34 U.S.C. § 11296 — Oversight and accountability

Page 293 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11296 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–690 effective Oct. 1, 1988, see section 7296(a) of Pub. L. 100–690, set out as a note under section 11101 of this title. § 11295a. Reporting (a) Required reporting As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall, based solely on reports received by the grantee and not involving any data collection by the grantee other than those reports, annually pro- vide to the Administrator and make available to the general public, as appropriate— (1) the number of children nationwide who are reported to the grantee as missing; (2) the number of children nationwide who are reported to the grantee as victims of non- family abductions; (3) the number of children nationwide who are reported to the grantee as victims of fam- ily abductions; (4) the number of missing children recovered nationwide whose recovery was reported to the grantee; (5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care; (6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was re- ported to the grantee; and (7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking. (b) Incidence of attempted child abductions As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall— (1) track the incidence of attempted child abductions in order to identify links and pat- terns; (2) provide such information to law enforce- ment agencies; and (3) make such information available to the general public, as appropriate. (c) Criteria for forensic partnerships As a condition of receiving funds under section 11293(b) of this title, the grant recipient shall annually provide to the Administrator and make available to the general public, as appro- priate, the criteria and processes the grantee uses to establish forensic partnerships and rec- ommend forensic resources to law enforcement and shall annually review these forensic part- nerships and forensic referrals against the cri- teria and review new advancements in tech- nology. (Pub. L. 93–415, title IV, § 407, as added Pub. L. 115–267, § 2(e)(2), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, § 202(e)(2), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 118–65, § 2(c), June 17, 2024, 138 Stat. 1442.) Editorial Notes CODIFICATION Pub. L. 115–267 and Pub. L. 115–393 enacted identical sections. PRIOR PROVISIONS A prior section 407 of Pub. L. 93–415 was renumbered section 408 and is classified to section 11296 of this title. Another prior section 407 of title IV of Pub. L. 93–415, as added Pub. L. 103–322, title XVII, § 170303(2), Sept. 13, 1994, 108 Stat. 2043, established the Missing and Ex- ploited Children’s Task Force, prior to repeal by Pub. L. 110–240, § 5(1), June 3, 2008, 122 Stat. 1564. AMENDMENTS 2024—Subsec. (a)(5) to (7). Pub. L. 118–65, § 2(c)(1), added pars. (5) to (7). Subsec. (c). Pub. L. 118–65, § 2(c)(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 11, 2018, and applicable to fiscal years beginning after Sept. 30, 2018, see section 4 of Pub. L. 115–267, set out as an Effective Date of 2018 Amendment note under section 11291 of this title. § 11296. Oversight and accountability All grants awarded by the Department of Jus- tice that are authorized under this subchapter shall be subject to the following: (1) Audit requirement For 2 of the fiscal years in the period of fis- cal years 2014 through 2023, the Inspector Gen- eral of the Department of Justice shall con- duct audits of the recipient of grants under this subchapter to prevent waste, fraud, and abuse by the grantee. (2) Mandatory exclusion If the recipient of grant funds under this subchapter is found to have an unresolved audit finding, then that entity shall not be eli- gible to receive grant funds under this sub- chapter during the 2 fiscal years beginning after the 12-month period described in para- graph (4). (3) Repayment of grant funds If an entity is awarded grant funds under this subchapter during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney Gen- eral shall— (A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treas- ury; and (B) seek to recoup the costs of the repay- ment to the fund from the grant recipient that was erroneously awarded grant funds. (4) Defined term In this section, the term ‘‘unresolved audit finding’’ means an audit report finding in the final report of the Inspector General of the De- partment of Justice that the grantee has uti- lized grant funds for an unauthorized expendi- ture or otherwise unallowable cost that is not closed or resolved within a 12-month period be- ginning on the date when the final audit re- port is issued. (5) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this subchapter, the Page 294 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11297 term ‘‘nonprofit’’, relating to an entity, means the entity 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 The Attorney General shall not award a grant under any grant program described in this subchapter to a nonprofit organization that holds money in off-shore accounts for the purpose of avoiding paying the tax de- scribed in section 511(a) of title 26. (C) Disclosure Each nonprofit organization that is award- ed a grant under this subchapter and uses the procedures prescribed in regulations under section 53.4958–6 of title 26 of the Code of Federal Regulations to create a rebut- table presumption of reasonableness of the compensation for its officers, directors, trustees and key employees, shall disclose to the Attorney General 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 available for public inspection. (6) Conference expenditures (A) Limitation No amounts authorized to be appropriated under this subchapter may be used to host or support any expenditure for conferences that uses more than $20,000 unless the Deputy At- torney General or the appropriate Assistant Attorney General, Director, or principal dep- uty director as the Deputy Attorney General may designate, provides prior written au- thorization 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, the Committee on the Judiciary of the House of Representa- tives, and the Committee on Education and the Workforce of the House of Representa- tives on all conference expenditures ap- proved by operation of this paragraph. (7) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this subchapter may not be utilized by any grant recipient to— (i) lobby any representative of the De- partment of Justice regarding the award of any 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 sub- chapter 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 sub- chapter for not less than 5 years. (C) Clarification For purposes of this paragraph, submitting an application for a grant under this sub- chapter shall not be considered lobbying ac- tivity in violation of subparagraph (A). (Pub. L. 93–415, title IV, § 408, formerly § 407, as added Pub. L. 113–38, § 4, Sept. 30, 2013, 127 Stat. 529; renumbered § 408, Pub. L. 115–267, § 2(e)(1), Oct. 11, 2018, 132 Stat. 3760, and Pub. L. 115–393, title II, § 202(e)(1), Dec. 21, 2018, 132 Stat. 5271; amended Pub. L. 115–267, § 3(b), Oct. 11, 2018, 132 Stat. 3760.) Editorial Notes CODIFICATION Pub. L. 115–267, § 2(e)(1), and Pub. L. 115–393, § 202(e)(1), identically renumbered section 407 of Pub. L. 93–415 as section 408. Section was formerly classified to section 5776a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 408 of Pub. L. 93–415 was renumbered section 409 and is classified to section 11297 of this title. AMENDMENTS 2018—Par. (1). Pub. L. 115–267, § 3(b), substituted ‘‘2023’’ for ‘‘2018’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–267 effective Oct. 11, 2018, with amendment by section 2 of Pub. L. 115–267 applica- ble to fiscal years beginning after Sept. 30, 2018, see sec- tion 4 of Pub. L. 115–267, set out as a note under section 11291 of this title. § 11297. Authorization of appropriations (a) In general To carry out the provisions of this subchapter, there are authorized to be appropriated $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000 of which shall be used to carry out section 11293(b) of this title for each such fiscal year. (b) Evaluation The Administrator may use not more than 5 percent of the amount appropriated for a fiscal year under subsection (a) to conduct an evalua- tion of the effectiveness of the programs and ac- tivities established and operated under this sub- chapter. (Pub. L. 93–415, title IV, § 409, formerly § 408, as added Pub. L. 98–473, title II, § 660, Oct. 12, 1984, 98 Stat. 2129; renumbered § 407 and amended Pub. L. 100–690, title VII, §§ 7289, 7290(a), Nov. 18, 1988,