Thu Dec 01 00:00:00 GMT 2022

GRANTEE:

PROGRAM:

AGREEMENT NUMBER:

Arlicle I

Article ll

Article lll

Article lV

Article V

Article Vl

Article Vll

Article Vlll

Article lX

Article X

Article Xl

Article Xll

Article Xlll

Article XIV

Article XV

U.S. Department of Homeland Security Washington, D.C.20472

AGREEMENT ARTICLES

State and Local Cybersccurity Grant Program

State Law Enforcsmenl Division.

State and Local Cybersecurity Granl Program

EMW-2022-CY-00032-S0 I

TABLE OF CONTENTS

Summary Oescription of Award

SLCGP Performance Goal

DHS Standard Terms and Conditions Generally

Assurances, Administralive Requirements, Cost Principles, Representations and Certific€tions

General Acknowledgements and Assurances

Acknowledgement of Federal Funding from DHS

Activities Conducted Abroad

Age Discrimination Act of '1975

Americans with Oisabilities Act of 1990

Best Practices for Colleclion and Use of Personally ldentiliable lnformalion

Civil Rights Act oI 1964 - Title Vl

Civil Rights Act of '1968

Copyright

Debarmenl and Suspension

Drug-Free Workplace Regulations

Article XVI Duplication ot Benefits

Arlicle XVll

Arlicle xvlll

Article XIX

Article )(X

Article XXI

Arlicle XXll

Arlicle xxlll

Article XXIV

Article XXV

Article XXVI

Article XXVII

Article XXVIll

Article XXIX

Article XXX

Ariicle XXXI

Article XXXII

Article XXXlll

Article XXXIV

Article XXXV

Article XxxVl

Article XXXVIl

Education Amendments of 1972 (Equal Opportunity in Education Act) - Title lX

Energy Policy and Conservalion Act

False Claims Act and Program Fraud Civil Remedies

Federal Debt Status

Federal Leadership on Reducing Text i4essaging while Oriving

Fly America Act of 1974

Hotel and Motel Fire Safety Act of '1990

John S. N4ccain National Defense Authorization Act of Fiscal Year 2019

Limited English Proficiency (Civil Rights Act of 1964 - Title VI)

Lobbying Prohibitions

National Environmental Policy Act

Nondiscrimination in Matters Pertaining to Faith-Based Organizations

Non-Supplanting Requiremenl

Notice of Funding Opportunity Requirements

Patents and Intellectual Properly Rights

Procuremenl of Recovered Materials

Rehabilitation Act of 1973

Reporting of Matters Related to Recipienl lntegrily and Performance

Reporting Subawards and Executive Compensation

Required Use of American lron, Steel, Manufactured Products, and Construction Materials

SAFECOM

Article xxxvlll Terrorist Financing

Article XXXIX Trafficking Victims Protection Act of 2000 (TVPA)

Article XL Universal ldentafier and System of Award Management

Arlicle XLI USA PATRIOT Act of 2001

Article XLll Use of DHS Seal, Logo and Flags

Article xLlll Whistleblower Protection Act

Article XLIV Environmenlal Planning and Historic Preservation (EHP) Review

Article XLV Applicability of DHS Standard Terms and Conditions to Tribes

Article XLVI Acceptance of Post Award Changes

Article XLVII Disposition ot Equipment Acquired Under the Federal Award

Article XLVlll Pdor Approval for Modilication of Approved Budget

Article I - Summary Description of Award

The purpose of lhe Fiscal Year 2022 Stale and Local Cybersecurity Grant Program (SLCGP) is to assist stale, local, and tenitorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the lnfrastruclure lnveslment and Jobs Act, also known as the Biparlisan lnfrastructure Law, the SLCGP enables OHS to make targeted cybersecurity investmenls in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of lhe services SLT governments provide lheir community. This SLCGP award provides funding in the amount of: $3,660,557 for the state of South Carolina. Of this amount, up to $183,027 can be retained by the State Administralive Agency (SAA) for management and administralive expenses, and a total of $406,729 is the required crst share.

The terms of the approved lnveslment Justirication(s) and Budgel Delail Worksheet(s) submitted by lhe recipient are incorporated into the terms of this Federal award, sub.,ect to the additionaldescription and limitations stated in this Agreement Article and the limitaiions stated in subsequent reviews by FEMA and CISA of the award budget. Post-award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limilations slated in subsequent approvals by FEMA and CISA of changes to the award. lnveslments not listed in this Agreement Article are not approved for funding under this award.

