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U.S. Department of Justice <br />Office of Justice Programs <br />Bureau of Justice Assistance <br />PROIECTNUhIBER 2017-Dr-BX-0990 <br />AWARD CONTINUATION <br />SHEET _ PAGE 16 OF 21 <br />Grant <br />AWARD DATE 11/0S2018 <br />SPECLAL COND177ONS <br />53. Ongoing compliance with 8 U.S.C. 1373 is required <br />1. With respect to the "program or activity" funded in whole or part under this award (including any such "program or <br />activity" of any subrecipient at any tier), throughout the period of pmfoonence for the award, no State or local <br />government entity, -agency, or -official may prohibit or in any way restrict— (1) any government entity or -official <br />from sending or receiving information regarding citizenship or immigration status six described in 8 U.S.C. 1373(a); or <br />(2) a govemmant entity or -agency fium sending, requesting or receiving, maintaining, or exchanging iaformation <br />regarding immigration status as described in 8 U.S.C. 1373(b). For purposes of this award, any prohibition (or <br />restriction) that violates this condition is an "information -communication restriction." <br />2. Certifications from subrecipients. The recipient may not make a subaward to a State or local government or a <br />"public" institution of higher education, unless it fin[ obtains a certification of compliance with 8 U.S.C. 1373, properly <br />executed by the chief legal officer of the jurisdiction or institution that would receive the subaward, using the <br />appropriate farm available at https://olp.govtfunding/ExplorelSmupleCerdficadom-SUSC1373.litm. Similarly, the <br />recipient most require that no subreeipient (at any ter) may make a further subaward to a State or local government or a <br />"public" institution of higher education, unless it first obtains a certification ofcompliance with 8 U.S.C. 1373, properly <br />executed by the chief legal 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 afsubrecipient 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 may be obligated (including for <br />authorized reimbursements) for the reasonable, necessary, and allocable costs (if any) that the recipient, or any <br />submuipient at any tier that is a Slam or local government or a "public" institution of higher education, incurs to <br />implement this condition. <br />S. Rules of Consuuction <br />A, For purposes of this 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 of higher education is one that is owned, controlled, or directly funded by a State or local <br />government. <br />(3)'Trogmm or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a) <br />(4) "Immigration status" means what it means for purposes of 8 U.S.C. 1373 (Illegal Immigration Refomm and <br />Immigrant Responsibility Act of 1996); and tents that are defined in 8 U.S.C. 1101 (Immigration and Nationality Act) <br />mean what they memm under that section 1101, except that the term "Stale" also shall include American Samoa (ef. 42 <br />U.S.C. 901(a)(2)). <br />(5) Pursuant in the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of <br />Functions"), references to the "immigration and Naturalization Service" in 8 U.S.C. 1373 are to be mad us references to <br />particular components of the Department of Homeland Security (DHS). <br />B. Nothing in this condition shall be understood to authorize or require any recipient, any suhrmipient at any Her, any <br />State or local government, any "public" institution of higher education, or any other entity (or individual) m violate any <br />federal law, including any applicable civil rights or nondiscrimination law. <br />02 FORM 400012 (REV. 4-88) <br />