Edward Byrne Memorial Justice Assistance Grant JAG

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Edward Byrne Memorial Justice Assistance
GrantJAG

• Bureau of Justice Assistance
• Office of Justice Programs
• United States Department of Justice

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Background

• Combines the Edward Byrne (Byrne) Memorial
  Formula Grant Program and the Local Law
  Enforcement Block Grant (LLEBG) Programs.
• First funded in FY 2005 in H.R. 4818, the
  Consolidated Appropriations Act of 2005.
• Appropriations language references H.R. 3036 as
  JAGs implementing language.

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FY 2005 Funding

• 634 million appropriation.
• Mandatory set asides for Boys Girls Club, etc.
  totaling over 96 million.
• 495.5 million made available for awards.

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Program Purposes

• Law enforcement
• Prosecution and courts
• Prevention and education
• Corrections and community corrections
• Drug treatment
• Planning, evaluation, and technology improvement
• KEY
• Any law enforcement or justice initiative
  previously funded under Byrne or
  LLEBG is eligible for JAG funding.

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Formula

• Minimum base allocation (.25).
• Remaining amount based on 50 population and 50
  Part 1 UCR data (2002 Census Population,
  2000-2002 UCR Data).
• Of the total state allocation, 60 is awarded to
  the state, 40 to eligible units of local
  government.
• State award has a variable pass through
  requirement based on its crime expenditures.

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Award Amount

• States and Territories are eligible for
• 60 of the initial state allocation. This amount
  is subject to the variable pass through
  requirement.
• Plus any funds from the 40 of the initial state
  allocation for units of local government whose
  allocation is less than 10,000to be distributed
  to state police departments that provide criminal
  justice services to locals and/or to local
  governments whose allocation is less than 10,000.

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Award Amount

• Units of local government are eligible for direct
  awards of 10,000 or more.
• KEY
• JAG makes funds available to units of local
  government and not specifically to local law
  enforcement.

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Disparate Certification

• Certified by the AAG.
• Single joint application (fiscal agent).

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Application Reviews

• Make application available to the CEO of that
  jurisdiction for 30 days before submission.
• Make application public for comment to citizens
  and FBCOs.

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Administrative Funds Match

• An SAA or unit of local government receiving a
  direct award may use up to 10 for administrative
  costs.
• Match is not required by the JAG program but
  grantees may choose to require match from their
  subgrantees.

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Length of Award

• Awards are made in the fiscal year of the
  appropriation and may be expended during the
  following 3 years for a total of 4 years.
  Extensions may be granted on a case-by-case basis
  at the discretion of the Director of BJA.
• Example 10/1/2004 9/30/2008

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Availability of Funds Trust Fund

• Grant funds may be drawndown in a lump sum.
• All grant funds drawdown must be deposited into a
  trust fund account that may or may not be
  interest bearing. Any interest earned must be
  spent within the grant period and on eligible
  program activities.

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Reporting

• Quarterly SF-269 Financial Status Reports
• Reporting Quarter Date Due
• Jan 1-Mar 31 May 15
• April 1-June 30 Aug 14
• July 1-Sept 30 Nov 14
• Oct 1-Dec 31 Feb 14
• Submit on line at https//grants.ojp.usdoj.gov/

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Reporting

• An annual programmatic report must be submitted.
• Reporting Period Date Due
• Jan 1-Dec 31 June 30
• Jul 1-June 30 Dec 31
• Oct 1-Sept 30 Mar 31
• Must be submitted in GMS.

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Reporting

• Performance Measures must be submitted with the
  annual report.

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Reporting
17
Reporting
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Reporting

• For State Administering Agencies and other
  Grantees serving as Fiscal Agents, a subgrant
  report is due every six months.
• Information is currently submitted utilizing an
  Excel Spreadsheet.
• Types of data elements are subgrantee name,
  location, subgrant award amount purpose area
  and short project description.
• Several new data elements are being considered
  for addition. The most likely is jurisdiction
  type.

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Other Program Requirements

• Single Point of Contact Review Executive Order
  12372 requires applicants for federal formula
  grants and subgrants 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. Applicants
  must contact their state SPOC (www.whitehouse.gov/
  omb/grants/spoc.html) to determine if the program
  has been selected for state review. The date that
  the application was sent to the SPOC or the
  reason such submission is not required should be
  entered in block 17 on the Application for
  Federal Assistance (SFB424).
• Purchase of American-Made Equipment and Products
  It is the sense of Congress, as conveyed through
  each years appropriations act, that to the
  greatest extent practicable, all equipment and
  products purchased with grant funds should be
  American made.

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Other Program Requirements

• National Environmental Policy Act All actions
  significantly affecting the quality of the
  environment are subject to the provisions of the
  National Environmental Policy Act (NEPA) and
  other related federal environmental laws. Most
  RSAT projects will not be affected by NEPA. If,
  however, a project involves minor renovation,
  construction, or any other activity that may have
  an impact on the environment or change the use or
  function of a facility, the grantee should
  provide a full description of the proposed
  project to its BJA State Policy Advisor prior to
  project implementation. A determination regarding
  whether any further action is necessary will be
  made by BJA.
• Civil Rights Compliance All recipients of federal
  grant funds must comply with nondiscrimination
  requirements contained in federal laws. If a
  court or administrative agency makes a finding of
  discrimination against a recipient of funds on
  grounds of race, color, religion, national
  origin, gender, disability, or age after a due
  process hearing, the recipient must forward a
  copy of the finding to the Office for Civil
  Rights of the Office of Justice Programs.

