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Reporting Requirements and Certain Other Requirements

December 2020

This webpage is intended to identify common conditions concerning reporting requirements, as well as some significant additional conditions that OJP may include in FY 2021 awards, in order to address various matters that are not readily categorized. These additional conditions are used as appropriate to supplement the "General Conditions" included on virtually all OJP awards made in FY 2021.

Progress reports (quarterly, semi-annual, and final)

Recipients of OJP awards are required to submit progress reports throughout the period of performance.  In most cases, award conditions require recipients to submit quarterly or semiannual progress reports no later than 30 days after the end of the reporting periods during the life of the award.  OJP recipients submit progress reports through JustGrants.  Recipients may address questions to JustGrants Support at 1- 833-872-5175.

In most cases, award conditions also require recipients to submit a final report no later than 90 days after the end of the period of performance for the award. This final report is to document all relevant project activities during the entire period of the award.


Financial status reports

Each recipient must submit financial status reports to OJP in JustGrants using the web-based Federal Financial Report that is modeled after the structure of the SF-425 "Federal Financial Report" form.  In most cases, award conditions require recipients to submit these reports on a quarterly basis during the period of performance, no later than 30 days after the end of each calendar quarter.  In addition, recipients must submit a final financial status report no later than 90 days after the end of the period of performance.


Conference cost reporting under cooperative agreements

Cooperative agreements typically will require compliance with additional reporting requirements regarding conferences, meetings, retreats, seminars, symposia, training activities, or similar events funded under this award.


Compliance with the National Environmental Policy Act and related federal laws

All OJP awards are subject to the National Environmental Policy Act (NEPA), and to other related federal laws, if applicable. 42 U.S.C. 4321 et seq. DOJ's procedures to implement NEPA are set out at 28 C.F.R. Part 61. The regulations state that "all federal agencies are required to give appropriate consideration to the environmental effects of their proposed actions in their decision-making and to prepare detailed environmental statements on … major federal actions significantly affecting the quality of the human environment." 28 C.F.R. 61.1. Under the regulations, DOJ, among other things, is required to "[c]onsider from the earliest possible point in the process all relevant environmental documents in evaluating proposals for Department action[.]" 28 C.F.R. 61.6.

OJP is responsible for compliance with NEPA and 28 C.F.R. Part 61, including Appendix D. For many projects that are funded by OJP, NEPA may require no action on the part of the OJP award recipient. However, if OJP funds will be used, for example, to pay for renovation projects or new construction, programs involving the use of chemicals, or any other activity (including research and technology development) that may have an effect on the environment, at a minimum, the recipient must provide a full description of proposed project activities to OJP. In such cases, OJP will determine whether an Environmental Assessment must be prepared for the project. Prior to allowing a recipient to use OJP funds for such a project, OJP must make a finding that the project does not significantly affect the human environment and that further environmental assessment is not necessary.


Rights in intellectual property

By regulation and by award condition(s), DOJ reserves certain rights with respect to data, patentable inventions, works subject to copyright, and other intellectual property associated with an award of federal funds. See, e.g., the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.315.

Generally speaking, a recipient (or subrecipient, as appropriate) may copyright any work that is subject to copyright and that was developed, or for which ownership was acquired, under a federal grant or cooperative agreement. DOJ reserves a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work (in whole or in part, including in connection with derivative works) for federal purposes, and to authorize others to do so. DOJ reserves the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. ("Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14.)

With respect to patents and inventions, recipients (and subrecipients, as appropriate) are subject to the clauses governing patents and inventions set out in the regulations at 37 C.F.R. Part 401, appropriately modified by OJP for OJP grants and cooperative agreements.


DOJ Information Technology Standards (if applicable)

Awards under certain OJP solicitations may include conditions that require all equipment and software developed under the award to comply with DOJ information technology standards, such as the Global Standards Package and the Prescription Monitoring Information Exchange (PMIX) Architecture. Certain other standards that may be pertinent to particular awards can be found at the Justice Standards Clearinghouse.


Reporting of information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS

OJP grants and cooperative agreements that exceed $500,000 typically will include a condition that requires the recipient -- if the total value of its currently active grants, cooperative agreements, and procurement contracts from all federal agencies exceeds $10 million, as set out in the condition -- to report particular information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either its OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Reports are submitted to the federal designated integrity and performance system (currently, "FAPIIS") within the System for Award Management ("SAM").


Telecommunications equipment or services; video surveillance equipment or services

All applicants should be aware that under federal law, OJP may not award grant funds to procure or obtain any equipment, system, or service that uses “covered telecommunications equipment or services” as a substantial or essential component of any system, or as critical technology as part of any system. In general, with limited exceptions, “covered telecommunications equipment or services” includes telecommunications and video surveillance equipment or services produced or provided by a foreign entity that is specifically designated by statute, or designated by the federal government pursuant to statute. (See, e.g., section 889 of Public Law 115-232 (codified at a statutory note preceding 41 U.S.C. 3901), any designations associated with that section made by the Secretary of Defense, and any related statutes currently in effect or subsequently enacted.)


Unmanned Aircraft Systems (UAS)

Applicants should be aware that, in accordance with DOJ and OJP policy (and with few exceptions), OJP will prohibit use of award funds for unmanned aircraft systems (UAS), absent advance submission of specific documentation of protections in place for privacy, civil liberties, and public safety, and of mitigation of cybersecurity risks.  In addition, OJP will bar use of award funds for the purchase or use of UAS made by certain foreign entities designated by DOJ.

Accordingly, unless a determination is made by the Assistant Attorney General for OJP that an exception is warranted, any State, local, and tribal government that wishes to use OJP award funds to obtain, use, or operate UAS will be required, at a minimum, to submit a specific detailed certification and assurance regarding UAS, executed by its chief executive officer.

In general, the required certification and assurance must address, with respect to UAS— (1) legal authority to operate UAS and measures to ensure compliance with all provisions of federal law (whether in the Constitution, statute, or regulation) applicable to purchase or use of UAS; (2) policies and procedures in place, and related risk-mitigation measures and plans, to protect privacy and civil liberties (including to prevent unlawful discrimination against individuals, to safeguard data, and to appropriately address complaints); (3) policies and procedures, measures, and plans with respect to mitigation of technology and cybersecurity risks (including, e.g., regarding security of information during transmission and storage, and mitigation of risks of electronic hijacking, malware, and data theft or data breach).

A recent OJP policy order on funding of unmanned aircraft systems may bear some mention, even though OJP policy orders apply only to the internal operations of OJP and of its various components.  That policy order, which includes certain detailed material (e.g., definitions), was made publicly available through an official Department of Justice press release; applicants interested in seeking funding for UAS may find it helpful to become familiar with that material.


Return to "Overview of Legal Requirements Generally Applicable to OJP Awards - FY 2021"

Date Created: October 29, 2020