Sec. 402. Accountability and oversight
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The Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5601 et seq. ) is amended by adding at the end the following: It is the sense of Congress that, in order to ensure that at-risk youth, and youth who come into contact with the juvenile justice system or the criminal justice system, are treated fairly and that the outcome of that contact is beneficial to the Nation— the Department of Justice, through its Office of Juvenile Justice and Delinquency Prevention, must restore meaningful enforcement of the core requirements in title II; and States, which are entrusted with a fiscal stewardship role if they accept funds under title II must exercise vigilant oversight to ensure full compliance with the core requirements for juveniles provided for in title II.
Not later than 60 days after the date of enactment of the Supporting Youth Opportunity and Preventing Delinquency Act of 2016 , the Director of the Office of Audit, Assessment, and Management of the Office of Justice Programs at the Department of Justice (referred to in this section as the Director ) shall— conduct a comprehensive analysis and evaluation of the internal controls of the Office of Juvenile Justice and Delinquency Prevention (referred to in this section as the agency ) to determine if States and Indian tribes receiving grants are following the requirements of the agency grant programs and what remedial action the agency has taken to recover any grant funds that are expended in violation of grant programs, including instances where— supporting documentation was not provided for cost reports; unauthorized expenditures occurred; and subrecipients of grant funds were not in compliance with program requirements; conduct a comprehensive audit and evaluation of a selected statistically significant sample of States and Indian tribes (as determined by the Director) that have received Federal funds under title II, including a review of internal controls to prevent fraud, waste, and abuse of funds by grantees; and submit a report in accordance with clause (iv).
In conducting the analysis and evaluation under clause (i)(I), and in order to document the efficiency and public benefit of titles II and V, the Director shall take into consideration the extent to which— greater oversight is needed of programs developed with grants made by the agency; changes are necessary in the authorizing statutes of the agency in order that the functions of the agency can be performed in a more efficient and effective manner; and the agency has implemented recommendations issued by the Comptroller General or Office of Inspector General relating to the grant making and grant monitoring responsibilities of the agency.
In conducting the audit and evaluation under clause (i)(II), and in order to document the efficiency and public benefit of titles II and V, the Director shall take into consideration— whether grantees timely file Financial Status Reports; whether grantees have sufficient internal controls to ensure adequate oversight of grant funds received; whether grantees’ assertions of compliance with the core requirements were accompanied with adequate supporting documentation; whether expenditures were authorized; whether subrecipients of grant funds were complying with program requirements; and whether grant funds were spent in accordance with the program goals and guidelines.
The Director shall— submit to the Congress a report outlining the results of the analysis, evaluation, and audit conducted under clause (i), including supporting materials, to the Speaker of the House of Representatives and the President pro tempore of the Senate; and shall make such report available to the public online, not later than 1 year after the date of enactment of this section. Not later than 30 days after the date of enactment of the Supporting Youth Opportunity and Preventing Delinquency Act of 2016, the Administrator shall initiate a comprehensive analysis and evaluation of the internal controls of the agency to determine whether, and to what extent, States and Indian tribes that receive grants under titles II and V are following the requirements of the grant programs authorized under titles II and V.
Not later than 180 days after the date of enactment of the Supporting Youth Opportunity and Preventing Delinquency Act of 2016, the Administrator shall submit to Congress a report containing— the findings of the analysis and evaluation conducted under clause (i); a description of remedial actions, if any, that will be taken by the Administrator to enhance the internal controls of the agency and recoup funds that may have been expended in violation of law, regulations, or program requirements issued under titles II and V; and a description of— the analysis conducted under clause (i); whether the funds awarded under titles II and V have been used in accordance with law, regulations, program guidance, and applicable plans; and the extent to which funds awarded to States and Indian tribes under titles II and V enhanced the ability of grantees to fulfill the core requirements.
Not later than 180 days after the date of enactment of the Supporting Youth Opportunity and Preventing Delinquency Act of 2016, the Attorney General shall submit to the appropriate committees of the Congress a report on the estimated amount of formula grant funds disbursed by the agency since fiscal year 2010 that did not meet the requirements for awards of formula grants to States under title II. No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General, 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 funds made available to the Department of Justice, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference.
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 entertainment. The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved under this paragraph. Amounts authorized to be appropriated under this Act may not be utilized by any recipient of a grant made using such amounts— to lobby any representative of the Department of Justice regarding the award of grant funding; or to lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. If the Attorney General determines that any recipient of a grant made using amounts authorized to be appropriated under this Act has violated subparagraph (A), the Attorney General shall— require the recipient to repay the grant in full; and prohibit the recipient to receive another grant under this Act for not less than 5 years. For purposes of this paragraph, submitting an application for a grant under this Act shall not be considered lobbying activity in violation of subparagraph (A). Before the Attorney General awards a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine if duplicate grant awards are awarded for the same purpose. If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on Education and the Workforce of the House of Representatives a report that includes— a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and the reason the Attorney General awarded the duplicative grant. The Administrator shall comply with the Generally Accepted Government Auditing Standards, published by the General Accountability Office (commonly known as the Yellow Book ), in the conduct of fiscal, compliance, and programmatic audits of States. . The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking paragraphs
(6)and
(7)of section 407 ( 42 U.S.C. 5776a ). The amendment made by paragraph
(1)shall take effect on the 1st day of the 1st fiscal year that begins after the date of enactment of this Act. In the case of an entity that is barred from receiving grant funds under paragraph (7)(B)(ii) of section 407 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 42 U.S.C. 5776a ), the amendment made by paragraph
(1)of this subsection shall not affect the applicability to the entity, or to the Attorney General with respect to the entity, of paragraph
(7)of such section 407, as in effect on the day before the effective date of the amendment made by paragraph (1).
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