Article ll - SLCGP Pertormance Goal ln addition to the Performance Progress Report (PPR) submission requirements due January 30, oullined in NOFO Appendix A-11, recipients must demonstrate how the grant-funded projecls address the capability gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities per the CISA-approved lnveslment Justirication. The capability gap reduction or capability sustainment must be addressed in the PPR, Section 10. Performance Narrative.

Article lll - DHS Standard Terms and Conditions Generally

The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2Q22. These lerms and condilions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United Stalcs has the right to seek judicial enforcemenl of thase obligations.

All legislalion and digital resources are referenced wilh no digital links. fhe FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publicationfiyl S-dhs-standard-terms-and-condilions.

Article lV - Assurances, Administrative Requiremenls, Cost Principles, Representations and Csrtlfications

l. DHS financial assistance recipienls must complete either the Offlce of Managemenl and Budget (OMB) Standard Form 4248 Assurances - Non-Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS linancial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to Iill out the assurances as instructed by the awarding agency.

ll. DHS fnancial assistance recipients are required to lollow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, 6nd Audil Requirements lor Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Parl 200 and adopted by DHS al 2 C.F.R. Parl 3002.

lll. By accepting this agreement,recipients,andtheirexecutives,as derined in 2 C. F.R.section170.315, cerliMhat their policies are in accordance with OMB'S guidance locaied al2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.

Article V . General Acknowledgements and ABsurances

All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions goveming DHS access to records, accounls, documents, information, facilities, and staff.

l. Recipienls must cooperate \.rith any DHS compliance reviews or compliance investigations conducted by OHS.

ll. Recipients must give DHS access to examine and copy records, accounls, and olher documents and sources oI information relaled to the federal financial assislanc€ award and permit access to facilities or personnel.

lll. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reporls.

lV. Recipients must comply with all other special reporting, data collection, and evaluation requiremenls, as prescribed by law, or detailed in program guidanc€.

V. Recipients (as delined in 2 C.F.R. Parl 200 and including recipients acting as pass-lhrough entilies) of federal linancial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Righls Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the llrsl award under which this term applies. Recipients of multiple awards of DHS frnancial assistance should only submit one completed lool for their organization, not per award.

Afler the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipienls should submil lhe completed tool, including supporling materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submil lhis tool to DHS. The evaluation tool can be found al https://www.dhs.gov/publication/dhs-civil-rights-evalualion-lool.

The DHS Oftice for Civil Rights and Civil Liberlies will consider, in its discretion, granting an exlension i, the recipient identifies steps and a timeline for compleling the lool. Recipients should request extensions by emailing the request to CivilRighlsEvaluation@hq.dhs.gov prior to expiration ot the 30-day deadline.

Article Vl . Acknowledg6ment of Federal Funding from DHS

Recipients musl acknowledge their use of federal funding when issuing slatements, pr6ss releases, requ6sts Ior proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

Article Vll . Activities Conducted Abroad

Recipients must ensure that project activities performed outside the United Stales are coordinated as necessary with appropriate government authorilies and that appropriate licenses, permits, or approvals are obtained.

Article Vlll - Age Discrimination Ac-t of 1975

Recipienls must comply with the requirements of the Age Discrimination Act o, 1975, Public Law 94-135 (1975) (codilied as amended at Title 42, U.S. Code, section 6'10'1 et seq.), which prohibils discrimination on lhe basis of age in any program or activity receiving federal fnancial assistance.

Article lX - Americans with Disabilities Act of 1990

Recipients must comply with the requirements of Titles I, ll, and lll of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. seclions 12'l0'l - 12213), which prohibits recipients from discriminating on the basis ol disability in the operation ot public entities, public and private transportation systems, places of public accommodation, and cerlain testing entities.

Article X - Best Practices tor Collection and Use of Porsonally ldantlfiable lnformation

Recipienls who collect personally idenlifiable information (Pll) are required to have a publicly available privacy policy that describes standards on the usage and mainlenance of lhe Pll they collecl. DHS defnes Pll as any information that permits the identily of an individual to be direclly or indirectly inferred, including any information that is linked or linkable to thal individual.

Recipienls may also tind the DHS Privacy lmpact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Arriclo xl - civll RlghB Ac-t of 1964 - Title vl

Recipients must comply with the requirements of Tille Vl of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C.

section 2000d et seq.), which provides thal no person in the Uniled Slates will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefts of, or b€ subjecled to discriminaton under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R.

Pan7.

