RECOVERY ACT EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM / GRANTS TO UNITS OF LOCAL

The Recovery Act - JAG programs allow states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system.

The Recovery Act - JAG program will solicit applications from eligible States, territories, tribes, and units of local

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government for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, as well as research and evaluation activities that will improve or enhance law enforcement programs related to criminal justice such as: prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment and enforcement programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs (other than compensation).



In addition to fulfilling JAG program-specific purposes, projects funded under the Recovery Act should be designed to further one or more of the general purposes of the Recovery Act, which are to preserve and create jobs and promote economic recovery; to assist those most impacted by the recession; to provide investments needed to increase economic efficiency by spurring technological advances in science and health; to invest in transportation, environmental protection, or other infrastructure that will provide long-term economic benefits; and to stabilize State and local government budgets, in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases.

For additional information on Office of Justice Programs Recovery Act Grant Programs, please visit the OJP website at .

Agency - Department of Justice

The Department of Justice enforces the law and defends the interest of the United States, ensuring public safety against threats foreign and domestic; providing Federal leadership in preventing and controlling crime; seeking just punishment for those guilty of unlawful pursuits; and ensuring fair and impartial administration of justice for all Americans.

Office - See Regional Agency Offices.

Regional or Local Office: Contact the State Administering Agency http://www.ojp.usdoj.gov/saa/.



Program Accomplishments

Fiscal Year 2008: See program web site http://www.ojp.usdoj.gov/BJA/index.html or contact the State Administering Agency http://www.ojp.usdoj.gov/saa/. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available

Uses and Use Restrictions

Law enforcement programs related to criminal justice such as: prosecution and court programs; prevention and education programs; corrections and community corrections programs; drug treatment programs; planning, evaluation, and technology improvement programs; and crime victim and witness programs.

Funds may not be used to supplant State and local funds.

Additionally, not more than 10 percent of a grant made under this program may be used for costs incurred to administer such grant.

JAG funds cannot be used directly or indirectly for security enhancements or equipment for nongovernmental entities not engaged in criminal justice or public safety.

JAG funds also cannot be used directly or indirectly to provide for any of the following matters unless the Attorney General certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order:

• Vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters).
• Luxury items.
• Real estate.
• Construction projects (other than penal or correctional institutions).


• Any similar matters.

To the extent (if any) that this Recovery Act program permits recipients to use funds for construction, renovation, or related projects, the recipient should be aware that special restrictions may be applicable under particular sections of the Recovery Act.

For example, see section 1605 of the Recovery Act (Buy American), section 1606 (wage rate requirements), section 1602 (preference for quick-start activities), and section 1554 (special contracting rules).

Recipients should also be aware of the requirements of the National Environmental Policy Act.



Under the Recovery Act, funds may not be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool.

Additional government-wide guidance that applies to Recovery Act programs may become available that could affect proposal narratives, time lines, budget requests, certifications and other matters, including appropriate uses of funds and restrictions on uses of funds.

Interested applicants are encouraged to regularly check the OJP website for further information and updates.

All recipients of any funding under the Recovery Act will be required to follow any and all applicable provisions of government-wide guidance that may be issued pursuant to the Recovery Act, even if that guidance is not reflected in this CFDA posting.

Eligibility Requirements

Applicant Eligibility

State (includes District of Columbia, public institutions of higher education and hospitals): Law, Justice, and Legal Services.

U.S.

Territories and possessions (includes institutions of higher education and hospitals): Law, Justice, and Legal Services

Beneficiary Eligibility

Local

Credentials/Documentation

Each applicant must submit a completed application that meets the requirements specified in law, the program solicitation, and the program guidance. Costs will be determined in accordance with 2 C.F.R., Part 225 for State and local governments. This program is excluded from coverage under OMB Circular No. A-87.

Aplication and Award Process

Preapplication Coordination

This program is eligible for coverage under E.O.

12372 "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in their State for more information on the process the State requires to be followed in applying for assistance.

The standard application forms (SF-424) as furnished by the Federal agency in accordance with 28 C.F.R., Part 66, must be used with this program.

Environmental impact information is not required for this program.

This program is eligible for coverage under E.O.

12372, "Intergovernmental Review of Federal Programs." An applicant should consult the office or official designated as the single point of contact in his or her State for more information on the process the State requires to be followed in applying for assistance, if the State has selected the program for review.

Application Procedures

This program is excluded from coverage under OMB Circular No. A-102. This program is excluded from coverage under OMB Circular No. A-110. Applications are submitted on-line through the Office of Justice Programs Grant Management System at: https://grants.ojp.usdoj.gov/ and must follow the criteria outlined in the solicitation as well as the JAG Program Guidance Manual.

Award Procedures

An award is granted by the Director of the Bureau of Justice Assistance, and must be accepted by the applicant agency according to the special conditions of the grant.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

The American Recovery and Reinvestment Act of 2009, Public Law 111-5, (the "Recovery Act"); Subpart 1 of Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750-3758).

