34 U.S.C. § 10271 — Misuse of Federal assistance

Page 83 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10271 purpose of avoiding paying the tax described in section 511(a) of title 26. (C) Disclosure Each nonprofit organization that is award- ed a grant under a grant program described in this Act and uses the procedures pre- scribed in regulations to create a rebuttable presumption of reasonableness for the com- pensation of its officers, directors, trustees and key employees, shall disclose to the At- torney General, in the application for the grant, the process for determining such com- pensation, including the independent per- sons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon re- quest, the Attorney General shall make the information disclosed under this subsection available for public inspection. (7) Administrative expenses Unless otherwise explicitly provided in au- thorizing legislation, not more than 7.5 per- cent of the amounts authorized to be appro- priated under this Act may be used by the At- torney General for salaries and administrative expenses of the Department of Justice. (8) Conference expenditures (A) Limitation 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 organization awarded dis- cretionary 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, un- less the Deputy Attorney General or the ap- propriate Assistant Attorney General, Direc- tor, or principal deputy as the Deputy Attor- ney General may designate, provides prior written authorization 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, audio/vis- ual 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 Representa- tives on all conference expenditures ap- proved by operation of this paragraph. (9) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to— (i) lobby any representative of the De- partment of Justice regarding the award of grant funding; or (ii) lobby any representative of a Fed- eral, State, local, or tribal government re- garding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from re- ceiving another grant under this Act for not less than 5 years. (10) Preventing duplicative grants (A) In general Before the Attorney General awards a grant to an applicant under this Act, the At- torney General shall compare potential grant awards with other grants awarded under this Act to determine whether dupli- cate grants are awarded for the same pur- pose. (B) Report 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— (i) a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and (ii) the reason the Attorney General awarded the duplicate grants. (Pub. L. 114–324, § 15, Dec. 16, 2016, 130 Stat. 1959.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 114–324, Dec. 16, 2016, 130 Stat. 1948, known as the Justice for All Re- authorization Act of 2016. For complete classification of this Act to the Code, see Short Title of 2016 Act note set out under section 10101 of this title and Tables. CODIFICATION This section was enacted as part of the Justice for All Reauthorization 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 3793c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER X—CRIMINAL PENALTIES § 10271. Misuse of Federal assistance Whoever embezzles, willfully misapplies, steals, or obtains by fraud or endeavors to em- bezzle, willfully misapply, steal, or obtain by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance pursuant to this chapter, whether received directly or indirectly from the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, the Bureau of Justice Statistics, or whoever receives, con- ceals, or retains such funds, assets or property with intent to convert such funds, assets or property to his use or gain, knowing such funds, assets, or property has been embezzled, willfully misapplied, stolen or obtained by fraud, shall be Page 84 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10272 fined not more than $10,000 or imprisoned for not more than five years, or both. (Pub. L. 90–351, title I, § 1101, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98–473, title II, § 609E(a), Oct. 12, 1984, 98 Stat. 2097.) Editorial Notes CODIFICATION Section was formerly classified to section 3795 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 1101 of Pub. L. 90–351, title VI, June 19, 1968, 82 Stat. 236, is classified as a note under section 532 of Title 28, Judiciary and Judicial Procedure. AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘Office of Justice Programs, Bureau of Justice Assistance’’ for ‘‘Law En- forcement Assistance Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Ef- fective Date note under section 10101 of this title. § 10272. Falsification or concealment of facts Whoever knowingly and willfully falsifies, conceals, or covers up by trick, scheme, or de- vice, any material fact in any application for as- sistance submitted pursuant to this chapter or in any records required to be maintained pursu- ant to this chapter shall be subject to prosecu- tion under the provisions of section 1001 of title 18. (Pub. L. 90–351, title I, § 1102, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1219.) Editorial Notes CODIFICATION Section was formerly classified to section 3795a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS Provisions similar to this section were contained in former section 3792 of Title 42, The Public Health and Welfare, prior to the general amendment of this chap- ter by Pub. L. 96–157. § 10273. Conspiracy to commit offense against United States Any law enforcement or criminal justice pro- gram or project underwritten, in whole or in part, by any grant, or contract or other form of assistance pursuant to this chapter, whether re- ceived directly or indirectly from the Office of Justice Programs, Bureau of Justice Assistance, the National Institute of Justice, or the Bureau of Justice Statistics shall be subject to the pro- visions of section 371 of title 18. (Pub. L. 90–351, title I, § 1103, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1219; amended Pub. L. 98–473, title II, § 609E(b), Oct. 12, 1984, 98 Stat. 2098.) Editorial Notes CODIFICATION Section was formerly classified to section 3795b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS Provisions similar to this section were contained in former section 3793 of Title 42, The Public Health and Welfare, prior to the general amendment of this chap- ter by Pub. L. 96–157. AMENDMENTS 1984—Pub. L. 98–473 substituted ‘‘Office of Justice Programs, Bureau of Justice Assistance’’ for ‘‘Law En- forcement Assistance Administration’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–473 effective Oct. 12, 1984, see section 609AA(a) of Pub. L. 98–473, set out as an Ef- fective Date note under section 10101 of this title. SUBCHAPTER XI—PUBLIC SAFETY OFFICERS’ DEATH BENEFITS PART A—DEATH BENEFITS § 10281. Payment of death benefits (a) Amount; recipients In any case in which the Bureau of Justice As- sistance (hereinafter in this subchapter referred to as the ‘‘Bureau’’) determines, under regula- tions issued pursuant to this subchapter, that a public safety officer has died as the direct and proximate result of a personal injury sustained in the line of duty, a benefit of $250,000, adjusted in accordance with subsection (h), and cal- culated in accordance with subsection (i), shall be payable by the Bureau, as follows (if the payee indicated is living on the date on which the determination is made)— (1) if there is no child who survived the pub- lic safety officer, to the surviving spouse of the public safety officer; (2) if there is at least 1 child who survived the public safety officer and a surviving spouse of the public safety officer, 50 percent to the surviving child (or children, in equal shares) and 50 percent to the surviving spouse; (3) if there is no surviving spouse of the pub- lic safety officer, to the surviving child (or children, in equal shares); (4) if there is no surviving spouse of the pub- lic safety officer and no surviving child— (A) to the surviving individual (or individ- uals, in shares per the designation, or, other- wise, in equal shares) designated by the pub- lic safety officer to receive benefits under this subsection in the most recently exe- cuted designation of beneficiary of the pub- lic safety officer on file at the time of death with the public safety agency, organization, or unit; or (B) if there is no individual qualifying under subparagraph (A), to the surviving in- dividual (or individuals, in equal shares) des- ignated by the public safety officer to re- ceive benefits under the most recently exe- cuted life insurance policy of the public safe-