Law Enforcement Tribute Act Program, FY 2004

About OJP

The Office of Justice Programs (OJP), U.S. Department of Justice, was created in l984 to provide federal leadership in developing the nation's capacity to prevent and control crime, administer justice, and assist crime victims. OJP carries out this mission by forming partnerships with other federal, state, and local agencies, as well as national and community-based organizations. OJP is dedicated to comprehensive approaches that empower communities to address crime, break the cycle of substance abuse and crime, combat family violence, address youth crime, hold offenders accountable, protect and support crime victims, enhance law enforcement initiatives, and support advancements in adjudication. OJP also works to reduce crime in Indian Country, enhance technology's use within the criminal and juvenile justice systems, and support state and local efforts through technical assistance and training.

About BJA

The Bureau of Justice Assistance (BJA), a component of the Office of Justice Programs, U.S. Department of Justice, supports innovative programs that strengthen the nation's criminal justice system. Its primary mission is to provide leadership and a range of assistance to local criminal justice strategies to make America's communities safer. BJA accomplishes this mission by providing funding, training, technical assistance, and information to state and community criminal justice programs and by emphasizing the coordination of federal, state, and local efforts. BJA's specific goals are to help communities reduce and prevent crime, violence, and drug abuse and to improve the functioning of the criminal justice system.

About the Law Enforcement Tribute Act Program

Public Law 107-273 authorizes the U.S. Attorney General to make grants to states, units of local government, and Indian tribes to carry out programs that honor, through permanent tributes, men and women of the United States who have been killed or disabled while serving as law enforcement or public safety officers. The fiscal year (FY) 2003 appropriation was $500,000, and these funds will be awarded in FY 2004.

The Law Enforcement Tribute Act provides one-time grants to eligible jurisdictions to assist in the completion of permanent tributes aimed at honoring the men and women of law enforcement and public safety who have been killed or disabled in the line of duty. Many states, counties, municipalities, and tribal governments have already undertaken projects to honor these officers. Designing and completing permanent tributes is a complex, multiyear process that requires dedicated human and financial resources. Congress understands this need and has provided limited means to assist some jurisdictions that are actively engaged in the process and need additional financial assistance to complete their projects.

Permanent tributes are broadly defined and may take many forms. Many memorials consist of fixed objects that require minimal upkeep. Examples of generally acceptable permanent tributes include plaques, statues, portraits, fountains, free-form or abstract sculptures, living tributes (trees or gardens), murals, and dedicated public buildings or public areas.

Grants may not be used by jurisdictions that have completed a permanent tribute at the time of the award, and they may not be used for the purchase of land or construction costs (see Prohibited Use of Funds). Additionally, grants are not available for permanent tributes that are exclusively in a print, graphic, or electronic form, such as Internet web pages, or in the form of endowments or scholarship programs.

Eligibility

For the purposes of this program, eligible applicants are states, units of local government, and Indian tribal governments. All applicants must demonstrate the management and financial ability to effectively plan and implement projects of the size and scope described in this grant announcement. Nonprofit and for-profit agencies are not directly eligible to apply; however, they may be included in partnerships or coalitions formed for the purposes of planning or completing permanent tributes.

State: Any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, or the Northern Mariana Islands.

Units of local government: Any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a state. If a subunit or agency of an eligible government (e.g., county planning department, or police department) wants to apply, it must be designated by the eligible applicant as the authorized representative of that applicant for the purposes of applying for this grant. For example, the county executive may designate the county planning office as its representative and leader in the application process.

Indian tribal governments: A tribe, band, pueblo, nation, or other organized group or community of Indians, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.]), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their special status as Indians. For a list of federally recognized Indian tribes and tribal entities, please visit www.gpoaccess.gov/fr/search.html and search for Volume 67 (2002), page 46328.

Multijurisdictional projects: In some cases, multiple eligible jurisdictions may combine their resources to create a regional law enforcement tribute for officers from their combined agencies. This is allowed and encouraged, but only one eligible jurisdiction may submit an application, and the application must cover the entire project.

Persons Eligible for Permanent Tributes

Killed or Disabled

Those eligible to be honored with permanent tribute grant funds include law enforcement and public safety officers who have been killed in the line of duty, and officers who have sustained permanent disabilities in the line of duty. Applicant jurisdictions may use their own internal policies, regulations, statutes, or practices to determine the minimum thresholds for, or circumstances surrounding, qualifying levels of disability or causes of death. Tributes may recognize one or more persons who meet the definition, regardless of the dates of their line-of-duty deaths or disabilities.

