2022/07/27 Council Agenda Packet

Limitations on the Use of JAG Funds Administrative Costs Up to 10 percent of a JAG award, including up to 10 percent of any earned interest, may be used for costs associated with administering the award, which can include indirect costs. Supplanting JAG funds may not be used to supplant state or local funds, but must be used to increase the amounts of such funds that would, in the absence of federal funds, be made available. See the JAG FAQs for examples of supplanting. Although supplanting is prohibited, the leveraging of federal funding is encouraged. Matching Funds Absent specific federal statutory authority to do so, JAG award funds may not be used as a match for other federal awards. Prohibited Expenditures and Associated Procedures under JAG The JAG statute, at 34 U.S.C. § 10152(d),specifically identifies a list of prohibited items. JAG funds provided under this part may NOT be used, directly or indirectly, to provide any of the following: (1) Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety. (2) Unless the Attorney General certifies that extraordinary and exigent circumstances exist that make the use of such funds to provide such matters essential to the maintenance of public safety and good order: • Vehicles, vessels, or aircraft* • Luxury items • Real estate • Construction projects (other than penal or correctional institutions) • Any similar matters *Police cruisers, police boats, and police helicopters are allowable vehicles under JAG and do not require BJA certification. For purposes of JAG, a vehicle is considered a "police cruiser" only if it is used in the ordinary course for routine police patrol within the United States. Vehicles (including motorcycles, SUVs, and ATVs) used as "police cruisers" are not prohibited under JAG, and therefore may be acquired with JAG funds in the ordinary course, to the extent otherwise allowable under the award. For more information, please see the "prohibited expenditure list" at: JAG Prohibited and Controlled Expenditures Guidance. Please refer to the JAG FAQs for details on how to request prior approval (a waiver) from BJA to utilize JAG funds for prohibited item(s). Note: The use of BJA grant funds for unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV), and/or any accompanying accessories to support UAS or UAV devices/systems, is unallowable. Other Program Requirements A unit of local government that applies for and receives an FY 2022 JAG award must note the following: Trust Fund — Units of local government may draw down JAG funds either in advance or on a reimbursement basis. To draw down in advance, a trust fund must be established in which to deposit the funds. The trust fund must be in an interest -bearing account, unless one of the exceptions in 2 C.F.R. § 200.305(b)(8) apply. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit the funds. For additional information, see 2 C.F.R. § 200.305. Certifications and Assurances by the Chief Executive of the Applicant Government (which incorporates the 30- day governing body review requirement) — A JAG application is not complete, and a unit of local government may not access award funds, unless the chief executive of the applicant unit of local government (e.g., the mayor) properly executes, and the unit of local government submits, the "Certifications and Assurances by the Chief Executive of the Applicant Government." The most up-to-date version of this certification can be found at: FY 2022 Byrne JAG — Certifications and Assurances by the Chief Executive of the Applicant Government (oip.qov). Please note that this certification takes the place of the review narrative attachment and contains Page 10 of 23 O-BJA-2022-171368