Update Regarding FY 2017 Byrne JAG Grant Awards
BJA has not awarded its FY 2017 Byrne JAG grants due to the issuance of a nationwide injunction by a U.S. District Court on September 15, 2017 (with the exception of two awards made prior to the issuance of the injunction). Since that time, BJA has received a number of questions from other applicants as to whether they may use any FY 2017 JAG funding that they may be awarded to reimburse themselves for obligations or expenditures that they incur or make with their own funds prior to any actual receipt of the FY 2017 JAG award. Consistent with longstanding Department of Justice policy, and as indicated in the two Byrne JAG awards that were made in FY 2017, while the final award of Byrne JAG awards for the FY 2017 program is delayed due to the nationwide injunction, state and local applicants for Byrne JAG grants under the FY 2017 program may obligate and expend their own funds on allowable JAG projects after the start date of October 1, 2016. Once the grants are awarded, FY 2017 Byrne JAG funds received, if any, may be used for reimbursement of those expenditures.
In fact, it is typical for the project start date for Byrne JAG grants to predate that actual award date. To address this situation in connection with the FY 2017 program, BJA has placed specific language in a special condition for use in each FY 2017 Byrne JAG state and local award document.
Grant Condition Number 51 in the FY 2017 Byrne JAG State and Local Award Conditions expressly provides for JAG reimbursements and distinguishes such reimbursements from the concept of supplantation, which is prohibited by the JAG statute (see 34 U.S.C. § 10614(d)(3)):
- "Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2016."
- "The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2016), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.)"
- "Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award."
- "Nothing in this condition shall be understood to authorize the recipient (or any sub recipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities."
For Frequently Asked Questions related to 8 U.S.C. § 1373 please click here: 8 U.S.C. § 1373 FAQs
Attention State and Local JAG grantees: For Training and Technical Assistance (TTA) needs, including strategic planning, please refer to BJA’s T&TA web page or visit BJA’s National Training and Technical Assistance Center.