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!Submission of eligible records relevant to the National Instant Background Check System
<br /> Consonant with federal statutes that pertain to firearms and background checks-- including 18 U.S.C. 922 and 34
<br /> ;U.S.C. ch. 409-- if the recipient(or any subrecipient at any tier) uses this award to fund (in whole or in part)a specific
<br /> ;project or program (such as a law enforcement, prosecution, or court program)that results in any court dispositions,
<br /> ,information, or other records that are "eligible records" (under federal or State law)relevant to the National Instant
<br /> Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records
<br /> systems that contain any court dispositions, information, or other records that are"eligible records" (under federal or
<br /> :State law) relevant to the NICS, the recipient(or subrecipient, if applicable) must ensure that all such court
<br /> dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS
<br /> are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and
<br /> ;accessed by)the NICS, and --when appropriate-- promptly must update, correct, modify, or remove such NICS-
<br /> ,relevant"eligible records".
<br /> In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent
<br /> 'monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such
<br /> evidence in any express written determination regarding this condition.
<br /> Condition 59
<br /> Prohibition on use of award funds for match under BVP program
<br /> !JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
<br /> 'Condition 60
<br /> Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due
<br /> ;process rights that prevent any violation or infringement of the Constitution of the United States, including but not
<br /> "limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and
<br /> ";Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State
<br /> courts and United States courts (including the Supreme Court of the United States). Such programs must include, at
<br /> the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person
<br /> hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to
<br /> :confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation
<br /> !and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to
<br /> a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the
<br /> full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the
<br /> substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the
<br /> :Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts
<br /> '(including the Supreme Court of the United States). The heightened evidentiary standards and proof under such
<br /> :programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent
<br /> reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague,
<br /> speculative, and lacking a foundation; and penalties for abuse of the program.
<br /> Condition 61
<br /> Expenditures prohibited without waiver
<br /> 'No funds under this award maybe expended on the purchase of items prohibited by the JAG program statute, unless,
<br /> as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making
<br /> such expenditures essential to the maintenance of public safety and good order.
<br /> !Condition 62
<br /> :Exceptions regarding Prohibited and Controlled Equipment under OJP awards
<br /> Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition
<br /> regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP
<br /> 'awards,"the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs" and the
<br /> requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs"do not apply to this award.
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