34 U.S.C. § 10706 — Grant accountability

Page 213 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10706 L. 117–328, div. FF, title I, § 1114(2), Dec. 29, 2022, 136 Stat. 5647. CODIFICATION Section was formerly classified to section 3797ff–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10706. Grant accountability (a) Definition of applicable committees In this section, the term ‘‘applicable commit- tees’’ means— (1) the Committee on the Judiciary of the Senate; and (2) the Committee on the Judiciary of the House of Representatives. (b) Accountability All grants awarded by the Attorney General under this subchapter shall be subject to the fol- lowing 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 unau- thorized expenditure or otherwise unallow- able cost that is not closed or resolved with- in 12 months after the date on which the final audit report is issued. (B) Audit Beginning in the first fiscal year beginning after July 22, 2016, and in each fiscal year thereafter, the Inspector General of the De- partment of Justice shall conduct audits of recipients of grants awarded by the Attorney General 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 au- dited each year. (C) Mandatory exclusion A recipient of grant funds under this sub- chapter that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subchapter during the first 2 fiscal years beginning after the end of the 12-month period described in subpara- graph (A). (D) Priority In awarding grants under this subchapter, the Attorney General shall give priority to eligible applicants that did not have an un- resolved audit finding during the 3 fiscal years before 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 pe- riod during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— (i) deposit an amount equal to the amount of the grant funds that were im- properly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repay- ment to the fund from the grant recipient that was erroneously awarded grant funds. (2) Nonprofit organization requirements (A) Definition For purposes of this paragraph and the grant programs under this subchapter, the term ‘‘nonprofit organization’’ means an or- ganization that is described in section 501(c)(3) of title 26 and is exempt from tax- ation under section 501(a) of such title. (B) Prohibition 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 may not— (i) be party to a contract entered into under section 10701(b) of this title; or (ii) receive a subaward under section 10701(b) of this title. (C) Disclosure Each nonprofit organization that receives a subaward or is party to a contract entered into under section 10701(b) of this title and uses the procedures prescribed in regulations to create a rebuttable presumption of rea- sonableness for the compensation of its offi- cers, directors, trustees, and key employees, shall disclose, in the application for such contract or subaward, the process for deter- mining such compensation, including the independent persons involved in reviewing and approving such compensation, the com- parability data used, and contemporaneous substantiation of the deliberation and deci- sion. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public in- spection. (3) Conference expenditures (A) Limitation No amounts made available to the Attor- ney General under this subchapter may be used by the Attorney General, or by any State, unit of local government, or entity awarded a grant, subaward, or contract under this subchapter, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Attorney General, unless the head of the relevant agency, bureau, or program office provides prior written authorization that the funds may be expended to host or sup- port the conference. (B) Written authorization Written authorization under subparagraph (A) shall include a written estimate of all costs associated with the conference, includ- ing the cost of all food, beverages, audio-vis- ual equipment, honoraria for speakers, and entertainment. (C) Report The Deputy Attorney General shall submit to the applicable committees an annual re- port on all conference expenditures approved by the Attorney General under this para- graph. Page 214 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10707 (4) Annual certification Beginning in the first fiscal year beginning after July 22, 2016, the Attorney General shall submit to the applicable committees an an- nual certification— (A) indicating whether— (i) all audits issued by the Inspector Gen- eral of the Department of Justice under paragraph (1) have been completed and re- viewed by the appropriate Assistant Attor- ney General or Director; (ii) all mandatory exclusions required under paragraph (1)(C) have been issued; and (iii) all reimbursements required under paragraph (1)(E) have been made; and (B) that includes a list of any grant recipi- ents excluded under paragraph (1) from the previous year. (c) Preventing duplicative grants (1) In general Before the Attorney General awards a grant to an applicant under this subchapter, the At- torney General shall compare potential grant awards with other grants awarded under this subchapter by the Attorney General to deter- mine if duplicate grant awards are awarded for the same purpose. (2) Report If the Attorney General awards duplicate grants under this subchapter to the same ap- plicant for the same purpose, the Attorney General shall submit to the applicable com- mittees a report that includes— (A) a list of all duplicate grants awarded under this subchapter, including the total dollar amount of any duplicate grants awarded; and (B) the reason the Attorney General awarded the duplicate grants. (Pub. L. 90–351, title I, § 3026, as added Pub. L. 114–198, title VII, § 701(a), July 22, 2016, 130 Stat. 735.) Editorial Notes CODIFICATION Section was formerly classified to section 3797ff–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10707. Evaluation of performance of Depart- ment of Justice programs (1) Evaluation of Justice Department Com- prehensive Opioid Abuse Grant Program Not later than 5 years after July 22, 2016, the Attorney General shall complete an evaluation of the effectiveness of the Comprehensive Opioid Abuse Grant Program under part LL of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10701 et seq.] administered by the Department of Justice based upon the infor- mation reported under paragraph (4). (2) Interim evaluation Not later than 3 years after July 22, 2016, the Attorney General shall complete an interim evaluation assessing the nature and extent of the incidence of opioid abuse and illegal opioid distribution in the United States. (3) Metrics and outcomes for evaluation Not later than 180 days after July 22, 2016, the Attorney General shall identify outcomes that are to be achieved by activities funded by the Comprehensive Opioid Abuse Grant Program and the metrics by which the achievement of such outcomes shall be determined. (4) Metrics data collection The Attorney General shall require grantees under the Comprehensive Opioid Abuse Grant Program (and those receiving subawards under section 3021(b) of part LL of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10701(b)]) to collect and annually re- port to the Department of Justice data based upon the metrics identified under paragraph (3). (5) Publication of data and findings (A) Publication of outcomes and metrics The Attorney General shall, not later than 30 days after completion of the requirement under paragraph (3), publish the outcomes and metrics identified under that paragraph. (B) Publication of evaluation In the case of the interim evaluation under paragraph (2), and the final evaluation under paragraph (1), the entity conducting the eval- uation shall, not later than 90 days after such an evaluation is completed, publish the results of such evaluation and issue a report on such evaluation to the Committee on the Judiciary of the House of Representatives and the Com- mittee on the Judiciary of the Senate. Such report shall also be published along with the data used to make such evaluation. (6) Independent evaluation For purposes of paragraphs (1), (2), and (3), the Attorney General shall— (A) enter into an arrangement with the Na- tional Academy of Sciences; or (B) enter into a contract or cooperative agreement with an entity that is not an agen- cy of the Federal Government, and is qualified to conduct and evaluate research pertaining to opioid use and abuse, and draw conclusions about overall opioid use and abuse on the basis of that research. (Pub. L. 114–198, title VII, § 701(b), July 22, 2016, 130 Stat. 737.) Editorial Notes REFERENCES IN TEXT The Omnibus Crime Control and Safe Streets Act of 1968, referred to in par. (1), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197. Part LL of title I of the Act is classi- fied generally to this subchapter. For complete classi- fication of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of title I of the Omnibus Crime Control and Safe Streets Act of 1968 which comprises this chapter. Section was formerly classified to section 3797ff–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.