November 2020
This webpage is intended to identify some significant additional conditions that OJP may include in FY 2021 awards, in order to address various matters related to research, protection of human subjects, and confidentiality. These additional conditions are used as appropriate to supplement the "General Conditions" included on virtually all OJP awards made in FY 2021.
Research and the protection of human subjects
DOJ regulations (28 C.F.R. Part 46, "Protection of Human Subjects") protect the human subjects of federally-funded research. In brief, the regulations require that, unless an exemption applies, OJP-funded research projects that involve human subjects must be reviewed and approved by an Institutional Review Board (IRB). Before a recipient will be permitted to use OJP funds for any research activity involving human subjects, the recipient must submit to OJP documentation of IRB approval that is sufficient to demonstrate compliance with the requirements of 28 C.F.R. Part 46.
OJP has developed a decision tree to assist OJP applicants and recipients in determining whether an activity planned to be undertaken with OJP funds constitutes research involving human subjects.
Data privacy and confidentiality requirements
DOJ regulations (28 C.F.R. Part 22, "Confidentiality of Identifiable Research and Statistical Information") require recipients, and any subrecipients under an OJP award, to protect the privacy of individuals by requiring that information identifiable to a private person obtained during an OJP-funded research or statistical program may only be used for the purpose for which the information was obtained.
Applicants that propose to conduct a research or a statistical project that will collect personally identifiable information must submit an acceptable "Privacy Certificate" as part of the application. The Privacy Certificate must include a complete description of the policies and procedures that the applicant will use to ensure the confidentiality of identifiable data. The eight elements required for a Privacy Certificate are outlined at 22 C.F.R. 22.23.
An application that lacks an acceptable Privacy Certificate may result in restrictions that preclude use of award funds until an acceptable certificate is submitted.
A model Privacy Certificate can be found here: Standard Forms and Instructions.
Return to "Overview of Legal Requirements Generally Applicable to OJP Awards - FY 2021"