FY24 Application Resource Guide for CHP, SVPP, AHTF, and CAMP

FY24 Application Resource Guide for the Following

Solicitations:

• COPS Hiring Program

• School Violence Prevention Program

• Anti-Heroin Task Force

• COPS Anti-Methamphetamine Program

Award Terms, Conditions, and Additional Requirements

This application resource guide describes the award terms, conditions, and additional requirements that applicants should

be aware of before applying to COPS Office programs. Table 1 beginning on page 2 indicates the award requirements

(including terms and conditions) which are applicable to the program for which you are applying. Please review each section

carefully prior to submitting the application, to ensure that your agency will be able to comply with all legal and

administrative requirements that govern the applicant for acceptance.

Contents

Award Requirements (including Terms and Conditions) ..............................................................................................................

..............................................................................................................

................................................................................................

..................................................................................

2

Additional National and Administrative Requirements 18

Appendices 21

U.S. Department of Justice

Office of Community Oriented Policing Services

145 N Street NE

Washington, DC 20530

Visit the COPS Office online: https://cops.usdoj.gov/

April 2024

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Award Requirements (including Terms and Conditions)

Table 1. Award Requirements (including Terms and Conditions)

Key:

CHP = COPS Hiring Program; SVPP = School Violence Prevention Program;

AHTF = Anti-Heroin Task Force; CAMP = COPS Anti-Methamphetamine Program

Y = Yes, applies to program; N = No, does not apply to program

Award Requirements (including Terms and Conditions) CHP SVPP AHTF CAMP

I. U.S. Department of Justice Certified Standard Assurances Y Y Y Y

II. U.S. Department of Justice Certifications Regarding Lobbying; Debarment,

Suspension, and Other Responsibility Matters; Drug-Free Workplace Requirements; Law

Enforcement and Community Policing

Y Y Y Y

III. Disclosure of Lo

bbying Activities Y Y Y Y

IV. Suppl

ementing, Not S

upplanting Y N Y Y

V. Procurement and Sole Source Justification

N

Y

VI. Criminal Intelligence Systems

N

Y

VII. System for Award Management (SAM) and Universal Identifier Requirements

Y

VIII. Federal Funding Accountability and Transparency Act (FFATA)—Reporting

Subaward and Executive Compensation

Y Y Y Y

IX. Contract Provisions

Y

X. Prior Approval Planning and Reporting of Conference/Meeting/Training Costs

N

Y

XI. Restriction on Internal Confidentiality Agreements

Y

XII. Mandatory Disclosure

Y

XIII. Debarment and Suspension

Y

XIV. Recipient Integrity and Performance Matters

Y

XV. False Statements

Y

XVI. Duplicative Funding

Y

XVII. Additional High-Risk Recipient Requirements

Y

XVIII. Modification

Y

XIX. Evaluations

Y

N

Y

XX. Allowable Costs

Y

XXI. Local Match/Matching Funds

Y

N

XXII. Equal Employment Opportunity Plan

Y

XXIII. Employment Eligibility

Y

XXIV. Enhancement of Contractor Protection from Reprisal for Disclosure of Certain

Information

Y Y Y Y

XXV. Federal Civil Rights

Y

XXVI. Conflict of Interest

Y

XXVII. Reports/Performance Goals

Y

XXVIII. Extensions

Y

XXIX. Computer Network Requirement

N

Y

XXX. Award Monitoring Activities

Y

XXXI. Community Policing

Y

N

Y

XXXII. Retention

Y

N

XXXIII. Contracts and/or MOUs with Other Jurisdictions

Y

XXIV. Travel Costs

N

Y

XXXV. State Information Technology Point of Contact

N

Y

2

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Award Requirements (including Terms and Conditions) CHP SVPP AHTF CAMP

XXXVI. Public Release Information

N

Y

N

XXXVII. Information Data Breach

N

Y

XXXVIII. Paperwork Reduction Act

N

Y

XXXIX. Copyright

N

Y

N

XL. Human Subjects Research

N

Y

N

XLI. Officer Background Investigation

Y

N

Y

XLII. Career Law Enforcement Officer

Y

N

Y

XLIII. School Resource Officer (SRO) Training Requirement

Y

N

XLIV. Comprehensive School Safety Assessments

N

Y

N

XLV. Information Sharing with Law Enforcement

N

Y

N

XLVI. Coordination with Stakeholders

N

Y

N

XLVII. Law enforcement information sharing

N

Y

XLVIII. Law Enforcement Coordination

N

Y

XLIX. Domestic Preferences for Procurements

N

Y

L. Prohibition on Certain Telecommunications and Video Surveillance Services or

Equipment

N Y Y Y

LI. Termination

Y

LII. Award Owner’s Manual

Y

LIII. Advancing Department of Justice Priority Problem Focus Areas

Y

N

LIV. Memorandum of Understanding Requirement (for School Resource Officers only)

Y

N

LV. Authorized Representative Responsibility

Y

LVI. Determination of Suitability for Youth-Centered Awards

N

Y

N

As shown in Table 1, award requirements may apply to some or all programs. In the following sections, the requirement

applies to all programs (CHP, SVPP, AHTF, and CAMP awards) unless otherwise indicated.

I. & II. Assurances and Certifications (also refer to U.S. Department of Justice

Certified Standard Assurances and U.S. Department of Justice Certifications

Regarding Lobbying, Debarment, Suspension and Other Responsibility

Matters, Drug-Free Workplace, and Law Enforcement and Co mmunity

Policing Requirements in the appendices of this application resource).

Applicants to COPS Office programs are required to accept the standard Assurances and Certifications forms in JustGrants.

Accepting these documents assures the COPS Office that you have read and understood and that you accept the

requirements as outlined in the Assurances and Certifications. Please read these documents carefully, as acceptance of

these documents are treated as material representation of fact upon which reliance will be placed when the U.S.

Department of Justice determines to make an award.

III. Disclosure of Lobbying Activities

This disclosure form shall be completed by the reporting entity, whether subrecipient or prime federal recipient, at the

initiation or receipt of a covered federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. § 1352.

The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or

attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or

3

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

an employee of a member of Congress in connection with a covered federal action. Complete all items that apply for both

the initial filing and material change reports. Refer to the implementing guidance published by the Office of Management

and Budget for additional information.

If this applies to your agency, you are required to complete the disclosure form when initiating the application in grants.gov.

If you need to complete and submit additional forms, please complete and submit them as attachments to your application

online.

Please be advised that all recipients and subrecipients must comply with the provisions of 2 C.F.R. § 200.450, as appropriate,

regarding unallowable costs under the Federal award associated with lobbying or influencing activities. Additional

restrictions in 2 C.F.R. § 200.450(c) are applicable to nonprofit organizations and institutions of higher education.

IV. Supplementing, Not Supplanting – Not applicable under SVPP

The COPS Office nonsupplanting requirement mandates that award funds not be used to replace state or local funds (or, for

tribal recipients, BIA funds) that would, in the absence of federal assistance, be made available for award purposes (hiring,

training, purchases, and/or other activities). Instead, award funds must be used to increase the total amount of funds that

would otherwise be made available for award purposes. 34 U.S.C. § 10384 (a).

An award recipient may not use COPS Office funds to pay for any item or cost associated with this funding request that the

recipient is already obligated to pay. Nonfederal funds allocated to pay for award purposes (hiring, training, purchases,

and/or other activities), may not be reallocated to other purposes or refunded should COPS Office funding be awarded.

Nonfederal funds must remain available for and devoted to that purpose, with COPS Office funds supplementing those

nonfederal funds. Funding awarded cannot be obligated until after the award start date (unless an exception is authorized in

writing by the COPS Office). This means that COPS Office funds cannot be applied to any agency cost incurred prior to the

award start date.

The possibility of supplanting will be the subject of careful application review, possible pre-award review, and post- award

monitoring and audit. Any supplanting of nonfederal funds by COPS Office award funds may be grounds for potential

suspension.

If you have questions concerning the nonsupplanting requirement while completing this application, please contact the

COPS Office Response Center at 800-421-6770 or AskCopsRC@usdoj.gov

for further information.

V. Procurement and Sole Source Justification – Not applicable under CHP

In general, recipients will be required to procure funded items through open and free competition when feasible. For the

purchase of equipment, technology, or services under a COPS Office award, recipients must follow their own policies and

procedures on procurement as long as those requirements conform to the federal procurement requirements set forth in

the uniform administrative requirements (2 C.F.R. §§ 200.318 – 200.327). Consistent with the uniform administrative

requirements that prohibit procurement practices that restrict competition, recipients and subrecipients may not

discriminate against any person or entity on the basis of a person or entity’s status as an “associate of the Federal

Government” (or on the basis of a person or entity’s status as a parent, affiliate, or subsidiary of an associate of the Federal

Government). The term “associate of the Federal Government” means any person or entity engaged or employed (in the

past or at present) by or on behalf of the Federal Government as an employee, contractor, subcontractor, award recipient,

subrecipient, agent, or otherwise. Sole source procurement, or procurement by noncompetitive proposals, is procurement

4

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

through solicitation of a proposal from only one source. Sole source procurements must adhere to the standards set forth in

the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. §

200.320(c).