Law Enforcement and Public Safety Officers of the United States

Eligible persons include any officer, agent, or employee of a state, local, or tribal government who serves a public agency in an official capacity, with or without compensation, as a public safety officer, firefighter, or member of a public rescue squad or ambulance crew. Public safety officers include, but are not limited to, police, sheriff's deputies, correctional officers, probation and parole officers, and judicial officers. Volunteer firefighters and members of volunteer rescue squads and ambulance crews are covered under the program, as are federal, state, local, and tribal emergency management or civil defense agency employees.

Amount and Length of Awards

Federal Funding Limitations

An eligible jurisdiction may submit only one application in response to this solicitation. Grant awards may not exceed $150,000 per applicant (statutory limit). Award amounts may vary and, in some cases, may be less than the maximum allowed or requested.

Federal Match Requirements

The federal portion of the allowable costs under this grant may not exceed 50 percent (statutory requirement). Jurisdictions must provide the remaining funds through cash or in-kind matches. Cash or in-kind matches must be clearly identified in the application.

Sources and Types of Matching Funds

Sources for cash matches include funds from states and units of government, the Housing and Community Development Act of 1974, the Appalachian Regional Development Act of 1965, equitable sharing programs (asset forfeiture), and funds contributed from private sources. Indian tribal governments may use federally appropriated funds.

For in-kind matches, the valuation of in-kind services, including donated services and in-kind contributions by third parties, may be used. All cash and in-kind matches must be for allowable expenses (i.e., costs that do not include construction or land purchases).

Expenditure of Funds

Federal funds must be expended within 24 months of the award date. Exceptions and extensions to this requirement may be considered on a case-by-case basis.

Allowable Use of Funds

Funds must be used to support the direct costs associated with the development, production, or completion of permanent tributes. These may include personnel, materials, and other related costs. Minor (cosmetic) modifications or enhancements to existing structures (e.g., colors or trims) and minor utility upgrades (e.g., electrical service) are allowed. Personnel and consultant costs attributable to technical, legal, or administrative support services necessary to design or complete a tribute are also allowed.

Prohibited Use of Funds

Permanent tribute grant funds may not be used to reimburse or directly fund construction or land purchase costs associated with new memorials or major renovation of existing memorials. This includes all major construction-related tasks, such as engineering and architectural services, trenching, excavating, structural construction, storm-water management, surveying, or utility services. However, funded projects may include land purchases, construction, or major renovation expenses if these expenses are outside the scope of the application award, including any indirect or in-kind allowances in the approved project budget.

Nonsupplanting Funds

Federal grant funds may be used to supplement existing funds, not to replace (supplant) funds that have been appropriated for the same purpose.

Review Process

All applications will be peer reviewed. BJA staff will make recommendations, based on peer review results and other considerations, to the BJA Director, who will make final award recommendations to OJP’s Assistant Attorney General.

Funding decisions will be made on the basis of several criteria, including the merit and fundamental strengths of the application. Consideration may also be given for other factors including, but not limited to, geographic and regional balance. Applications that meet all eligibility requirements will be evaluated according to the selection criteria. Peer reviewers’ recommendations are advisory only. The final award decision is made by the Assistant Attorney General. BJA will negotiate specific terms of the awards with the selected applicants.

How To Apply

OJP requires that funding applications be submitted through the OJP Grants Management System (GMS). If you experience difficulties at any point in this process, please call the GMS Help Desk at 1-888-549-9901.

Attachments

Budget Detail Worksheet (Attachment #1)

The applicant must provide a budget that (1) is complete, allowable, and cost effective in relation to the proposed activities, (2) shows cost calculations that demonstrate how the applicant arrived at the amount requested, and (3) provides a brief supporting budget narrative that links costs with project implementation.

Applicants must submit the budget worksheet and budget narrative in one file. The worksheet provides the detailed computation for each budget item (often in spreadsheet format). The narrative justifies or explains each budget item and relates it to project activities.

• Budget Worksheet. The budget worksheet must list the cost of each budget item and show how the cost was calculated. For example, costs for personnel should show the annual salary rate and the percentage of time devoted to the project for each employee to be paid through grant funds. Note: Total costs specified in the budget detail worksheet must match the total amount requested.
  
  
• Budget Narrative. The budget narrative should closely follow the content of the budget worksheet and justify all proposed costs. For example, the narrative should explain how fringe benefits were calculated, how travel costs were estimated, why particular items of equipment or supplies must be purchased, and how overhead or indirect costs (if applicable) were calculated. The budget narrative should justify the specific items listed in the budget worksheet (particularly supplies, travel, and equipment) and demonstrate that all costs are reasonable.

Use the sample budget detail worksheet as a guide in the preparation of the budget worksheet and budget narrative.