Range of Approval/Disapproval Time

The Bureau of Justice Assistance will not disapprove any application (or amendment to that application) without affording the applicant reasonable notice of any deficiencies and providing an opportunity for correction and reconsideration.

Appeals

Hearing and appeal procedures will follow 28 C.F.R., Part 18.

Renewals

No renewals are available with Recovery Act funding.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. The funding for states is allocated based on the number of violent crimes reported by the state from 2005 through 2007 to the FBI s UCR, and the population as provided by the U.S. Census Bureau for 2008.

For purposes of Recovery Act Byrne/JAG, by statute, the initial allocation to each state and Puerto Rico (excluding the remaining territories) is divided between the state and the local jurisdictions at a rate of 60 and 40 percent, respectively.

For the local jurisdictions, the allocation process begins by determining which of the local jurisdictions are eligible to receive an award. To be eligible, a jurisdiction must provide to the FBI s UCR--a count of the number of violent crimes reported each year for a minimum of three years in the last ten years. By statute, jurisdictions that have not reported any data for at least three years in the last ten years for which UCR data is available, do not receive an award.

For each eligible jurisdiction, BJS computes the average number of violent crimes committed for the three most recent years in which they reported data. Next, BJS uses the sum of these averages to determine the jurisdiction s share of the local award they may receive. Finally, BJS examines the initial amount of the award, and jurisdictions that were allocated an initial award that is greater than or equal to $10,000 receive a direct award from BJA for their own use. If the initial allocation is less than $10,000, the statute provides that the allocation is given to the state, rather than to the local jurisdiction.

There is no match required at the Federal level. However matching is an effective strategy for states and local units of government to expand justice funds and build buy-in for local criminal justice initiatives. This program does not have MOE requirements.

Length and Time Phasing of Assistance

The period of formula grant awards under this program is 4 years. See the following for information on how assistance is awarded/released: No information provided.

Post Assistance Requirements

Reports

Pursuant to the Recovery Act, certain financial and programmatic progress reports (including complete performance measure data ) are required to be submitted by each recipient of funds to OJP within 10 calendar days of the end of each calendar quarter, throughout the life of the grant.

Reports should be submitted beginning July 10, 2009.

No cash reports are required.

Financial and Progress reports are required in accordance with the Office of Justice Programs Financial Guide.

No expenditure reports are required.

Performance Measures: To fulfill the requirements of the Recovery Act and assist in fulfilling the Department s responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, applicants who receive funding under this solicitation must provide data that measures the results of their work.

Audits

In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. Payments and transactions are subject to audits by the Government Accountability Office, Department of Justice"s Office of the Inspector General, State or local government auditors, and auditors from independent public accounting firms. Jurisdictions must

Records

: In accordance with the requirements set forth in 28 C.F.R., Parts 66 and 70, grantees must maintain all financial reports and other supporting documents pertinent to the award for at least 3 years following the close of the most recent audit.

Financial Information

Account Identification

15-0910-1-1-754 - Treasury Symbol: 1509100402.

Obigations

(Formula Grants) FY 08 $0; FY 09 est $800,000,000; FY 10 est $0

Range and Average of Financial Assistance

$10,000 to $29 million.

Regulations, Guidelines, and Literature

Office of Justice Programs Financial Guide, the Bureau of Justice Assistance Justice Assistance Grant Program Guidance Manual; applicable OMB Circulars, and Department of Justice regulations applicable to specific types of grantees, which can be found in title 28 of the Code of Federal Regulations (28 C.F.R.).

Additional government-wide guidance pertinent to Recovery Act programs is available on Recovery.gov.

Information Contacts

Regional or Local Office

See Regional Agency Offices. Regional or Local Office: Contact the State Administering Agency http://www.ojp.usdoj.gov/saa/.

Headquarters Office

Eileen Garry Office of Justice Programs, Bureau of Justice Assistance, 4th Floor, State Policy Office, 810 Seventh Street NW, Washington 20531 Email: AskBJA@usdoj.gov Phone: 202-616-6500 or 1-866-859-2687

Criteria for Selecting Proposals

CRITERIA FOR SELECTING PROPOSALS:
Applications are reviewed to determine compliance with applicable legal and guideline requirements. Additionally, to the extent that a formula grant recipient makes discretionary sub-awards, in addition to its own requirements, and those requirements identified in the program solicitation, the recipient should consider including factors related to the purposes of the Recovery Act as a part of the selection process for sub-awardees. Such factors might include-

1) Project objectives that are linked to meaningful and measurable outcomes consistent with the goals of the Recovery Act, and the likelihood of achieving such outcomes, such as job creation and preservation.

2) Activities that can be started and completed expeditiously, and in a manner that maximizes job creation and economic benefit.

3) Sound financial systems and procedures that can track and report funds separately and in a clear, accurate, and timely manner.



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