For the purchase of equipment, technology, or services under a COPS Office award, recipients must follow their own policies

and procedures on procurement as long as those requirements conform to the federal procurement requirements set forth

in 2 C.F.R. § 200.318(a).

Recipients may conduct noncompetitive proposals (or “sole source” procurement) by procurement through solicitation from

only one source when one or more of the following circumstances apply:

1. The acquisition of property or services, the aggregate dollar amount of which does not exceed the micro-purchase

threshold.

2. The item or service is available only from one source.

3. The public exigency or emergency for the requirement will not permit a delay resulting from competitive

solicitation.

4. Competition is determined inadequate after solicitation of a number of sources.

5. The COPS Office expressly authorizes noncompetitive proposals in response to a written request from the law

enforcement entity.

The award recipient must seek written authorization from the COPS Office for sole source procurements in excess of

$250,000. Written approval for sole source procurements from the COPS Office must be received prior to purchasing

equipment, technology, or services; obligating funding for a contract; or entering into a contract with award funds.

Requests for sole source procurements of equipment, technology, or services in excess of $250,000 must be submitted to

the COPS Office in writing certifying that the award of the contract through full and open competition is infeasible. The sole

source procurement request must be signed and submitted on department letterhead.

The request should also include the following information:

Section I – A brief description of the project, the amount to be designated for the sole source procurement, and the purpose

of the contract.

Section II – A statement identifying which one (or more) of the circumstances identified below apply to the procurement

transaction and an explanation as to why it is necessary to contract in a noncompetitive manner. Include supporting

information as identified below under the applicable section(s).

1. The item or service is available only from one source.

• Uniqueness of items or services to be procured from the proposed contractor or vendor (compatibility, patent

issues, etc.)

• How the agency determined that the item or service is only available from one source (market survey results,

independent agency research, patented or proprietary system, etc.)

• Explanation of need for contractor’s expertise linked to the current project (knowledge of project

management, responsiveness, experience of contractor personnel, prior work on earlier phases of project, etc.)

• Any additional information that would support the case

5

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

2. The public exigency or emergency for the requirement will not permit a delay resulting from competitive

solicitation.

• When the contractual coverage is required by your organization and why

• Impact on project if deadline dates are not met

• How long it would take an alternate contractor to reach the same required level of competence (equate to

dollar amounts, if desired)

• Any additional information that would support the case

3. Competition is determined inadequate after solicitation of a number of sources.

• Results of a market survey to determine competition availability; if no survey is conducted, please explain why

not

• Any additional information that would support the case

Section III – A budget breakdown for the contract.

Section IV – A declaration that this action or choice is in the best interest of the agency.

Upon receipt of the request for sole source authorization, the COPS Office will review to determine if competition is

infeasible, and your organization will be contacted if any of the identified information is missing or if additional supporting

information is required. If the COPS Office determines that the request does not meet the standards set forth above, the

request will be denied.

Please be advised that conflicts of interest are prohibited under the procurement standards set forth in 2 C.F.R. § 200.318(c).

If you have any questions regarding the federal requirements that guide procurement procedures, please contact the COPS

Office Response Center at [email protected]ov

or 800-421-6770.

VI. Criminal Intelligence Systems/28 C.F.R. Part 23 compliance – Not

Applicable under CHP

If your agency is receiving COPS Office funding for equipment or technology that will be used to operate an

interjurisdictional criminal intelligence system, you must agree to comply with the operating principles found at 28 C.F.R.

Part 23. An “interjurisdictional criminal intelligence system” is generally defined as a system that receives, stores, analyzes,

exchanges, or disseminates data regarding ongoing criminal activities (such activities may include, but are not limited to,

loan sharking, drug or stolen property trafficking, gambling, extortion, smuggling, bribery, and public corruption) and shares

this data with other law enforcement jurisdictions. 28 C.F.R. Part 23 contains operating principles for these interjurisdictional

criminal information systems which protect individual privacy and constitutional rights.

If you are simply using the COPS Office funds to operate a single agency database (or other unrelated forms of technology)

and will not share criminal intelligence data with other jurisdictions, 28 C.F.R. Part 23 does not apply to this award.

6

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

VII. System for Award Management (SAM) and Universal Identifier

Requirements

Unless exempted from this requirement under 2 C.F.R. § 25.110, the recipients must maintain the currency of their

information in the SAM until submission of the final financial report required under this award or receipt of the final

payment, whichever is later. This requires recipients to review and update the information at least annually after the initial

registration and more frequently if required by changes in information or other award term.

To review the System for Award Management and Universal Identifier Award Term, please see the appendices of this

application resource.

VIII. Federal Funding Accountability and T ransparency Act (FFATA) —

Reporting Subaward a nd Executive Compensation Information

The Federal Funding Accountability and Transparency Act of 2006 (FFATA) requires, among other things, that information on

federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable

website, which is

w

ww.USASpending.gov

.

Applicants should note that all recipients of awards of $30,000 or more under this solicitation, consistent with FFATA, will be

required to report award information on any first-tier subawards totaling $30,000 or more and, in certain cases, to report

information on the names and total compensation of the five most highly compensated executives of the recipient and first-

tier subrecipients. If applicable, the FFATA Subaward Reporting System (FSRS), accessible via the Internet at www.fsrs.gov,

is

th

e reporting tool recipients under this solicitation will use to capture and report subaward information and any executive

compensation data required by FFATA.

The subaward information entered in FSRS will then be displayed on www.USASpending.gov, associated with the prime

award, furthering federal spending transparency.

Each applicant entity must ensure that it has the necessary processes and systems in place to comply with the applicable

reporting requirements should it receive funding.

To review the FFATA Reporting Subaward and Executive Compensation Award Term, please see the appendices of this

application resource.

IX. Contract Provision under Federal Award

All contracts made by the recipients under the Federal award must contain the provisions required under 2 C.F.R. part 200,

Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards.

For the full text of 2 C.F.R. Appendix II to Part 200, please refer to the appendices of this application resource.

7

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

X. Prior Approval, Planning, and Reporting of Conference/Meetings/Training

Costs – Not applicable under CHP

Recipients are required to obtain written approval from the COPS Office prior to entering into any contract, agreement or

other obligation for costs related to any conference, meeting, retreat, seminar, symposium, training activity, or similar event

funded under this award. For more information on allowable costs, please visit https://www.ojp.gov/ojp-conference-cost-

reporting-policy-and-guidance-documents.

XI. Restrictions on Internal Confidentiality Agreements

Recipients, subrecipients, or entities that receive a contract or subcontract with any funds under this award, may not require

any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts

the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department

or agency authorized to receive such information. Annual Appropriations Act.

XII. Mandatory Disclosure

Under 2 C.F.R. § 200.113, recipients and subrecipients are required to timely disclose in writing to the COPS Office or pass-

through entity, as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially

affect the awarded federal funding. Recipients agree to report certain civil, criminal, or administrative proceedings in SAM if

they received an award with the Term and Condition for Recipient Integrity and Performance Matters as outlined in 2 C.F.R.

Part 200, Appendix XII to Part 200. Failure to make required disclosures can result in any of the remedies, including

suspension and debarment, described in 2C.F.R. § 200.339.

XIII. Debarment and Suspension

Recipients agree not to award federal funds under this program to any party which is debarred or suspended from

participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Debarment and Suspension), and 2 C.F.R.

Part 2867 (DOJ-specific requirements).

XIV. Recipient Integrity and Performance Matters

Recipients that receive $500,000 or more in a federal award, agree to comply with the terms and conditions outlined in 2

C.F.R. Part 200, Appendix XII to part 200 - Term and Condition for Recipient Integrity and Performance Matters.

For the full text, please see the appendices of this application resource.

XV. False Statements

False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, or debarment

from participating in federal awards or contracts, and/or any other remedy available by law.

XVI. Duplicative Funding

Recipients agree to notify the COPS Office if they receive, from any other source, funding for the same item(s) or service(s)

also funded under this award.

8

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XVII. Additional High-Risk Funding Recipient Requirements

Recipients agree to comply with any additional requirements that may be imposed during the award performance period if

the awarding agency determines that the recipient is a high-risk recipient (Uniform Administrative Requirements, Cost

Principles, and Audit Requirements for Federal Awards, 2 C.F.R. § 200.208.

