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Is there a limit to the number of years that a state can submit an assurance without a reduction in Department of Justice (DOJ) grant funding?

August 17, 2017

Is there a limit to the number of years that a state can submit an assurance without a reduction in Department of Justice (DOJ) grant funding?

Pursuant to the PREA amendment under the Justice for All Reauthorization Act (JFARA), signed into law on December 16, 2016 (Pub. L. No. 114-324), the assurance option will sunset six years following JFARA’s date of enactment. See 34 U.S.C. §30307(e)(2)(D)(ii). Therefore, the last year that governors will have the option to submit an assurance to DOJ will be for Audit Year 3 of Cycle 3, ending on August 19, 2022, which will impact FY2023 DOJ grant funds. 

The PREA amendment under JFARA also provides that for two years following the assurance sunset in December 2022, a governor who can certify that the state has audited at least 90% of facilities under the operational control of the executive branch may request that the Attorney General allow submission of an emergency assurance. See 34 U.S.C. §30307(e)(2)(D)(iii). Therefore, the last year that governors will have the option to request and submit an emergency assurance to DOJ will be for Audit Year 2 of Cycle 4, ending on August 19, 2024, which will impact FY2025 DOJ grant funds.

Revised August 17, 2017. Original posting date May 16, 2014.

Governor's Certification
115.501