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Code · BILL · 117th Congress · S. 5033 (Introduced in Senate) — To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant Program, and for other purposes. · Sec. 14

Sec. 14. Accountability

1,072 words·~5 min read·/bill/117/s/5033/is/section-14·

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For fiscal year 2023, and each fiscal year thereafter, all grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following accountability provisions: In this paragraph, the term unresolved audit finding means an audit report finding in the final audit 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 during the 12-month period beginning on the date on which the final audit report is issued.
Beginning in fiscal year 2023, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act 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. A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
In awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program. If an entity is awarded grant funds under this Act during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— 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 seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
For purposes of this section and the grant programs authorized under this Act, 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. The Attorney General may not award a grant under this Act to 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.
Each nonprofit organization that is awarded a grant under this Act 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 Attorney General, 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 Attorney General shall make the information disclosed under this subparagraph available for public inspection. No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, or by any individual or entity 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 funds made available to the Department of Justice, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy (as designated by the Deputy Attorney General) provides prior written authorization that the funds may be expended to host the conference, or was approved by the Attorney General through the application process and subsequent cooperative agreement award and any approved revisions.
Written approval 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. 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 conference expenditures approved under this paragraph. Beginning in fiscal year 2023, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether— all audits issued by the Office of the Inspector General under paragraph
(1)have been completed and reviewed by the appropriate Assistant Attorney General or Director; all mandatory exclusions required under paragraph (1)(C) have been issued, which includes a list of any grant recipients excluded under paragraph
(1)from the previous year; and all reimbursements required under paragraph (1)(E) have been made. Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to— lobby any representative of the Department of Justice regarding the award of grant funding; or lobby any representative of a Federal, State, local, or Tribal government regarding the award of grant funding. If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall— require the grant recipient to repay the grant in full; and prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. None of the funds provided under this Act shall be used by grant or cooperative agreement recipients as a management fee or profit for the purpose of circumventing statutory or other limitations included in the terms and conditions of the award on otherwise allowable costs, including the use of management fees or profit to purchase alcoholic beverages, entertainment, meals for non-business purposes, and membership dues for social or sporting clubs. Before the Attorney General awards a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine whether duplicate grants are awarded for the same purpose. If the Attorney General awards duplicate grants to the same applicant for the same purpose, 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 includes— a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and the reason the Attorney General awarded the duplicate grants.
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