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- Legal Overview - FY2018 Awards
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This webpage is intended to identify some significant additional conditions that OJP may include in FY 2018 awards, in order to address certain matters related to financial management. These additional conditions are used as appropriate to supplement the "General Conditions" to be included on OJP awards made in FY 2018.
- Federal Funding Accountability and Transparency Act of 2006 (FFATA) requirements - Reporting of subawards and executive compensation
- Non-supplanting of State and local funds
- Awards in excess of $5,000,000 - Certification related to federal taxes
Federal Funding Accountability and Transparency Act of 2006 (FFATA) requirements - Reporting of subawards and executive compensation
The Federal Funding Accountability and Transparency Act of 2006 (FFATA) led to the establishment of a single searchable website (USASpending.gov) that is accessible by the public and includes quite-detailed information on each federal award. Information on OJP awards, as well as certain information on subawards made under OJP awards, is posted there.
OJP provides certain information on its awards to USASpending.gov. In addition, virtually all OJP awards include the condition set out below, which requires recipients to report certain information using the FFATA Subaward Reporting System (FSRS), currently accessible at https://www.fsrs.gov/.
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds.
The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
Certain OJP programs, and the awards made under those programs, are authorized by statutes that (among other things) prohibit supplanting. When supplanting is prohibited by statute, precisely what constitutes supplanting can vary from program to program. Generally speaking, however, supplanting arises when a State or unit of local government reduces State or local funds for an activity specifically because federal funds are available (or are expected to be available) to fund that same activity. When supplanting is prohibited, federal funds must be used to supplement existing State or local funds for program activities, and may not replace (that is, may not "supplant") State or local funds that have been appropriated or allocated for the same purpose. Additionally, federal funding may not replace State or local funding that is required by law.
When supplanting is prohibited, potential supplanting will be the subject of OJP monitoring and audit. Should a question of supplanting arise, the applicant or recipient will be required to substantiate that any reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds.
A prospective recipient of an OJP award in excess of $5,000,000 may be required to submit a particular certification concerning filing of federal tax returns, criminal convictions under the Internal Revenue Code, and unpaid federal tax assessments. In such cases, no award funds may be used until OJP receives a satisfactory certification.