2014 US Code
Title 42 - The Public Health and Welfare (Sections 1 - 18445)
Chapter 72 - Juvenile Justice and Delinquency Prevention (Sections 5601 - 5792a)
Subchapter IV - Missing Children (Sections 5771 - 5780a)
Sec. 5776a - Oversight and accountability
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 42 - THE PUBLIC HEALTH AND WELFARE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 72 - JUVENILE JUSTICE AND DELINQUENCY PREVENTION SUBCHAPTER IV - MISSING CHILDREN Sec. 5776a - Oversight and accountability |
Contains | section 5776a |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 93-415, title IV, §407, as added Pub. L. 113-38, §4, Sept. 30, 2013, 127 Stat. 529. |
Statutes at Large References | 108 Stat. 2043 122 Stat. 1564 127 Stat. 529 |
Public and Private Laws | Public Law 93-415, Public Law 103-322, Public Law 110-240, Public Law 113-38 |
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All grants awarded by the Department of Justice that are authorized under this subchapter shall be subject to the following:
(1) Audit requirementFor 2 of the fiscal years in the period of fiscal years 2014 through 2018, 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 exclusionIf 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 fundsIf 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 termIn 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) DefinitionFor 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) ProhibitionThe 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) DisclosureEach 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) LimitationNo 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 approvalWritten 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) ReportThe 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 generalAmounts 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) PenaltyIf 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) ClarificationFor 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, §407, as added Pub. L. 113–38, §4, Sept. 30, 2013, 127 Stat. 529.)
PRIOR PROVISIONSA prior section 5776a, Pub. L. 93–415, title IV, §407, as added Pub. L. 103–322, title XVII, §170303(2), Sept. 13, 1994, 108 Stat. 2043, established the Missing and Exploited Children's Task Force, prior to repeal by Pub. L. 110–240, §5(1), June 3, 2008, 122 Stat. 1564.
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