E. Additional Requirements
All applicants must agree to comply with the following federal requirements:
- Environmental Tobacco Smoke: This is a requirement for any Grantee that provides services to children under the age of 18. Public Law 103227, Part C Environmental Tobacco Smoke, also known as the Pro Children Act of 1964, requires that smoking not be permitted in any portion of any indoor routinely owned or leased or contracted for or by an entity and used routinely or regularly for provisions of health, day care, education, or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local government, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children’s services provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1000 per day and/or the imposition of an administrative compliance order on the responsible entity. The applicant/grantee further agrees that it will require the language of this certification be included in any sub-awards which contain provisions for the children’s services and that all subgrantees shall certify accordingly.
- Immigration and Naturalization Service Form: Grantee agrees to complete and keep on file, as appropriate, Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States.
- Mandatory Reporting of Abuse: The Grantee agrees to comply with Tennessee Code Annotated (TCA), 37-1-403 and 37-1-605 by reporting suspected cases of child abuse to the Department of Children’s Services and with Tennessee Code Annotated 71-6-103 by reporting cases of adult abuse to the Department of Human Services as required by law.
- National Environmental Policy Act: The grantee agrees to assist BJA comply with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. Grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are:
- New Construction
- Minor renovation or remodeling of a property either listed on or eligible for listing on the National Register of Historic Places located within a 100 year flood plain
- A renovation, lease or any other proposed use of a building or facility that will either result in a change to its basic prior use or significantly change its size
- Implementation of a new program involving the use of chemicals other than chemicals that are: purchased as an incidental component of a funded activity and traditionally used, for example, in office, household, recreational, or educational environments
- For any of the grantee's programs or activities that will be funded by these grant funds, the Grantee upon specific request from the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. The Grantee agrees to contact the Office of Criminal Justice Programs for additional implementation guidance before deciding on any renovation work for which the Grantee is unsure of the application of this condition.
- National Historical Preservation Act Compliance: The Grantee shall adhere to the National Historical Preservation Act Compliance, Section 106 of the National Historic Preservation Act (16 U.S.C. Section 470, et seq., as amended) which states that prior to use of any grant funds to renovate, alter, or otherwise improve the exterior or interior of a building, applicants for federal funds must establish identification, record keeping, reporting, consultation and decision-making processes within their programs or procedures for administering grant funds. The Grantee agrees to contact the Office of Criminal Justice Programs for additional implementation guidance before deciding on any renovation work for which the Grantee is unsure of the application of this condition.
- Human Subject Testing: The Grantee shall adhere to the federal policy on protection of human subjects of research, the “Common Rule.” The Common Rule is set forth in 28 CFR Part 46, Protection of Human Subjects, which requires that research involving human subjects be submitted to an independent review board for approval and that informed consent procedures be followed. Federal funds may not be expended for research involving human subjects unless the requirements of this policy have been satisfied, if the research is not covered by an exemption set forth in 28 CFR Section 46.101(b)(1).
- Counter-terrorism Efforts: The Grantee agrees when funds are spent on counter-terrorism or first-responder efforts, the Grantee shall notify the State of Tennessee’s Department of Homeland Security to ensure coordination of such efforts.
- Prohibition on Providing Funds to the Enemy: The Grantee understands and agrees that it must exercise due diligence to ensure that none of the funds, including supplies and services, received under this a grant or cooperative agreement are provided directly or indirectly (including through subawards or contracts) to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed forces are actively engaged in hostilities, which must be completed through 2 C.F.R. 180.300 prior to issuing a subaward or contract andTerminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015, unless the Department of State provides written approval to continue the subaward or contract. The State has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the State becomes aware that the Grantee failed to exercise due diligence or if the State becomes aware that any funds received under a grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. In addition to any other existing examination-of-records authority, the State is authorized to examine any records of the Grantee and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before December 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations.