XVIII. Modifications

Award modifications are evaluated on a case-by-case basis in accordance with 2 C.F.R. § 200.308(f). For federal awards in

excess of $250,000, any modification request involving the reallocation of funding between budget categories that exceed or

are expected to exceed 10 percent of the total approved budget requires prior written approval by the COPS Office.

Regardless of the federal award amount or budget modification percentage, any reallocation of funding is limited to

approved budget categories. In addition, any budget modification that changes the scope of the project requires prior

written approval by the COPS Office. The COPS Office will not approve any modification request that results in an increase of

federal funds.

XIX. Evaluations – Not applicable under SVPP

The COPS Office may conduct monitoring or sponsor national evaluations of COPS Office award programs. Recipients agree

to cooperate with the monitors and evaluators. 34 U.S.C. § 10385 (b).

XX. Allowable Costs

The funding under this award is for the payment of approved costs identified in the Award Package.

XXI. Local Match – Not applicable under AHTF, CAMP

CHP: CHP award recipients are required to contribute a local match of at least 25 percent towards the total cost of the

approved award project, unless waived in writing by the COPS Office. The local match must be from funds not previously

budgeted for law enforcement purposes and must be paid during the award period. The local match contribution must be a

cash match and must be made on an increasing basis during each year of the three-year award period, with the federal

share decreasing accordingly. 34 U.S.C. § 10381(g).

SVPP: SVPP award recipients are required to contribute a local match of at least 25 percent towards the total cost of the

approved award project, unless waived in writing by the COPS Office. The local match must be a cash match and must be

paid during the award period. 34 U.S.C. § 10551(f).

XXII. Equal Employment Opportunity Plan

Recipients agree to comply with the federal regulations pertaining to the development and implementation of an Equal

Employment Opportunity Plan 28 C.F.R. Part 42 subpart E.

9

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XXIII. Employment Eligibility

Recipients agree to complete and keep on file, as appropriate, the Department of Homeland Security, U.S. Citizenship and

Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal

funds to verify that persons are eligible to work in the United States. See Immigration Reform and Control Act of 1986

(IRCA), Public Law 99-603.

XXIV. Enhancement of Contractor Protection from Reprisal for Disclosure of

Certain Information

Recipients agree not to discharge, demote, or otherwise discriminate against an employee as reprisal for the employee

disclosing information that he/she reasonably believes is evidence of gross mismanagement of a federal contract or award, a

gross waste of federal funds, an abuse of authority relating to a federal contract or award, a substantial and specific danger

to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for

or negotiation of a contract) or award. Recipients also agree to provide to their employees in writing (in the predominant

native language of the workforce) of the rights and remedies provided in 41 U.S.C. § 4712. Please see the appendices of this

application resource for a full text of the statute.

XXV. Federal Civil Rights

The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the

Department based on the application specifically include statutes and regulations pertaining to civil rights and

nondiscrimination, and, in addition—

a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights

Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the

Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. §

6102);

b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims

of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of

2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women

Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may

apply to an award made otherwise;

c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and

associated regulations); and

d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.

The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal

regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made

by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ “Part 200

Uniform Requirements”) and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal

intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance

programs), and 46 (human subjects protection).

10

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XXVI. Conflict of Interest

Recipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any potential conflict of interest

affecting the awarded federal funding in accordance with the Uniform Administrative Requirements, Cost Principles, and

Audit Requirements for Federal Awards, 2 C.F.R. § 200.112.

XXVII. Reports/Performance Goals

Recipients are responsible for submitting semi-annual performance reports that describe project activities during the

reporting period and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. § 200.328; and 2 C.F.R. §

200.329. Except for SVPP, the performance report is used to track recipient’s progress toward implementing community

policing strategies and to collect data to gauge the effectiveness of increasing your agency’s community policing capacity

through COPS Office funding. For SVPP, the performance report is used to track your agency’s progress toward

implementing school safety strategies and to collect data to gauge the effectiveness of increasing the recipient’s capacity to

improve school safety through COPS Office funding. For all awards, the Federal Financial Report is used to track the

expenditures of the recipient’s award funds on a cumulative basis throughout the life of the award.

XXVIII. Extensions

Recipients may request an extension of the award period to receive additional time to implement your award program. Such

extensions do not provide additional funding. Only recipients that can provide a reasonable justification for delays will be

granted no-cost extensions. Reasonable justifications may include change in administration, staff turnover of key

award/award-funded personnel, training delays, hiring and recruitment delays or other circumstances that interrupt the

award period of performance. Extension requests must be received prior to the end date of the award.

XXIX. Computer Network Requirement – Not applicable under CHP

Recipients agree that no award funds may be used to maintain or establish a computer network unless such network blocks

the viewing, downloading, and exchanging of pornography. Nothing in this requirement limits the use of funds necessary for

any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations,

prosecution, or adjudication activities. Annual Appropriations Act.

XXX. Award Monitoring Activities

Federal law requires that recipients receiving federal funding from the COPS Office must be monitored to ensure compliance

with their award conditions and other applicable statutes and regulations. The COPS Office is also interested in tracking the

progress of our programs and the advancement of community policing.

Both aspects of award implementation—compliance and programmatic benefits—are part of the monitoring process

coordinated by the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits,

office-based grant reviews, alleged noncompliance reviews, financial and performance reporting, and audit resolution. As a

COPS Office award recipient, you agree to cooperate with and respond to any requests for information pertaining to your

award. This includes all financial records, such as general accounting ledgers and all supporting documents. All information

pertinent to the implementation of the award is subject to agency review throughout the life of the award, during the close-

out process and for three-years after the submission of the final expenditure report. 2 C.F.R. §§ 200.334 and 200.337, and,

as applicable, 34 U.S.C. § 10385(a).

11

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XXXI. Community Policing – Not applicable under SVPP

Community policing activities to be initiated or enhanced by recipients were identified and described in their award

application. Recipients develop a community policing plan for the award with specific reference to a crime or disorder

problem and the following elements of community policing: a) problem solving—a recipient’s plan to assess and respond to

the problem identified; b) community partnerships and support, including related governmental and community initiatives

that complement a recipient’s proposed use of funding; and c) organizational transformation—how a recipient will use the

funds to reorient its mission to community policing or enhance its involvement in and commitment to community policing.

Throughout the award period recipients are required to implement the community policing plan they set forth in the award

application. 34 U.S.C. § 10382 (c)(10).

XXXII. Retention – Not applicable under SVPP, AHTF, CAMP

Recipients commit to retain all sworn officer positions funded under the award with state and/or local funds for a minimum

of 12 months following the conclusion of 36 months of federal funding for each position, over and above the number of

locally-funded sworn officer positions that would have existed in the absence of the award. Recipients cannot satisfy the

retention requirement by using COPS Office-funded positions to fill locally-funded vacancies resulting from attrition. 34

U.S.C. § 10382 (c)(8).

XXXIII. Contracts and/or MOUs with Other Jurisdictions

Any item, position, or service funded under the award may only be used for law enforcement activities or services that

exclusively benefit the recipient/taskforce and the population that it serves.

Under CHP, 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.

Under SVPP, costs funded under the award may only be used to benefit the schools within the recipient’s jurisdiction.

XXXIV. Travel Costs – Not applicable under CHP

Travel costs for transportation, lodging and subsistence, and related items are allowable with prior approval from the COPS

Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. § 200.475.

XXXV. State Information Technology Point of Contact – Not applicable under

CHP

Recipients agree to ensure that the appropriate State Information Technology Point of Contact receives written notification

regarding any information sharing or technology project funded by a COPS Office award. This is to facilitate communication

among local and state governmental entities regarding various information technology projects being conducted with these

award funds. In addition, recipients agree to maintain an administrative file documenting the meeting of this requirement.

For a list of State Information Technology Points of Contact, go to

http://it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.

12

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XXXVI. Public Release Information – Not applicable under CHP, AHTF, CAMP

Recipient agrees to submit one copy of all reports and proposed publications resulting from this award ninety (90) days prior

to public release. Any publications (written, curricula, visual, sound, reports, or websites) or computer programs, whether or

not published at government expense, shall contain the following statement:

“This project was supported, in whole or in part, by federal award number XXXXXX-XX-XX-XXXXX-XXXX awarded to

[Entity] by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions contained

herein are those of the author(s) or contributor(s) and do not necessarily represent the official position or policies

of the U.S. Department of Justice. References to specific individuals, agencies, companies, products, or services

should not be considered an endorsement by the author(s), contributor(s), or the U.S. Department of Justice.

Rather, the references are illustrations to supplement discussion of the issues.

The Internet references cited in this publication were valid as of the date of publication. Given that URLs and

websites are in constant flux, neither the author(s) nor the COPS Office can vouch for their current validity.”