Article Xll - Civil Rights Act of 1968

Recipienls must comply with Title Vlll ol the Civil Rights Acl of 1968, Pub. L. 90-284, as amended through Pub. L. 1134, which prohibits recipients from discriminating in lhe sale, renlal, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial stalus, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R.

Parl 100. The prohibition on disability discrimination includes lhe requirement that new multifamily housing with four or more dwelling units - i.e., the public and common use areas and individual apartmenl unils (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article Xlll - Copyright

Recipients musl affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S.

Government sponsorship (including lhe award number) to any work first produced under federal financial assistanc€ awards.

Article XIV . Debarment and Suspension

Recipienls are subject to the non-procuremenl debarment and suspension regulations implementing Executive Orders (E.O.)

'l2gg and 12689, which are al2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations reslricl federal linancial assistance awards, subawards, and contracls wilh certain partiss lhat are debarred, suspended, or olherwise excludsd from or ineligibl6 for participation in fedsral assistancs programs or activities.

Article XV . Orug-Free Workplace Regulations

Recipients musl comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Parl 3001, which adopts the Governmenlwide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of '1988 (41 U.S.C. sections 8101-8106).

Article XVI - Duplication of Benefits

Any cost allocable to a particular federal tinancial assistance award provided fo. in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies: to avoid restriclions imposed by federal statutes, regulations, or federal financial assistance award terms and condilions; or for olher reasons. However. these prohibitions would not preclude recipients from shitting cosls that are allowable under two or more awards in accordance wilh existing federal statutes, regulations, or the federal frnancial assistance award lerms and conditions.

Article Xvll . Education Amendments of '1972 (Equal Opportunity in Education Act) - Title lX

Recipients must comply with the requirements of Title lX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the Uniled States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assislance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

Article XVlll . Energy Policy and Conservation Act

Recipients musl comply with the requiremenls of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 620'l et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservalion plan issued in compliance with this Act.

Article XIX - False Claim3 Act and Program Fraud Civil Remedies

Recipients must comply wilh the requirements ot the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibil the submission offalse or fraudulent claims for payment to the Federal Governmenl. (See 31 U.S.C. sections 3801-38'12, which details the adminislrative remedies for false claims and stalements made.)

Article XX - Fedsral Debt Status

All recipients are required to be nondelinquenl in their repayment of any federal debt. Examplss of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpaymenls. (See OMB Circular A-'129.)

Article XXI - Federal Leadership on Reducing Text Messaging while Driving

Recipients are encouraged to adopt and entorce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official governmenl business or when performing any work for or on behalt of the Federal Govemment.

Article XXll - Fly America Act of 1974

Recipients must comply with Preference for U.S. Flag Air Carriers (air caniers holding certificales under 49 U.S.C.) for international air transportation of people and property to the extent thal such service is available, in accordance wilh the lnternational Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 401 18, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31 , 1981, amendment to Comptroller General Decision B-138942.

Article Xxlll - Hotel and Motel Fi.e Safety Act of 1990

Recipienls must ensure that all conference, meeting, convenlion, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 ol the Hotel and Motel Fire Safety Act of 1990, 15

U.S.C. seclion 2225a.

Article XXIV - John S. McCain National Defense Authorization Act of Fiscal Year 2019

Recipients, subrecipienls, and their contractors and subcontraclols are subject to the prohibitions described in section 889 of the John S. Mccain Nalional Defense Authorizalion Acl for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. sections 200.216,200.327,200.471, and Appendix ll to 2 C.F.R. Parl 200. Beginning Augusl 13,2020, the statute

- as it applies to DHS recipients, subrecipients, and their contractors and subconlractors - prohibits obligating or expending federal award funds on cerlain telecommunicalions and video surveillance products and contracting with certain entities for national security reasons.

Article )(XV - Llmlted English Proliciency (Clvil Righls Act of 1964 - Title Vl)

Recipients must comply with Title Vl of the Civil Rights Act of 19M, (42 U.S.C. section 2000d et seq.) prohibilion against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps lo provide meaningful access to persons with limiled English proficiency (LEP) to their programs and services. For additional assistanc€ and informalion regarding language access obligations, please refer to the DHS Recipient Guidance:

https:/ ,vww.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http:/ rrww.lep.gov.

Article XXVI - Lobbying Prohibitions

Recipients must comply with 31 U.S.C. section 1352, which provides that none of the ,unds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an ofricer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in conneclion with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendmenl, or modilication.

Article XXVII - National Environmental Policy Act

Recipients must comply with the requirements of the National Environmental Policy Act ol 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEO) Regulalions for lmplementing the Procedural Provisions of NEPA, which require recipients to use all practicable means wilhin their authorily, and consistent wilh other essential considerations of national policy, lo create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generalions of Americans.

