Page:United States Statutes at Large Volume 114 Part 4.djvu/222

 114 STAT. 2284 PUBLIC LAW 106-501—NOV. 13, 2000 Deadline. "(G) Failure to return a grant closeout package or outstanding advances within 90 days of the grant expiration date or receipt of closeout package, whichever is later, unless an extension has been requested and granted. "(H) Failure to submit required reports. "(I) Failure to properly report and dispose of Government property as instructed by the Secretary. "(J) Failure to have maintained effective cash management or cost controls resulting in excess cash on hand. "(K) Failure to ensure that a subrecipient complies with its Office of Management and Budget Circular A- 133 audit requirements specified at section 667.200(b) of title 20, Code of Federal Regulations. "(L) Failure to audit a subrecipient within the required period. "(M) Final disallowed costs in excess of 5 percent of the grant or contract award if, in the judgment of the grant officer, the disallowances are egregious findings. "(N) Failure to establish a mechanism to resolve a subrecipient's audit in a timely fashion. "(5) DETERMINATION.—Applicants that are determined to be not responsible shall not be selected as grantees. "(6) DISALLOWED COSTS. — Interest on disallowed costs shall accrue in accordance with the Debt Collection Improvement Act of 1996. "(e) NATIONAL PERFORMANCE MEASURES AND COMPETITION FOR PUBLIC AND PRIVATE NONPROFIT AGENCIES AND ORGANIZATIONS. — Deadline. "(1) IN GENERAL. —Not later than 120 days after the end of each program year, the Secretary shall determine if each public or private nonprofit agency or organization that is a grantee has met the national performance measures established pursuant to section 513(a)(3). "(2) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.— Deadline. "(A) IN GENERAL. —I f the Secretary determines that a grantee fails to meet the national performance measures for a program year, the Secretary shall provide technical assistance and require such organization to submit a corrective action plan not later than 160 days after the end of the program year. "(B) CONTENT. —The plan submitted under subparagraph (A) shall detail the steps the grantee will take to meet the national performance measures in the next program year. "(C) AFTER SECOND YEAR OF FAILURE.—I f a grantee fails to meet the national performance measures for a second consecutive program year, the Secretary shall conduct a national competition to award, for the first full program year following the determination (minimizing, to the extent possible, the disruption of services provided to enrollees), an amount equal to 25 percent of the funds awarded to the grantee for such year. "(D) COMPETITION AFTER THIRD CONSECUTIVE YEAR OF FAILURE.—I f a grantee fails to meet the national performance measures for a third consecutive program year, the Secretary shall conduct a national competition to award the amount of the grant remaining after deduction of the

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