Library / Laws / 113th / s / S. 1799 / Reported in Senate
II
Calendar No. 431
113th CONGRESS
2d Session
S. 1799
IN THE SENATE OF THE UNITED STATES
December 11, 2013Mr. Coons (for himself, Mr. Blunt, Mr. Sessions, Ms. Hirono, Mr. Wyden, Ms. Ayotte, Mr. Casey, Mr. Merkley, Mr. Alexander, Mr. Leahy, Mr. Johanns, Mr. Hatch, Mrs. Fischer, Mr. Cornyn, Mr. King, Mr. Burr, Mr. Hoeven, Ms. Klobuchar, Mr. Whitehouse, Mr. Franken, Mr. Schumer, Mr. Durbin, Mr. Grassley, Mr. Blumenthal, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
June 12, 2014Reported by Mr. Leahy, without amendment
A BILL
To reauthorize subtitle A of the Victims of Child Abuse Act of 1990.
1.
Short
title
This Act
may be cited as the Victims of Child Abuse Act Reauthorization Act of 2013.
2.
Improving
investigation and prosecution of child abuse cases
(a)
Reauthorization
Section
214B of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13004) is
amended—
(1) in subsection
(a), by striking $15,000,000 for each of fiscal years 2004 and
2005 and inserting $17,500,000 for each of fiscal years 2014,
2015, 2016, 2017, and 2018; and
(2) in subsection
(b), by striking fiscal years 2004 and
2005 and inserting fiscal years 2014,
2015, 2016, 2017, and 2018.
(b)
Accountability
Subtitle
A of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13001 et seq.) is
amended by adding at the end the following:
214C.
Accountability
All grants awarded by the Administrator
under this subtitle shall be subject to the following
accountability
provisions:
(1)
Audit
requirement
(A)
Definition
In
this paragraph, the term unresolved audit finding means a finding
in the final audit report of the Inspector General of the
Department of Justice
that the audited grantee has utilized grant funds for an
unauthorized
expenditure or otherwise unallowable cost that is not closed or
resolved within
12 months from the date when the final audit report is issued and
any appeal
has been completed.
(B)
Audit
The
Inspector General of the Department of Justice shall conduct audits
of
recipients of grants under this subtitle to prevent waste, fraud,
and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number
of grantees to be audited each year.
(C)
Mandatory
Exclusion
A recipient of grant funds under this subtitle that is
found to have an unresolved audit finding shall not be eligible to
receive
grant funds under this subtitle during the following 2 fiscal
years.
(D)
Priority
In
awarding grants under this subtitle, the Administrator shall give
priority to
eligible entities that did not have an unresolved audit finding
during the 3
fiscal years prior to submitting an application for a grant under
this
subtitle.
(E)
Reimbursement
If
an entity is awarded grant funds under this subtitle during the
2-fiscal-year
period in which the entity is barred from receiving grants under
paragraph (2),
the Administrator shall—
(i) deposit an amount
equal to the grant funds that were improperly awarded to the
grantee into the
General Fund of the Treasury; and
(ii) seek to recoup
the costs of the repayment to the fund from the grant recipient
that was
erroneously awarded grant funds.
(2)
Nonprofit
organization requirements
(A)
Definition
For
purposes of this paragraph, 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
Administrator may not award a grant under any grant program
described in this
subtitle 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 under this subtitle
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 Administrator, 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 Administrator shall make the
information
disclosed under this subparagraph available for public inspection.
(3)
Conference
expenditures
(A)
Limitation
No
amounts authorized to be appropriated to the Department of Justice
under this
subtitle may be used by the Administrator, or by any individual or
organization
awarded discretionary 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, unless the Deputy Attorney General or such
Assistant Attorney
Generals, Directors, or principal deputies as the Deputy Attorney
General may
designate, including the Administrator, provides prior written
authorization
through an award process or subsequent application 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, audiovisual 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 approved conference expenditures referenced
in this
paragraph.
.
June 12, 2014Reported without amendment