New Requirements for Community Oriented Policing Grant Applications

The U.S. Government is now requiring an affidavit for Community Oriented Policing Grant Applications. If your community is applying for a federal community oriented policing grant, make sure that the affidavit is included, even if the form has not caught up with the requirement. The affidavit can be found below:


On behalf of the applicant entity named below, I certify under penalty of perjury to the Office of Community Oriented Policing Services, U.S. Department of Justice, that all of the following is true and correct:

(1) I am chief legal officer for the applicant entity named below and have the authority to make this certification on behalf of the applicant entity (that is, the entity applying directly to the Office of Community Oriented Policing Services). For purposes of this certification, the applicant entity’s “chief legal officer” is that of the applicant’s State or local governing body (e.g., State, City, County) or of the non-State or local government entity that is applying for funds and will make subawards to a State or local government entity.

(2) I have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local government entities and officials regarding information on citizenship and immigration status. I have reviewed the provisions set out at 8 U.S.C. § 1551 note, pursuant to which references to the Immigration and Naturalization Service in 8 U.S.C. § 1373 are to be read, as a legal matter, as references to particular components of the U.S. Department of Homeland Security.

(3) I understand that the U.S. Department of Justice will require States and units of local government to comply with 8 U.S.C. § 1373 with respect to any “program or activity” funded in whole or in part with the federal financial assistance provided under the FY 2017 Office of Community Oriented Policing Services programs, including any such program or activity of a governmental entity that is a subrecipient (at any tier) of funds under an FY 2017 program.

(4) I understand that, for purposes of this certification, “program or activity” means what it means under section 606 of title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d-4a).

(5) I have conducted (or caused to be conducted on my behalf) a diligent inquiry and review concerning both—

(a) the “program or activity” to be funded (in whole or in part) with the federal financial assistance sought by the applicant entity under the FY 2017 program, and

(b) any prohibitions or restrictions potentially applicable to the program or activity funded under the FY 2017 program that deal with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C. § 1373(a) or (b), whether imposed by a State or local government entity or official.

(6) As of the date of this certification, no State or local government entity or official has in effect (or purports to have in effect) any prohibition or restriction that is applicable to the program or activity to be funded in whole or in part under the FY 2017 program and that deals with sending to, requesting or receiving from, maintaining, or exchanging information of the types described in 8 U.S.C. § 1373(a) or (b).

I acknowledge that a false statement in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 42 U.S.C. § 3795), of administrative action, and/or of civil action in court. I also acknowledge that Office of Community Oriented Policing Services awards, including certifications provided in connection with such awards, are subject to review by the Office of Community Oriented Policing Services and/or by the Department of Justice’s Office of the Inspector General.

 

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