XXXVII. Information Data Breach – Not applicable under CHP

Recipients that will use or operate a Federal information system or will create, collect, use, process, store, maintain,

disseminate, disclose, or dispose of PII within the scope of the award must have procedures in place to respond to a breach

and to notify the COPS Office in the event of a breach.

XXXVIII. Paperwork Reduction Act – Not applicable under CHP

Recipients agree, if required, to submit all surveys, interview protocols, and other information collections to the COPS Office

for submission to the Office of Management and Budget (OMB) for clearance under the Paperwork Reduction Act (PWRA) of

1995.

XXXIX. Copyright – Not applicable under CHP, AHTF, CAMP

If applicable, the recipient may copyright any work that is subject to copyright and was developed, or for which ownership

was acquired, under this award in accordance with 2 C.F.R. § 200.315(b). The COPS Office reserves a royalty-free,

nonexclusive and irrevocable license to reproduce, publish, or otherwise use the work, in whole or in part (including create

derivative works), for Federal Government purposes, and to authorize others to do so. The COPS Office also reserves the

right, at its discretion, not to publish deliverables and other materials developed under this award as a U.S. Department of

Justice resource.

Products and deliverables developed with award funds and published as a U.S. Department of Justice resource will contain

the following copyright notice:

“This resource was developed under a federal award and may be subject to copyright. The U.S. Department of

Justice reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use the

work for Federal Government purposes, and to authorize others to do so. This resource may be freely distributed

and used for noncommercial and educational purposes only.”

13

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XL. Human S ubjects Research – Not applicable under CHP, AHTF, CAMP

The recipient agrees to comply with the provisions of the U.S. Department of Justice’s common rule regarding Protection of

Human Subjects, 28 C.F.R. Part 46, prior to the expenditure of Federal funds to perform such activities, if applicable. The

recipient also agrees to comply with 28 C.F.R. Part 22 regarding the safeguarding of individually identifiable information

collected from research participants.

XLI. Officer Background Investigations – Not applicable under SVPP

Recipients agree to ensure that each officer(s) hired with award funding will be subject to a background investigation, notify

the COPS Office upon completion of the background investigation for each officer hired under the award, and cooperate

with the COPS Office and provide updates on the status of background investigations upon request. 2 C.F.R. § 200.208

If the COPS Office determines that award funds are being used to pay the salary and fringe benefits of an officer who has not

undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance with 2 C.F.R.

§200.339 until the agency can demonstrate the background investigation has been completed.

XLII. Career Law Enforcement Officer – Not applicable under SVPP

Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law enforcement

officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a person hired on a

permanent basis who is authorized by law or by a State or local public agency to engage in or supervise the prevention,

detection, or investigation of violations of criminal laws.” 34 U.S.C. §10389(1). A recipient agency may use officer hiring

funds to pay the salary and benefits of recruits while in academy training to become “career law enforcement officers” if it is

the standard practice of the agency to do so with locally-funded recruits. The State of Alaska, and any Indian tribe or tribal

organization in that State, may also use officer hiring funds for a “village public safety officer” defined as “an individual

employed as a village public safety officer under the program established by the State pursuant to Alaska Statute

18.65.670.” Tribal Law and Order Act of 2010, Pub. L. 111-211, title II, § 247 (a)(2).

XLIII. School Resource Officer (SRO) Training Requirement – Not applicable

under SVPP, AHTF, CAMP

COPS Office–funded SRO(s) are required to complete an SRO 40-hour basic training course from a list of COPS Office

approved provider(s). Training must be completed no later than nine months after the date shown on the award

congratulatory letter or six months from the SRO hire date; whichever comes first. If a COPS Office-funded SRO leaves the

recipient agency after completing the training, the recipient agrees to pay for the new SRO, who is assigned to backfill this

position, to attend a 40-hour basic training course. The new SRO must complete the training no later than nine months after

being placed in the school. If the officer has completed 40-hour basic training within the last 12 months prior to the award

date, the condition has been fulfilled. Any longer than 12 months will require the officers to retake the course. The agency

must coordinate with the training provider if they want funds to cover registration and travel costs.

14

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XLIV. Comprehensive School Safety Assessments – Not applicable under CHP,

AHTF, CAMP

Applicants who are awarded funding through the COPS Office School Violence Prevention Program must conduct

comprehensive school safety assessments for all schools involved in the funded project within the 36-month grant

implementation period. It is best to complete the assessments as soon as possible as they can be used as strategic

evaluation tools to identify school safety issues and potential resolutions. This condition can be waived for recipients who

can demonstrate that comprehensive school safety assessments have already been performed or updated within the

previous three years. The COPS Office will be monitoring SVPP grants to ensure recipients comply with this condition. For

more information about this condition, please call the COPS Office Grant Program Specialist via the COPS Office Customer

Care Center at 800-421-6770.

XLV. Information Sharing with Law Enforcement – Not applicable under CHP,

AHTF, CAMP

Recipients will be required to ensure that schools within their jurisdiction will share school threat information and data with

the appropriate local law enforcement agencies. For more information about this condition, please call the COPS Office

Grant Program Specialist via the COPS Office Customer Care Center at 800-421-6770.

XLVI. Coordination with Stakeholders – Not applicable under CHP, AHTF,

CAMP

To ensure that there is coordination with affected partners and stakeholders, the COPS Office will require applicants, as

applicable, to provide supplemental letters of support and additional documentation from major partners and stakeholders

describing roles and responsibilities in carrying out SVPP funded projects. As such, your award may be subject to a special

condition, which may require you to provide additional documentation or Memorandum of Understanding (MOU) that

demonstrates the coordination, as applicable.

XLVII. Law Enforcement Information Sharing – Not applicable under CHP,

SVPP

Recipients are required to share relevant law enforcement information, collected as a result of COPS Office funding, with the

Organized Crime Drug Enforcement Task Force (OCDETF) Fusion Center.

XLVIII. Law Enforcement Coordination – Not applicable under CHP, SVPP

Recipients are required to coordinate with federal, state, local, and tribal law enforcement agencies to maximize the impact

and effectiveness of the award. The recipient will coordinate and work with U.S. Attorneys’ Offices in its state; coordinate

and work with the local and tribal (as applicable) law enforcement agencies in any area impacted by the work of the COPS

award program; and coordinate as appropriate with other federal law enforcement partners such as the Federal Bureau of

Investigation (FBI) or Drug Enforcement Administration (DEA) to assist tribal law enforcement agencies.

15

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

XLIX. Domestic Preferences f or Procurements – Not applicable under CHP

Award funds may not be used to procure or obtain any covered telecommunication and video surveillance services or

equipment as described in 2 C.F.R. § 200.216.

L. Prohibition on Certain Telecommunications and Video Surveillance Services

or Equipment – Not applicable under CHP

To the extent practicable and consistent with applicable law under the award, recipients and subrecipients will provide a

preference for the procurement or use of goods produced and services offered in the United States as described in 2 C.F.R. §

200.322 and Executive Order 14005 Ensuring the Future is Made in All of America by All of America’s Worker (January 25,

2021).

LI. Termination

The award may be terminated, in whole or in part, to the extent such termination is authorized by law for the reasons set

forth in 2. C.F.R. § 200.340 including, but not limited to, failure to comply with award terms and conditions or when the

award no longer effectuates program goals or agency priorities.

LII. Award Owner’s Manual

If awarded funding, the recipient agrees to comply with the terms and conditions in the applicable FY24 COPS Office

Program Award Owner's Manual; DOJ Grants Financial Guide; COPS Office statute (34 U.S.C. § 10381, et seq.) as applicable;

Students, Teachers, and Officers Preventing (STOP) School Violence Act of 2018 (34 U.S.C. § 10551, et seq.) as applicable; the

requirements of 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for

Federal Awards) as adopted by the U.S. Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as

applicable (Contract Cost Principles and Procedures); the Cooperative Agreement as applicable; representations made in the

application; and all other applicable program requirements, laws, orders, regulations, or circulars.

LIII. Advancing Department of Justice Priority Problem Focus Areas – Not

applicable under SVPP, AHTF, CAMP

Agencies which select certain priority problem/focus areas in their application must agree to:

• implement the one specific community policing plan identified in the CHP award application;

• address its specific priority crime problem throughout the entire CHP award period;

• implement any organizational changes identified in its CHP award;

• cooperate with any award monitoring by the COPS Office to ensure that it is initiating or enhancing its community

policing efforts to address its priority crime problem, which may include your agency having to respond to

additional or modified reporting requirements.

16

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

LIV. Memorandum of Understanding Requirement (for School Resource

Officers only) – Not applicable under SVPP, AHTF, CAMP

Recipients using CHP funding to hire and/or deploy School Resource Officers into schools agree to:

• Submit a signed Memorandum of Understanding (MOU) between the law enforcement agency and the school

partner(s) to the COPS Office before obligating or drawing down funds under this award. The MOU must be

submitted to the COPS Office within 90 days of the date shown on the award congratulatory letter.

