Pub. L. 90-351, tit. I, pt. LL, sec. 3026 (as amended)
GRANT ACCOUNTABILITY.
SEC. 3026. [34 U.S.C. 10706] GRANT ACCOUNTABILITY.
(a) Definition of Applicable Committees.—In this section, the term “applicable committees” means—
(1) the Committee on the Judiciary of the Senate; and
(2) the Committee on the Judiciary of the House of Representatives.
(b) Accountability.—All grants awarded by the Attorney General under this part 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 after the date on which the final audit report is issued.
(B) Audit.—Beginning in the first fiscal year beginning after the date of enactment of this section, and in
each fiscal year thereafter, the Inspector General of the Department of
Justice shall conduct audits of recipients of grants awarded by the
Attorney General under this part 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 part that is found to have an unresolved audit finding shall
not be eligible to receive grant funds under this part during the first 2
fiscal years beginning after the end of the 12-month period described in
subparagraph (A).
(D) Priority.—In awarding grants under this part, the Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3 fiscal years
before submitting an application for a grant under this part.
(E) Reimbursement.—If an entity is awarded grant funds under this part during the 2-fiscal-year period during which
the entity is barred from receiving grants under subparagraph (C), the
Attorney General shall—
(i) deposit an amount equal to the amount of 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 and the grant programs under this part, 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.—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
may not—
(i) be party to a contract entered into under section 3021(b); or
(ii) receive a subaward under section 3021(b).
(C) Disclosure.—Each nonprofit organization that receives a subaward or is party to a contract entered into under
section 3021(b) 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, in
the application for such contract or subaward, 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 disclosed under
this subparagraph available for public inspection.
(3) Conference expenditures.—
(A) Limitation.—No amounts made available to the Attorney General under this part may be used by the Attorney
General, or by any State, unit of local government, or entity awarded a
grant, subaward, or contract under this part, to host or support any
expenditure for conferences that uses more than $20,000 in funds made
available by the Attorney General, unless the head of the relevant agency,
bureau, or program office provides prior written authorization that the
funds may be expended to host or support the conference.
(B) Written authorization.—Written authorization under subparagraph (A) shall include a written estimate of all costs
associated with the conference, including the cost of all food, beverages,
audio-visual equipment, honoraria for speakers, and entertainment.
(C) Report.—The Deputy Attorney General shall submit to the applicable committees an annual report on all
conference expenditures approved by the Attorney General under this
paragraph.
(4) Annual certification.—Beginning in the first fiscal year beginning after the date of enactment of this section, the
Attorney General shall submit to the applicable committees an annual
certification—
(A) indicating whether—
(i) all audits issued by the Inspector General of the Department of Justice under paragraph (1) have
been completed and reviewed by the appropriate Assistant Attorney General
or Director;
(ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and
(iii) all reimbursements required under paragraph (1)(E) have been made; and
(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year.
(c) Preventing Duplicative Grants.—
(1) In general.—Before the Attorney General awards a grant to an applicant under this part, the Attorney General
shall compare potential grant awards with other grants awarded under this
part by the Attorney General to determine if duplicate grant awards are
awarded for the same purpose.
(2) Report.—If the Attorney General awards duplicate grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable committees a
report that includes—
(A) a list of all duplicate grants awarded under this part, including the total dollar amount of any
duplicate grants awarded; and
(B) the reason the Attorney General awarded the duplicate grants.
- Cross-references to the US Code
- 34 U.S.C. 10706