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U.S. Department of Justice <br />Office of Justice Programs <br />' Bureau of Justice Assistance <br />PROIECTMAMER ?D11-DI-BX-0990 <br />AWARD CONM-UATION <br />SHEET <br />Grant <br />AWARODATF 11/OL2018 <br />SPECL41 CONDITIONS <br />53. Ongoing compliance with 8 U.S.C. 1373 is required <br />PAGE 16 OF 21 <br />1. With respect to the "program or aefivity" funded in whole or part under this award (including any such "program or <br />activity" of any subrecipient at any 6.), throughout the period ofperformunce for the award, no Sum, or local <br />government entity, -agency, or official may prohibit or in my way restrict— (1) any government entity or -official <br />from sending or receiving information regarding citizenship or immigration samis w described in 8 LLS C. 1373(a); or <br />(2) a goverment entity or -agency from sanding, requesting orreceiving, maintaining, or exchanging mIr msadora <br />regarding immigration status as described in U.S.C. 1373(b). For purposes of this award, any prohibition (or <br />restriction) that violates this condition is as "inferramion-communication restriction." <br />2. Certifications from subrecipients. The recipient may not make a subaward to a Sate or local government or a <br />"public" institution ofhigher education, unless it first obtains a certification of complimec with 8 U.S.C. 1373, properly <br />executed by the chleflegal officer of the jurisdiction or institution that would receive the subaward, using the <br />appropriate farm available at hate, l;ojp.govlfunding'FxplarelSampleCerfifmatiom-8U8C1373.htm. Similarly, the <br />recipieat most require that no subrecipient (at my tier) may make a further subaward to a State or local government or a <br />"public" mattutien of higher education, unless it fist obtains a certification of compliance with 8 U.S.C. 1373, properly <br />executed by the chieflegal officer of the jurisdiction or institution that would receive the further subaward, using the <br />appropriate OJP form. <br />3. The recipient's monitoring responsibilities include monitoring of snbrecipient compliance with the requirements of <br />this condition. <br />4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the <br />extent that such costs are not reimbursed under any other federal program, award funds any be obligated (including for <br />authorized reimbursements) for the reasonable, necessary, and allocable costs (if my) that the recipient, or my <br />subm;ipimn at my tier dint is a Sao or Iota( government or a "public " institution of higher education, incurs no <br />implement this condition. <br />5. Rules of Construction <br />A. For purposes of&a condition: <br />(1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher <br />education or any Indian tribe. <br />(2) A "public" institution ofhighor education is one that is owned, oonteollcd, or directly funded by a State or local <br />government. <br />(3) "Program or activity" meats what it means under title V1 of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a) <br />(4) "lmmigradonstams" means what it means for purposes of U.S.C. 1373 (Illegal Immigration Reform and <br />Immigrant Responsibility Act of 1996); and terms that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act) <br />mew what they mew wider that section I ICI, except that the term "Sate" also shall include American Samoa (ef 42 <br />U.S.C. 901(a)(2)). <br />(5) pursuant to the provisions set out at (or referemed in) 8 U.S.C. 1551 time ("Abolition... and Toonfer of <br />Functions"), references m the "htnigmtion and Naturalization S^rvice" in 8 US.C. 1373 are to be read as references to <br />particular components of the Department of Homeland Security (DIIS). <br />B. Nothing in this condition shall be understood to authorize or require my recipient, any suhrecipient at any tier, any <br />State or local government, any "public" institution of higher education, or any other Entity (or individual) to violate my <br />federal law, including any applicable civilrights of noudiscriuduation law. <br />ON FORM IOW/: (REV.448) <br />20A-27 <br />