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U.S. Department of Justice <br />Office of 11uniec Programs AWARD CONTLNUATION <br />Bureau of Justice Assistance SKEET PAGE 14 OF n <br />Grant <br />PROJECTNUNDER zots-Dl-ax-nazo AWARD DATE II/1020t8 <br />award acceptance. <br />___....... ._.... <br />SPECLIL CONDITIONS.._._:, <br />43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal <br />law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification <br />L If the recipient is a "State," a local government, or a "public" institution of higher education: <br />A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of die recipient <br />(or of any subrecipient at any tier that is a State, a local government, or a public, institution of higher education) that is <br />lauded in whole or in part with award funds is subject to any "information -communication restriction." <br />B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to <br />reimburse itself if — at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient <br />at any tier that is a S tate, a local government, or a public institution of higher education) that would be reimbursed in <br />whole or in part with award funds was subject to any information -communication restriction <br />C. Any dmwdown of award funds by the recipient shall be considered, for all purposes, to be a material representation <br />by the recipient to ON that, as of the date the recipient requests the dmwdown, the recipient and each subrecipieat <br />(regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the <br />award condition entitled "Noninterference (within the funded'program or activigf) with federal law enforcement: 8 <br />U.S,C. 1373 and 1644 and ongoing compliance." _ <br />D. The recipient must promptly notify OR (in writing) if the recipient, From its requisite monitoring ofcompliance <br />with award conditions or otherwise, has credible evidence that indicates that the Funded program or activity of the <br />recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher, <br />education, may be subject to any infermationcommutdcation restriction. In addition, any subaward (at any tier) to a <br />subrecipient that is a State, a local government, or a public institution of higher education most require prompt <br />notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an <br />information -communication restriction. <br />2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher <br />education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program <br />or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with <br />award funds is subject many Information -communication restriction. <br />3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling <br />circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipienes minor and <br />transitory non compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award <br />funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any <br />such detwenination. DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent <br />monitoring of subrecipieut compliance with the requirements set out in the "Noninterference... 8 U.S.C. 1373 and 1644 <br />and ongoing compliance" award condition. <br />4. Rules of Construction <br />A- For purposes of this condition "information -communication restriction" has the meaning set out in the <br />"Noninterference... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition. <br />B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and <br />1644 and ongoing compliance" condition are incomommd by relerence as though set forth bore in full. <br />I <br />I <br />CUP FORM 40002iREV, 4-33) <br />