- Public Accountability: If the Grantee is subject to Tennessee Code Annotated, Title 8, Chapter 4, Part 4, or if the Grant contract involves the provision of services to citizens by the Grantee on behalf of the State, the Grantee agrees to establish a system through which recipients of services may present grievances about the operation of the service program, and the Grantee shall display in a prominent place, located near the passageway through which the public enters in order to receive Grant supported services, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating:
NOTICE: THIS AGENCY IS A RECIPIENT OF TAXPAYER FUNDING. IF YOU OBSERVE AN AGENCY DIRECTOR OR EMPLOYEE ENGAGING IN ANY ACTIVITY WHICH YOU CONSIDER TO BE ILLEGAL, IMPROPER, OR WASTEFUL, PLEASE CALL THE STATE COMPTROLLER’S TOLL-FREE HOTLINE: 1-800-232-5454
- Partnerships with Faith-Based and Other Neighborhood Organizations: The Grantee and their subcontractors agree to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulations "Partnerships with Faith-Based and Other Neighborhood Organizations” (previously “Equal Treatment for Faith-Based Organizations”). The Regulation provides in part that federal funding may not be used to fund any inherently (or explicitly) religious activities, such as worship, religious instruction or proselytizing. Grantees and their subcontractors may still engage in inherently (or explicitly) religious activities but such activities must be separate in time or place from the federally funded program and participation in such activities by individuals receiving services from the Grantee or their subcontractors must be voluntary. The Regulation also makes it clear that Grantees and their subcontractors are not permitted to discriminate in the provision of grant funded services on the basis of a participant's religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Faith Based Organizations may, in some circumstances, consider religion as a basis for employment and Grantees should contact their OCJP program manager for additional information if their organization or their subcontractors have such policies.
- VAWA Statutory Eligibility Regulations for States and Grantees: In order to qualify for funds provided under the Violence Against Women Act, Tennessee has certified that practices across the State are in compliance with following regulations:
- Forensic Medical Examination Payment Requirement for Victims of Sexual Assault
- The State incurs the full out-of-pocket costs of forensic medical exams for victims of sexual assault.
- Exams to victims are provided free of charge to the victims;
- Arranges for victims to obtain such exams free of charge to the victims; and
- Subrecipients provide information at the time of the forensic medical exam to all victims, including victims with limited or no English proficiency, regarding how to obtain reimbursement; and
- Subrecipients cannot require a victim of sexual assault to participate in the criminal justice system or cooperate with law enforcement in order to be provided with a forensic medical exam, or to be reimbursed for charges incurred on account of such an exam.
- Filing Costs for Criminal Charges
- A subrecipient will not be entitled to funds unless it certifies that its laws, policies and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, or in connection with the filing, issuance, registration, or service of a protection order or a petition for a protection order, to protect a victim of domestic violence, stalking, or sexual assault, that the victim bear the costs associated with the filing of criminal charges against the offender, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for protection order, or witness subpoena, whether issued inside or outside the state or local jurisdiction.
- Gun Control Laws Related to Domestic Violence
- Certifies that its judicial administrative policies and practices include notification to domestic violence offenders of the requirements delineated in section 922(g)(8) and (g)(9) of title 18, United States Code, and any applicable related Federal, State or local laws.
- Polygraph Examination for Victims of Alleged Sexual Offenses
- Certifies that its laws, policies, and practices will ensure that no law enforcement officer, prosecuting officer or other government official shall ask or require an adult, youth, or child victim of an alleged sex offense as defined under Federal, tribal, State, territorial, or local law to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of such an offense; and
- The refusal of a victim to submit to a polygraph or other truth telling examination shall not prevent the investigation, charging, or prosecution of an alleged sex offense by a state or local unit of government.
If a Grantee becomes aware that one or more of these regulations is not being followed, the Grantee must immediately report this to their OCJP Program Manager.
