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A. For purposes of this condition— <br /> (1)the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. <br /> 1101(a)(3)); <br /> (2)the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or <br /> made available, by the federal government, to a State or local government entity, agency, or official, through any <br /> means, including, without limitation— <br /> (a)through any database, <br /> (b) in connection with any law enforcement partnership or task-force, <br /> (c) in connection with any request for law enforcement assistance or-cooperation, or <br /> (d)through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal <br /> law enforcement activity; <br /> (3)the term "law-enforcement-sensitive information" means records or information compiled for any law-enforcement <br /> purpose; and <br /> (4)the term "public disclosure" means any communication or release other than one— <br /> (a)within the recipient, or <br /> (b)to any subrecipient (at any tier)that is a government entity. <br /> B. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of <br /> any federal law, or of any judicial ruling, governing or applicable to the award. <br /> C. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or <br /> activity")with federal law enforcement: information-communication restrictions; ongoing compliance" award condition <br /> are incorporated by reference as though set forth here in full. <br /> Condition 52 <br /> Noninterference (with award funds and within the funded "program or activity")with federal law enforcement: <br /> information-communication restrictions <br /> SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those <br /> included in any subaward (at any tier). <br /> 1. Throughout the entire award period of performance, no State or local government entity, -agency, or-official may <br /> use funds under this award (including under any subaward, at any tier)to prohibit or in any way restrict— <br /> (1) any government entity or-official from sending or receiving information regarding citizenship or immigration status <br /> to or from DHS; or <br /> (2) a government entity or agency from sending, requesting or receiving, or exchanging information regarding <br /> immigration status to, from, or with DHS, or from maintaining such information. <br /> Any prohibition (or restriction)that violates this condition is an "information-communication restriction" under this <br /> award. <br /> 2. With respect to the "program or activity"funded in whole or part under this award (including any such program or <br /> activity of any subrecipient at any tier), throughout the entire award period of performance, no State or local <br /> government entity, agency, or official may implement an "information-communication restriction." <br /> 3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of <br /> this condition. <br /> 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the <br /> extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the <br /> reasonable, necessary, and allocable costs (if any)that the recipient, or any subrecipient at any tier that is a State or <br /> local government incurs to implement this condition. <br /> 5. Rules of Construction. <br /> A. For purposes of this condition: <br /> (1) "State"and "local government" include any agency or other entity thereof, but not any public institution of higher <br /> education or Indian tribe. <br /> (2) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). <br /> (3) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 <br /> U.S.C. 1101 mean what they mean under that section 1101, except that"State" also includes American Samoa. <br /> (4)"DHS" means the U.S. Department of Homeland Security. <br /> B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any <br /> State or local government, or any other entity (or individual)to violate any federal law, including any applicable civil <br /> rights or nondiscrimination law. <br /> C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of <br /> any federal law, or of any judicial ruling, governing or applicable to the award. <br /> Page: 19 of 24 <br />