[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6964 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                                                     December 11, 2018.
    Resolved, That the bill from the House of Representatives (H.R. 
6964) entitled ``An Act to reauthorize and improve the Juvenile Justice 
and Delinquency Prevention Act of 1974, and for other purposes.'', do 
pass with the following

                               AMENDMENT:

    Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice Reform Act of 
2018''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Application of amendments.

            TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS

Sec. 101. Purposes.
Sec. 102. Definitions.

TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
                                PROGRAM

Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency 
                            Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Repeal of juvenile delinquency prevention block grant 
                            program.
Sec. 207. Research and evaluation; statistical analyses; information 
                            dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Administrative authority.

TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES, 
            MENTORING, INTERVENTION, SUPPORT, AND EDUCATION

Sec. 301. Short Title.
Sec. 302. Definitions.
Sec. 303. Duties and functions of the administrator.
Sec. 304. Grants for delinquency prevention programs.
Sec. 305. Grants for tribal delinquency prevention and response 
                            programs.
Sec. 306. Evaluation by Government Accountability Office.
Sec. 307. Technical amendment.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Authorization of appropriations; accountability and 
                            oversight.

SEC. 3. APPLICATION OF AMENDMENTS.

    The amendments made by this Act shall not apply with respect to 
funds appropriated for any fiscal year that begins before the date of 
the enactment of this Act.

            TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS

SEC. 101. PURPOSES.

    Section 102 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11102) is amended--
            (1) in paragraph (1), by inserting ``, tribal,'' after 
        ``State'';
            (2) in paragraph (2)--
                    (A) by inserting ``, tribal,'' after ``State''; and
                    (B) by striking ``and'' at the end;
            (3) by amending paragraph (3) to read as follows:
            ``(3) to assist State, tribal, and local governments in 
        addressing juvenile crime through the provision of technical 
        assistance, research, training, evaluation, and the 
        dissemination of current and relevant information on effective 
        and evidence-based programs and practices for combating 
        juvenile delinquency; and''; and
            (4) by adding at the end the following:
            ``(4) to support a continuum of evidence-based or promising 
        programs (including delinquency prevention, intervention, 
        mental health, behavioral health and substance abuse treatment, 
        family services, and services for children exposed to violence) 
        that are trauma informed, reflect the science of adolescent 
        development, and are designed to meet the needs of at-risk 
        youth and youth who come into contact with the justice 
        system.''.

SEC. 102. DEFINITIONS.

    Section 103 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11103) is amended--
            (1) in paragraph (8)--
                    (A) in subparagraph (B)(ii), by adding ``or'' at 
                the end;
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C);
            (2) in paragraph (18)--
                    (A) by inserting ``for purposes of title II,'' 
                before ``the term''; and
                    (B) by adding at the end the following:
        ``that has a law enforcement function, as determined by the 
        Secretary of the Interior in consultation with the Attorney 
        General;'';
            (3) by amending paragraph (22) to read as follows:
            ``(22) the term `jail or lockup for adults' means a secure 
        facility that is used by a State, unit of local government, or 
        law enforcement authority to detain or confine adult 
        inmates;'';
            (4) by amending paragraph (25) to read as follows:
            ``(25) the term `sight or sound contact' means any 
        physical, clear visual, or verbal contact that is not brief and 
        inadvertent;'';
            (5) by amending paragraph (26) to read as follows:
            ``(26) the term `adult inmate'--
                    ``(A) means an individual who--
                            ``(i) has reached the age of full criminal 
                        responsibility under applicable State law; and
                            ``(ii) has been arrested and is in custody 
                        for or awaiting trial on a criminal charge, or 
                        is convicted of a criminal offense; and
                    ``(B) does not include an individual who--
                            ``(i) at the time of the offense, was 
                        younger than the maximum age at which a youth 
                        can be held in a juvenile facility under 
                        applicable State law; and
                            ``(ii) was committed to the care and 
                        custody or supervision, including post-
                        placement or parole supervision, of a juvenile 
                        correctional agency by a court of competent 
                        jurisdiction or by operation of applicable 
                        State law;'';
            (6) in paragraph (28), by striking ``and'' at the end;
            (7) in paragraph (29), by striking the period at the end 
        and inserting a semicolon; and
            (8) by adding at the end the following:
            ``(30) the term `core requirements'--
                    ``(A) means the requirements described in 
                paragraphs (11), (12), (13), and (15) of section 
                223(a); and
                    ``(B) does not include the data collection 
                requirements described in subparagraphs (A) through (K) 
                of section 207(1);
            ``(31) the term `chemical agent' means a spray or injection 
        used to temporarily incapacitate a person, including oleoresin 
        capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
            ``(32) the term `isolation'--
                    ``(A) means any instance in which a youth is 
                confined alone for more than 15 minutes in a room or 
                cell; and
                    ``(B) does not include--
                            ``(i) confinement during regularly 
                        scheduled sleeping hours;
                            ``(ii) separation based on a treatment 
                        program approved by a licensed medical or 
                        mental health professional;
                            ``(iii) confinement or separation that is 
                        requested by the youth; or
                            ``(iv) the separation of the youth from a 
                        group in a nonlocked setting for the limited 
                        purpose of calming;
            ``(33) the term `restraints' has the meaning given that 
        term in section 591 of the Public Health Service Act (42 U.S.C. 
        290ii);
            ``(34) the term `evidence-based' means a program or 
        practice that--
                    ``(A) is demonstrated to be effective when 
                implemented with fidelity;
                    ``(B) is based on a clearly articulated and 
                empirically supported theory;
                    ``(C) has measurable outcomes relevant to juvenile 
                justice, including a detailed description of the 
                outcomes produced in a particular population, whether 
                urban or rural; and
                    ``(D) has been scientifically tested and proven 
                effective through randomized control studies or 
                comparison group studies and with the ability to 
                replicate and scale;
            ``(35) the term `promising' means a program or practice 
        that--
                    ``(A) is demonstrated to be effective based on 
                positive outcomes relevant to juvenile justice from one 
                or more objective, independent, and scientifically 
                valid evaluations, as documented in writing to the 
                Administrator; and
                    ``(B) will be evaluated through a well-designed and 
                rigorous study, as described in paragraph (34)(D);
            ``(36) the term `dangerous practice' means an act, 
        procedure, or program that creates an unreasonable risk of 
        physical injury, pain, or psychological harm to a juvenile 
        subjected to the act, procedure, or program;
            ``(37) the term `screening' means a brief process--
                    ``(A) designed to identify youth who may have 
                mental health, behavioral health, substance abuse, or 
                other needs requiring immediate attention, 
                intervention, and further evaluation; and
                    ``(B) the purpose of which is to quickly identify a 
                youth with possible mental health, behavioral health, 
                substance abuse, or other needs in need of further 
                assessment;
            ``(38) the term `assessment' includes, at a minimum, an 
        interview and review of available records and other pertinent 
        information--
                    ``(A) by an appropriately trained professional who 
                is licensed or certified by the applicable State in the 
                mental health, behavioral health, or substance abuse 
                fields; and
                    ``(B) which is designed to identify significant 
                mental health, behavioral health, or substance abuse 
                treatment needs to be addressed during a youth's 
                confinement;
            ``(39) for purposes of section 223(a)(15), the term 
        `contact' means the points at which a youth and the juvenile 
        justice system or criminal justice system officially intersect, 
        including interactions with a juvenile justice, juvenile court, 
        or law enforcement official;
            ``(40) the term `trauma-informed' means--
                    ``(A) understanding the impact that exposure to 
                violence and trauma have on a youth's physical, 
                psychological, and psychosocial development;
                    ``(B) recognizing when a youth has been exposed to 
                violence and trauma and is in need of help to recover 
                from the adverse impacts of trauma; and
                    ``(C) responding in ways that resist 
                retraumatization;
            ``(41) the term `racial and ethnic disparity' means 
        minority youth populations are involved at a decision point in 
        the juvenile justice system at disproportionately higher rates 
        than non-minority youth at that decision point;
            ``(42) the term `status offender' means a juvenile who is 
        charged with or who has committed an offense that would not be 
        criminal if committed by an adult;
            ``(43) the term `rural' means an area that is not located 
        in a metropolitan statistical area, as defined by the Office of 
        Management and Budget;
            ``(44) the term `internal controls' means a process 
        implemented to provide reasonable assurance regarding the 
        achievement of objectives in--
                    ``(A) effectiveness and efficiency of operations, 
                such as grant management practices;
                    ``(B) reliability of reporting for internal and 
                external use; and
                    ``(C) compliance with applicable laws and 
                regulations, as well as recommendations of the Office 
                of Inspector General and the Government Accountability 
                Office; and
            ``(45) the term `tribal government' means the governing 
        body of an Indian Tribe.''.

TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION 
                                PROGRAM

SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.

    Section 204 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11114) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the first sentence--
                            (i) by striking ``a long-term plan, and 
                        implement'' and inserting the following: ``a 
                        long-term plan to improve the juvenile justice 
                        system in the United States, taking into 
                        account scientific knowledge regarding 
                        adolescent development and behavior and 
                        regarding the effects of delinquency prevention 
                        programs and juvenile justice interventions on 
                        adolescents, and shall implement''; and
                            (ii) by striking ``research, and 
                        improvement of the juvenile justice system in 
                        the United States'' and inserting ``and 
                        research''; and
                    (B) in paragraph (2)(B), by striking ``Federal 
                Register'' and all that follows and inserting ``Federal 
                Register during the 30-day period ending on October 1 
                of each year.''; and
            (2) in subsection (b)--
                    (A) by striking paragraph (7);
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively;
                    (C) by inserting after paragraph (4), the 
                following:
            ``(5) not later than 1 year after the date of enactment of 
        the Juvenile Justice Reform Act of 2018, in consultation with 
        Indian Tribes, develop a policy for the Office of Juvenile 
        Justice and Delinquency Prevention to collaborate with 
        representatives of Indian Tribes with a criminal justice 
        function on the implementation of the provisions of this Act 
        relating to Indian Tribes;'';
                    (D) in paragraph (6), as so redesignated, by adding 
                ``and'' at the end; and
                    (E) in paragraph (7), as so redesignated--
                            (i) by striking ``monitoring'';
                            (ii) by striking ``section 223(a)(15)'' and 
                        inserting ``section 223(a)(14)''; and
                            (iii) by striking ``to review the adequacy 
                        of such systems; and'' and inserting ``for 
                        monitoring compliance.''.

SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY 
              PREVENTION.

    Section 206 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11116) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``the Assistant Secretary 
                        for Mental Health and Substance Use, the 
                        Secretary of the Interior,'' after ``the 
                        Secretary of Health and Human Services,''; and
                            (ii) by striking ``Commissioner of 
                        Immigration and Naturalization'' and inserting 
                        ``Assistant Secretary for Immigration and 
                        Customs Enforcement''; and
                    (B) in paragraph (2), by striking ``United States'' 
                and inserting ``Federal Government''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``paragraphs 
                (12)(A), (13), and (14) of section 223(a) of this 
                title'' and inserting ``the core requirements''; and
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, on an annual basis'' 
                        after ``collectively''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) not later than 120 days after the completion 
                of the last meeting of the Council during any fiscal 
                year, submit to the Committee on Education and the 
                Workforce of the House of Representatives and the 
                Committee on the Judiciary of the Senate a report 
                that--
                            ``(i) contains the recommendations 
                        described in subparagraph (A);
                            ``(ii) includes a detailed account of the 
                        activities conducted by the Council during the 
                        fiscal year, including a complete detailed 
                        accounting of expenses incurred by the Council 
                        to conduct operations in accordance with this 
                        section;
                            ``(iii) is published on the websites of the 
                        Office of Juvenile Justice and Delinquency 
                        Prevention, the Council, and the Department of 
                        Justice; and
                            ``(iv) is in addition to the annual report 
                        required under section 207.''.

SEC. 203. ANNUAL REPORT.

