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Full Text of this Amendment
SA 789. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill H.R. 2112, making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2012, and for other purposes; which was ordered to lie on the table; as follows:
After section 217 of title II of division B, insert the following:
Sec. 218. (a) Oversight of Department of Justice Programs.--All grants awarded by the Attorney General using funds made available under this Act shall be subject to the following accountability provisions:
(1) AUDIT REQUIREMENT.--Beginning in fiscal year 2012, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct an audit of not fewer than 10 percent of all recipients of grants using funds made available under this Act to prevent waste, fraud, and abuse of funds by grantees.
(2) MANDATORY EXCLUSION.--A recipient of a grant awarded by the Attorney General using funds made available under this Act that is found to have an unresolved audit finding shall not be eligible to receive any grant funds under a grant program administered by the Attorney General during the 2 fiscal years beginning after the 6-month period described in paragraph (5).
(3) PRIORITY.--In awarding grants using funds made available under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program.
(4) REIMBURSEMENT.--If an entity is awarded grant funds by the Attorney General using funds made available under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall--
(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(5) DEFINED TERM.--In this subsection, the term "unresolved audit finding" means an audit report finding, statement, or recommendation that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 6-month period beginning on the date of an initial notification of the finding or recommendation.
(6) MATCHING REQUIREMENT.--
(A) IN GENERAL.--Unless otherwise explicitly provided in authorizing legislation, no funds may be expended for grants to non-federal entities until a 25 percent non-Federal match has been secured by the grantee to carry out this subsection.
(B) CASH REQUIREMENT.--Not less than 60 percent of the matching requirement described in subparagraph (A) shall be in cash.
(C) IN-KIND CONTRIBUTIONS.--No more than 40 percent of the matching requirement described in subparagraph (A) may be in-kind contributions. In this subparagraph, the term " `in-kind contributions' " means legal or other related professional services and office space that directly relate to the purpose for which the grant was awarded.
(7) NONPROFIT ORGANIZATION REQUIREMENTS.--
(A) DEFINITION.--For purposes of this section and the grant programs described in this Act, the term "nonprofit organization" means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
(B) PROHIBITION.--The Attorney General may not award a grant using funds made available under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
(C) DISCLOSURE.--Each nonprofit organization that is awarded a grant using funds made available under this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons
involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
(8) ADMINISTRATIVE EXPENSES.--Unless otherwise explicitly provided in authorizing legislation, not more than 8 percent of the amounts appropriated under this Act may be used by the Attorney General for salaries and administrative expenses of the Department of Justice.
(9) CONFERENCE EXPENDITURES.--
(A) LIMITATION.--No amounts appropriated to the Department of Justice under title II of division B of this Act may be used by the Attorney General, or by any individual or organization awarded funds under this Act, to host or support any expenditure for conferences, unless the Deputy Attorney General or the appropriate Assistant Attorney General provides prior written authorization that the funds may be expended to host a conference.
(B) WRITTEN APPROVAL.--Written approval under subparagraph (A) may not be delegated and shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual 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 Representatives on all conference expenditures approved and denied.
(10) PROHIBITION ON LOBBYING ACTIVITY.--
(A) IN GENERAL.--Amounts appropriated under this Act may not be utilized by any grant recipient to--
(i) lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii) lobby any representative of the Federal Government or a State, local, or tribal government regarding 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 receiving another grant under this Act for not less than 5 years.
(11) ANNUAL CERTIFICATION.--Beginning in the first fiscal year beginning after the date of the enactment of this Act, the Assistant Attorney General for the Office of Justice Programs, the Director of the Office on Violence Against Women, and the Director of the Office of Community Oriented Policing Services shall submit, to Committee on the Judiciary of the Senate , the Committee on Appropriations of the Senate, the Committee on the Judiciary of the House of Representatives, and the
Committee on Appropriations of the House of Representatives, an annual certification that--
(A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the Assistant Attorney General for the Office of Justice Programs;
(B) all mandatory exclusions required under paragraph (2) have been issued;
(C) all reimbursements required under paragraph (4) have been made; and
(D) includes a list of any grant recipients excluded under paragraph (2) from the previous year.
(b) Limitation on Use of Funds; Transfer of Funds.--Notwithstanding any other provision of this Act--
(1) none of the funds made available under title II of division B of this Act may be used for the Office of Legal Policy;
(2) of the amount appropriated--
(A) under the heading "SALARIES AND EXPENSES" under the heading "General Administration" under title II of division B of this Act, $5,000,000 shall be transferred to the Office of the Inspector General; and
(B) under the heading "RESEARCH, EVALUATION, AND STATISTICS" under the heading "Office of Justice Programs" under title II of division B of this Act, $5,000,000 shall be transferred to the Office of the Inspector General; and
(3) amounts transferred to the Office of the Inspector General under paragraph (2) shall be used to conduct the audits described in subsection (a).
(As printed in the Congressional Record for the Senate on Oct 18, 2011.)
