If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or
<br />a. it represents that--
<br />(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
<br />(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either
<br />requires or has required internal confidentiality agreements or statements from employees or contractors that currently
<br />prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste,
<br />fraud, or abuse as described above; and
<br />(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and
<br />b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds
<br />under this award is or has been requiring its employees or contractors to execute agreements or statements that
<br />prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it
<br />will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to
<br />the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly
<br />authorized to do so by that agency.
<br />W
<br />Reclassification of various statutory provisions to a new Title 34 of the United States Code
<br />On September 1, 2017, various statutory provisions previously codified elsewhere in the U,S. Code were editorially
<br />reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The
<br />reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and
<br />cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.
<br />Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
<br />reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified
<br />to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in
<br />material incorporated by reference through award conditions, and references set out in other award requirements.
<br />21
<br />Requirement to report actual or imminent breach of personally identifiable information (PI I)
<br />The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an
<br />actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores,
<br />maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the
<br />scope of an OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB
<br />Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of
<br />PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an
<br />imminent breach.
<br />22
<br />Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ
<br />If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time
<br />during the course of the period of performance under this award, the recipient must disclose that fact and certain
<br />related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high
<br />risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past
<br />performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the
<br />following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient
<br />was designated high risk, 3. The high -risk point of contact at that federal awarding agency (name, phone number, and
<br />email address), and 4. The reasons for the high -risk status, as set out by the federal awarding agency.
<br />Page: 12 of 22
<br />
|