    Section 207 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11117) is amended--
            (1) in the matter preceding paragraph (1), by striking ``a 
        fiscal year'' and inserting ``each fiscal year'';
            (2) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and gender'' 
                and inserting ``, gender, and ethnicity, as such term 
                is defined by the Bureau of the Census,'';
                    (B) in subparagraph (E), by striking ``and'' at the 
                end;
                    (C) in subparagraph (F)--
                            (i) by inserting ``and other'' before 
                        ``disabilities,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(G) a summary of data from 1 month of the 
                applicable fiscal year of the use of restraints and 
                isolation upon juveniles held in the custody of secure 
                detention and correctional facilities operated by a 
                State or unit of local government;
                    ``(H) the number of status offense cases petitioned 
                to court, number of status offenders held in secure 
                detention, the findings used to justify the use of 
                secure detention, and the average period of time a 
                status offender was held in secure detention;
                    ``(I) the number of juveniles released from custody 
                and the type of living arrangement to which they are 
                released;
                    ``(J) the number of juveniles whose offense 
                originated on school grounds, during school-sponsored 
                off-campus activities, or due to a referral by a school 
                official, as collected and reported by the Department 
                of Education or similar State educational agency; and
                    ``(K) the number of juveniles in the custody of 
                secure detention and correctional facilities operated 
                by a State or unit of local or tribal government who 
                report being pregnant.''; and
            (3) by adding at the end the following:
            ``(5) A description of the criteria used to determine what 
        programs qualify as evidence-based and promising programs under 
        this title and title V and a comprehensive list of those 
        programs the Administrator has determined meet such criteria in 
        both rural and urban areas.
            ``(6) A description of funding provided to Indian Tribes 
        under this Act or for a juvenile delinquency or prevention 
        program under the Tribal Law and Order Act of 2010 (Public Law 
        111-211; 124 Stat. 2261), including direct Federal grants and 
        funding provided to Indian Tribes through a State or unit of 
        local government.
            ``(7) An analysis and evaluation of the internal controls 
        at the Office of Juvenile Justice and Delinquency Prevention to 
        determine if grantees are following the requirements of the 
        Office of Juvenile Justice and Delinquency Prevention grant 
        programs and what remedial action the Office of Juvenile 
        Justice and Delinquency Prevention has taken to recover any 
        grant funds that are expended in violation of the grant 
        programs, including instances--
                    ``(A) in which supporting documentation was not 
                provided for cost reports;
                    ``(B) where unauthorized expenditures occurred; or
                    ``(C) where subrecipients of grant funds were not 
                compliant with program requirements.
            ``(8) An analysis and evaluation of the total amount of 
        payments made to grantees that the Office of Juvenile Justice 
        and Delinquency Prevention recouped from grantees that were 
        found to be in violation of policies and procedures of the 
        Office of Juvenile Justice and Delinquency Prevention grant 
        programs, including--
                    ``(A) the full name and location of the grantee;
                    ``(B) the violation of the program found;
                    ``(C) the amount of funds sought to be recouped by 
                the Office of Juvenile Justice and Delinquency 
                Prevention; and
                    ``(D) the actual amount recouped by the Office of 
                Juvenile Justice and Delinquency Prevention.''.

SEC. 204. ALLOCATION OF FUNDS.

    (a) Technical Assistance.--Section 221(b)(1) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11131(b)(1)) 
is amended by striking ``2 percent'' and inserting ``5 percent''.
    (b) Other Allocations.--Section 222 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (34 U.S.C. 11132) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``age eighteen'' 
                and inserting ``18 years of age, based on the most 
                recent data available from the Bureau of the Census''; 
                and
                    (B) by striking paragraphs (2) and (3) and 
                inserting the following:
    ``(2)(A) If the aggregate amount appropriated for a fiscal year to 
carry out this title is less than $75,000,000, then--
            ``(i) the amount allocated to each State other than a State 
        described in clause (ii) for that fiscal year shall be not less 
        than $400,000; and
            ``(ii) the amount allocated to the United States Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands for that fiscal year shall be not less 
        than $75,000.
    ``(B) If the aggregate amount appropriated for a fiscal year to 
carry out this title is not less than $75,000,000, then--
            ``(i) the amount allocated to each State other than a State 
        described in clause (ii) for that fiscal year shall be not less 
        than $600,000; and
            ``(ii) the amount allocated to the United States Virgin 
        Islands, Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands for that fiscal year shall be not less 
        than $100,000.'';
            (2) in subsection (c), by striking ``efficient 
        administration, including monitoring, evaluation, and one full-
        time staff position'' and inserting ``effective and efficient 
        administration of funds, including the designation of not less 
        than one individual who shall coordinate efforts to achieve and 
        sustain compliance with the core requirements and certify 
        whether the State is in compliance with such requirements''; 
        and
            (3) in subsection (d), by striking ``5 per centum of the 
        minimum'' and inserting ``not more than 5 percent of the''.
    (c) Charles Grassley Juvenile Justice and Delinquency Prevention 
Program.--Part B of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (34 U.S.C. 11131 et seq.) is amended--
            (1) in the part heading, by striking ``Federal Assistance 
        for State and Local Programs'' and inserting ``Charles Grassley 
        Juvenile Justice and Delinquency Prevention Program''; and
            (2) by inserting before section 221 the following:

                             ``short title

    ``Sec. 220. This part may be cited as the `Charles Grassley 
Juvenile Justice and Delinquency Prevention Program'.''.

SEC. 205. STATE PLANS.

