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Recipients must comply with E 0 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and
<br />support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance
<br />with the Order and laws.
<br />Article XXXII - Prior Approval for Modification of Approved Budget
<br />Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA
<br />where required by 2 C.F.R section 200.308 FEMA is also utilizing its discretion to impose an additional restriction under
<br />2 C F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities.
<br />Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold
<br />(currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior
<br />written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent
<br />(10%) of the total budget FEMA last approved You must report any deviations from your FEMA approved budget in the first
<br />Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation
<br />requires prior written approval.
<br />Article XXXII! - Hotel and Motel Fire Safety Act of 1990
<br />In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U S. C. section 2225a, recipients must ensure
<br />that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire
<br />prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, (codified as amended at 15 U.S.C.
<br />section 2225.)
<br />Article XXXIV - Duplication of Benefits
<br />Any cost allocable to a particular federal financial assistance award provided for in 2 C. F.R. Part 200, Subpart E may not
<br />be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by
<br />federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these
<br />prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with
<br />existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
<br />Article XXXV - Fly America Act of 1974
<br />Recipients must comply with Preference for U.S Flag Air Carriers (air carriers holding certificates under 49 U.S.C.
<br />section 41102) for international air transportation of people and property to the extent that such service is available, in
<br />accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and
<br />the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to
<br />Comptroller General Decision B-138942.
<br />Article XXXVI - Reporting of Matters Related to Recipient Integrity and Performance
<br />If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding
<br />agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the
<br />recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient
<br />Integrity and Performance Matters located at 2 C.F. R. Part 200, Appendix XII, the full text of which is incorporated here by
<br />reference in the award terms and conditions.
<br />Article XXXVII - Lobbying Prohibitions
<br />Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial
<br />assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or
<br />employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of
<br />Congress in connection with any federal action related to a federal award or contract, including any extension, continuation,
<br />renewal, amendment, or modification
<br />Article XXXVIII - False Claims Act and Program Fraud Civil Remedies
<br />Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the
<br />submission of false or fraudulent claims for payment to the federal government (See 31 U.S.C. sections 3801-3812, which
<br />details the administrative remedies for false claims and statements made.)
<br />Article XXXIX - Federal Debt Status
<br />DHS-FEMA-HSGP-UASI-FY21
<br />Page 31 of 57 SPD, E22-113 Revised
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