Sec. 7. Audits and penalties
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/bill/116/hr/6918/ih/section-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after a grant is awarded under the Program, the Inspector General of the Department of Treasury (in this section referred to as the Inspector General ) shall audit the grant recipient to determine— the amount of loss of revenue the grant recipient experienced as a result of COVID–19; and whether any instance of overpayment occurred with respect to the grant. Except as provided in paragraph (2), a grant recipient under the Program shall be required to repay to the Department of Treasury (on a no-interest basis and by a date determined by the Secretary that is not later than five years after the date on which the Secretary terminates the Program) the total amount of grant funds received under the Program if, as a result of an audit conducted under subsection (a), the Inspector General determines— in the case of a grant recipient that is not a new employer, that the grant recipient did not experience a decline in gross receipts, during a calendar year after receiving the grant, in an amount that was at least 10 percent of the gross receipts of the employer for 2019; or in the case of a grant recipient that is a new employer, that the grant recipient did not experience a decline in gross receipts, during a period that corresponds with the period for which the new employer had most recently filed employment tax information with the Secretary prior to submitting the grant application under section 2(c), in an amount that was at least 10 percent of the gross receipts of the new employer for such period.
A grant recipient that was determined eligible for a grant under the Program pursuant to section 2(b)(1)(B) shall not be subject to this subsection. If, as a result of an audit conducted under subsection (a), the Inspector General determines that an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such non-disclosure the individual has received an amount under the Program to which the individual was not entitled— the Inspector General shall notify the individual of such determination; and the individual— shall be ineligible for subsequent grants under the Program; and shall be required to repay to the Department of Treasury the amount to which the individual was not entitled by a date determined by the Secretary that is not later than two years after the date on which the Secretary terminates the Program.
If, as a result of an audit conducted under subsection (a), the Inspector General determines that an individual has received an amount under the Program to which the individual was not entitled as the result of an action that is not specified in paragraph (1)— the Inspector General shall notify the individual of such determination; and the individual shall be required to repay to the Department of Treasury, on a no-interest basis, the amount to which the individual was not entitled by the date that is not later than two years after the date on which the Inspector General notified the individual under subparagraph (A).