• The MOU must contain the following information:

 The purpose of the MOU

 Clearly defined roles and responsibilities of the school district and the law enforcement agency, focusing

officers’ roles on safety

 Information sharing

 Supervision responsibility and chain of command for the SRO



Signatures

N

ote: Please refer to the

M

OU Fact Sheet for a detailed explanation of the requirements under each of the bullets.

Implementation of the CHP award without submission and acceptance of the required MOU may result in

expenditures not being reimbursed by the COPS Office and/or award de-obligation.

LV. Authorized Representative Responsibility

The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other

things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so

doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this

award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative

during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

LVI. Determination of Suitability for Youth-Centered Awards

This condition will require recipients and subrecipients to make determinations of suitability before certain covered

individuals interact with participating minors under the age of 18 years old in the course of activities funded under the

award. To review the Determination of Suitability for Youth-Centered Awards condition, please see appendices.

17

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Additional National and Administrative Requirements

The following section describes the additional requirements applicants should be aware of before applying to COPS Office

programs. Please review each section carefully. The submission of the application assures the COPS Office that your agency

will comply with all legal and administrative requirements that govern the award.

False Claim Act

Under the False Claim Act, any credible evidence that a person has submitted a false claim or has committed a criminal or

civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving COPS Office

funds may be referred to the Office of Inspector General (OIG). The OIG may be contacted at oig.hotline@usdoj.gov,

or 800-

869-4499.

Remedies for noncompliance

Under 2 C.F.R. § 200.339, if recipient fails to comply with award terms and conditions, the Federal awarding agency may

impose additional condition or take one or more of the following actions, as appropriate in the circumstances:

(a) Temporarily withhold cash payments pending correction of the deficiency by the non-Federal entity or more

severe enforcement action by the Federal awarding agency or pass-through entity.

(b) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the

activity or action not in compliance.

(c) Wholly or partly suspend or terminate the Federal award.

(d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding agency

regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated by a Federal

awarding agency).

(e) Withhold further Federal awards for the project or program.

(f) Take other remedies that may be legally available.

Prior to imposing sanctions, the COPS Office will provide reasonable notice to the recipient of its intent to impose sanctions

and will attempt to resolve the problem informally. Appeal procedures will follow those in the U.S. Department of Justice

regulations in 28 C.F.R. Part 18.

Awards terminated due to noncompliance with the federal statutes, regulations, or award terms and conditions will be

reported to the integrity and performance system accessible through SAM (currently FAPIIS).

False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment from

participating in federal awards or contracts, and any other remedy available by law.

Please be advised that recipients may not use COPS Office funding for the same item or service also funded by another U.S.

Department of Justice award.

18

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Financial management and system of internal controls

Award recipients must, as set out in the Uniform Guidance at 2 C.F.R. 200.303:

(a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the

recipient is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions

of the Federal award. These internal controls should be in compliance with guidance in “Standards for Internal Control

in the Federal Government” issued by the Comptroller General of the United States and the “Internal Control Integrated

Framework,” issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO).

(b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards.

(c) Evaluate and monitor the recipient’s compliance with statutes, regulations, and the terms and conditions of Federal

awards.

(d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit

findings.

(e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal

awarding agency designates as sensitive or the recipient considers sensitive consistent with applicable Federal, state,

local, and tribal laws regarding privacy and obligations of confidentiality.

Audit requirement

The Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200,

Subpart F - Audit Requirements, available at https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-

F, establish the requirements for organizational audits that apply to COPS Office recipients. Recipients must arrange for the

required organization-wide (not award-by-award) audit in accordance with the requirements of Subpart F.

Civil Rights

All recipients are required to comply with nondiscrimination requirements contained in various federal laws. A

memorandum addressing federal civil rights statutes and regulations from the Office for Civil Rights, Office of Justice

Programs will be included in the award package for recipients. All applicants should consult the Assurances form to

understand the applicable legal and administrative requirements.

Please be advised that a hold may be placed on this application if it is deemed that the applicant agency is not in compliance

with federal civil rights law and/or is not cooperating with an ongoing federal civil rights investigation.

Freedom of Information Act and Privacy Act (5 U.S.C. § 552 and 5 U.S.C. §

552a)

All applications submitted to the COPS Office (including all attachments to applications) are subject to the federal Freedom

of Information Act (FOIA) and to the Privacy Act. By law, DOJ may withhold information that is responsive to a request if DOJ

determines that the responsive information is protected from disclosure under the Privacy Act or falls within the scope of

one or more of the nine statutory exemptions under FOIA. DOJ cannot agree in advance of a request pursuant to the FOIA

not to release some or all portions of an application/award file.

19

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

In its review of records that are responsive to a FOIA request, the COPS Office will withhold information in those records that

plainly falls within the scope of the Privacy Act or one of the statutory exemptions under FOIA. (Some examples include

certain types of information in budgets, and names and contact information for project staff other than certain key

personnel.) In appropriate circumstances, the COPS Office will request the views of the applicant/recipient that submitted a

responsive document.

Section 508 of the Rehabilitation Act

If you are an applicant using assistive technology and you encounter difficulty when applying please contact: COPS Office

Response Center U.S. Department of Justice, COPS Office AskCopsRC@usdoj.gov

The department is committed to ensuring equal access to all applicants and will assist any applicant who may experience

difficulties with assistive technology when applying for awards using the COPS Office online system.

20

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Appendices

Appendix A. U.S. Department of Justice Certified Standard Assurances

Below is the text of the U.S. Department of Justice Certified Standard Assurances, which the applicant will review and accept

electronically in JustGrants as part of the application process.

On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of

perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct:

(1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that

these representations will be relied upon as material in any Department decision to make an award to the Applicant

based on its application.

(2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that

it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal

share of project costs) to plan, manage, and complete the project described in the application properly.

(3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the

application--

a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the

award;

b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable

federal statutes and regulations; and

c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to

prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial

conflict of interest.

(4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the

Department based on the application specifically include statutes and regulations pertaining to civil rights and

nondiscrimination, and, in addition--

a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil

Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of

the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42

U.S.C. § 6102);

b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c)

of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the

Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency

Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the

Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on

Violence Against Women, also may apply to an award made otherwise;

c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and

associated regulations); and

d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.

(5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal

regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any)

made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part

21

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal

intelligence systems), 38 (regarding faith- based or religious organizations participating in federal financial assistance

programs), and 46 (human subjects protection).

(6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to

assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of

1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and

the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63

(floodplains and wetlands).

(7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized

representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made

by the Department based on the application.

(8) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based

on the application--

a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of

1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-

assisted programs; and

b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of

State or local government employees whose principal employment is in connection with an activity financed in

whole or in part by federal assistance.

(9) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS

Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with

applicable law—including, but not limited to, the Indian Self- Determination and Education Assistance Act—seek,

recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further

effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. §

10382(c)(11).

(10) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required

by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and

financial) as DOJ may reasonably require.

I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in

this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C.

§§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and

administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also

acknowledge that the Department’s awards, including certifications provided in connection with such awards, are subject to

review by the Department, including by its Office of the Inspector General.

22

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Appendix B. U.S. Department of Justice Certifications Regarding Lobbying;

Debarment, Suspension and Other Responsibility Matters; Drug-Free

Workplace Requirements; Law Enforcement and Co mmunity Policing

Below are the texts of certifications which the applicant will be expected to review and accept electronically as appropriate.

Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.

Applicants should also review the instructions for certification included in the regulations before completing this form. The

certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S.

Department of Justice (“Department”) determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING

As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent

applicable) the following:

(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person

for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an

officer or employee of Congress, or an employee of a Member of Congress in connection with the making of

any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal,

amendment, or modification of any Federal grant or cooperative agreement;

(b) If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal

appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an

officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee

of a member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall

complete and submit Standard Form - LLL, “Disclosure of Lobbying Activities” in accordance with its (and any

DOJ awarding agency’s) instructions; and

(c) The Applicant shall require that the language of this certification be included in the award documents for all

subgrants and procurement contracts (and their subcontracts) funded withh Federal award funds and shall

ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement

contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS

A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part

2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a

primary tier “covered transaction,” as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals—

(a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of

Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal

department or agency;

(b) has within a three-year period preceding this application been convicted of a felony criminal violation under

any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a

criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State,

tribal, or local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes

or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false

statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or

commission of any offense indicating a lack of business integrity or business honesty that seriously and directly

affects its (or its principals’) present responsibility;

23

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

(c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State,

tribal, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and/or

(d) has within a three-year period preceding this application had one or more public transactions (Federal, State,

tribal, or local) terminated for cause or default.