After section 217 of title II of division B, insert the following:
Sec. 218. (a) Oversight of Department of Justice Programs.--All grants awarded by the Attorney General using funds made available under this Act shall be subject to the following accountability provisions:
(1) AUDIT REQUIREMENT.--Beginning in fiscal year 2012, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct an audit of not fewer than 10 percent of all recipients of grants using funds made available under this Act to prevent waste, fraud, and abuse of funds by grantees.
(2) MANDATORY EXCLUSION.--A recipient of a grant awarded by the Attorney General using funds made available under this Act that is found to have an unresolved audit finding shall not be eligible to receive any grant funds under a grant program administered by the Attorney General during the 2 fiscal years beginning after the 6-month period described in paragraph (5).
(3) PRIORITY.--In awarding grants using funds made available under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program.
(4) REIMBURSEMENT.--If an entity is awarded grant funds by the Attorney General using funds made available under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall--
(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
(5) DEFINED TERM.--In this subsection, the term "unresolved audit finding" means an audit report finding, statement, or recommendation that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 6-month period beginning on the date of an initial notification of the finding or recommendation.
(6) MATCHING REQUIREMENT.--
(A) IN GENERAL.--Unless otherwise explicitly provided in authorizing legislation, no funds may be expended for grants to non-federal entities until a 25 percent non-Federal match has been secured by the grantee to carry out this subsection.
(B) CASH REQUIREMENT.--Not less than 60 percent of the matching requirement described in subparagraph (A) shall be in cash.
(C) IN-KIND CONTRIBUTIONS.--No more than 40 percent of the matching requirement described in subparagraph (A) may be in-kind contributions. In this subparagraph, the term " `in-kind contributions' " means legal or other related professional services and office space that directly relate to the purpose for which the grant was awarded.
(7) NONPROFIT ORGANIZATION REQUIREMENTS.--
(A) DEFINITION.--For purposes of this section and the grant programs described in this Act, the term "nonprofit organization" means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code.
(B) PROHIBITION.--The Attorney General may not award a grant using funds made available under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
(C) DISCLOSURE.--Each nonprofit organization that is awarded a grant using funds made available under this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons
involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection.
(8) ADMINISTRATIVE EXPENSES.--Unless otherwise explicitly provided in authorizing legislation, not more than 8 percent of the amounts appropriated under this Act may be used by the Attorney General for salaries and administrative expenses of the Department of Justice.
(9) CONFERENCE EXPENDITURES.--
(A) LIMITATION.--No amounts appropriated to the Department of Justice under title II of division B of this Act may be used by the Attorney General, or by any individual or organization awarded funds under this Act, to host or support any expenditure for conferences, unless the Deputy Attorney General or the appropriate Assistant Attorney General provides prior written authorization that the funds may be expended to host a conference.
(B) WRITTEN APPROVAL.--Written approval under subparagraph (A) may not be delegated and shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual 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 Representatives on all conference expenditures approved and denied.
(10) PROHIBITION ON LOBBYING ACTIVITY.--
(A) IN GENERAL.--Amounts appropriated under this Act may not be utilized by any grant recipient to--
(i) lobby any representative of the Department of Justice regarding the award of grant funding; or
(ii) lobby any representative of the Federal Government or a State, local, or tribal government regarding 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 receiving another grant under this Act for not less than 5 years.
(11) ANNUAL CERTIFICATION.--Beginning in the first fiscal year beginning after the date of the enactment of this Act, the Assistant Attorney General for the Office of Justice Programs, the Director of the Office on Violence Against Women, and the Director of the Office of Community Oriented Policing Services shall submit, to Committee on the Judiciary of the Senate , the Committee on Appropriations of the Senate, the Committee on the Judiciary of the House of Representatives, and the
Committee on Appropriations of the House of Representatives, an annual certification that--
(A) all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the Assistant Attorney General for the Office of Justice Programs;
(B) all mandatory exclusions required under paragraph (2) have been issued;
(C) all reimbursements required under paragraph (4) have been made; and
(D) includes a list of any grant recipients excluded under paragraph (2) from the previous year.
(b) Limitation on Use of Funds; Transfer of Funds.--Notwithstanding any other provision of this Act--
(1) none of the funds made available under title II of division B of this Act may be used for the Office of Legal Policy;
(2) of the amount appropriated--
(A) under the heading "SALARIES AND EXPENSES" under the heading "General Administration" under title II of division B of this Act, $5,000,000 shall be transferred to the Office of the Inspector General; and
(B) under the heading "RESEARCH, EVALUATION, AND STATISTICS" under the heading "Office of Justice Programs" under title II of division B of this Act, $5,000,000 shall be transferred to the Office of the Inspector General; and
(3) amounts transferred to the Office of the Inspector General under paragraph (2) shall be used to conduct the audits described in subsection (a).
(As printed in the Congressional Record for the Senate on Oct 18, 2011.)