    Section 223 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11133) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and shall describe the status of compliance 
                with State plan requirements.'' and inserting ``and 
                shall describe how the State plan is supported by or 
                takes account of scientific knowledge regarding 
                adolescent development and behavior and regarding the 
                effects of delinquency prevention programs and juvenile 
                justice interventions on adolescents. Not later than 60 
                days after the date on which a plan or amended plan 
                submitted under this subsection is finalized, a State 
                shall make the plan or amended plan publicly available 
                by posting the plan or amended plan on the State's 
                publicly available website.'';
                    (B) in paragraph (1), by striking ``described in 
                section 299(c)(1)'' and inserting ``as designated by 
                the chief executive officer of the State'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (i), by inserting 
                                ``adolescent development,'' after 
                                ``concerning'';
                                    (II) in clause (ii)--
                                            (aa) in subclause (III), by 
                                        striking ``mental health, 
                                        education, special education'' 
                                        and inserting ``child and 
                                        adolescent mental health, 
                                        education, child and adolescent 
                                        substance abuse, special 
                                        education, services for youth 
                                        with disabilities'';
                                            (bb) in subclause (V), by 
                                        striking ``delinquents or 
                                        potential delinquents'' and 
                                        inserting ``delinquent youth or 
                                        youth at risk of delinquency'';
                                            (cc) in subclause (VI), by 
                                        striking ``youth workers 
                                        involved with'' and inserting 
                                        ``representatives of'';
                                            (dd) in subclause (VII), by 
                                        striking ``and'' at the end;
                                            (ee) by striking subclause 
                                        (VIII) and inserting the 
                                        following:
                                    ``(VIII) persons, licensed or 
                                certified by the applicable State, with 
                                expertise and competence in preventing 
                                and addressing mental health and 
                                substance abuse needs in delinquent 
                                youth and youth at risk of delinquency;
                                    ``(IX) representatives of victim or 
                                witness advocacy groups, including at 
                                least one individual with expertise in 
                                addressing the challenges of sexual 
                                abuse and exploitation and trauma, 
                                particularly the needs of youth who 
                                experience disproportionate levels of 
                                sexual abuse, exploitation, and trauma 
                                before entering the juvenile justice 
                                system; and
                                    ``(X) for a State in which one or 
                                more Indian Tribes are located, an 
                                Indian tribal representative (if such 
                                representative is available) or other 
                                individual with significant expertise 
                                in tribal law enforcement and juvenile 
                                justice in Indian tribal 
                                communities;'';
                                    (III) in clause (iv), by striking 
                                ``24 at the time of appointment'' and 
                                inserting ``28 at the time of initial 
                                appointment''; and
                                    (IV) in clause (v) by inserting 
                                ``or, if not feasible and in 
                                appropriate circumstances, who is the 
                                parent or guardian of someone who has 
                                been or is currently under the 
                                jurisdiction of the juvenile justice 
                                system'' after ``juvenile justice 
                                system'';
                            (ii) in subparagraph (C), by striking ``30 
                        days'' and inserting ``45 days'';
                            (iii) in subparagraph (D)--
                                    (I) in clause (i), by striking 
                                ``and'' at the end; and
                                    (II) in clause (ii), by striking 
                                ``at least annually recommendations 
                                regarding State compliance with the 
                                requirements of paragraphs (11), (12), 
                                and (13)'' and inserting ``at least 
                                every 2 years a report and necessary 
                                recommendations regarding State 
                                compliance with the core 
                                requirements''; and
                            (iv) in subparagraph (E)--
                                    (I) in clause (i), by adding 
                                ``and'' at the end; and
                                    (II) in clause (ii), by striking 
                                the period at the end and inserting a 
                                semicolon;
                    (D) in paragraph (5)(C), by striking ``Indian 
                tribes'' and all that follows through ``applicable to 
                the detention and confinement of juveniles'' and 
                inserting ``Indian Tribes that agree to attempt to 
                comply with the core requirements applicable to the 
                detention and confinement of juveniles'';
                    (E) in paragraph (7)--
                            (i) in subparagraph (A), by striking 
                        ``performs law enforcement functions'' and 
                        inserting ``has jurisdiction''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (iii), by striking 
                                ``and'' at the end; and
                                    (II) by striking clause (iv) and 
                                inserting the following:
                            ``(iv) a plan to provide alternatives to 
                        detention for status offenders, survivors of 
                        commercial sexual exploitation, and others, 
                        where appropriate, such as specialized or 
                        problem-solving courts or diversion to home-
                        based or community-based services or treatment 
                        for those youth in need of mental health, 
                        substance abuse, or co-occurring disorder 
                        services at the time such juveniles first come 
                        into contact with the juvenile justice system;
                            ``(v) a plan to reduce the number of 
                        children housed in secure detention and 
                        corrections facilities who are awaiting 
                        placement in residential treatment programs;
                            ``(vi) a plan to engage family members, 
                        where appropriate, in the design and delivery 
                        of juvenile delinquency prevention and 
                        treatment services, particularly post-
                        placement;
                            ``(vii) a plan to use community-based 
                        services to respond to the needs of at-risk 
                        youth or youth who have come into contact with 
                        the juvenile justice system;
                            ``(viii) a plan to promote evidence-based 
                        and trauma-informed programs and practices; and
                            ``(ix) not later than 1 year after the date 
                        of enactment of the Juvenile Justice Reform Act 
                        of 2018, a plan which shall be implemented not 
                        later than 2 years after the date of enactment 
                        of the Juvenile Justice Reform Act of 2018, 
                        to--
                                    ``(I) eliminate the use of 
                                restraints of known pregnant juveniles 
                                housed in secure juvenile detention and 
                                correction facilities, during labor, 
                                delivery, and post-partum recovery, 
                                unless credible, reasonable grounds 
                                exist to believe the detainee presents 
                                an immediate and serious threat of 
                                hurting herself, staff, or others; and
                                    ``(II) eliminate the use of 
                                abdominal restraints, leg and ankle 
                                restraints, wrist restraints behind the 
                                back, and four-point restraints on 
                                known pregnant juveniles, unless--
                                            ``(aa) credible, reasonable 
                                        grounds exist to believe the 
                                        detainee presents an immediate 
                                        and serious threat of hurting 
                                        herself, staff, or others; or
                                            ``(bb) reasonable grounds 
                                        exist to believe the detainee 
                                        presents an immediate and 
                                        credible risk of escape that 
                                        cannot be reasonably minimized 
                                        through any other method;'';
                    (F) in paragraph (8), by striking ``existing'' and 
                inserting ``evidence-based and promising'';
                    (G) in paragraph (9)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, with priority in funding 
                        given to entities meeting the criteria for 
                        evidence-based or promising programs'' after 
                        ``used for'';
                            (ii) in subparagraph (A)--
                                    (I) in clause (i)--
                                            (aa) by inserting ``status 
                                        offenders and other'' before 
                                        ``youth who need''; and
                                            (bb) by striking ``and'' at 
                                        the end;
                                    (II) in clause (ii) by adding 
                                ``and'' at the end; and
                                    (III) by inserting after clause 
                                (ii) the following:
                            ``(iii) for youth who need specialized 
                        intensive and comprehensive services that 
                        address the unique issues encountered by youth 
                        when they become involved with gangs;'';
                            (iii) in subparagraph (B)(i)--
                                    (I) by striking ``parents and other 
                                family members'' and inserting ``status 
                                offenders, other youth, and the parents 
                                and other family members of such 
                                offenders and youth''; and
                                    (II) by striking ``be retained'' 
                                and inserting ``remain'';
                            (iv) in subparagraph (E)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``delinquent'' and 
                                inserting ``at-risk or delinquent 
                                youth''; and
                                    (II) in clause (i), by inserting 
