Sec. 403. Accountability and oversight
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Title VI of the Juvenile Justice and Delinquency Prevention Act of 1974, as added by this Act, is amended by adding at the end the following: It is the sense of Congress that, in order to ensure that at-risk youth who come into contact with the criminal justice system are treated fairly and 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 protections in this Act; the Attorney General should, not later than 90 days after the date of enactment of this Act, issue a proposed rule to update existing Federal regulations used to make State compliance determinations and provide participating States with technical assistance to develop more effective and comprehensive data collection systems; and States, which are entrusted with a fiscal stewardship role if they accept funds under this Act, must exercise vigilant oversight to ensure full compliance with the core protections for juveniles provided for in this Act.
Not less often than once every 2 years, the Administrator shall conduct, for each State and Indian tribe receiving a grant under this Act, a programmatic and financial review of all grants awarded to the State or Indian tribe under this Act in order to prevent waste, fraud, and abuse by grantees. Each review under subparagraph
(A)shall, at a minimum, examine— whether the funds awarded were used in accordance with the law, program guidance, and any applicable plans; and the extent to which funds awarded under this Act enhanced the ability of the grantee to improve its juvenile justice system and juvenile justice delinquency prevention programs. In addition to any other amounts authorized to be appropriated to the Administrator, there are authorized to be appropriated to the Administrator for reviews under this paragraph such sums as are necessary for fiscal year 2016 and each fiscal year thereafter. In order to ensure the effective and appropriate use of grants administered under this Act, the Inspector General of the Department of Justice each year shall conduct audits of a sample of States and Indian tribes that receive grants under this Act. The sample selected for audits under subparagraph
(A)shall be— of an appropriate size to— assess the overall integrity of the grant programs described in subparagraph (A); and act as a deterrent to financial mismanagement; and selected based on— the size of the grants awarded to the recipient; the past grant management performance of the recipient; concerns identified by the Administrator, including referrals from the Administrator; and such other factors as determined by the Inspector General of the Department of Justice. During the 5-year period beginning on the date of enactment of this section, the Inspector General of the Department of Justice shall conduct not fewer than 1 audit of each State or Indian tribe that receives a grant under this Act. The Inspector General of the Department of Justice shall submit to the appropriate committees of Congress— not later than 90 days after the date of enactment of this section, a report on the estimated amount of grant funds disbursed by the Office of Juvenile Justice and Delinquency Prevention since fiscal year 1997 that did not meet the requirements for awards of formula grants to States under this Act; and an annual report on every audit conducted under this section during the fiscal year preceding the report. Each report submitted under clause (i)(II) shall describe, for the fiscal year preceding the report— the audits conducted under subparagraph (A); the findings of the Inspector General with respect to the audits conducted under subparagraph (A); whether the funds awarded under this Act were used in accordance with law, program guidance, and applicable plans; and the extent to which funds awarded under this Act enhanced the ability of a grantee to improve its juvenile justice system and juvenile justice programs. For each year, the report required under clause (i)(II) shall be submitted not later than December 31. The Inspector General of the Department of Justice shall make each audit conducted under subparagraph
(A)available on the website of the Inspector General, subject to redaction as the Inspector General determines necessary to protect classified and other sensitive information. The Inspector General of the Department of Justice shall provide to the Administrator any findings and recommendations from audits conducted under subparagraph (A). Not later than 1 year after the date of enactment of this section, the Inspector General of the Department of Justice shall review and evaluate the grants management and oversight practices of the Office of Juvenile Justice and Delinquency Prevention, including assessment of and recommendations relating to— the skills, resources, and capabilities of the workforce; and any additional resources and staff necessary to carry out such management and oversight. In addition to any other amounts authorized to be appropriated to the Inspector General of the Department of Justice, there are authorized to be appropriated to the Inspector General of the Department of Justice for audits under subparagraph
(A)such sums as are necessary for fiscal year 2016, and each fiscal year thereafter. A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the first 2 fiscal years beginning after the 12-month period beginning on the date on which the audit report is issued. In awarding grants under this Act, the Administrator shall give priority to a State or Indian tribe that did not have an unresolved audit finding during the 3 fiscal years prior to the date on which the eligible entity submits an application for a grant under this Act. If a State or Indian tribe is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under subparagraph (I), the Attorney General shall— deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and seek to recoup the costs of the repayment to the General Fund under clause
(i)from the grantee that was erroneously awarded grant funds. In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General— that the audited State or Indian tribe has used grant funds for an unauthorized expenditure or otherwise unallowable cost; and that is not closed or resolved during the 12-month period beginning on the date on which the final audit report is issued. For purposes of this paragraph 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. The Administrator may not award a grant under any grant program described in 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. Each nonprofit organization that is awarded a grant under a grant program described in 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 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 clause
(i)available for public inspection. 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 the Judiciary 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 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 grant recipient to repay the grant in full; and prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. Beginning in the first fiscal year beginning after the date of enactment of this section, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification that— all audits issued by the Office of the Inspector General of the Department of Justice under paragraph
(2)have been completed and reviewed by the appropriate Assistant Attorney General or Director; all mandatory exclusions required under paragraph (2)(I) have been issued; all reimbursements required under paragraph (2)(K)(i) have been made; and includes a list of any grant recipients excluded under paragraph (2)(I) during the preceding fiscal year. . The Juvenile Justice and Delinquency Prevention Act of 1974 is amended by striking section 407 ( 42 U.S.C. 5776a ). The amendment made by paragraph
(1)shall take effect on the first day of the first fiscal year beginning after the date of enactment of this Act. In the case of an entity that is barred from receiving grant funds under paragraph
(2)or (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 (2), (3), or
(7)of such section 407, as in effect on the day before the effective date under paragraph
(2)of this subsection.
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Sec. 403
Accountability and oversight
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