal integrity and performance system 

(currently, "FAPIIS"). 

The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, 

criminal, and administrative proceedings to the federal designated integrity and performance system (currently, 

"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition: 

Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by 

reference here.

43.

44.

45.

OJP FORM 4000/2 (REV. 4-88)

18

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 308 of 311
Memorandum To:

From:

Subject:

Washington, D.C. 20531

Lou Ann Holland, OJJDP NEPA Coordinator

Incorporates NEPA Compliance in Further Developmental Stages for California 

Board of State and Community Corrections

The Title II Part B Formula Grant Program supports state and local efforts to plan, establish, operate, coordinate 

and evaluate policies and projects, directly or through grants and contracts with public and private agencies, for the

development of more effective education, training, research, prevention, diversion, treatment, and rehabilitation 

programs in the area of juvenile delinquency and programs to improve the juvenile justice system. All recipients of

Title II funding must assist OJJDP in complying with NEPA and other related federal environmental impact 

analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a 

subgrantee or third party. Accordingly, prior to obligating funds under this award for any of the specified activities,

the grantee must first confer with OJJDP to determine if further environmental analysis is required.

The specified activities requiring environmental analysis are:

a. New construction*;

b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, 

including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a 

property listed on or eligible for listing on the National Register of Historic Places;

c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic 

prior use or (b) significantly change its size;

d. Research and technology whose anticipated and future application could be expected to have an effect on the 

environment; and

e. Implementation of a program involving the use of chemicals other than chemicals that are (a) purchased as an 

incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational,

or education environments.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental 

Impact Statement, as directed by OJJDP.

Please be sure to carefully review the grant conditions on your award document, as they may contain more specific 

information about environmental compliance.

*Use of Formula Grant funds for construction is generally prohibited, pursuant to 42 U.S.C.5674(b), except for the 

construction of an innovative community-based facility for fewer than 20 persons which, in the judgment of the 

OJJDP Administrator, is necessary to carry out the purposes of the Formula Grant Program. "Construction" is 

defined at 42 U.S.C.103(10) as "acquisition, expansion, remodeling, and alteration of existing buildings, and initial

equipment of any such buildings, or any combination of such activities (including architects' fees but not the cost 

of acquisition of land for buildings..."

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and Delinquency Prevention

Official Grant File

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 309 of 311
GRANT MANAGER'S MEMORANDUM, PT. I: 

PROJECT SUMMARY

1. STAFF CONTACT (Name & telephone number)

PROJECT NUMBER

6. NAME & ADRESS OF SUBGRANTEE

7. PROGRAM PERIOD 8. BUDGET PERIOD

9. AMOUNT OF AWARD 10. DATE OF AWARD

11. SECOND YEAR'S BUDGET

2019-JX-FX-0026

2. PROJECT DIRECTOR (Name, address & telephone number)

4. TITLE OF PROJECT

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

5. NAME & ADDRESS OF GRANTEE

Grant

This project is supported under FY19(OJJDP - Part B – Formula award to State – may include prior year) 34 USC 11131; title I of Public Law 90-351 (generally 

codified at 34 USC ch. 101); 28 USC 530C(a)

Timothy Polasik

Field Representative

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3200

(916) 621-2853

PAGE 1 1 OF

The Formula Grants Program is authorized under the Juvenile Justice and Delinquency Prevention (JJDP) Act. The purpose of this program is to support state and 

local delinquency prevention and intervention efforts and juvenile justice system improvements. Supported activities and efforts may include: planning and 

administration; state advisory group allocation; compliance monitoring; disproportionate minority contact; juvenile justice issues for Native American Indian tribes; 

prevention of substance abuse by juveniles; prevention of serious and violent crimes by juveniles; prevention of juvenile gang involvement and illegal youth gang 

activities; prevention of delinquent acts and identification of youth at risk of delinquency; and improvement of juvenile justice system operations, policies, and 

procedures including establishing a system of graduated sanctions, treatment programs, and aftercare as found in section 223(a) of the JJDP Act. 

The California Board of State and Community Corrections will use funding to support: Aftercare/Reentry, Alternatives to Detention, Community-Based Programs 

and Services, Mental Health Services, Mentoring, Counseling and Training Programs, Compliance Monitoring, DMC/RED, Diversion, Indian Tribe Programs, and 

Ricco Hall

(202) 616-3807

OJP FORM 4000/2 (REV. 4-88)

FY19 Title II Grant Program

California Board of State and Community Corrections

2590 Venture Oaks Way, Ste. 200

Sacramento, CA 95833-3200

FROM: 10/01/2019 09/30/2023 TO: FROM: 10/01/2019 09/30/2023 TO:

 $ 4,532,679 09/24/2019

3b. POMS CODE (SEE INSTRUCTIONS

 ON REVERSE)

3a. TITLE OF THE PROGRAM

Category2: Compliance

U.S. Department of Justice

Office of Justice Programs

Office of Juvenile Justice and 

Delinquency Prevention

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 310 of 311
State Advisory Group. NCA/NCF

Case 3:17-cv-00485-WHO Document 236-1 Filed 10/02/19 Page 311 of 311
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[Proposed] Order Granting State of California’s Administrative Motion to Relate Cases 

(Case No. 3:17-cv-00485-WHO) 

XAVIER BECERRA

Attorney General of California 

MICHAEL L. NEWMAN

Senior Assistant Attorney General 

SARAH E. BELTON

Supervising Deputy Attorney General 

KRISTI GUDOSKI COOK

LISA C. EHRLICH

XIYUN YANG

LEE I. SHERMAN (SBN 272271) 

Deputy Attorneys General 

300 S. Spring St., Suite 1702 

Los Angeles, CA 90013 

Telephone: (213) 269-6404 

Fax: (213) 897-7605 

E-mail: Lee.Sherman@doj.ca.gov 

Attorneys for the State of California 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

CITY AND COUNTY OF SAN 

FRANCISCO, 

Plaintiff, 

 v. 

DONALD J. TRUMP, President of the 

United States, UNITED STATES OF 

AMERICA, ELAINE DUKE, Acting 

Secretary of United States Department of 

Homeland Security, JEFFERSON B. 

SESSION III, Attorney General of the 

United States, DOES 1-100, 

Defendants. 

Case No. 3:17-cv-00485-WHO 

[PROPOSED] ORDER GRANTING 

STATE OF CALIFORNIA’S 

ADMINISTRATIVE MOTION TO 

RELATE CASES 

Action Filed: January 31, 2017 

Case 3:17-cv-00485-WHO Document 236-2 Filed 10/02/19 Page 1 of 2
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1 

[Proposed] Order Granting State of California’s Administrative Motion to Relate Cases 

(Case No. 3:17-cv-00485-WHO) 

[PROPOSED] ORDER 

On October 2, 2019, the State of California filed an Administrative Motion to Consider 

Whether Cases Should Be Related under Civil Local Rule 3-12. Having considered the papers 

and pleadings on file, the Court GRANTS the Administrative Motion to Consider Whether Cases 

Should Be Related and ORDERS that the following cases be related: 

• State of California v. Sessions et al., Case No. 18-cv-5169. 

• State of California v. Barr et al., Case No. 19-cv-6189. 

IT IS SO ORDERED. 

DATED: ___________________________ 

 ____ HON. WILLIAM H. ORRICK 

 United States District Court Judge 

Case 3:17-cv-00485-WHO Document 236-2 Filed 10/02/19 Page 2 of 2