Page:United States Statutes at Large Volume 121.djvu/312

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[121 STAT. 291]
[121 STAT. 291]
PUBLIC LAW 110-000—MMMM. DD, 2007

PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 291

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Department shall take into account the performance assessment elements required under paragraph (4). ‘‘(6) RECOVERY AUDITS.—The Administrator shall conduct a recovery audit (as that term is defined by the Director of the Office of Management and Budget under section 3561 of title 31, United States Code) for any grant administered by the Department with a total value of not less than $1,000,000, if the Administrator finds that— ‘‘(A) a financial audit has identified improper payments that can be recouped; and ‘‘(B) it is cost effective to conduct a recovery audit to recapture the targeted funds. ‘‘(7) REMEDIES FOR NONCOMPLIANCE.— ‘‘(A) IN GENERAL.—If, as a result of a review or audit under this subsection or otherwise, the Administrator finds that a recipient of a grant under this title has failed to substantially comply with any provision of law or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall— ‘‘(i) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not properly expended by the recipient; ‘‘(ii) limit the use of grant funds to programs, projects, or activities not affected by the failure to comply; ‘‘(iii) refer the matter to the Inspector General of the Department for further investigation; ‘‘(iv) terminate any payment of grant funds to be made to the recipient; or ‘‘(v) take such other action as the Administrator determines appropriate. ‘‘(B) DURATION OF PENALTY.—The Administrator shall apply an appropriate penalty under subparagraph (A) until such time as the Administrator determines that the grant recipient is in full compliance with the law and with applicable guidelines or regulations of the Department. ‘‘(b) REPORTS BY GRANT RECIPIENTS.— ‘‘(1) QUARTERLY REPORTS ON HOMELAND SECURITY SPENDING.— ‘‘(A) IN GENERAL.—As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall, not later than 30 days after the end of each Federal fiscal quarter, submit to the Administrator a report on activities performed using grant funds during that fiscal quarter. ‘‘(B) CONTENTS.—Each report submitted under subparagraph (A) shall at a minimum include, for the applicable State, high-risk urban area, or directly eligible tribe, and each subgrantee thereof— ‘‘(i) the amount obligated to that recipient under section 2003 or 2004 in that quarter; ‘‘(ii) the amount of funds received and expended under section 2003 or 2004 by that recipient in that quarter; and

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