Southwest Border Prosecution Initiative Program
The objective of the Southwest Border Prosecution Initiative (SWBPI) is to reimburse state, county, parish, tribal, or municipal governments only for costs associated with the prosecution of criminal cases declined by local U.S. Attorneys' offices.
General information about this opportunity
Last Known Status
Deleted 04/02/2020 (Archived.)
Agency: Department of Justice
Office: Bureau of Justice Assistance
Type(s) of Assistance Offered
Direct Payments with Unrestricted Use
Public Law 106-246, as amended by Public Law 106-554; and, an act appropriating funds for the Department of Justice in the current fiscal year., Public Law 106-246.
Who is eligible to apply/benefit from this assistance?
Eligible county and state governments in Arizona, California, New Mexico, and Texas may apply for funds, in accordance with established reporting periods and funding availability.
An applicant must be the Chief Executive Officer (CEO) or an authorized designee of any eligible jurisdiction in Arizona, California, New Mexico, or Texas. CEOs are the highest ranking administrative or elected official of a unit of general government, such as the Governor, President of the County Commissioners, County Executive, or County Judge (for counties in Texas). Only employees, such as a Sheriff or County Prosecutor, of the applicant jurisdiction can serve as an authorized designee for SWBPI.
Documents supporting a federally initiated and declined/referred case must be retained for three years after the submission of the case for SWBPI funds. Documents can include paper or electronic case files, e-mails from the U.S. Attorney’s Office, case notes, or documentation of telephone or face-to-face meetings with U.S. Attorney’s Office staff or federal law enforcement officials. Court and arrest records for each case submitted for SWBPI funding may be requested by the Bureau of Justice Assistance for pre- and post-award review. Any cases that do not have the corresponding court and arrest records will not be considered for SWBPI funding.
OTHER FEDERAL PROSECUTION
Documentation must be maintained to support that SWBPI funds, when combined with other federal prosecution funds, do not exceed 100 percent of the prosecution costs for SWBPI cases. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.
What is the process for applying and being award this assistance?
No formal pre application coordination is required. Previous year applicants are notified two to three weeks prior to the opening of each application period. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards applies to this program. Applications must be submitted through the online, Internet-based Southwest Border Prosecution Initiative system: http://ojp.gov/swbpi/index.html. Faxed or mailed applications or supplemental materials will not be accepted.
Applications are reviewed and approved on the basis of their adherence to program guidelines and funding availability. Applicants will receive up to 100 percent of eligible case costs, based on the availability of funds. Should application amounts exceed available funding, applicants will receive funds on a uniform, pro-rata basis.
Contact the headquarters or regional office, as appropriate, for application deadlines.
Approval/Disapproval Decision Time
From 30 to 60 days.
Subject to congressional appropriation.
How are proposals selected?
For criteria, please visit http://www.ojp.usdoj.gov/swbpi.
How may assistance be used?
While funds from the SWBPI federal payments may be used by applicant jurisdictions for any purpose not otherwise prohibited by federal law, using funds for the support and enhancement of prosecutorial services is encouraged. -Time spent by prosecutors on judicial appeals. Time spent by prosecutors on interlocutory appeals brought prior to trial, pleas or dismissal is allowable.
-Incarceration time for sentenced offenders.
What are the requirements after being awarded this opportunity?
In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.
Documents supporting a federally initiated and declined/referred case must be retained for three years after the submission of the case for SWBPI funds. Documents can include paper or electronic case files, e-mails from the U.S. Attorney’s Office, case notes, or documentation of telephone or face-to-face meetings with U.S. Attorney’s Office staff or federal law enforcement officials.
Other Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
Matching requirements are not applicable to this program.
MOE requirements are not applicable to this program.
Length and Time Phasing of Assistance
Contact program office for specifics. See the following for information on how assistance is awarded/released: See the following for information on how assistance is awarded/release: Office of Justice Programs’ Financial Guide (http://ojp.gov/financialguide/index.htm) and Post Award Instructions (http://ojp.gov/funding/Implement/Resources/PostAwardInstructions.pdf).
Who do I contact about this opportunity?
Regional or Local Office
Maria Anderson U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
810 7th Street, NW, Washington, District of Columbia 20531 Email: email@example.com
Phone: (202) 514-7057 or 1-866-817-9274
(Direct Payments with Unrestricted Use) FY 14 $0; FY 15 est $0; and FY 16 est $0
Range and Average of Financial Assistance
Applicants do not request an amount. Instead their award is based on available funding and the number of eligible cases. There is no maximum project period associated with this program since it is a payments reimbursement program.
Regulations, Guidelines and Literature
For Guidance, please visit http://www.ojp.usdoj.gov/swbpi
Southwest Border Prosecution Initiative
Examples of Funded Projects