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34 U.S.C. § 60505 — Audit and accountability of grantees

submitted 8 years ago by Pub. L. 115-391 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 615 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section makes sure grant money under certain justice grant programs is not wasted or misused. The Justice Department must audit grantees yearly and cut off funds for unresolved findings or offshore tax dodges. Grantees that lobby for their own grants must repay the money and lose eligibility for five years.

(a) Definitions. This section defines four terms. A "covered grant program" means the grant programs under section 60511, 60521, or 60531 of this title, as amended by this Act. A "covered grantee" means anyone who receives a grant from a covered grant program. "Nonprofit" means an organization described in section 501(c)(3) of title 26 (the tax code) that is exempt from tax under section 501(a) of that title. An "unresolved audit finding" means a finding in a final audit report from the Department of Justice's Inspector General that says a covered grantee spent grant money on something unauthorized or otherwise not allowed — and that finding was not closed or resolved within the 12 months before the final report was issued.

(b) Audit requirement. Starting in fiscal year 2019, and every year after that, the Department of Justice's Inspector General must audit covered grantees to stop waste, fraud, and abuse of grant funds. The Inspector General decides how many grantees to audit each year.

(c) Mandatory exclusion. If an audit finds a grantee has an unresolved audit finding, that grantee cannot receive money from the same covered grant program in the fiscal year right after the year the finding relates to.

(d) Reimbursement. If a grantee is still awarded funds during that one-year ineligible period, the Attorney General must: (1) put an amount equal to the improperly awarded funds into the Treasury's General Fund; and (2) try to recover the cost of that repayment from the grantee who wrongly got the money.

(e) Priority of grant awards. When awarding grants, the Attorney General must give priority to applicants who have not had an unresolved audit finding in the two years before they applied.

(f) Nonprofit requirements. (1) Prohibition: A nonprofit that keeps money in offshore accounts to avoid the tax described in section 511(a) of title 26 cannot receive any covered grant program funds, directly or indirectly. (2) Disclosure: Any nonprofit covered grantee must disclose, in its grant application, how much it pays its officers, directors, and trustees, and explain the criteria it used to set that pay.

(g) Prohibition on lobbying activity. (1) In general: A covered grantee cannot use covered grant program money to lobby a Department of Justice representative about awarding grant funding, or to lobby any federal, state, local, or tribal government representative about awarding grant funding. (2) Penalty: If the Attorney General finds a grantee broke this rule, the Attorney General must make the grantee repay the full grant, and must bar that grantee from receiving another grant under the same program for at least five years starting on the date of the violation.

the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section—

(1)

the term “covered grant program” means grants awarded under section 60511, 60521, or 60531 of this title, as amended by this title; 1

(2)

the term “covered grantee” means a recipient of a grant from a covered grant program;

(3)

the term “nonprofit”, when used with respect to an organization, means an organization that is described in section 501(c)(3) of title 26, and is exempt from taxation under section 501(a) of such title; and

(4)

the term “unresolved audit finding” means an audit report finding in a final audit report of the Inspector General of the Department of Justice that a covered grantee has used grant funds awarded to that grantee under a covered grant program for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved during a 12-month period prior to the date on which the final audit report is issued.

(b) Audit requirement

Beginning in fiscal year 2019, and annually thereafter, the Inspector General of the Department of Justice shall conduct audits of covered grantees to prevent waste, fraud, and abuse of funds awarded under covered grant programs. The Inspector General shall determine the appropriate number of covered grantees to be audited each year.

(c) Mandatory exclusion

A grantee that is found to have an unresolved audit finding under an audit conducted under subsection (b) may not receive grant funds under a covered grant program in the fiscal year following the fiscal year to which the finding relates.

(d) Reimbursement

If a covered grantee is awarded funds under the covered grant program from which it received a grant award during the 1-fiscal-year period during which the covered grantee is ineligible for an allocation of grant funds under subsection (c), the Attorney General shall—

(1)

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

(2)

seek to recoup the costs of the repayment to the Fund from the covered grantee that was improperly awarded the grant funds.

(e) Priority of grant awards

The Attorney General, in awarding grants under a covered grant program shall give priority to eligible entities that during the 2-year period preceding the application for a grant have not been found to have an unresolved audit finding.

(f) Nonprofit requirements
(1) Prohibition

A nonprofit organization that holds money in offshore accounts for the purpose of avoiding the tax described in section 511(a) of title 26, shall not be eligible to receive, directly or indirectly, any funds from a covered grant program.

(2) Disclosure

Each nonprofit organization that is a covered grantee shall disclose in its application for such a grant, as a condition of receipt of such a grant, the compensation of its officers, directors, and trustees. Such disclosure shall include a description of the criteria relied on to determine such compensation.

(g) Prohibition on lobbying activity
(1) In general

Amounts made available under a covered grant program may not be used by any covered grantee to—

(A)

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

(B)

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

(2) Penalty

If the Attorney General determines that a covered grantee has violated paragraph (1), the Attorney General shall—

(A)

require the covered grantee to repay the grant in full; and

(B)

prohibit the covered grantee from receiving a grant under the covered grant program from which it received a grant award during at least the 5-year period beginning on the date of such violation.

Source credit: (Pub. L. 115–391, title V, § 503, Dec. 21, 2018, 132 Stat. 5232.)

history & why it existsrecord from the source credit
  • 2018Enacted · Pub. L. 115-391 · 132 Stat. 5232

A history note hasn’t been published yet. The record shows enactment by Pub. L. 115-391 on 2018-12-21.

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