B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation

to this application. Where the Applicant or any of its principals was convicted, within a three- year period preceding

this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony

criminal conviction in writing to the Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov

;

for OVW Applicants, to OVW at OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at

AskCOPSRC@usdoj.gov), unless such disclosure has already been made.

3. FEDERAL TAXES

A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that

has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is

not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax

liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the

Department (for OJP Applicants, to OJP at Ojpcompliancereporting@usdoj.gov

; for OVW Applicants, to OVW at

OVW.GFMD@usdoj.gov; or for COPS Applicants, to COPS at AskCOPSRC@usdoj.gov).

B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation

to this application.

4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS)

As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as

defined at 28 C.F.R. §§ 83.620 and 83.650:

A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by—

(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing,

possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be

taken against employees for violation of such prohibition;

(b) Establishing an on-going drug-free awareness program to inform employees about—

(1) The dangers of drug abuse in the workplace;

(2) The Applicant’s policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee assistance programs; and

(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of

the statement required by paragraph (a);

(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under

the award, the employee will—

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of the employee’s conviction for a violation of a criminal drug statute

occurring in the workplace no later than five calendar days after such conviction;

24

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

(e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2)

from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees

must provide notice, including position title of any such convicted employee to the Department, as follows:

For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530;

For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN: Control Desk,

810 7th Street, N.W., Washington, D.C. 20531.

Notice shall include the identification number(s) of each affected award;

(f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with

respect to any employee who is so convicted:

(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent

with the requirements of the Rehabilitation Act of 1973, as amended;

or

(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program

approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate

agency; and

(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of

paragraphs (a), (b), (c), (d), (e), and (f).

5. LAW ENFORCEMENT AGENCY CERTIFICATION REQUIRED UNDER DEPARTMENT OF JUSTICE DISCRETIONARY GRANT

PROGRAMS (“SAFE POLICING CERTIFICATION”)

If this application is for a discretionary award pursuant to which award funds may be made available (whether by the

award directly or by any subaward at any tier) to a State, local, college, or university law enforcement agency, the

Applicant certifies that any such law enforcement agency to which funds will be made available has been certified by an

approved independent credentialing body or has started the certification process. To become certified, a law

enforcement agency must meet two mandatory conditions:

(a) the agency’s use of force policies adhere to all applicable federal, State, and local laws; and

(b) the agency’s use of force policies prohibit chokeholds except in situations where use of deadly force is allowed

by law.

For detailed information on this certification requirement, see https://cops.usdoj.gov/Public_Trust_and_Safety_EO.

The Applicant acknowledges that compliance with this safe policing certification requirement does not ensure

compliance with federal, state, or local law, and that such certification shall not constitute a defense in any federal

lawsuit. Nothing in the safe policing certification process or safe policing requirement is intended to be (or may be) used

by third parties to create liability by or against the United States or any of its officials, officers, agents or employees

under any federal law. Neither the safe policing certification process nor the safe policing certification requirement is

intended to (or does) confer any right on any third-person or entity seeking relief against the United States or any

officer or employee thereof. No person or entity is intended to be (or is) a third-party beneficiary of the safe policing

certification process, or, with respect to the safe policing certification requirement, such a beneficiary for purposes of

any civil, criminal, or administrative action.

6. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS

As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this

application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies

that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys;

State, local, or tribal prosecutors; or correctional agencies.

25

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in

this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C.

§§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and

administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also

acknowledge that the Department’s awards, including certifications provided in connection with such awards, are subject to

review by the Department, including by its Office of the Inspector General.

Appendix C. 2 C.F.R. Part 200, Appendix II to Part 200—Contract Provisions

for Non-Federal Entity Contracts Under Federal Awards

In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal

entity under the Federal award must contain provisions covering the following, as applicable.

(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the

Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C.

1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract

terms, and provide for such sanctions and penalties as appropriate.

(B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity

including the manner by which it will be effected and the basis for settlement.

(C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the

definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause

provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR

12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order

11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal

Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime

construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the

Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,

“Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance

with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing

wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay

wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination

issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned

upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to

the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback”

Act (40 U.S.C. 3145), as supplemented by Department

of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors

on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides

that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the

construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise

entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the

non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for

compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40

U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis

26

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is

compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in

the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or

mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or

dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the

open market, or contracts for transportation or transmission of intelligence.

(F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding

agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business

firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,

developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the

requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under

Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding

agency.

(G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—

Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to

agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-

7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the

Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be

made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with

the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR

part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended,

or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than

Executive Order 12549.

(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must

file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds

to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member

of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any

Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-

Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to

tier up to the non-Federal award.

(J)

See §200.323.

(K)

See §200.216.

(L)

See §200.322.

[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 19, 2014; 85 FR 49577, Aug. 13, 2020]

27

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Appendix D. 2 C. F. R. Part 200, Appendix XII to Part 200—Award Term and

Condition for Recipient Integrity and Performance Matters

A. Reporting of Matters Related to Recipient Integrity and Performance

1. General Reporting Requirement

If the total value of your currently active grants, cooperative agreements, and procurement contracts from all Federal

awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then

you as the recipient during that period of time must maintain the currency of information reported to the System for Award

Management (SAM) that is made available in the designated integrity and performance system (currently the Federal

Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings

described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law

110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the

designated integrity and performance system on or after April 15, 2011, except past performance reviews required for

Federal procurement contracts, will be publicly available.

2. Proceedings About Which You Must Report

Subm

it the information req

uired about each proceeding that:

a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the

Federal Government;

b. Reached its final disposition during the most recent five-year period; and

c. Is one of the following:

(1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition;

(2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement,

restitution, or damages of $5,000 or more;

(3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of

fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or

damages in excess of $100,000; or

(4) Any other criminal, civil, or administrative proceeding if:

(i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition;

(ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and

(iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with

applicable laws and regulations.

28

3. Reporting Procedures

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph

2 of this award term and condition. You do not need to submit the information a second time under assistance awards that

you received if you already provided the information through SAM because you were required to do so under Federal

procurement contracts that you were awarded.

4. Reporting Frequency

During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition, you

must report proceedings information through SAM for the most recent five year period, either to report new information

about any proceeding(s) that you have not reported previously or affirm that there is no new information to report.

Recipients that have Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than

$10,000,000 must disclose semiannually any information about the criminal, civil, and administrative proceedings.

5. Definitions

For purposes of this award term and condition:

a. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of

fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals

proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State

level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective

plans, or inspection of deliverables.

b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any

court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of

nolo contendere.

c. Total value of currently active grants, cooperative agreements, and procurement contracts includes—

(1) Only the Federal share of the funding under any Federal award with a recipient cost share or match; and

(2) The value of all expected funding increments under a Federal award and options, even if not yet exercised.

B. [Reserved]

[80 FR 43310, July 22, 2015, as amended at 85 FR 49582, Aug. 13, 2020]

29

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

Appendix E. 41 U.S.C. § 4712 - Enhancement of contractor protection from

reprisal for disclosure of certain information

(a) Prohibition of reprisals.--

(1) In general.--An employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not

be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in

paragraph (2) information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract

or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and

specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the

competition for or negotiation of a contract) or grant.

(2) Persons and bodies covered.--The persons and bodies described in this paragraph are the persons and bodies as follows:

(A) A Member of Congress or a representative of a committee of Congress.

(B) An Inspector General.

(C) The Government Accountability Office.

(D) A Federal employee responsible for contract or grant oversight or management at the relevant agency.

(E) An authorized official of the Department of Justice or other law enforcement agency.

(F) A court or grand jury.

(G) A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to

investigate, discover, or address misconduct.

(3) Rules of construction.--For the purposes of paragraph (1)--

(A) an employee who initiates or provides evidence of contractor, subcontractor, or grantee misconduct in any judicial or

administrative proceeding relating to waste, fraud, or abuse on a Federal contract or grant shall be deemed to have made a

disclosure covered by such paragraph; and

(B) a reprisal described in paragraph (1) is prohibited even if it is undertaken at the request of an executive branch official,

unless the request takes the form of a non-discretionary directive and is within the authority of the executive branch official

making the request.

(b) Investigation of complaints.--

(1) Submission of complaint.--A person who believes that the person has been subjected to a reprisal prohibited by

subsection (a) may submit a complaint to the Inspector General of the executive agency involved. Unless the Inspector

General determines that the complaint is frivolous, fails to allege a violation of the prohibition in subsection (a), or has

previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant, the

Inspector General shall investigate the complaint and, upon completion of such investigation, submit a report of the findings

of the investigation to the person, the contractor or grantee concerned, and the head of the agency.

