34 U.S.C. § 10109 — Office of Audit, Assessment, and Manage-

Page 33 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10109 AMENDMENTS 2006—Subsec. (b). Pub. L. 109–271 substituted ‘‘be deobligated’’ for ‘‘revert to the Treasury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–162, title XI, § 1161(b), Jan. 5, 2006, 119 Stat. 3118, as amended by Pub. L. 109–271, § 8(n)(4)(B), Aug. 12, 2006, 120 Stat. 768, provided that: ‘‘This section [enact- ing this section] and the amendment made by this sec- tion take effect on October 1, 2006.’’ § 10109. Office of Audit, Assessment, and Manage- ment (a) Establishment (1) In general There is established within the Office an Of- fice of Audit, Assessment, and Management, headed by a Director appointed by the Attor- ney General. In carrying out the functions of the Office, the Director shall be subject to the authority, direction, and control of the Attor- ney General. Such authority, direction, and control may be delegated only to the Assist- ant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to carry out and coordinate program assessments of, take actions to ensure compliance with the terms of, and manage information with re- spect to, grants under programs covered by subsection (b). The Director shall take special conditions of the grant into account and con- sult with the office that issued those condi- tions to ensure appropriate compliance. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice, other than the In- spector General, performing functions and ac- tivities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities, other than func- tions and activities of the Inspector General, for such purpose performed immediately be- fore January 5, 2006, by any other element of the Department. (b) Covered programs The programs referred to in subsection (a) are the following: (1) The program under subchapter XVI of this chapter. (2) Any grant program carried out by the Of- fice of Justice Programs. (3) Any other grant program carried out by the Department of Justice that the Attorney General considers appropriate. (c) Program assessments required (1) In general The Director shall select grants awarded under the programs covered by subsection (b) and carry out program assessments on such grants. In selecting such grants, the Director shall ensure that the aggregate amount award- ed under the grants so selected represent not less than 10 percent of the aggregate amount of money awarded under all such grant pro- grams. (2) Relationship to NIJ evaluations This subsection does not affect the authority or duty of the Director of the National Insti- tute of Justice to carry out overall evalua- tions of programs covered by subsection (b), except that such Director shall consult with the Director of the Office in carrying out such evaluations. (3) Timing of program assessments The program assessment required by para- graph (1) of a grant selected under paragraph (1) shall be carried out— (A) not later than the end of the grant pe- riod, if the grant period is not more than 1 year; and (B) at the end of each year of the grant pe- riod, if the grant period is more than 1 year. (d) Compliance actions required The Director shall take such actions to ensure compliance with the terms of a grant as the Di- rector considers appropriate with respect to each grant that the Director determines (in con- sultation with the head of the element of the Department of Justice concerned), through a program assessment under subsection (a) or other means, is not in compliance with such terms. In the case of a misuse of more than 1 percent of the grant amount concerned, the Di- rector shall, in addition to any other action to ensure compliance that the Director considers appropriate, ensure that the entity responsible for such misuse ceases to receive any funds under any program covered by subsection (b) until such entity repays to the Attorney Gen- eral an amount equal to the amounts misused. The Director may, in unusual circumstances, grant relief from this requirement to ensure that an innocent party is not punished. (e) Grant management system The Director shall establish and maintain, in consultation with the chief information officer of the Office, a modern, automated system for managing all information relating to the grants made under the programs covered by subsection (b). (f) Availability of funds Not to exceed 3 percent of all funding made available for a fiscal year for the programs cov- ered by subsection (b) shall be reserved for the Office of Audit, Assessment and Management for the activities authorized by this section. (Pub. L. 90–351, title I, § 109, formerly § 105, as added Pub. L. 109–162, title XI, § 1158(a), Jan. 5, 2006, 119 Stat. 3114; renumbered § 109, Pub. L. 109–271, § 8(e), Aug. 12, 2006, 120 Stat. 766.) Editorial Notes REFERENCES IN TEXT January 5, 2006, referred to in subsec. (a)(3), was in the original ‘‘the date of the enactment of this Act’’ and was translated as meaning the date of enactment of Pub. L. 109–162, which enacted this section, to reflect the probable intent of Congress. CODIFICATION Section was formerly classified to section 3712h of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 34 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10110 1 See References in Text note below. Section was also formerly classified to section 3712d of Title 42 prior to renumbering by Pub. L. 109–271 and transfer to section 3712h of Title 42. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 109–162, title XI, § 1158(b), Jan. 5, 2006, 119 Stat. 3116, as amended by Pub. L. 109–271, § 8(n)(3), Aug. 12, 2006, 120 Stat. 768, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), section 109 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712d [3712h]) [now 34 U.S.C. 10109] shall take effect on April 5, 2006. ‘‘(2) CERTAIN PROVISIONS.—Subsections (c), (d), and (e) of section 109 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3712d [3712h]) [now 34 U.S.C. 10109] shall take effect on October 1, 2006.’’ § 10110. Office of Justice Programs grants, coop- erative agreements, and contracts Notwithstanding any other provision of law, during any fiscal year the Attorney General— (1) may make grants, or enter into coopera- tive agreements and contracts, for the Office of Justice Programs and the component orga- nizations of that Office (including, notwith- standing any contrary provision of law (unless the same should expressly refer to this sec- tion), any organization that administers any program established in title 1 of Public Law 90–351); 1 and (2) shall have final authority over all func- tions, including any grants, cooperative agree- ments, and contracts made, or entered into, for the Office of Justice Programs and the component organizations of that Office (in- cluding, notwithstanding any contrary provi- sion of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351).1 (Pub. L. 105–277, div. A, § 101(b) [title I, § 112], Oct. 21, 1998, 112 Stat. 2681–50, 2681–67; Pub. L. 107–56, title VI, § 614, Oct. 26, 2001, 115 Stat. 370; Pub. L. 107–273, div. A, title II, § 205(d), Nov. 2, 2002, 116 Stat. 1778.) Editorial Notes REFERENCES IN TEXT Public Law 90–351, referred to in pars. (1) and (2), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. Title 1 of Public Law 90–351 probably means title I of the Act which is classified principally to this chapter. For complete classification 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 Department of Justice Appropriations Act, 1999, and also as part of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, 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 3715 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section was also formerly classified as a note under section 3712 of Title 42 prior to transfer to section 3715 of Title 42. AMENDMENTS 2002—Pub. L. 107–273 substituted ‘‘any fiscal year the Attorney General—’’ for ‘‘fiscal year 1999, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice—’’ in introductory provi- sions. 2001—Par. (1). Pub. L. 107–56, § 614(1), inserted ‘‘(in- cluding, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that administers any program estab- lished in title 1 of Public Law 90–351)’’ after ‘‘that Of- fice’’. Par. (2). Pub. L. 107–56, § 614, inserted ‘‘functions, in- cluding any’’ after ‘‘all’’ and ‘‘(including, notwith- standing any contrary provision of law (unless the same should expressly refer to this section), any orga- nization that administers any program established in title 1 of Public Law 90–351)’’ after ‘‘that Office’’. Statutory Notes and Related Subsidiaries OFFICE OF JUSTICE PROGRAMS GRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 108(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A–20, as amended by Pub. L. 107–56, title VI, § 614, Oct. 26, 2001, 115 Stat. 370, provided that: ‘‘Notwithstanding any other provision of law, for fiscal year 2000, the Assistant Attorney General for the Office of Justice Programs of the Department of Justice— ‘‘(1) may make grants, or enter into cooperative agreements and contracts, for the Office of Justice Programs and the component organizations of that Office (including, notwithstanding any contrary pro- vision of law (unless the same should expressly refer to this section), any organization that administers any program established in title 1 of Public Law 90–351 [see References in Text note above]); and ‘‘(2) shall have final authority over all functions, including any grants, cooperative agreements and contracts made, or entered into, for the Office of Jus- tice Programs and the component organizations of that Office (including, notwithstanding any contrary provision of law (unless the same should expressly refer to this section), any organization that admin- isters any program established in title 1 of Public Law 90–351 [see References in Text note above]), ex- cept for grants made under the provisions of sections 201, 202, 301, and 302 of the Omnibus Crime Control and Safe Streets Act of 1968 [34 U.S.C. 10121, 10122, 10131, 10132], as amended; and sections 204(b)(3), 241(e)(1), 243(a)(1), 243(a)(14) and 287A(3) of the Juve- nile Justice and Delinquency Prevention Act of 1974 [34 U.S.C. 11114(b)(3) and former 42 U.S.C. 5651(e)(1), 5653(a)(1), (14), 5667d–1(3)], as amended.’’ [Pub. L. 106–553, § 1(a)(2) [title I, § 108], Dec. 21, 2000, 114 Stat. 2762, 2762A–67, provided that: ‘‘Section 108(a) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2000 (as enacted into law by section 1000(a)(1) of Public Law 106–113) [set out above] shall apply for fiscal year 2001 and thereafter.’’] § 10111. Consolidation of financial management systems of Office of Justice Programs (a) Consolidation of accounting activities and procurement activities The Assistant Attorney General of the Office of Justice Programs, in coordination with the Chief Information Officer and Chief Financial Officer of the Department of Justice, shall en- sure that— (1) all accounting activities for all elements of the Office of Justice Programs are carried out under the direct management of the Office of the Comptroller; and