22 U.S.C. § 4607: Procedures and records

Summary

The Institute must watch and check programs it pays for and, if needed, arrange outside reviews to make sure its law, bylaws, rules, and guidelines are followed. It must set up fair procedures so grants, contracts, or other financial help are not stopped without giving the recipient reasonable notice and a chance to explain why the action should not happen. When picking people for its activities, the Institute may count practical experience or equivalent work in peace study as well as formal qualifications. The Institute must keep accurate books and separate accounts for Federal money, keep minutes of Board and committee meetings, and keep records like the names and addresses of Board members, copies of laws and rules, applications, contracts and grants, and financial records. Accounts must be audited every year by independent accountants who are certified or licensed by a State or other U.S. authority, and auditors must be given access to the Institute’s records where they are kept. Within six months after the fiscal year ends, the Institute must send the audit to the President and both Houses of Congress, include the auditor’s opinion and financial statements, list contracts and grants requiring payments over $5,000 and any pay over $5,000 per year, make copies for the public, and follow the Freedom of Information Act (5 U.S.C. 552).

Title 22, §4607

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Monitoring and evaluation of programs

The Institute shall monitor and evaluate and provide for independent evaluation if necessary of programs supported in whole or in part under this chapter to ensure that the provisions of this chapter and the bylaws, rules, regulations, and guidelines promulgated pursuant to this chapter are adhered to.

(b)Suspension procedures

The Institute shall prescribe procedures to ensure that grants, contracts, and financial support under this chapter are not suspended unless the grantee, contractor, or person or entity receiving financial support has been given reasonable notice and opportunity to show cause why the action should not be taken.

(c)Selection considerations

In selecting persons to participate in Institute activities, the Institute may consider a person’s practical experience or equivalency in peace study and activity as well as other formal requirements.

(d)Accounts of receipts and disbursements; financial reports

The Institute shall keep correct and complete books and records of account, including separate and distinct accounts of receipts and disbursements of Federal funds. The Institute’s annual financial report shall identify the use of such funding and shall present a clear description of the full financial situation of the Institute.

(e)Minutes of proceedings

The Institute shall keep minutes of the proceedings of its Board and of any committees having authority under the Board.

(f)Record and inspection of required items

The Institute shall keep a record of the names and addresses of its Board members; copies of this chapter, of any other Acts relating to the Institute, and of all Institute bylaws, rules, regulations, and guidelines; required minutes of proceedings; a record of all applications and proposals and issued or received contracts and grants; and financial records of the Institute. All items required by this subsection may be inspected by any Board member or the member’s agent or attorney for any proper purpose at any reasonable time.

(g)Audits

The accounts of the Institute shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants, certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audit shall be conducted at the place or places where the accounts of the Institute are normally kept. All books, accounts, financial records, files, and other papers, things, and property belonging to or in use by the Institute and necessary to facilitate the audit shall be made available to the person or persons conducting the audit, and full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.

(h)Report of audit to Congress; copies for public

The Institute shall provide a report of the audit to the President and to each House of Congress no later than six months following the close of the fiscal year for which the audit is made. The report shall set forth the scope of the audit and include such statements, together with the independent auditor’s opinion of those statements, as are necessary to present fairly the Institute’s assets and liabilities, surplus or deficit, with reasonable detail, including a statement of the Institute’s income and expenses during the year, including a schedule of all contracts and grants requiring payments in excess of $5,000 and any payments of compensation, salaries, or fees at a rate in excess of $5,000 per year. The report shall be produced in sufficient copies for the public.

(i)Freedom of information provisions applicable

The Institute and its directors, officers, employees, and agents shall be subject to the provisions of section 552 of title 5 (relating to freedom of information).

Notes & Related Subsidiaries

Editorial Notes

Amendments

2003—Subsec. (g). Pub. L. 108–7 struck out “on or before December 31, 1970” after “political subdivision of the United States”.

Statutory Notes and Related Subsidiaries

Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions in subsec. (h) of this section relating to providing a report of the audit to each House of Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 207 of House Document No. 103–7.

§4607 Procedures and Records