30

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

(2) Inspector General action.--

(A) Determination or submission of report on findings.--Except as provided under subparagraph (B), the Inspector General

shall make a determination that a complaint is frivolous, fails to allege a violation of the prohibition in subsection (a), or has

previously been addressed in another Federal or State judicial or administrative proceeding initiated by the complainant or

submit a report under paragraph (1) within 180 days after receiving the complaint.

(B) Extension of time.--If the Inspector General is unable to complete an investigation in time to submit a report within the

180-day period specified in subparagraph (A) and the person submitting the complaint agrees to an extension of time, the

Inspector General shall submit a report under paragraph (1) within such additional period of time, up to 180 days, as shall be

agreed upon between the Inspector General and the person submitting the complaint.

(3) Prohibition on disclosure.--The Inspector General may not respond to any inquiry or disclose any information from or

about any person alleging the reprisal, except to the extent that such response or disclosure is--

(A) made with the consent of the person alleging the reprisal;

(B) made in accordance with the provisions of section 552a of title 5 or as required by any other applicable Federal law; or

(C) necessary to conduct an investigation of the alleged reprisal.

(4) Time limitation.--A complaint may not be brought under this subsection more than three years after the date on which

the alleged reprisal took place.

(c) Remedy and enforcement authority.--

(1) In general.--Not later than 30 days after receiving an Inspector General report pursuant to subsection (b), the head of the

executive agency concerned shall determine whether there is sufficient basis to conclude that the contractor or grantee

concerned has subjected the complainant to a reprisal prohibited by subsection (a) and shall either issue an order denying

relief or shall take one or more of the following actions:

(A) Order the contractor or grantee to take affirmative action to abate the reprisal.

(B) Order the contractor or grantee to reinstate the person to the position that the person held before the reprisal, together

with compensatory damages (including back pay), employment benefits, and other terms and conditions of employment

that would apply to the person in that position if the reprisal had not been taken.

(C) Order the contractor or grantee to pay the complainant an amount equal to the aggregate amount of all costs and

expenses (including attorneys’ fees and expert witnesses’ fees) that were reasonably incurred by the complainant for, or in

connection with, bringing the complaint regarding the reprisal, as determined by the head of the executive agency.

(2) Exhaustion of remedies.--If the head of an executive agency issues an order denying relief under paragraph (1) or has not

issued an order within 210 days after the submission of a complaint under subsection (b), or in the case of an extension of

time under paragraph (b)(2)(B), not later than 30 days after the expiration of the extension of time, and there is no showing

that such delay is due to the bad faith of the complainant, the complainant shall be deemed to have exhausted all

administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity

against the contractor or grantee to seek compensatory damages and other relief available under this section in the

appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the

amount in controversy. Such an action shall, at the request of either party to the action, be tried by the court with a jury. An

action under this paragraph may not be brought more than two years after the date on which remedies are deemed to have

been exhausted.

31

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

(3) Admissibility of evidence.--An Inspector General determination and an agency head order denying relief under

paragraph (2) shall be admissible in evidence in any de novo action at law or equity brought pursuant to this subsection.

(4) Enforcement of orders.--Whenever a person fails to comply with an order issued under paragraph (1), the head of the

executive agency concerned shall file an action for enforcement of such order in the United States district court for a district

in which the reprisal was found to have occurred. In any action brought under this paragraph, the court may grant

appropriate relief, including injunctive relief, compensatory and exemplary damages, and attorney fees and costs. The

person upon whose behalf an order was issued may also file such an action or join in an action filed by the head of the

executive agency.

(5) Judicial review.--Any person adversely affected or aggrieved by an order issued under paragraph (1) may obtain review

of the order’s conformance with this subsection, and any regulations issued to carry out this section, in the United States

court of appeals for a circuit in which the reprisal is alleged in the order to have occurred. No petition seeking such review

may be filed more than 60 days after issuance of the order by the head of the executive agency. Review shall conform to

chapter 7 of title 5. Filing such an appeal shall not act to stay the enforcement of the order of the head of an executive

agency, unless a stay is specifically entered by the court.

(6) Burdens of proof.--The legal burdens of proof specified in section 1221(e) of title 5 shall be controlling for the purposes

of any investigation conducted by an Inspector General, decision by the head of an executive agency, or judicial or

administrative proceeding to determine whether discrimination prohibited under this section has occurred.

(7) Rights and remedies not waivable.--The rights and remedies provided for in this section may not be waived by any

agreement, policy, form, or condition of employment.

(d) Notification of employees.--The head of each executive agency shall ensure that contractors, subcontractors, and

grantees of the agency inform their employees in writing of the rights and remedies provided under this section, in the

predominant native language of the workforce.

(e) Construction.--Nothing in this section may be construed to authorize the discharge of, demotion of, or discrimination

against an employee for a disclosure other than a disclosure protected by subsection (a) or to modify or derogate from a

right or remedy otherwise available to the employee.

(f) Exceptions.--(1) This section shall not apply to any element of the intelligence community, as defined in section 3(4) of

the National Security Act of 1947 (50 U.S.C. 401a(4))

.

(2) This section shall not apply to any disclosure made by an employee of a contractor, subcontractor, or grantee of an

element of the intelligence community if such disclosure--

(A) relates to an activity of an element of the intelligence community; or

(B) was discovered during contract, subcontract, or grantee services provided to an element of the intelligence community.

(g) Definitions.--In this section:

(1) The term “abuse of authority” means an arbitrary and capricious exercise of authority that is inconsistent with the

mission of the executive agency concerned or the successful performance of a contract or grant of such agency.

(2) The term “Inspector General” means an Inspector General appointed under the Inspector General Act of 1978 and any

Inspector General that receives funding from, or has oversight over contracts or grants awarded for or on behalf of, the

executive agency concerned.

32

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

(h) Construction.--Nothing in this section, or the amendments made by this section, shall be construed to provide any rights

to disclose classified information not otherwise provided by law.

[(i) [Added Pub. L. 112–239, div. A, title VIII, §828(a)(1), Jan. 2, 2013, 126 Stat. 1837; amended

Pub. L. 113–66, div. A, title

X, §1091(e), Dec. 26, 2013, 127 Stat. 876; Pub. L. 114–261, §1(a)(2), (3)(A), Dec. 14, 2016, 130 Stat. 1362; Pub. L. 116–260,

div. U, title VIII, §801, Dec. 27, 2020, 134 Stat. 2297.]

Appendix F. Intergovernmental Review Process, Points of Contact by State

Executive Order 12372 requires applicants from state and local units of government or other organizations or individuals

providing service within a state to submit a copy of the application to the state single point of contact (SPOC), if one exists

and if this program has been selected for review by the state. Before the application due date, you must contact your state

SPOC to find out if this program has been selected for review and comply with the state’s process under Executive Order

12372. The Catalog of Federal Domestic Assistance reference for this program is number 16.710, “Public Safety and

Community Policing Grants.”

A current list of state SPOCs is available at https://www.whitehouse.gov/wp-content/uploads/2023/06/SPOC-list-as-of-

2023.pdf. States that are not listed have chosen not to participate in the intergovernmental review process and therefore do

not have an SPOC.

Appendix G. Federal Funding Accountability and T ransparency Act (FFATA)—

Reporting Subaward a nd Executive Compensation Award Term

2 C.F.R. Part 170, Appendix A to Part 170—Award term

I. R

EPORTING SUBAWARDS AND EXECUTIVE COMPENSATION

a. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals

or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph

e. of this award term).

2. Where and when to report.

i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term

to http://www.fsrs.gov

.

ii. For subaward information, report no later than the end of the month following the month in which the obligation was

made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than

December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at

http://www.fsrs.gov specify

.

33

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated

executives for the preceding completed fiscal year, if—

i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR

170.320;

ii. in the preceding fiscal year, you received—

(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal

financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal

financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and,

iii. The public does not have access to information about the compensation of the executives through periodic reports filed

under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal

Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and

Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm

.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:

i. As part of your registration profile at https://www.sam.gov.

ii. By the end of the month following the month in which this award is made, and annually thereafter.

c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier

non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the

subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—

i. in the subrecipient's preceding fiscal year, the subrecipient received—

(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal

financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and,

(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal

financial assistance subject to the Transparency Act (and subawards); and

ii. The public does not have access to information about the compensation of the executives through periodic reports filed

under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal

Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and

Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm

.)

34

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this

award term:

i. To the recipient.

ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is

obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any

required compensation information of the subrecipient by November 30 of that year.

d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements

to report:

i. Subawards, and

ii. The total compensation of the five most highly compensated executives of any subrecipient.

e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:

i. A Governmental organization, which is a State, local government, or Indian tribe;

ii. A foreign public entity;

iii. A domestic or foreign nonprofit organization; and,

iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:

i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or

program for which you received this award and that you as the recipient award to an eligible subrecipient.

ii. The term does not include your procurement of property and services needed to carry out the project or program (for

further explanation, see 2 CFR 200.331).

iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a

contract.

