34 U.S.C. § 11322: Accountability and oversight

the Department of Justice, through its Office of Juvenile Justice and Delinquency Prevention, must restore meaningful enforcement of the core requirements in subchapter II; and States, which are entrusted with a fiscal stewardship role if they accept funds under subchapter II 1 must exercise vigilant oversight to ensure full compliance with the core requirements for juveniles provided for in subchapter II. 1 So in original. Probably should be followed by a comma. 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 subchapter 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). 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. 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. 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 2 make such report available to the public online, not later than 1 year after 2 So in original. The word “shall” probably should not appear. December 21, 2018 . Not later than 30 days after December 21, 2018 , 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 subchapters II and V are following the requirements of the grant programs authorized under subchapters II and V. 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 subchapters II and V; and the analysis conducted under clause (i); whether the funds awarded under subchapters 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 subchapters II and V enhanced the ability of grantees to fulfill the core requirements. Not later than 180 days after December 21, 2018 , 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 subchapter II. In order to ensure the effective and appropriate use of grants administered under this chapter (excluding subchapter IV) and to prevent waste, fraud, and abuse of funds by grantees, the Inspector General of the Department of Justice shall annually conduct audits of grantees that receive funds under this chapter. Not later than 1 year after December 21, 2018 , and annually thereafter, the Inspector General shall conduct a risk assessment to determine the appropriate number of grantees to be audited under subparagraph (A) in the year involved. The Attorney General shall make the summary of each review conducted under this section available on the website of the Department of Justice, subject to redaction as the Attorney General determines necessary to protect classified and other sensitive information. A recipient of grant funds under this chapter (excluding subchapter IV) that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this chapter (excluding subchapter IV) 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 chapter (excluding subchapter IV), 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 State or Indian Tribe submits an application for a grant under this chapter. 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. 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 chapter (excluding subchapter IV), the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. The Administrator may not award a grant under any grant program described in this chapter (excluding subchapter IV) to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 . 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 chapter may be used by the Attorney General, or by any individual or organization awarded discretionary funds through a cooperative agreement under this chapter, 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. 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. require the recipient to repay the grant in full; and prohibit the recipient to receive another grant under this chapter for not less than 5 years. For purposes of this paragraph, submitting an application for a grant under this chapter shall not be considered lobbying activity in violation of subparagraph (A). all audits issued by 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)(D) have been issued; all reimbursements required under paragraph (2)(F)(i) have been made; and includes a list of any grant recipients excluded under paragraph (2) during the then preceding fiscal year. Before the Attorney General awards a grant to an applicant under this chapter, the Attorney General shall compare potential grant awards with other grants awarded under this chapter to determine if duplicate grant awards are awarded for the same purpose. 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.