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U.S. DEPARTMENT OF JUSTICE
<br />OFFICE OF JUSTICE PROGRAMS
<br />State or Local Government: FY 2017 Certification of Compliance with 8 U.S.C. § 1373
<br />On behalf of the applicant government entity named below, and in support of its application, I certify under penalty of perjury to
<br />the Office of Justice Programs ( "OJP "), U.S. Department of Justice ("USDOJ"), that all of the following are true and correct:
<br />(1) 1 am the chief legal officer of the State or local government of which the applicant entity named below is a part ( "the
<br />jurisdiction "), and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity (that
<br />is, the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material
<br />representation in any decision to make an award to the applicant entity.
<br />(2) 1 have carefully reviewed 8 U.S.C. § 1373(a) and (b), including the prohibitions on certain actions by State and local
<br />government entities, - agencies, and - officials regarding information on citizenship and immigration status. I also have
<br />reviewed the provisions set out at (or referenced in) 8 U.S.C. § 1551 note ( "Abolition ... and Transfer of Functions "),
<br />pursuant to which references to the "Immigration and Naturalization Service" in 8 U.S.C. § 1373 are to be read, as a
<br />legal matter, as references to particular components of the U.S. Department of Homeland Security.
<br />(3) 1 (and also the applicant entity) understand that the U.S. Department of Justice will require States and local
<br />governments (and agencies or other entities thereof) to comply with 8 U.S.C. § 1373, with respect to any "program or
<br />activity" funded in whole or in part with the federal financial assistance provided through the FY 2017 OJP program
<br />under which this certification is being submitted ( "the FY 2017 OJP Program" identified below), specifically including
<br />any such "program or activity" of a governmental entity or - agency that is a subrecipient (at any tier) of funds under the
<br />FY 2017 OJP Program.
<br />(4) 1 (and also the applicant entity) understand that, for purposes of this certification, "program or activity" means what it
<br />means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. § 2000d -4a), and that terms used in this certification
<br />that are defined in 8 U.S.C. § 1101 mean what they mean under that section 1101, except that the term "State" also
<br />shall include American Samoa (cf. 42 U.S.C. § 901(a)(2)). Also, I understand that, for purposes of this certification,
<br />neither a "public" institution of higher education (i.e., one that is owned, controlled, or directly funded by a State or local
<br />government) nor an Indian tribe is considered a State or local government entity or - agency.
<br />(5) 1 have conducted (or caused to be conducted for me) a diligent inquiry and review concerning both —
<br />(a) the "program or activity" to be funded (in whole or in part) with the federal financial assistance sought
<br />by the applicant entity under this FY 2017 OJP Program; and
<br />(b) any prohibitions or restrictions potentially applicable to the "program or activity" sought to be funded
<br />under the FY 2017 OJP Program that deal with sending to, requesting or receiving from, maintaining,
<br />or exchanging information of the types described in 8 U.S.C. § 1373(a) or (b), whether imposed by a
<br />State or local government entity, - agency, or - official.
<br />(6) As of the date of this certification, neither the jurisdiction nor any entity, agency, or official of the
<br />jurisdiction has in effect, purports to have in effect, or is subject to or bound by, any prohibition or any
<br />restriction that would apply to the "program or activity" to be funded in whole or in part under the FY 2017 OJP
<br />Program (which, for the specific purpose of this paragraph 6, shall not be understood to include any such
<br />"program or activity" of any subrecipient at any tier), and that deals with either— (1) a government entity
<br />or - official sending or receiving information regarding citizenship or immigration status as described in 8
<br />U.S.C. § 1373(a); or (2) a government entity or - agency sending to, requesting or receiving from, maintaining,
<br />or exchanging information of the types (and with respect to the entities) described in 8 U.S.C. § 1373(b).
<br />I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this
<br />certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001
<br />and /or 1621, and /or 42 U.S.C. § 3795a), and also may subject me and the applicant entity to civil penalties and administrative
<br />remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729 -3730 and §§ 3801 - 3812). 1 also acknowledge that
<br />OJP awards, including certifications provided in connection with such awards, are subject to review by USDOJ, including by
<br />OJP and by the USDOJ Office of the Inspector General.
<br />Signature of Chief Legal Officer of the Jurisdiction
<br />Printed Name of Chief Legal Officer
<br />Date of Certification Title of Chief Legal Officer of the Jurisdiction
<br />Name of Applicant Government Entity (i.e., the applicant to the FY 2017 OJP Program identified below)
<br />FY 2017 OJP Program: Byrne Justice Assistance Grant ( "JAG') Program
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