PRIA, Government Policy, Made Personal

Summary

All grants under this law must follow rules for audits, nonprofit checks, conference spending, and yearly reports. The Inspector General of the Department of Justice will audit grantees and set how many audits happen each year. An "unresolved audit finding" is when the Inspector General’s final audit shows grant money was spent wrongly and it is not fixed within 12 months after the final report and any appeals. Any grantee with an unresolved audit finding cannot get grants under this law for the next 2 fiscal years. The Administrator must favor applicants who had no unresolved audit finding in the 3 fiscal years before they apply. If funds are wrongly given during that 2-year bar, the Administrator must put the same amount into the General Fund of the Treasury and try to get that money back from the grantee. A "nonprofit organization" here means a group that is tax-exempt under section 501(c)(3) and 501(a) of title 26. Nonprofits that use offshore accounts to avoid the tax in section 511(a) of title 26 cannot receive grants. Nonprofits that use a formal method to justify leader pay must explain that process, list who reviewed it, show the pay comparisons used, and keep records of the decision; the Administrator will share that information on request. No Department funds may pay for a conference that costs more than $20,000 unless the Deputy Attorney General (or a designated senior official) gives written approval with a full cost estimate. The Deputy Attorney General must report all such approved conference spending each year to the Senate and House Judiciary Committees. By March 1 each year, the Attorney General must send those Committees a report that summarizes how the Administrator monitors regional children’s advocacy work, explains how money is allocated to grantees and subgrantees (including local centers, State chapters, and regional centers), describes steps to avoid overlap, and analyzes service to rural and urban populations.

Title 34, §20307

Navy, Source: USLM XML via OLRC

(a)In general

All grants awarded by the Administrator under this subchapter 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 subchapter 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 subchapter that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subchapter during the following 2 fiscal years.

(D)Priority

In awarding grants under this subchapter, 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 subchapter.

(E)Reimbursement

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

(B)Prohibition

The Administrator may not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26.

(C)Disclosure

Each nonprofit organization that is awarded a grant under this subchapter 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 subchapter 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 20303(d) of this title;

(2)describes—

(A)the method by which amounts are allocated to grantees and subgrantees under this subchapter, 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 subchapter; and

(3)analyzes the extent to which both rural and urban populations are served under the regional children’s advocacy program.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in subsec. (a)(3)(A), probably means the Victims of Child Abuse Act of 1990, title II of Pub. L. 101–647, Nov. 29, 1990, 104 Stat. 4792, which is classified principally to this chapter. For complete classification of title II to the Code, see

Short Title

of 1990 Act note set out under section 10101 of this title and Tables. Codification Section was formerly classified to section 13005 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2019—Pub. L. 115–424 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

§20307 Accountability