Article XXV|ll - Nondiscrimination in Matters Portaining to Faith-Based Organizatlons

It is DHS policy lo ensure the equal treatment of faith-based organizations in social service programs administered or supporled by DHS or its component agencies, enabling those organizations to participate in providing important social services lo beneficiaries. Recipienls must comply with the equal trealment policies and requirements contained in 6 C.F.R.

Parl 19 and other applicable statues, regulations, and guidance governing the participations of faith-based organizations in individual DHS programs.

Article XXIX - Non€upplanting Requirement

Recipients receiving federalfinancial assistance awards made under programs that prohibil supplanting by law must snsure that tederalfunds do not replace (supplant) funds that have been budgetgd for the same purposs through non-federal sources.

Article XXX - Notice of Funding Opportunity Requirements

All lhe instructions, guidance, limitations, and other conditions set forth in the Notice ol Funding Opportunity (NOFO) for this program are incorporated here by reference in lhe award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

ArllclE XXXI - Patents and lntelloctual Proporty Rlghts

Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 40'1.14.

Article XXXII " Procurement of Recovered Materials

Stales, political subdivisaons of stales, and lheir contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act,42 U.S.C. seclion 6962.)

The requirements of Section 6002 include procuring only items designaled in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that conlain the highest percenlage of recovered materials practicable, consistent with maintaining a satisfaclory level of competition.

Articl€ XXX|ll - Rehabilitation Act of 1973

Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-1 12 ('1973) (codilied as amended at 29 U.S.C. section 794), which provides thal no otherwise qualified handicapped individuals in lhe United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assislance.

Article XXXIV . Reporting of Matters Related to Recipienl lntegrity and Performance

General Reporting Requiremenls:

lf the tolal value of any currently active grants, cooperative agreemenls, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period ot time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the govemment-wide Award Term and Condition for Recipient lnlegrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions.

Reporling of firsl lier subawards

Recipients are required to comply with the requirements sel forth in the govemment-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporaled here by rererence in the award terms and conditions.

Article XXXVI - Required Use of American lron, Steel, Manutactured Producls, and Conslruc.taon Materials

Recipients and subrecipienls must comply with the Build America, Buy America Act (BABAA), which was enaded as parl of lhe lnfrastruclure lnveslment and Jobs Act Sections 70901-70927 , Pub. L. No. 1 17-58 (2021)t and Executive Order '14005, Ensuring the Future is Made in All of America by All of America's Workers, Soe also Office of Management and Budget (OMB), Memorandum M-22-'l 1, lnitial lmplementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for lnfrastruclure.

Recipients and subrecipients of lederal tinancial assistance programs for infrastruclure are hereby notified lhat none ot the funds provided under this award may be used for a project for infrastructure unless:

(1) all iron and steel used in the project are produced in the United States-this means all manufacturing processes, from the inilial melting stage through the application of coatings, occuned in lhe United States;

(2) all manufactured producls used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost ot the components of the manufactured product that are mined, produced, or manufactured in the United Slates is greater than 55 percenl of the total cosl of all componenls of the manufactured product, unless anolher standard for determining the minimum amount of domestic contenl of lhe manufaclured product has been established under applicable law or regulation; and

(3) all construction materials are manufactured in the United States-this means that all manufacturing processes for the construclion malerial occurred in the United Stales.

The Buy America preference only applies to arlicles, materials, and supplies that are @nsumed in, incorporaled into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scafiolding, brought to lhe construction site and removed at or before lhe completion ol the infrastructure project. Nor does a Buy America preference apply lo equipment and fumishings, such as movable chairs, desks, and portable computer equipment, that are used at or within tha finishsd infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastruclure proiect.

Waive$

When necessary, recipienls may apply lor, and the agency may grant, a waiver from these requirements.

(a) Whan the federal sgency has made a delermination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procuremenl preference in any case in which the agency delermines that:

(1) applying the domestic content procurement preference would be inconsistent with the public interest;

(2) the lypes of iron, steel, manufactured products, or construclion materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

(3) the inclusion of iron, sleel, manufactured products, or construction materials produced in the United States will increase lhe cost of the overall poect by more than 25 percenl.

A request to waive the application of the domestic content procuremenl preference must be in writing. The agency will provide inslructions on the format, contents, and supporting materials required for any waiver request. Waiver requesls are subjecl to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office.