35

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

5. Subrecipient means a non-Federal entity or Federal agency that:

i. Receives a subaward from you (the recipient) under this award; and

ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or

subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)).

[85 FR 49526, Aug. 13, 2020]

Appendix H. System for Award Management (SAM) and Universal Identifier

Award Term

2 C.F.R. Part 200, Appendix A to Part 25—Award Term

I. S

YSTEM FOR AWARD MANAGEMENT AND UNIVERSAL IDENTIFIER REQUIREMENTS

A. Requirement for System for Award Management

Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain current information

in the SAM. This includes information on your immediate and highest level owner and subsidiaries, as well as on all of your

predecessors that have been awarded a Federal contract or Federal financial assistance within the last three years, if

applicable, until you submit the final financial report required under this Federal award or receive the final payment,

whichever is later. This requires that you review and update the information at least annually after the initial registration,

and more frequently if required by changes in your information or another Federal award term.

B. Requirement for Unique Entity Identifier

If you are authorized to make subawards under this Federal award, you:

1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a

subaward from you until the entity has provided its Unique Entity Identifier to you.

2. May not make a subaward to an entity unless the entity has provided its Unique Entity Identifier to you. Subrecipients are

not required to obtain an active SAM registration, but must obtain a Unique Entity Identifier.

C. Definitions

For purposes of this term:

1. System for Award Management (SAM) means the Federal repository into which a recipient must provide information

required for the conduct of business as a recipient. Additional information about registration procedures may be found at

the SAM internet site (currently at https://www.sam.gov

).

2. Unique Entity Identifier means the identifier assigned by SAM to uniquely identify business entities.

36

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

3. Entity includes non-Federal entities as defined at 2 CFR 200.1 and also includes all of the following, for purposes of this

part:

a. A foreign organization;

b. A foreign public entity;

c. A domestic for-profit organization; and

d. A domestic or foreign for-profit organization; and

e. A Federal agency.

4. Subaward has the meaning given in 2 CFR 200.1.

5.

S

ubrecipient has the meaning given in 2 CFR 200.1.

[85 FR 49525, Aug. 13, 2020]

Appendix J. Determination of Suitability for Youth-Centered Awards Condition

By signing the Award Document to accept this award, the recipient agrees to comply with the following Special Award

Condition.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may

interact with participating minors. This requirement applies regardless of an individual's employment status.

1. Advance determination regarding suitability. The recipient (and any subrecipient at any tier) may not permit any covered

individual to interact with any participating minor in the course of activities under the award, unless the recipient or

subrecipient first has made a written determination of the suitability of that individual to interact with participating minors,

based on current and appropriate information as described in paragraph 3.E., and taking into account the factors and

considerations described in paragraph 4.

2. Updates and reexaminations

A. The recipient (or subrecipient) must, at least every five years, update the searches described in paragraph 3.E.1. and 2.,

reexamine the covered individual’s suitability determination in light of those search results, and, if appropriate, modify or

withdraw that determination.

B. The recipient also must reexamine a covered individual’s suitability determination upon learning of information that

reasonably may suggest unsuitability and, if appropriate, modify or withdraw that determination.

3. Definitions

A. "Covered individual" means any individual (other than a participating minor, as defined in this condition, or a client of the

recipient (or subrecipient)) who is expected, or reasonably likely, to interact with any participating minor (other than the

individual's own minor children). A covered individual need not have any particular employment status or legal relationship

with the recipient (or subrecipient). Such an individual might be an employee of a recipient (or subrecipient), but also might

be (for example) a consultant, contractor, employee of a contractor, trainee, volunteer, or teacher.

37

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

B. "Participating minor." All individuals under 18 years of age within the set of individuals described in the scope section of

this condition as it appears on the award document are participating minors.

C. "Interaction" includes physical contact, oral and written communication, and the transmission of images and sound, and

may be in person or by electronic (or similar) means. But "interaction" does not include--

(1) brief contact that is both unexpected by the recipient (or subrecipient) and unintentional on the part of the covered

individual -- such as might occur when a postal carrier delivers mail to an administrative office.

(2) personally-accompanied contact -- that is, infrequent or occasional contact (for example, by someone who comes to

make a presentation) in the presence of an accompanying adult, pursuant to written policies and procedures of the recipient

(or subrecipient) that are designed to ensure that -- throughout the contact -- an appropriate adult who has been

determined to be suitable pursuant to this condition will closely and personally accompany, and remain continuously within

view and earshot of, the covered individual.

D. "Activities under the award." Whether paid for with federal funds from the award, "matching" funds included in the COPS

Office-approved budget for the award, or "program income" for the award as defined by the (DOJ) Part 200 Uniform

Requirements), activities under the award include both --

(1) activities carried out under the award by the recipient (or subrecipient); and

(2) actions taken by an entity or individual pursuant to a procurement contract under the award or to a procurement

contract under a subaward at any tier.

E. "Current and appropriate information"

In addition to information resulting from checks or screening required by applicable federal, state, tribal, or local law, and/or

by the recipient's (or subrecipient's) written policies and procedures, current and appropriate information includes the

results of all required searches listed below, each of which must be completed no earlier than six months before the

determination regarding suitability.

(1) Public sex offender and child abuse websites/registries

A search (by current name, and, if applicable, by previous name(s) or aliases), of the pertinent and reasonably-accessible

federal, state, and (if applicable) local and tribal sex offender and child abuse websites/public registries, including--

(a)

t

he Dru Sjodin National Sex Offender Public Website (

www.nsopw.gov);

(

b) the website/public registry for each state (and/or tribe, if applicable) in which the individual lives, works, or goes to

school, or has lived, worked, or gone to school at any time during the past five years; and

(c) the website/public registry for each state (and/or tribe, if applicable) in which the individual is expected to, or reasonably

likely to, interact with a participating minor in the course of activities under the award.

38

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

(2) Criminal history registries and similar repositories of criminal history records

For each individual at least 18 years of age who is a covered individual under this award, a fingerprint search (or, if the

recipient or subrecipient documents that a fingerprint search is not legally available, a name-based search, using current

and, if applicable, previous names and aliases) (-- encompassing at least the time period beginning five calendar years

preceding the date of the search request -- of pertinent state (and, if applicable, local and tribal) criminal history registries or

similar repositories, including--

(a) the criminal history registry for each state in which the individual lives, works, or goes to school, or has lived, worked, or

gone to school at any time during the past five years; and

(b) the criminal history registry for each state in which he or she is expected to, or reasonably likely to, interact with a

participating minor in the course of activities under the award.

4. Factors and considerations in determinations regarding suitability

In addition to the factors and considerations that must or may be considered under applicable federal, state, tribal, or local

law, and under the recipient's (or subrecipient's) written policies and procedures, in making a determination regarding

suitability, the recipient (or subrecipient) must consider the current and appropriate information described in paragraph 3.E.

In particular (unless applicable law precludes it), with respect to either an initial determination of suitability or a subsequent

reexamination, the recipient (or subrecipient) may not determine that a covered individual is suitable to interact with

participating minors in the course of activities under the award if the covered individual--

A. Withholds consent to a criminal history search required by this condition;

B. Knowingly makes (or made) a false statement that affects, or is intended to affect, any search required by this condition;

C. Is listed as a registered sex offender on the Dru Sjodin National Sex Offender Public Website;

D. To the knowledge of the recipient (or subrecipient), has been convicted -- whether as a felony or misdemeanor -- under

federal, state, tribal, or local law of any of the following crimes (or any substantially equivalent criminal offense, regardless

of the specific words by which it may be identified in law):

(1) sexual or physical abuse, neglect, or endangerment of an individual under the age of 18 at the time of the offense;

(2) rape/sexual assault, including conspiracy to commit rape/sexual assault;

(3) sexual exploitation, such as through child pornography or sex trafficking;

(4) kidnapping;

(5) voyeurism; or

E. Is determined by a federal, state, tribal, or local government agency not to be suitable.

5. Administration; rule of construction

A. The requirements of this condition are among those that must be included in any subaward (at any tier), and must be

monitored. They apply as of the date of acceptance of this award, and throughout the remainder of the period of

performance.

39

FY24 COPS Office Resource Guide for CHP, SVPP, AHTF, and CAMP

B. The recipient is to contact the DOJ awarding agency with any questions regarding the requirements of this condition and

must not allow a covered individual to interact with a participating minor until such questions are answered.

C. Award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure

compliance with this condition, provided that such funds would not supplant non-federal funds that would otherwise be

available for such costs.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any

person or other entity, to violate any federal, state, tribal, or local law, including any applicable civil rights or

nondiscrimination law.

40