July 2018

SMART Watch Newsletter


Grant Extensions + Equivalent Offenses

Grants Team

Q. How have project extensions been impacted by the release of Part 200 Uniform Requirements?

A. For years, the general administrative requirements, cost principles and audit requirements for most OJP grants were set by Department of Justice regulations (28 Code of Federal Regulations Parts 66 and 70 for administrative requirements) and certain Office of Management and Budget circulars (for cost principles and audit requirements).

But in 2014, the 2 C.F.R. Part 200 Uniform Requirements largely replaced the 28 C.F.R. Parts 66 and 70 and the OMB circulars.

Generally speaking, OJP awards made before January 2015 are not altered or affected by Part 200 requirements. For awards made prior to January 2015, OJP recipients (and subrecipients) should continue to consult the OJP Financial Guide. For OJP awards made in 2015 and later, consult the DOJ Grants Financial Guide.

Do the Part 200 Uniform Requirements apply to all active OJP grants and cooperative agreements?

No. Part 200 applicability depends on —

  • when the award was made and accepted,
  • the type of entity that received the award and
  • the specific terms and conditions of the award (including any supplements).

Part 200 requirements have little effect on active grants and cooperative agreements that OJP awarded prior to 2015, other than certain awards that received supplemental funds from OJP (under the same award number) in 2015 or subsequent years.

Also, even for OJP awards made in 2015 or subsequent years, Part 200 requirements extend only to awards to certain types of entities: typically states and local governments, federally recognized Indian tribes, public or nonprofit higher education institutions and nonprofit organizations.

For other types of OJP recipients (for example, for-profit organizations), Part 200 requirements typically apply to the extent that the conditions of the OJP award (including any condition that incorporates the DOJ Grants Financial Guide) provide that all or part of the Part 200 requirements apply.

How have the Part 200 Uniform requirements impacted project extensions?

For awards made in 2015 and in subsequent years, however, the following rules apply:

  • The maximum extension allowable for any project period is generally 12 months.
  • Requests for a no-cost extension of an award period must be made by submitting a grant adjustment notice in the Grants Management System any time after accepting the award and at least 30 days before the award ends.
  • Generally, requests for retroactive extension of project periods will not be considered.
  • Generally, only one extension per award is permitted.
  • A request to extend the obligation period of a program or set of programs beyond 12 months must be justified by extraordinary circumstances outside of the control of the recipient and subrecipient, and be documented in the award record.
  • The awarding agency has the discretion to approve extension requests.

For more information on how these regulations impact your specific award, contact your SMART grant manager.

Policy Team

Q. How do I determine whether the offense is equivalent to one of our jurisdiction’s registerable offenses? There’s an offender who was convicted in another jurisdiction who has reported to our jurisdiction for registration. He was convicted 20 years ago, and the statute of conviction (in the jurisdiction where he was convicted) is no longer in the jurisdiction’s criminal code. Our jurisdiction’s registration statutes require us to register all sex offenses from other jurisdictions that are equivalent to one of our jurisdiction’s registerable offenses.

A. Historical versions of statutes are available to Sex Offender Registration and Notification Act (SORNA) jurisdictions for federal, military and state statutes. SMART senior policy advisors can help you locate the “current as of” statute by jurisdiction and code section or heading to help you find the statute text that was in place when the offender was convicted.

Please note that for more recent versions of the statutes, you’ll need to contact the relevant jurisdiction. If you need assistance contacting the relevant jurisdiction, please contact the SMART Office at 202-514-4689 or [email protected], or contact the SMART senior policy advisor for your jurisdiction.