Byrne Formula Grant Program Guidance, FY 2004

Subgranting Byrne Formula Grant Funds

The statute specifically allows the SAA only 45 days to decline an application made by a local unit of government or a combination of local governments. While this does not mean that an SAA must actually issue an award within that 45 days, it does mean that an application is considered approved if the SAA does not send a denial letter within the 45 days (Sec. 508(a)).

The 45 days begin on the day that the SAA receives all of the information it needs to process an award. As a result, if it is the SAA's practice to send applicants information that describes deficiencies in an application, the 45-day clock does not begin until the SAA receives all of the requested information, clarification, or documents.

In addition, in the unusual situation that the SAA's Byrne grant is delayed for any reason, the 45-day clock would not begin for any applications the SAA has already received until the day the SAA receives its award from BJA (Sec. 508(b)).

Eligible Subgrant Applicants

The SAA may subgrant Byrne Program funds to state governments, local units of government, and Native American Tribes with law enforcement functions that the federal government recognizes (Sec. 501(b)).

Approval of Programs To Be Funded

If during the 4-year life of a strategy or in between updates an SAA wishes to add a new program under which it will award grants, the SAA may complete a Program Request form and send it to the BJA Program Manager for review and approval. The SAA should use the same format used in the strategy (see Selected Programs). When the new program is approved, the BJA Program Manager will forward an e-mail to the SAA within 10 working days of the request (Sec. 506(c)).

Length of Funded Projects

The statute imposes a maximum number of 4 years of funding for most Byrne-funded projects. The only exceptions are multijurisdictional drug task forces, multijurisdictional gang task forces, victims assistance programs, and projects funded under the Criminal Justice Records Improvement Program. While BJA will not routinely ask for documentation of this requirement, the SAA should keep appropriate records on file that demonstrate compliance (Sec. 504(f)).

Fiscal and Administrative Monitoring

Throughout the life of any Byrne-funded grant to a state, both BJA and the Office of the Comptroller may conduct either onsite or desk reviews of the grant. As a result, it is important for SAAs to maintain well-organized records that relate to the grant program.

Governing Directives

While this guidance is intended to provide SAAs with the major requirements of administering the Byrne program, the grants are governed by a variety of federal laws, rules, and guidance. They are:

• 42 U.S.C. 3711 et seq. (Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968)

• OJP Financial Guide

• OMB Circular A-102 "Grants and Cooperative Agreements with State and Local Governments," revised October 7, 1994

• OMB Circular A-21 "Cost Principles for Educational Institutions," revised April 26, 1996 (codified at 28 CFR Part 66, by reference)

• OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments," revised May 4, 1995 (codified at 28 CFR Part 66, by reference)

• OMB Circular A-133 "Audits of States, Local Governments and Nonprofit Institutions," revised June 30, 1997 (codified at CFR Part 66 and Part 70)

The Act authorizes grants under the Byrne Program to enforce state and local laws and to improve the functioning of the justice system, with an emphasis on violent crime and serious offenders. Grants can provide additional personnel, equipment, supplies, training, technical assistance, and information systems in any of the approved Byrne Purpose Areas.

Confidential Subgrants

In some rare cases, it may be necessary to award a subgrant for a specific undercover law enforcement operation. In such cases and if it is needed, the SAA may award such a grant and only report to BJA that a confidential award has been made and the amount of that award. Later, when confidentiality is no longer an issue, the SAA must update its information with BJA by reporting all required information for a subgrant.

Funding Rules and Unallowable Expenses

The SAA staff responsible for the Byrne Program must read and have a working knowledge of the OJP Financial Guide, including the portions on Allowable Costs and Unallowable Costs.

Listed below are some of the other rules of interest:

• Formula grant funds may be used for confidential purchases of evidence and information, such as the purchase of services, physical evidence, and information related to undercover operations. BJA delegates the authority to approve such expenses to the SAA. More information is available in the Financial Guide's Confidential Funds chapter.

• If expendable or nonexpendable equipment or personal property is purchased under a Byrne subgrant, then the permanent title to such property shall vest with the subgrantee agency if it provides a certification to the SAA that the equipment or property will continue to be used for criminal justice purposes. If the subgrantee agency does not make this certification, then the title will vest with the SAA, which will first attempt to find other criminal justice uses for the equipment or property before using it or disposing of it (Sec. 808).

• Byrne formula funds cannot be used for land acquisition or construction, except for the construction of penal or correctional institutions, including prisons, jails, juvenile detention and correctional facilities, and community corrections facilities (Sec. 505(c)).

• Byrne formula funds can be used to participate in federal task forces; however, they cannot be used to defray costs of federal personnel (Sec. 504(c)).

Conditions on Subgrant Awards

BJA requires that SAAs pass down certain requirements to all subgrantees. Although the format can be altered to fit each SAA's needs, the requirements are provided below:

• Certified Assurances.

• Lobbying Certification.

• Debarment Form.

Samples of these forms can be found on the OJP web site.

Reporting Requirements. An SAA should also place special conditions on subgrants that require it to report the information required under the evaluation requirement of the Byrne Program.

Audit Requirements. Among the special conditions that the SAA must apply to its subgrantees is the requirement to conduct regular audits. This requirement is found in OMB Circular A-133.

Other Special Conditions. The SAA also is free to place any other special condition on a subgrant that it deems appropriate and is allowable under the program.