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34 U.S.C. § 11296 — Oversight and accountability

submitted 13 years ago by Pub. L. 93-415 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 747 words · no verdicts yet

in plain englishAI-generated · not legal advice

Justice Department grants under this subchapter are subject to audit, exclusion, repayment, nonprofit-organization, conference-spending, and lobbying rules. The section defines “unresolved audit finding” and sets the consequences of violating these requirements.

All grants awarded by the Department of Justice that are authorized under this subchapter must meet the following requirements: (1) Audit requirement For 2 fiscal years during the period from fiscal year 2014 through fiscal year 2023, the Inspector General of the Department of Justice must audit grant recipients under this subchapter to prevent waste, fraud, and abuse by the grantee. (2) Mandatory exclusion If a recipient of grant funds under this subchapter is found to have an unresolved audit finding, that entity is not eligible to receive grant funds under this subchapter during the 2 fiscal years beginning after the 12-month period described in paragraph (4). (3) Repayment of grant funds If an entity receives grant funds under this subchapter during the 2-fiscal-year period when the entity is barred from receiving grants under paragraph (2), the Attorney General must— (A) deposit an amount equal to the improperly awarded grant funds into the General Fund of the Treasury; and (B) seek to recover the repayment costs from the grant recipient that was erroneously awarded the grant funds. (4) Defined term In this section, “unresolved audit finding” means a finding in an audit report in the final report of the Inspector General of the Department of Justice that the grantee used grant funds for an unauthorized expenditure or another unallowable cost and that finding is not closed or resolved within the 12-month period beginning on the date the final audit report is issued. (5) Nonprofit organization requirements (A) Definition For this section and the grant programs described in this subchapter, “nonprofit,” when referring to an entity, means that the entity is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of that title. (B) Prohibition The Attorney General may not award a grant under a grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts to avoid paying the tax described in section 511(a) of title 26. (C) Disclosure Each nonprofit organization that receives a grant under this subchapter and uses the procedures prescribed in regulations under section 53.4958–6 of title 26 of the Code of Federal Regulations to create a rebuttable presumption that compensation for its officers, directors, trustees, and key employees is reasonable must disclose to the Attorney General the process for determining that compensation. This disclosure must include the independent persons involved in reviewing and approving the compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General must make the information available for public inspection. (6) Conference expenditures (A) Limitation No amounts authorized to be appropriated under this subchapter may be used to host or support a conference expenditure that uses more than $20,000 unless the Deputy Attorney General, or the appropriate Assistant Attorney General, Director, or principal deputy director designated by the Deputy Attorney General, gives prior written authorization for the funds to be used to host the conference. (B) Written approval The written approval under subparagraph (A) must include a written estimate of all conference costs, including food and beverages, audio/visual equipment, speakers’ honoraria, and entertainment. (C) Report The Deputy Attorney General must submit an annual report to the Senate Committee on the Judiciary, the House Committee on the Judiciary, and the House Committee on Education and the Workforce about all conference expenditures approved under this paragraph. (7) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this subchapter may not be used by a grant recipient to— (i) lobby a Department of Justice representative about the award of grant funding; or (ii) lobby a representative of a Federal, State, local, or tribal government about the award of grant funding. (B) Penalty If the Attorney General determines that a recipient of a grant under this subchapter violated subparagraph (A), the Attorney General must— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this subchapter for at least 5 years. (C) Clarification For this paragraph, submitting an application for a grant under this subchapter is not lobbying activity that violates subparagraph (A).

the actual law source: uscode.house.gov ↗public domain

All grants awarded by the Department of Justice that are authorized under this subchapter shall be subject to the following:

(1) Audit requirement

For 2 of the fiscal years in the period of fiscal years 2014 through 2023, the Inspector General of the Department of Justice shall conduct audits of the recipient of grants under this subchapter to prevent waste, fraud, and abuse by the grantee.

(2) Mandatory exclusion

If the recipient of grant funds under this subchapter is found to have an unresolved audit finding, then that entity shall not be eligible to receive grant funds under this subchapter during the 2 fiscal years beginning after the 12-month period described in paragraph (4).

(3) Repayment of grant funds

If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall—

(A)

deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and

(B)

seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.

(4) Defined term

In this section, the term “unresolved audit finding” means an audit report finding in the final report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued.

(5) Nonprofit organization requirements
(A) Definition

For purposes of this section and the grant programs described in this subchapter, the term “nonprofit”, relating to an entity, means the entity is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title.

(B) Prohibition

The Attorney General shall not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in off-shore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.

(C) Disclosure

Each nonprofit organization that is awarded a grant under this subchapter and uses the procedures prescribed in regulations under section 53.4958–6 of title 26 of the Code of Federal Regulations to create a rebuttable presumption of reasonableness of the compensation for its officers, directors, trustees and key employees, shall disclose to the Attorney General the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information available for public inspection.

(6) Conference expenditures
(A) Limitation

No amounts authorized to be appropriated under this subchapter may be used to host or support any expenditure for conferences that uses more than $20,000 unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy director as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.

(B) Written approval

Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment.

(C) Report

The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved by operation of this paragraph.

(7) Prohibition on lobbying activity
(A) In general

Amounts authorized to be appropriated under this subchapter may not be utilized by any grant recipient to—

(i)

lobby any representative of the Department of Justice regarding the award of any grant funding; or

(ii)

lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding.

(B) Penalty

If the Attorney General determines that any recipient of a grant under this subchapter has violated subparagraph (A), the Attorney General shall—

(i)

require the grant recipient to repay the grant in full; and

(ii)

prohibit the grant recipient from receiving another grant under this subchapter for not less than 5 years.

(C) Clarification

For purposes of this paragraph, submitting an application for a grant under this subchapter shall not be considered lobbying activity in violation of subparagraph (A).

Source credit: (Pub. L. 93–415, title IV, § 408, formerly § 407, as added Pub. L. 113–38, § 4, Sept. 30, 2013, 127 Stat. 529; renumbered § 408, Pub. L. 115–267, § 2(e)(1), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, § 202(e)(1), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 115–267, § 3(b), Oct. 11, 2018, 132 Stat. 3760.)

history & why it existsrecord from the source credit
  • 2013Enacted · Pub. L. 93-415 · 127 Stat. 529
  • 2018Amended · Pub. L. 115-267 · 132 Stat. 3760
  • 2018Amended · Pub. L. 115-267 · 132 Stat. 3760

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-415 on 2013-09-30.

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