Program Narrative (Attachment #2)

The program narrative must be double spaced, use a standard 12-point font (Times New Roman is preferred) with 1-inch margins, and not exceed eight pages. (Please number pages "1 of 8," "2 of 8," and so forth.) The program narrative must address the selection criteria in the order given. Submissions that do not adhere to the format will be deemed ineligible.

Other Program Attachments (Attachment #3)

This file may include the following materials:

• Annualized project timeline, as described under Selection Criteria #3, Demonstrated Ability To Complete Project.
  
  
• Letters of support and commitment, where appropriate.

Selection Criteria

1. Descriptive Statement of the Permanent Tribute (25 points)
   This section should include a project abstract and project design/strategy and should not exceed three double-spaced pages. The project abstract should not exceed 200 words, and it should briefly describe the project's purpose, background, and overall design concept. The project design/strategy should detail the specific nature of the tribute, the evolution of its development, the resources employed or planned to make the tribute a reality, and information about the site's location, geography, accessibility, and long-term maintenance. This section must also address the performance measures. Use of pictures, schematics, drawings, and renderings are allowed and may be provided under separate cover directly to the grant review agency. See Additional Information for the mailing address.
   
   
2. Demonstrated Community Involvement and Support (50 points)
   Permanent tributes should reflect the desires and needs of the community at large. Jurisdictions that take the needs of a variety of constituencies into account when planning, locating, designing, and developing a permanent tribute may be more favorably rated. This includes the broader public safety community, families of slain officers, victim groups, community leaders, and the general public. Designating a representative advisory group to oversee the process is not required but is recommended. In addition, applicants with committed dollars from a variety of sources (e.g., public donations, private or other public gifts) may be more favorably rated.
   
   This section should not exceed three double-spaced pages. It should include specific information about the process undertaken to solicit, understand, and accommodate the interests of various constituencies and demonstrate the level of their moral and financial support and participation in the development and completion of the tribute. Letters of support from key constituencies are encouraged and may be provided as an attachment or under separate cover directly to BJA. See Additional Information for the mailing address.
   
   
3. Demonstrated Ability To Complete the Project (20 points)
   This section should not exceed two double-spaced pages. It is the applicant's opportunity to demonstrate an ability to successfully complete all of the required steps and elements necessary to bring the permanent tribute into existence within stated budgetary, resource, and time constraints. This section should provide a timeline that includes progress to date, levels of funds expended or available, resource commitments, and the skills and management oversight necessary to succeed. A final project report will be required at the end of the funding period to demonstrate the applicant's level of success in completing the law enforcement tribute.
   
   
4. Budget Detail and Narrative (5 points)
   An additional five points will be used to rate the applicant's adherence to the program's budgetary requirements and regulations.

Performance Measures

To ensure compliance with the Government Performance and Results Act, Public Law 103-62, grantees are required to collect and report data that measure the program's results. In addition to incorporating this information into their submission's narrative, applicants are required to provide interim data in their semiannual progress reports, as well as submit the results of their project as part of their final progress report. Grantees will be expected to measure the number of officers honored in each tribute. Applicants must specify their expected number of honorees. In some cases, it may be appropriate to identify the number of current officers to whom tribute is being paid, and also to acknowledge the number of additional officers who could be recognized. (For example, "The plaque will honor 25 officers, and it could accommodate an additional 10 names.") Additionally, grantees must report how many months the project took to complete (not to exceed 24 months).

Submission Deadline

All applicants must register for this program by January 5, 2004, even if they have previously applied for or received funding under this program or any OJP program. Within 2 business days, BJA will send an e-mail confirmation to registered applicants stating that their user ID and password have been approved for this program, and that they are eligible to submit an application. Applications for this program are due by 5 p.m. e.t. on January 8, 2004. Faxed or mailed applications or supplemental materials will not be accepted, except as described under How To Apply.

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.

Additional Information

Supplemental Grant Application Materials

For materials, schematics, pictures, and blueprints not suitable for electronic inclusion and transmission with the online application, applicants must send three complete sets to the following address:

Law Enforcement Tribute Act
c/o Bureau of Justice Assistance
Payments and Benefits Division
810 Seventh Street NW.
Washington, DC 20531

BJA recommends sending these supplemental materials via a priority carrier to avoid delays with ongoing mail screening. Materials must be sent or postmarked no later than the application closing date, December 23, 2003.

General

For general information about BJA programs, training, and technical assistance, contact the BJA Clearinghouse at 1-800-851-3420 or visit the BJA home page.

For specific information about this solicitation, contact the BJA Program Manager, Felicia Wintz, at 202-307-1437 or felicia@ojp.usdoj.gov.

The OJP Financial Guide, which contains information on allowable costs, methods of payment, audit requirements, accounting systems, and financial records, is available online. This document governs the administration of funds by all successful applicants and their contractors.