ORANGE COUNTY SHERIFF’S DEPARTMENT (3)

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U.S. Department of Justice DlltceofJustice Programs AWARD CONTINUATION ' ' Bureau of Justice Assistance SHEET PACE a OF 23 _ Grant I PROTECT 74LSfnER 2nL8-DI-B%-0820 AWARD DATE I11162018 SPECIAL CONDlTlONS 42. Noninterference (within the funded "program inactivity") with fedcrnl law enforcement 8 U.S.C. 1373 and 1644; ongoing compliance L 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 dumbed in either 8 U.S.C. I373(b) or 1644. Any prohibition (or restriction) that violates this condi Lion is an "infermationcommunication 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 world receive the subaward, using the appropriate form available at haps:/,,Iojp.govi ending/Explore/SampleCertiFications-BUSCl373.hbn. Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, alocal government, or a public institution of higher education, unless it fimt 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 01P 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 0hat such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (ifany) that the recipient, or any subrecipient at any tier that is a Stale, a local government, or public instimtioa of higher education, incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition: (I) "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. (Stich 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. I101 mean what they mean under that section I101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or refcrcnctd 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). S. Noticing in this condition shall be understood to authorize or require my 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. IbIPORTANT NOTE: Any questions about the meaning or scepe of this condition should be directed to OJP, before DIP FORM 40M-2 (REV. 4-88)