Article XXXV - Reporling Subawards and Executive Compensation

There may be instances where an arvard qualifies, in whole or in part, for an existing waiver described. For awards by the Fedoral Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy America" flCfercnse !n FCMA Fjl]-alcial Agsistance Programs for lnftastructuE I,F'EMA,gev. For awards by olher DHS components, please contac{ lhe applicable DHS FAO.

To see whether a particular DHS fedoral financial assistance program is considered an infrastructura program and thus required to include a Buy America preference, please eilher contacl the applicable DHS FAO, or for FEMA awards, please see Programs and Detinitions: Build America. Buy America Act I FEMA.gov.

Article XXXVII - SAFECOM

Recipients receiving lederal financial assistance awards made under programs lhat provide emergency communication equipment and ils related aclivities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on lechnical standards thal ensure and enhance interoperable communicalions.

Article XXXVlll . Terrorbt Financing

Recipients musl comply with e.O. 13224 and U.S. laws that prohibil transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance wilh lhe Order and laws.

Article XXXIX - Trafficking Victlms Protectlon Act of 2000 (TVPA)

Trafncking in Persons:

Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section '106 (g) oflhe Trafficking Victims Proteclion Act of 2000 (TVPA), codilied as amended at 22 U.S.C. section 7104. The award term is localed at 2 C.F.R. seclion 175.15, the full text of which is incorporated here by reference.

Article XL . Universal ldentlfler and System of Award i/lanagement

Requiremenls for System lor Award Management and Unique Entity ldentifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the Syslem for Award Management and Universal ldentifier Requirements located al 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.

Article XLI - USA PATRIOT Act of 200'l

Recipients must comply with requirsmenls of Section 817 of the Uniting and Slrenglhening America by Providing Appropriate Tools Required to lntercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Acl), which amends '18 U.S.C. sections 17'175c.

A.licle XLll . UsG of DHS Ssal, Logo and Flags

Recipients must obtain permission ,rom their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of Ilags or likenesses of DHS agency officials, inciuding use of the United Slates Coast Guard seal, logo, cresls or reproduciions of flags or likenesses ot Coast Guard ofricials.

Article XLlll - Whistleblower Protsction Act

Recipients must comply with the slatutory requirements for whistleblower protections (if applicable) al 10 U.S.C seclion 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324,41 U.S.C. sections 4304 and 4310.

Article XLIV - Environmental Planning and Historic Preservation (EHP) Reviery

DHS/FEMA funded activities thal may require an Environmenl,al Planning and Hisloric Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federalfunding requires the recipient to comply with all federal, state, and local laws-

DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/ FEi/A granl funds, through its EHP revie\,v process, as mandated by the National Environmental Policy Act; National Historic Preservation Act ol 1966, as amend6d; National Flood lnsurance Program regulalions; and any other applicable laws and executive orders. ln order to initiate EHP review of your project(s), you must submit a detailed project description along with supporting documentation. The EHP review process must be completed betore tunds are released to carry out the proposed project; otherwise, OHS/FEMA may not be able to tund the poect due to noncompliance with EHP laws, executive orders, regulations, and policies.

lf ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immedialely cease work in that area and notify the pass-through entity, if applicable, and DHS/FEl\,4A.

Article XLV - Applicability of DHS Standard Terms and Conditions to Tribes

The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. lf the requirement does not apply to lndian tribes or there is a federal law or regulation exempting its application lo lndian tribes, then the acceptance by Tribes of, or acquiescence to, OHS Standard Terms and Conditions does not change or alter its inapplicability to an lndian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article XLVI - Acceptance of Post Award Changes ln the event FEI\4A determines that changes are necessary lo lhe award document after an award has been made, including changes lo period ol performance or terms and condilions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail lo AsK-Gl\4D@fema.dhs.gov if you have any questions.

Article XLVII - Disposition of Equipment Acquired Under the Federal Award

For purposes of original or replacement equipment acquired under this award by a non-slale recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currenlly or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures.

Article XLvlll - Prior Approval for Modification of Approved Budget

Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEN4A where required by 2 C.F.R. seclion 200.308.

For purposes of non-construction projecls, FEMA is utilizing ils discretion to impose an additional restriction under 2 C.F.R.

section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer tunds among direct cost categories, programs, functions, or activities without prior written approval Irom FEI,IA where the cumulative amounl of such transfers exceeds or is expected to exceed ten percent ('10olo) of the total budget FENIA lasl approved.

For purposes ol awards that support bolh construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(hX5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work.

You must reporl any deviations from your FEMA approved budget in the firsl Federal Financial Reporl (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.