                                ``, including for truancy prevention 
                                and reduction'' before the semicolon;
                            (v) in subparagraph (F), in the matter 
                        preceding clause (i), by striking ``expanding'' 
                        and inserting ``programs to expand'';
                            (vi) by redesignating subparagraphs (G) 
                        through (S) as subparagraphs (H) through (T), 
                        respectively;
                            (vii) by inserting after subparagraph (F), 
                        the following:
                    ``(G) programs--
                            ``(i) to ensure youth have access to 
                        appropriate legal representation; and
                            ``(ii) to expand access to publicly 
                        supported, court-appointed legal counsel who 
                        are trained to represent juveniles in 
                        adjudication proceedings,
                except that the State may not use more than 2 percent 
                of the funds received under section 222 for these 
                purposes;'';
                            (viii) in subparagraph (H), as so 
                        redesignated, by striking ``State,'' each place 
                        the term appears and inserting ``State, 
                        tribal,'';
                            (ix) in subparagraph (M), as so 
                        redesignated--
                                    (I) in clause (i)--
                                            (aa) by inserting ``pre-
                                        adjudication and'' before 
                                        ``post-adjudication'';
                                            (bb) by striking 
                                        ``restraints'' and inserting 
                                        ``alternatives''; and
                                            (cc) by inserting 
                                        ``specialized or problem-
                                        solving courts,'' after 
                                        ``(including''; and
                                    (II) in clause (ii)--
                                            (aa) by striking ``by the 
                                        provision by the 
                                        Administrator''; and
                                            (bb) by striking ``to 
                                        States'';
                            (x) in subparagraph (N), as so 
                        redesignated--
                                    (I) by inserting ``and reduce the 
                                risk of recidivism'' after 
                                ``families''; and
                                    (II) by striking ``so that such 
                                juveniles may be retained in their 
                                homes'';
                            (xi) in subparagraph (S), as so 
                        redesignated, by striking ``and'' at the end;
                            (xii) in subparagraph (T), as so 
                        redesignated--
                                    (I) by inserting ``or co-occurring 
                                disorder'' after ``mental health'';
                                    (II) by inserting ``court-involved 
                                or'' before ``incarcerated'';
                                    (III) by striking ``suspected to 
                                be'';
                                    (IV) by striking ``and discharge 
                                plans'' and inserting ``provision of 
                                treatment, and development of discharge 
                                plans''; and
                                    (V) by striking the period at the 
                                end and inserting a semicolon; and
                            (xiii) by inserting after subparagraph (T) 
                        the following:
                    ``(U) programs and projects designed--
                            ``(i) to inform juveniles of the 
                        opportunity and process for sealing and 
                        expunging juvenile records; and
                            ``(ii) to assist juveniles in pursuing 
                        juvenile record sealing and expungements for 
                        both adjudications and arrests not followed by 
                        adjudications;
                except that the State may not use more than 2 percent 
                of the funds received under section 222 for these 
                purposes;
                    ``(V) programs that address the needs of girls in 
                or at risk of entering the juvenile justice system, 
                including pregnant girls, young mothers, survivors of 
                commercial sexual exploitation or domestic child sex 
                trafficking, girls with disabilities, and girls of 
                color, including girls who are members of an Indian 
                Tribe; and
                    ``(W) monitoring for compliance with the core 
                requirements and providing training and technical 
                assistance on the core requirements to secure 
                facilities;'';
                    (H) by striking paragraph (11) and inserting the 
                following:
            ``(11)(A) in accordance with rules issued by the 
        Administrator, provide that a juvenile shall not be placed in a 
        secure detention facility or a secure correctional facility, 
        if--
                    ``(i) the juvenile is charged with or has committed 
                an offense that would not be criminal if committed by 
                an adult, excluding--
                            ``(I) a juvenile who is charged with or has 
                        committed a violation of section 922(x)(2) of 
                        title 18, United States Code, or of a similar 
                        State law;
                            ``(II) a juvenile who is charged with or 
                        has committed a violation of a valid court 
                        order issued and reviewed in accordance with 
                        paragraph (23); and
                            ``(III) a juvenile who is held in 
                        accordance with the Interstate Compact on 
                        Juveniles as enacted by the State; or
                    ``(ii) the juvenile--
                            ``(I) is not charged with any offense; and
                            ``(II)(aa) is an alien; or
                            ``(bb) is alleged to be dependent, 
                        neglected, or abused; and
            ``(B) require that--
                    ``(i) not later than 3 years after the date of 
                enactment of the Juvenile Justice Reform Act of 2018, 
                unless a court finds, after a hearing and in writing, 
                that it is in the interest of justice, juveniles 
                awaiting trial or other legal process who are treated 
                as adults for purposes of prosecution in criminal court 
                and housed in a secure facility--
                            ``(I) shall not have sight or sound contact 
                        with adult inmates; and
                            ``(II) except as provided in paragraph 
                        (13), may not be held in any jail or lockup for 
                        adults;
                    ``(ii) in determining under clause (i) whether it 
                is in the interest of justice to permit a juvenile to 
                be held in any jail or lockup for adults, or have sight 
                or sound contact with adult inmates, a court shall 
                consider--
                            ``(I) the age of the juvenile;
                            ``(II) the physical and mental maturity of 
                        the juvenile;
                            ``(III) the present mental state of the 
                        juvenile, including whether the juvenile 
                        presents an imminent risk of harm to the 
                        juvenile;
                            ``(IV) the nature and circumstances of the 
                        alleged offense;
                            ``(V) the juvenile's history of prior 
                        delinquent acts;
                            ``(VI) the relative ability of the 
                        available adult and juvenile detention 
                        facilities to not only meet the specific needs 
                        of the juvenile but also to protect the safety 
                        of the public as well as other detained youth; 
                        and
                            ``(VII) any other relevant factor; and
                    ``(iii) if a court determines under clause (i) that 
                it is in the interest of justice to permit a juvenile 
                to be held in any jail or lockup for adults--
                            ``(I) the court shall hold a hearing not 
                        less frequently than once every 30 days, or in 
                        the case of a rural jurisdiction, not less 
                        frequently than once every 45 days, to review 
                        whether it is still in the interest of justice 
                        to permit the juvenile to be so held or have 
                        such sight or sound contact; and
                            ``(II) the juvenile shall not be held in 
                        any jail or lockup for adults, or permitted to 
                        have sight or sound contact with adult inmates, 
                        for more than 180 days, unless the court, in 
                        writing, determines there is good cause for an 
                        extension or the juvenile expressly waives this 
                        limitation;''.
                    (I) in paragraph (12)(A), by striking ``contact'' 
                and inserting ``sight or sound contact'';
                    (J) in paragraph (13), by striking ``contact'' each 
                place it appears and inserting ``sight or sound 
                contact'';
                    (K) in paragraph (14)--
                            (i) by striking ``adequate system'' and 
                        inserting ``effective system'';
                            (ii) by inserting ``lock-ups,'' after 
                        ``monitoring jails,'';
                            (iii) by inserting ``and'' after 
                        ``detention facilities,'';
                            (iv) by striking ``, and non-secure 
                        facilities'';
                            (v) by striking ``insure'' and inserting 
                        ``ensure'';
                            (vi) by striking ``requirements of 
                        paragraphs (11), (12), and (13)'' and inserting 
                        ``core requirements''; and
                            (vii) by striking ``, in the opinion of the 
                        Administrator,'';
                    (L) by striking paragraphs (22) and (27);
                    (M) by redesignating paragraph (28) as paragraph 
                (27);
                    (N) by redesignating paragraphs (15) through (21) 
                as paragraphs (16) through (22), respectively;
                    (O) by inserting after paragraph (14) the 
                following:
            ``(15) implement policy, practice, and system improvement 
        strategies at the State, territorial, local, and tribal levels, 
        as applicable, to identify and reduce racial and ethnic 
        disparities among youth who come into contact with the juvenile 
        justice system, without establishing or requiring numerical 
        standards or quotas, by--
                    ``(A) establishing or designating existing 
                coordinating bodies, composed of juvenile justice 
                stakeholders, (including representatives of the 
                educational system) at the State, local, or tribal 
                levels, to advise efforts by States, units of local 
                government, and Indian Tribes to reduce racial and 
                ethnic disparities;
                    ``(B) identifying and analyzing data on race and 
                ethnicity at decision points in State, local, or tribal 
                juvenile justice systems to determine which such points 
                create racial and ethnic disparities among youth who 
                come into contact with the juvenile justice system; and
                    ``(C) developing and implementing a work plan that 
                includes measurable objectives for policy, practice, or 
                other system changes, based on the needs identified in 
                the data collection and analysis under subparagraph 
                (B);'';
                    (P) in paragraph (16), as so redesignated, by 
