Law Enforcement Tribute Act Program, FY 2004

Other Requirements

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 of Civil Rights of the Office of Justice Programs.

Faith-Based Organizations

Eligible applicants may partner with faith-based organizations. Religious organizations will be treated on an equal basis as other nonreligious organizations in all grant determinations and administration. No person or organization that partners with an eligible applicant under this grant program may be discriminated against on the basis of religion, religious name, or religious composition of its board or person working in the organization. Further, grant subrecipients will not be discriminated against because they are primarily religious, and they will not be required to remove religious provisions in their chartering documents, nor will they be required to remove religious names, icons, or symbols from their buildings. In addition, the ultimate beneficiaries of programs administered by any grantee will not be subject to religious coercion or be discriminated against on the basis of their religion.

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 in the process of amending the OMB cost
circulars and the common rule (codified at C.F.R. Part 69 for 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.

Confidentiality and Human Subjects Protection

U.S. Department of Justice regulations (28 Code of Federal Regulations (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. Sample formats of the Privacy Certificate, Transfer Agreement, and Single Project Assurance for submission to BJA can be found on the OJP web site.

National Environmental Policy Act Requirements

As necessary after a grant award, BJA will work with individual grant recipients to facilitate National Environmental Policy Act (NEPA) compliance. Permanent tributes that involve no new construction or major renovation and have no adverse effects on the environment, such as through the use or creation of toxic or hazardous substances, emissions, or conditions, may be eligible for a Categorical Exclusion to NEPA requirements. BJA will make a determination based upon information submitted in the application.

Permanent tributes that normally require an environmental assessment include renovations and expansions that change the original use of a facility, substantially change its size, or change the existing facility in a way that increases its production of liquid, gaseous, or solid wastes; new construction; research and technology whose anticipated and future application could be expected to have an effect on the environment; and new operation involving the use of hazardous, toxic, radioactive, or odorous materials.

Assessments of such activities that result in BJA "findings of significant impact" will necessitate the preparation of environmental impact statements in compliance with NEPA and its implementing regulations.