- Federal Debt (OMB Circular A-129): OCJP holds subrecipients accountable for any overpayment, audit disallowance, or any other breach of award that results in a debt owed to F&A/OCJP involving Federal Grant money. The Federal Debt Collection Act of 1996 states that if, after written notification, grantee payments continue to be delinquent, the debt will be referred to a collection agency for further action. The State shall apply interest, penalties, and administrative costs to a delinquent debt owed by a debtor pursuant to State requirements and the Federal Claims Collection Standards and OMB Circular A-129.
- Drug-Free Workplace: The government-wide common rule for debarment and suspension and drug-free workplace, 28 CFR Part 67 provides guidance on requirements that subrecipients shall meet in order to receive Federal funds or, in the case of a recipient who is an individual, certify to the agency that his or her conduct of award activity will be drug-free. If a subrecipient makes a false certification, the subrecipient is subject to suspension, termination, and debarment.
Sub Part F of 28 CFR part 67 implements the statutory requirements of the Drug-Free Workplace Act of 1989. All subrecipients receiving awards from any federal agencies shall certify to that agency that they will maintain a drug-free work place.
- OCJP shall submit a drug-free workplace certification to the Bureau of Justice Assistance and shall be responsible for obtaining a drug-free workplace certification from each State agency that is sub-awarded funds. Subrecipients who are not State agencies are not required to submit a drug-free workplace certification.
- There are two different certifications: one for individuals and one for organizations. The individual subrecipient certifies that he or she will not engage in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in conducting any activity with the award. The organizational subrecipient certifies that it will provide a drug-free workplace by:
To summarize, the drug-free workplace common rule requires that ONLY direct recipients of Federal awards certify they will comply with the drug-free workplace common rule. There is no dollar threshold for certification.
- Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the recipient's workplace and specifically the actions that will be taken against employees for violation of such prohibition.
- Establishing a drug-free awareness program to inform employees about:
- The dangers of drug abuse in the workplace;
- The subrecipient policy of maintaining a drug-free workplace
- Any available drug counseling, rehabilitation, and employee assistance programs; and
- The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace
- Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the employer's statement about drugs in the workplace.
- Notifying the employee that, as a condition of employment under the award, the employee will:
- Abide by the terms of the statement; and
- Notify the employer of any criminal statute conviction for a violation occurring in the workplace not later than five(5) business days after such a conviction.
- Notifying OCJP within ten (10) days after receiving notice from an employee or otherwise receiving actual notice of such conviction.
- Taking one of the following actions, within 30 days of receiving notice, with respect to any employee who is so convicted:
- Taking appropriate personnel action against such an employee, up to and including termination; or
- Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such proposes by a Federal, State, or local health, law enforcement, or other appropriate agency.
- Making a good faith effort to continue to maintain a drug-free workplace.
- Computer Networks: The subrecipient understands and agrees that: (a) No award funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography, and (b) Nothing in subsection (c) limits the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.
- Religious Discrimination: The subrecipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.
- Multiple Awards: The subrecipient agrees that if it currently has a contract with OCJP and receives additional federal funding, outside OCJP, and those funds are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under the OCJP contract, the subrecipient will promptly notify the OCJP program manager in writing.
- Federal Anti-Trafficking Laws: (Added 11/1/2016)The subrecipient must agree to comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients (“subgrantees”), or individuals defined (for purposes of this condition) as “employees” of the recipient or of any subrecipient. The details of the subrecipients’ obligations are outlined below:
The Trafficking Victims Protection Act (TVPA) of 2000 (https://www.gpo.gov/fdsys/pkg/BILLS-106hr3244enr/pdf/BILLS-106hr3244enr.pdf is the first comprehensive federal law to address trafficking in persons. The law provides a three-pronged approach that includes prevention, protection, and prosecution. The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, 2005, 2008, and 2013.
Under U.S. federal law, “severe forms of trafficking in persons” includes both sex trafficking and labor trafficking:
Sex trafficking is the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purposes of a commercial sex act, in which the commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age (22 USC § 7102).
Labor trafficking is the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery, (22 USC § 7102).
Specific Requirements are here and below - http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm
This Page Last Updated: January 5, 2023 at 10:16 AM