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Other Program Requirements

• Limited English Proficiency Recipients of OJP
  financial assistance are required to comply with
  several federal civil rights laws, including
  Title VI of the Civil Rights Act of 1964 (Title
  VI) and the Omnibus Crime Control and Safe
  Streets Act of 1968 (Safe Streets Act), as
  amended. These laws prohibit discrimination on
  the basis of race, color, religion, national
  origin, and sex in the delivery of services.
• National origin discrimination includes
  discrimination on the basis of Limited English
  Proficiency (LEP). To ensure compliance with
  Title VI and the Safe Streets Act, recipients are
  required to take reasonable steps to ensure that
  LEP persons have meaningful access to their
  programs. Meaningful access may entail providing
  language assistance services, including oral and
  written translation, where necessary. Grantees
  are encouraged to consider the need for language
  services for LEP persons served or encountered
  both in developing their proposals and budgets
  and in conducting their programs and activities.
  Reasonable costs associated with providing
  meaningful access for LEP individuals are
  considered allowable program costs.
• The U.S. Department of Justice has issued
  guidance for grantees to assist them in complying
  with Title VI requirements. The guidance document
  can be accessed on the Internet at www.lep.gov.

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Other Program Requirements

• Faith-Based and Community Organizations It is OJP
  policy that faith-based and community
  organizations that statutorily qualify as
  eligible applicants under OJP programs are
  invited and encouraged to apply for assistance
  awards. Faith-based and community organizations
  will be considered for awards on the same basis
  as any other eligible applicants and, if they
  receive assistance awards, will be treated on an
  equal basis with all other grantees in the
  administration of such awards. No eligible
  applicant or grantee will be discriminated
  against on the basis of its religious character
  or affiliation, religious name, or the religious
  composition of its board of directors or people
  working in the organization.
• Evaluation Pending the availability of funds, BJA
  and the National Institute of Justice will
  identify a number of sites under the Residential
  Substance Abuse Treatment for State Prisoners
  Program to participate in a national and
  project-level process and impact evaluation. The
  goal of this evaluation is to gain practical,
  measurable, and descriptive information and to
  provide feedback to interested agencies and
  organizations about processes and early outcomes.
  

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Other Program Requirements

• Anti-Lobbying Act The Anti-Lobbying Act (18
  U.S.C. 1913) recently was amended to expand
  significantly the restriction on use of
  appropriated funding for lobbying. This expansion
  also makes the anti-lobbying restrictions
  enforceable via large civil penalties, with civil
  fines between 10,000 and 100,000 per each
  individual occurrence of lobbying activity. These
  restrictions are in addition to the anti-lobbying
  and lobbying disclosure restrictions imposed by
  31 U.S.C. 1352.
• The Office of Management and Budget (OMB) is
  currently amending the OMB cost circulars
  (www.whitehouse.gov/omb/circulars/index.html) and
  the common rule (codified at 28 C.F.R. Part 69
  for U.S. Department of Justice grantees) to
  reflect these modifications. However, in the
  interest of full disclosure, all applicants must
  understand that no federally appropriated funding
  made available under this grant program may be
  used, either directly or indirectly, to support
  the enactment, repeal, modification or adoption
  of any law, regulation, or policy, at any level
  of government, without the express approval by
  OJP. Any violation of this prohibition is subject
  to a minimum 10,000 fine for each occurrence.
  This prohibition applies to all activity, even if
  currently allowed within the parameters of the
  existing OMB circulars.

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Other Program Requirements

• Confidentiality and Human Subjects Protection
  U.S. Department of Justice regulations (28 C.F.R.
  Part 22) require applicants for BJA funding to
  submit a Privacy Certificate as a condition of
  approval of any grant application or contract
  proposal that contains a research or statistical
  component under which personally identifiable
  information will be collected. In addition to the
  regulations in Part 22, regulations concerning
  protection of human subjects are set forth in 28
  C.F.R. Part 46. In general, 28 C.F.R. Part 46
  requires that all research involving human
  subjects conducted or supported by a federal
  department or agency be reviewed and approved by
  an Institutional Review Board before funds are
  expended for that research.
• General information regarding Confidentiality
  and Human Subjects Protection can be found on the
  National Institute of Justice web site
  (www.ojp.usdoj.gov/nij/humansubjects). Sample
  formats of the Privacy Certificate, Transfer
  Agreement, and Single Project Assurance for
  submission to BJA can be found on the OJP web
  site (www.ojp.usdoj.gov/forms.htm).

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Application Process Timeline

• All applications will be received and processed
  in the GMS system.
• The state and local application kits and GMS
  system will be made available on November 28,
  2005.
• All applications will be due by 800 p.m., EST on
  January 26, 2006.

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Other BJA Programs

• Residential Substance Abuse Treatment (RSAT)
  Formula Grant Program
• Drug Courts Discretionary Grant Program
• Prescription Drug Monitoring Program
• Comprehensive Approaches to Sex Offender
  Management Discretionary Grant Program
• Gang Resistance Education and Training
  (G.R.E.A.T.) Program
• Law Enforcement and Service Provider
  Multidisciplinary Anti-Trafficking Task Forces

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Other BJA Programs

• Indian Alcohol and Substance Abuse Program
• Tribal Courts
• Public Safety Officers' Benefits (PSOB) Program
• Bulletproof Vest Partnership (BVP)
• Southwest Border Prosecution Initiative
• State Criminal Alien Assistance Program (SCAAP)
• Project Safe Neighborhoods (PSN)

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More Information

• JAG Website at http//www.ojp.usdoj.gov/BJA/grant
  /jag.html
• Matthew D. Hanson
• Special Assistant and Acting Associate Deputy
  Director
• Matthew.Hanson_at_usdoj.gov
• [phone]