Pub. L. 101-647, tit. II, subtit. A, sec. 214C (as amended)
ACCOUNTABILITY.
SEC. 214C. [34 U.S.C. 20307] ACCOUNTABILITY.
(a) In General.—All grants awarded
by the Administrator under this subtitle shall be subject to the following accountability provisions:
(1) Audit
requirement.—
(A) Definition.—In
this paragraph, the term “unresolved audit finding” means a finding
in the final audit report of the Inspector General of the
Department of Justice
that the audited grantee has utilized grant funds for an
unauthorized
expenditure or otherwise unallowable cost that is not closed or
resolved within
12 months from the date when the final audit report is issued and
any appeal
has been completed.
(B) Audit.—The
Inspector General of the Department of Justice shall conduct audits
of
recipients of grants under this subtitle to prevent waste, fraud,
and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number
of grantees to be audited each year.
(C) Mandatory
exclusion.—A recipient of grant funds under this subtitle that is
found to have an unresolved audit finding shall not be eligible to
receive
grant funds under this subtitle during the following 2 fiscal
years.
(D) Priority.—In
awarding grants under this subtitle, the Administrator shall give
priority to
eligible entities that did not have an unresolved audit finding
during the 3
fiscal years prior to submitting an application for a grant under
this
subtitle.
(E) Reimbursement.—If
an entity is awarded grant funds under this subtitle during the
2-fiscal-year
period in which the entity is barred from receiving grants under
paragraph (2),
the Administrator shall—
(i) deposit an amount
equal to the grant funds that were improperly awarded to the
grantee into the
General Fund of the Treasury; and
(ii) seek to recoup
the costs of the repayment to the fund from the grant recipient
that was
erroneously awarded grant funds.
(2) Nonprofit
organization requirements.—
(A) Definition.—For
purposes of this paragraph, the term “nonprofit organization” means
an organization that is described in section 501(c)(3) of the
Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a) of
such
Code.
(B) Prohibition.—The
Administrator may not award a grant under any grant program
described in this
subtitle to a nonprofit organization that holds money in offshore
accounts for
the purpose of avoiding paying the tax described in section 511(a)
of the
Internal Revenue Code of 1986.
(C) Disclosure.—Each
nonprofit organization that is awarded a grant under this subtitle
and uses the
procedures prescribed in regulations to create a rebuttable
presumption of
reasonableness for the compensation of its officers, directors,
trustees and
key employees, shall disclose to the Administrator, in the
application for the
grant, 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 Administrator shall make the
information
disclosed under this subparagraph available for public inspection.
(3) Conference
expenditures.—
(A) Limitation.—No
amounts authorized to be appropriated to the Department of Justice
under this
subtitle may be used by the Administrator, or by any individual or
organization
awarded discretionary funds through a cooperative agreement under
this Act, to
host or support any expenditure for conferences that uses more than
$20,000 in
Department funds, unless the Deputy Attorney General or such
Assistant Attorney
Generals, Directors, or principal deputies as the Deputy Attorney
General may
designate, including the Administrator, provides prior written
authorization
through an award process or subsequent application 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, audiovisual 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 and the Committee on the Judiciary of the
House of
Representatives on all approved conference expenditures referenced
in this
paragraph.
(b) Reporting.—Not later than March 1 of each year, the Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House of
Representatives a report that—
(1) summarizes the efforts of the Administrator to monitor and
evaluate the regional children's advocacy program activities under section
213(d);
(2) describes—
(A) the method by which amounts are allocated to grantees and subgrantees under this subtitle,
including to local
children’s advocacy centers, State chapters, and regional children’s
advocacy program centers;
and
(B) steps the Attorney General has taken to minimize duplication and overlap in the awarding of amounts
under this subtitle; and
(3) analyzes the extent to which both rural and urban populations are served under
the regional children’s advocacy program.
- Cross-references to the US Code
- 34 U.S.C. 20307