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than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary
<br /> body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the
<br /> Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth
<br /> Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and
<br /> United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and
<br /> proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at
<br /> minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay,
<br /> unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.
<br /> Recipients who plan to use funding to support ERPO programs must submit a Certification Relating to Pub. L. No.
<br /> 90-351, Title I, Sec. 501(a)(1)(I)(iv), signed by the principal legal officer, certifying that the ERPO program to be funded
<br /> satisfies each of the listed requirements prior to the use of award funds for ERPO programs. Funds proposed for
<br /> ERPO programs may be withheld, pending confirmation of compliance with the terms of this award.
<br /> Condition 57
<br /> No funds may be used for C-UAS except with express prior approval from BJA. To request such approval, the recipient
<br /> (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that any C-
<br /> UAS purchased with award funds will only be procured and used in compliance with all applicable federal, state, and
<br /> local laws and regulations, including criminal, surveillance, aviation, and communications laws. Any C-UAS purchased
<br /> with award funds will be included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the
<br /> Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii))to exercise the authority granted under subsection (a)(2) of
<br /> such section. The certification also requires that the award recipient consult qualified legal counsel to review the
<br /> proposed purchase and operation of C-UAS, and that the recipient will complete required trainings and obtain all
<br /> required approvals, certifications, licenses, and authorizations prior to deployment, and will coordinate with relevant
<br /> authorities as required. The recipient (or subrecipient)also must assure BJA that it has sufficient policies and
<br /> procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the C-
<br /> UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase
<br /> and the related policies for the C-UAS. Funds proposed for the purchase of C-UAS may be withheld, pending
<br /> confirmation of compliance with the terms of this award. Additional information and the required certification form may
<br /> be found here: https://bja.ojp.gov/funding/uas.
<br /> Condition 58
<br /> Expenditures prohibited without waiver
<br /> No funds under this award may be 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. Funds proposed for the purchase of
<br /> prohibited items may be withheld, pending confirmation of compliance with the terms of this award.
<br /> Condition 59
<br /> No funds may be used for UAS except with express prior approval from BJA. To request such approval, the recipient
<br /> (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that only UAS
<br /> verified by the Defense Contract Monitoring Agency's"Blue UAS Cleared List"or any successor list (available at https:/
<br /> /bluelist.appsplatformportals.us/)as not manufactured by a "covered foreign entity" may be purchased or operated
<br /> under the federal award and, further, that no modifications or additional accessories may be introduced to the UAS
<br /> funded by the award. The purchased UAS may not be used to process, store, or transmit Federal information. The
<br /> recipient(or subrecipient)also must assure BJA that it has sufficient policies and procedures regarding privacy, civil
<br /> liberties, and information technology cybersecurity related to the operation of the UAS. Finally, the recipient(or
<br /> subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the
<br /> UAS. Funds proposed for the purchase of UAS may be withheld, pending confirmation of compliance with the terms of
<br /> this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.
<br /> Condition 60
<br /> In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras (BWCs)or
<br /> related expenses for any agency unless that agency has submitted a certification to BJA that it has policies and
<br /> procedures in place that reinforce appropriate agency Use of Force policies and training and address technology
<br /> usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. The
<br /> recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for BWCs
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