US Dept of Justice 10/14/2020 - Laserfiche WebLink

Department of Justice(DOJ) Office of Justice Programs AWARD CONTINUATION . I Bureau of Justice Assistance SHEET PAGE 24 OF 31 Grant PROJECT NUMBER 2020-DJ-BX-0452 AWARD DATE 09/19/2020 SPECIAL CONDITIONS 40. No use of funds to interfere with federal law enforcement:Interrogation of certain aliens SCOPE.This condition applies as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award.Its provisions must be among those included in any subaward(at any tier). 1.No use of funds to interfere with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 USC 1357(a),under which certain federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States,"and 8 CFR 287.5(a),under which that power may be exercised "anywhere in or outside the United States"--no State or local government entity,-agency,or-official may use funds under this award to interfere with the exercise of that power to interrogate"without warrant"(by agents of the United States acting under color of federal law)by impeding access to any State or local government(or government- contracted)correctional facility by such agents for the purpose of"interrogat[ing]any alien or person believed to be an alien as to his[or her]right to be or to remain in the United States." 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition: (1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(8 USC 1101(a)(3)),except that,with respect to a juvenile offender,it means"criminal alien." (2)The term`juvenile offender"means what it means under 28 CFR 31.304(f)(as in effect on Jan. 1,2020). (3)The term"criminal alien"means,with respect to a juvenile offender,an alien who is deportable on the basis of— (a)conviction described in 8 USC 1227(a)(2),or (b)conduct described in 8 USC 1227(a)(4). (4)The term"conviction"means what it means under 8 USC 1101(a)(48).(Adjudication of a juvenile as having committed an offense does not constitute"conviction"for purposes of this condition.) (5)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968(34 USC 10251(a)(7)). (6)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule, or practice,that— (a)is designed to prevent or to significantly delay or complicate,or OJP FORM 4000/2(REV.4-88)