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

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

section 501(c)(3) of title 26For 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 and is exempt from taxation under section 501(a) of such title.

(B)

Prohibition

section 511(a) of title 26The 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 .

(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).

Pub. L. 93–415, title IV, § 408 Pub. L. 113–38, § 4Sept. 30, 2013127 Stat. 529 Pub. L. 115–267, § 2(e)(1)Oct. 11, 2018132 Stat. 3760 Pub. L. 115–393, title II, § 202(e)(1)Dec. 21, 2018132 Stat. 5271 Pub. L. 115–267, § 3(b)Oct. 11, 2018132 Stat. 3760(, formerly § 407, as added , , ; renumbered § 408, , , , and , , ; amended , , .)

Editorial Notes

Codification

Pub. L. 115–267, § 2(e)(1)Pub. L. 115–393, § 202(e)(1)section 407 of Pub. L. 93–415, and , identically renumbered as section 408.

section 5776a of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

section 408 of Pub. L. 93–415 section 11297 of this titleA prior was renumbered section 409 and is classified to .

Amendments

Pub. L. 115–267, § 3(b)2018—Par. (1). , substituted “2023” for “2018”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–267Oct. 11, 2018section 2 of Pub. L. 115–267Sept. 30, 2018section 4 of Pub. L. 115–267 section 11291 of this titleAmendment by effective , with amendment by applicable to fiscal years beginning after , see , set out as a note under .