34 U.S.C. § 11297 — Authorization of appropriations

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, Page 295 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 11298 102 Stat. 4461; Pub. L. 101–204, title X, § 1001(e)(3), Dec. 7, 1989, 103 Stat. 1827; Pub. L. 102–586, § 4, Nov. 4, 1992, 106 Stat. 5027; renumbered § 408, Pub. L. 103–322, title XVII, § 170303(1), Sept. 13, 1994, 108 Stat. 2043; Pub. L. 104–235, title II, § 231(a), Oct. 3, 1996, 110 Stat. 3092; Pub. L. 106–71, § 2(e), Oct. 12, 1999, 113 Stat. 1035; Pub. L. 108–21, title III, § 321(a), Apr. 30, 2003, 117 Stat. 664; Pub. L. 108–96, title II, § 202(b), Oct. 10, 2003, 117 Stat. 1172; renumbered § 407 and amended Pub. L. 110–240, §§ 4, 5(2), June 3, 2008, 122 Stat. 1563, 1564; renumbered § 408 and amended Pub. L. 113–38, § 3, Sept. 30, 2013, 127 Stat. 528; renumbered § 409, 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; Pub. L. 115–267, § 3(a), Oct. 11, 2018, 132 Stat. 3760; Pub. L. 118–65, § 2(d), June 17, 2024, 138 Stat. 1442.) Editorial Notes CODIFICATION Pub. L. 115–267, § 2(e)(1), and Pub. L. 115–393, § 202(e)(1), identically renumbered section 408 of Pub. L. 93–415 as section 409. Section was formerly classified to section 5777 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–65 substituted ‘‘$49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000’’ for ‘‘$40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000’’. 2018—Subsec. (a). Pub. L. 115–267, § 3(a), substituted ‘‘2023’’ for ‘‘2018’’. 2013—Subsec. (a). Pub. L. 113–38, § 3(1), substituted ‘‘$40,000,000 for each of the fiscal years 2014 through 2018, up to $32,200,000 of which shall be used to carry out section 5773(b) of this title for each such fiscal year.’’ for ‘‘such sums as may be necessary for fiscal years 2008 through 2013.’’ 2008—Subsec. (a). Pub. L. 110–240, § 4, which directed substitution of ‘‘2008 through 2013’’ for ‘‘2007 through 2008’’, was executed by making the substitution for ‘‘2004 through 2008’’, to reflect the probable intent of Congress. 2003—Subsec. (a). Pub. L. 108–96 substituted ‘‘2008’’ for ‘‘2005.’’ Pub. L. 108–21 substituted ‘‘fiscal years 2004 through 2005.’’ for ‘‘fiscal years 2000 through 2003’’. 1999—Subsec. (a). Pub. L. 106–71 substituted ‘‘2000 through 2003’’ for ‘‘1997 through 2001’’. 1996—Pub. L. 104–235 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘1997 through 2001’’ for ‘‘1993, 1994, 1995, and 1996’’, and added subsec. (b). 1992—Pub. L. 102–586 substituted ‘‘fiscal years 1993, 1994, 1995, and 1996’’ for ‘‘fiscal years 1989, 1990, 1991, and 1992’’. 1989—Pub. L. 101–204 amended directory language of Pub. L. 100–690, § 7289(3), see 1988 Amendment note below. 1988—Pub. L. 100–690, § 7289, as amended by Pub. L. 101–204, struck out ‘‘$10,000,000 for fiscal year 1985, and’’ after ‘‘appropriated’’ and ‘‘1986, 1987, and 1988’’ after ‘‘fiscal years’’ and inserted ‘‘1989, 1990, 1991, and 1992’’. 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. 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. § 11298. Authority of Inspectors General (a) In general An Inspector General appointed under section 403 or 415 of title 5 may authorize staff to assist the National Center for Missing and Exploited Children— (1) by conducting reviews of inactive case files to develop recommendations for further investigations; and (2) by engaging in similar activities. (b) Limitations (1) Priority An Inspector General may not permit staff to engage in activities described in subsection (a) if such activities will interfere with the du- ties of the Inspector General under chapter 4 of title 5. (2) Funding No additional funds are authorized to be ap- propriated to carry out this section. (Pub. L. 101–647, title XXXVII, § 3703, as added Pub. L. 110–344, § 9, Oct. 7, 2008, 122 Stat. 3936; amended Pub. L. 117–286, § 4(b)(59), Dec. 27, 2022, 136 Stat. 4349.) Editorial Notes CODIFICATION Section was formerly classified to section 5780a of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Section was enacted as part of the Crime Control Act of 1990, and not as part of the Missing Children’s Assist- ance Act which comprises this subchapter, nor as part of the Juvenile Justice and Delinquency Prevention Act of 1974 which comprises this chapter. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286, § 4(b)(59)(A), sub- stituted ‘‘section 403 or 415 of title 5’’ for ‘‘section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.)’’ in introductory provisions. Subsec. (b)(1). Pub. L. 117–286, § 4(b)(59)(B), substituted ‘‘chapter 4 of title 5.’’ for ‘‘the Inspector General Act of 1978 (5 U.S.C. App.).’’ SUBCHAPTER V—INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PRO- GRAMS Editorial Notes CODIFICATION Title V of the Juvenile Justice and Delinquency Pre- vention Act of 1974, comprising this subchapter, was originally added to Pub. L. 93–415 by Pub. L. 102–586, § 5(a), Nov. 4, 1992, 106 Stat. 5027, and amended by Pub. L. 105–277, Oct. 21, 1998, 112 Stat. 2681. Title V is shown herein, however, as having been added by Pub. L. 107–273, div. C, title II, § 12222(a), Nov. 2, 2002, 116 Stat. 1894, without reference to the intervening amendments because of the extensive revision of the title’s provi- sions by Pub. L. 107–273.