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ORI CA03019 -Award 202OULW X0021 -Award Terms and Conditions 2020 - CHP -Page 14 of 16 NOTE: This grant condition is established under the COPS Office's broad authority and discretion to award and administer grants. See, e.g., 34 U. S.C. § 10381, et seq. This condition applies only to state or local government entities or to non -state or local government entities that make subawards with these funds to a state or local government entity. State or local government entity recipients of this award, and any subrecipient of this award at any tier that is an entity of a State or of a unit of local government, may not obligate or expend award funds if — at the time of the obligation or expenditure — the "program or activity" of the recipient funded in whole or in part with the award funds (which includes any such program or activity of any subrecipient at any tier) is subject to any prohibitions or restrictions on sending to, requesting or receiving from, maintaining, or exchanging information regarding citizenship or immigration status with components of the U. S. Department of Homeland Security or any federal, state or local government entity, as generally described in 8 U. S.C. 1373(a) or (b). This includes any prohibitions or restrictions imposed or established by a state or local government entity or official. A subrecipient of this award (at any tier) that is an entity of a State or of a unit of local government may not obligate or expend award funds if — at the time of the obligation or expenditure — the "program or activity" of the subrecipient (which includes any such program or activity of any subrecipient at any further tier) funded (in whole or in part) with award funds is subject to any prohibitions or restrictions on sending to, requesting or receiving from, maintaining, or exchanging information regarding citizenship or immigration status with components of the U. S. Department of Homeland Security or any federal, state or local government entity, as generally described in 8 U. S.C. 1373(a) or (b). This includes any prohibitions or restrictions imposed by a. state or local government entity or official. Any obligations or expenditures of a recipient or subrecipient that are impermissible under this condition shall be unallowable costs for purposes of this award. Rules of Construction. For purposes of this condition, "program or activity" means what it means under section 606 of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a). References to the Immigration and Naturalization Service in 8 U.S.C. 1373 are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security. Should any provision of a condition of this award be held to be invalid or unenforceable by its terms, then that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law (to any person or circumstance) under this award. Should it be held, instead, that a condition (or a provision thereof) is of utter invalidity or unenforceability, such condition (or such provision) shall be deemed severable from this award. Any questions about the meaning or scope of this condition should be directed, prior to acceptance of this award, to the Office of Community Oriented Policing Services Legal Division at 202-514-3750. 26. Contracts and/or MOUs with other Jurisdictions Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other agencies unless the items benefit the population that your agency serves. Your agency may use items funded under the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to address multi -jurisdictional issues as described in the agreement. ADVANCING PUBLIC SAFETY THROUGH COMMUNITY POLICING L•J