                inserting ``ethnicity,'' after ``race,'';
                    (Q) in paragraph (21), as so redesignated, by 
                striking ``local,'' each place the term appears and 
                inserting ``local, tribal,'';
                    (R) in paragraph (23)--
                            (i) in subparagraphs (A), (B), and (C), by 
                        striking ``juvenile'' each place it appears and 
                        inserting ``status offender'';
                            (ii) in subparagraph (B), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (C)--
                                    (I) in clause (i), by striking 
                                ``and'' at the end;
                                    (II) in clause (ii), by adding 
                                ``and'' at the end; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) if such court determines the status 
                        offender should be placed in a secure detention 
                        facility or correctional facility for violating 
                        such order--
                                    ``(I) the court shall issue a 
                                written order that--
                                            ``(aa) identifies the valid 
                                        court order that has been 
                                        violated;
                                            ``(bb) specifies the 
                                        factual basis for determining 
                                        that there is reasonable cause 
                                        to believe that the status 
                                        offender has violated such 
                                        order;
                                            ``(cc) includes findings of 
                                        fact to support a determination 
                                        that there is no appropriate 
                                        less restrictive alternative 
                                        available to placing the status 
                                        offender in such a facility, 
                                        with due consideration to the 
                                        best interest of the juvenile;
                                            ``(dd) specifies the length 
                                        of time, not to exceed 7 days, 
                                        that the status offender may 
                                        remain in a secure detention 
                                        facility or correctional 
                                        facility, and includes a plan 
                                        for the status offender's 
                                        release from such facility; and
                                            ``(ee) may not be renewed 
                                        or extended; and
                                    ``(II) the court may not issue a 
                                second or subsequent order described in 
                                subclause (I) relating to a status 
                                offender unless the status offender 
                                violates a valid court order after the 
                                date on which the court issues an order 
                                described in subclause (I); and''; and
                            (iv) by adding at the end the following:
                    ``(D) there are procedures in place to ensure that 
                any status offender held in a secure detention facility 
                or correctional facility pursuant to a court order 
                described in this paragraph does not remain in custody 
                longer than 7 days or the length of time authorized by 
                the court, whichever is shorter;'';
                    (S) in paragraph (26)--
                            (i) by inserting ``and in accordance with 
                        confidentiality concerns,'' after ``maximum 
                        extent practicable,''; and
                            (ii) by striking the semicolon at the end 
                        and inserting the following: ``, so as to 
                        provide for--
                    ``(A) data in child abuse or neglect reports 
                relating to juveniles entering the juvenile justice 
                system with a prior reported history of arrest, court 
                intake, probation and parole, juvenile detention, and 
                corrections; and
                    ``(B) a plan to use the data described in 
                subparagraph (A) to provide necessary services for the 
                treatment of such victims of child abuse or neglect;'';
                    (T) in paragraph (27), as so redesignated, by 
                striking the period at the end and inserting a 
                semicolon; and
                    (U) by adding at the end the following:
            ``(28) provide for the coordinated use of funds provided 
        under this title with other Federal and State funds directed at 
        juvenile delinquency prevention and intervention programs;
            ``(29) describe the policies, procedures, and training in 
        effect for the staff of juvenile State correctional facilities 
        to eliminate the use of dangerous practices, unreasonable 
        restraints, and unreasonable isolation, including by developing 
        effective behavior management techniques;
            ``(30) describe--
                    ``(A) the evidence-based methods that will be used 
                to conduct mental health and substance abuse screening, 
                assessment, referral, and treatment for juveniles who--
                            ``(i) request a screening;
                            ``(ii) show signs of needing a screening; 
                        or
                            ``(iii) are held for a period of more than 
                        24 hours in a secure facility that provides for 
                        an initial screening; and
                    ``(B) how the State will seek, to the extent 
                practicable, to provide or arrange for mental health 
                and substance abuse disorder treatment for juveniles 
                determined to be in need of such treatment;
            ``(31) describe how reentry planning by the State for 
        juveniles will include--
                    ``(A) a written case plan based on an assessment of 
                needs that includes--
                            ``(i) the pre-release and post-release 
                        plans for the juveniles;
                            ``(ii) the living arrangement to which the 
                        juveniles are to be discharged; and
                            ``(iii) any other plans developed for the 
                        juveniles based on an individualized 
                        assessment; and
                    ``(B) review processes;
            ``(32) provide an assurance that the agency of the State 
        receiving funds under this title collaborates with the State 
        educational agency receiving assistance under part A of title I 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311 et seq.) to develop and implement a plan to ensure 
        that, in order to support educational progress--
                    ``(A) the student records of adjudicated juveniles, 
                including electronic records if available, are 
                transferred in a timely manner from the educational 
                program in the juvenile detention or secure treatment 
                facility to the educational or training program into 
                which the juveniles will enroll;
                    ``(B) the credits of adjudicated juveniles are 
                transferred; and
                    ``(C) adjudicated juveniles receive full or partial 
                credit toward high school graduation for secondary 
                school coursework satisfactorily completed before and 
                during the period of time during which the juveniles 
                are held in custody, regardless of the local 
                educational agency or entity from which the credits 
                were earned; and
            ``(33) describe policies and procedures to--
                    ``(A) screen for, identify, and document in records 
                of the State the identification of victims of domestic 
                human trafficking, or those at risk of such 
                trafficking, upon intake; and
                    ``(B) divert youth described in subparagraph (A) to 
                appropriate programs or services, to the extent 
                practicable.'';
                    (2) by amending subsection (c) to read as follows:
    ``(c)(1) If a State fails to comply with any of the core 
requirements in any fiscal year, then--
            ``(A) subject to subparagraph (B), the amount allocated to 
        such State under section 222 for the subsequent fiscal year 
        shall be reduced by not less than 20 percent for each core 
        requirement with respect to which the failure occurs; and
            ``(B) the State shall be ineligible to receive any 
        allocation under such section for such fiscal year unless--
                    ``(i) the State agrees to expend 50 percent of the 
                amount allocated to the State for such fiscal year to 
                achieve compliance with any such core requirement with 
                respect to which the State is in noncompliance; or
                    ``(ii) the Administrator determines that the 
                State--
                            ``(I) has achieved substantial compliance 
                        with such applicable requirements with respect 
                        to which the State was not in compliance; and
                            ``(II) has made, through appropriate 
                        executive or legislative action, an unequivocal 
                        commitment to achieving full compliance with 
                        such applicable requirements within a 
                        reasonable time.
    ``(2) Of the total amount of funds not allocated for a fiscal year 
under paragraph (1)--
            ``(A) 50 percent of the unallocated funds shall be 
        reallocated under section 222 to States that have not failed to 
        comply with the core requirements; and
            ``(B) 50 percent of the unallocated funds shall be used by 
        the Administrator to provide additional training and technical 
        assistance to States for the purpose of promoting compliance 
        with the core requirements.'';
            (3) in subsection (d)--
                    (A) by striking ``described in paragraphs (11), 
                (12), (13), and (22) of subsection (a)'' and inserting 
                ``described in the core requirements''; and
                    (B) by striking ``the requirements under paragraphs 
                (11), (12), (13), and (22) of subsection (a)'' and 
                inserting ``the core requirements'';
            (4) in subsection (f)(2)--
                    (A) by striking subparagraph (A); and
                    (B) by redesignating subparagraphs (B) through (E) 
                as subparagraphs (A) through (D), respectively; and
            (5) by adding at the end the following:
    ``(g) Compliance Determination.--
            ``(1) In general.--For each fiscal year, the Administrator 
        shall make a determination regarding whether each State 
        receiving a grant under this title is in compliance or out of 
        compliance with respect to each of the core requirements.
            ``(2) Reporting.--The Administrator shall--
                    ``(A) issue an annual public report--
                            ``(i) describing any determination 
                        described in paragraph (1) made during the 
                        previous year, including a summary of the 
                        information on which the determination is based 
                        and the actions to be taken by the 
                        Administrator (including a description of any 
                        reduction imposed under subsection (c)); and
                            ``(ii) for any such determination that a 
                        State is out of compliance with any of the core 
                        requirements, describing the basis for the 
                        determination; and
                    ``(B) make the report described in subparagraph (A) 
                available on a publicly available website.
            ``(3) Determinations required.--The Administrator may not--
                    ``(A) determine that a State is `not out of 
                compliance', or issue any other determination not 
                described in paragraph (1), with respect to any core 
                requirement; or
                    ``(B) otherwise fail to make the compliance 
                determinations required under paragraph (1).''.

SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVENTION BLOCK GRANT 
              PROGRAM.

    Part C of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (34 U.S.C. 11141 et seq.) is repealed.

SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION 
              DISSEMINATION.

    Section 251 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11161) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``may'' and inserting 
                        ``shall'';
                            (ii) in subparagraph (A), by striking 
                        ``plan and identify'' and inserting ``annually 
                        publish a plan to identify''; and
                            (iii) in subparagraph (B)--
                                    (I) by striking clause (iii) and 
                                inserting the following:
                    ``(iii) successful efforts to prevent status 
                offenders and first-time minor offenders from 
                subsequent involvement with the juvenile justice and 
                criminal justice systems;'';
                                    (II) by striking clause (vii) and 
                                inserting the following:
                    ``(vii) the prevalence and duration of behavioral 
                health needs (including mental health, substance abuse, 
                and co-occurring disorders) among juveniles pre-
                placement and post-placement in the juvenile justice 
                system, including an examination of the effects of 
                secure detention in a correctional facility;'';
                                    (III) by redesignating clauses 
                                (ix), (x), and (xi) as clauses (xvi), 
                                (xvii), and (xviii), respectively; and
                                    (IV) by inserting after clause 
                                (viii) the following:
                    ``(ix) training efforts and reforms that have 
                produced reductions in or elimination of the use of 
                dangerous practices;
                    ``(x) methods to improve the recruitment, 
                selection, training, and retention of professional 
                personnel who are focused on the prevention, 
                identification, and treatment of delinquency;
                    ``(xi) methods to improve the identification and 
                response to victims of domestic child sex trafficking 
                within the juvenile justice system;
                    ``(xii) identifying positive outcome measures, such 
                as attainment of employment and educational degrees, 
                that States and units of local government should use to 
                evaluate the success of programs aimed at reducing 
                recidivism of youth who have come in contact with the 
                juvenile justice system or criminal justice system;
                    ``(xiii) evaluating the impact and outcomes of the 
                prosecution and sentencing of juveniles as adults;
                    ``(xiv) successful and cost-effective efforts by 
                States and units of local government to reduce 
                recidivism through policies that provide for 
                consideration of appropriate alternative sanctions to 
                incarceration of youth facing nonviolent charges, while 
                ensuring that public safety is preserved;''; and
                    (B) in paragraph (4)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``date of enactment 
                                of this paragraph, the'' and inserting 
                                ``date of enactment of the Juvenile 
                                Justice Reform Act of 2018, the''; and
                                    (II) by inserting ``in accordance 
                                with applicable confidentiality 
                                requirements'' after ``wards of the 
                                State''; and
                            (ii) in subparagraph (D), by inserting 
                        ``and Indian Tribes'' after ``State'';
                            (iii) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (iv) in subparagraph (G), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (v) by adding at the end the following:
            ``(H) a description of the best practices in discharge 
        planning; and
            ``(I) an assessment of living arrangements for juveniles 
        who, upon release from confinement in a State correctional 
        facility, cannot return to the residence they occupied prior to 
        such confinement.'';
            (2) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``may'' and inserting ``shall''; and
            (3) by adding at the end the following:
    ``(f) National Recidivism Measure.--The Administrator, in 
accordance with applicable confidentiality requirements and in 
consultation with experts in the field of juvenile justice research, 
recidivism, and data collection, shall--
            ``(1) establish a uniform method of data collection and 
        technology that States may use to evaluate data on juvenile 
        recidivism on an annual basis;
            ``(2) establish a common national juvenile recidivism 
        measurement system; and
            ``(3) make cumulative juvenile recidivism data that is 
        collected from States available to the public.''.

SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.

    Section 252 of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11162) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'';
                    (B) in paragraph (1)--
                            (i) by inserting ``shall'' before ``develop 
                        and carry out projects''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (C) in paragraph (2)--
                            (i) by inserting ``may'' before ``make 
                        grants to and contracts with''; and
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) shall provide periodic training for States regarding 
        implementation of the core requirements, current protocols and 
        best practices for achieving and monitoring compliance, and 
        information sharing regarding relevant Office resources on 
        evidence-based and promising programs or practices that promote 
        the purposes of this Act.'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``may'';
                    (B) in paragraph (1)--
                            (i) by inserting ``shall'' before ``develop 
                        and implement projects'';
                            (ii) by inserting ``, including compliance 
                        with the core requirements'' after ``this 
                        title''; and
                            (iii) by striking ``and'' at the end;
                    (C) in paragraph (2)--
                            (i) by inserting ``may'' before ``make 
                        grants to and contracts with''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(3) shall provide technical assistance to States and 
        units of local government on achieving compliance with the 
        amendments to the core requirements and State Plans made by the 
        Juvenile Justice Reform Act of 2018, including training and 
        technical assistance and, when appropriate, pilot or 
        demonstration projects intended to develop and replicate best 
        practices for achieving sight and sound separation in 
        facilities or portions of facilities that are open and 
        available to the general public and that may or may not contain 
        a jail or a lock-up; and
            ``(4) shall provide technical assistance to States in 
        support of efforts to establish partnerships between a State 
        and a university, institution of higher education, or research 
        center designed to improve the recruitment, selection, 
        training, and retention of professional personnel in the fields 
        of medicine, law enforcement, the judiciary, juvenile justice, 
        social work and child protection, education, and other relevant 
        fields who are engaged in, or intend to work in, the field of 
        prevention, identification, and treatment of delinquency.'';
            (3) in subsection (c)--
                    (A) by inserting ``prosecutors,'' after ``public 
                defenders,''; and
                    (B) by inserting ``status offenders and'' after 
                ``needs of''; and
            (4) by adding at the end the following:
    ``(d) Best Practices Regarding Legal Representation of Children.--
In consultation with experts in the field of juvenile defense, the 
Administrator shall--
            ``(1) share best practices that may include sharing 
        standards of practice developed by recognized entities in the 
        profession, for attorneys representing children; and
            ``(2) provide a State, if it so requests, technical 
        assistance to implement any of the best practices shared under 
        paragraph (1).
    ``(e) Best Practices for Status Offenders.--Based on the available 
research and State practices, the Administrator shall--
            ``(1) disseminate best practices for the treatment of 
        status offenders with a focus on reduced recidivism, improved 
        long-term outcomes, and limited usage of valid court orders to 
        place status offenders in secure detention; and
            ``(2) provide a State, on request, technical assistance to 
        implement any of the best practices shared under paragraph (1).
    ``(f) Training and Technical Assistance for Local and State 
Juvenile Detention and Corrections Personnel.--The Administrator shall 
coordinate training and technical assistance programs with juvenile 
detention and corrections personnel of States and units of local 
government--
            ``(1) to promote methods for improving conditions of 
        juvenile confinement, including methods that are designed to 
        minimize the use of dangerous practices, unreasonable 
        restraints, and isolation and methods responsive to cultural 
        differences; and
            ``(2) to encourage alternative behavior management 
        techniques based on positive youth development approaches that 
        may include methods responsive to cultural differences.
    ``(g) Training and Technical Assistance To Support Mental Health or 
Substance Abuse Treatment Including Home-Based or Community-Based 
Care.--The Administrator shall provide training and technical 
assistance, in conjunction with the appropriate public agencies, to 
individuals involved in making decisions regarding the disposition and 
management of cases for youth who enter the juvenile justice system 
about the appropriate services and placement for youth with mental 
health or substance abuse needs, including--
            ``(1) juvenile justice intake personnel;
            ``(2) probation officers;
            ``(3) juvenile court judges and court services personnel;
            ``(4) prosecutors and court-appointed counsel; and
            ``(5) family members of juveniles and family advocates.
    ``(h) Training and Technical Assistance to Support Juvenile Court 
Judges and Personnel.--The Attorney General, acting through the Office 
of Juvenile Justice and Delinquency Prevention and the Office of 
Justice Programs in consultation with entities in the profession, shall 
provide directly, or through grants or contracts, training and 
technical assistance to enhance the capacity of State and local courts, 
judges, and related judicial personnel to--
            ``(1) improve the lives of children currently involved in 
        or at risk of being involved in the juvenile court system; and
            ``(2) carry out the requirements of this Act.
    ``(i) Free and Reduced Price School Lunches for Incarcerated 
Juveniles.--The Attorney General, in consultation with the Secretary of 
Agriculture, shall provide guidance to States relating to existing 
options for school food authorities in the States to apply for 
reimbursement for free or reduced price lunches under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) for 
juveniles who are incarcerated and would, if not incarcerated, be 
eligible for free or reduced price lunches under that Act.''.

SEC. 209. ADMINISTRATIVE AUTHORITY.

    Section 299A of the Juvenile Justice and Delinquency Prevention Act 
of 1974 (34 U.S.C. 11182) is amended--
            (1) in subsection (d)--
                    (A) by inserting ``(1)'' before ``The 
                Administrator'';
                    (B) by striking ``, after appropriate consultation 
                with representatives of States and units of local 
                government,'';
                    (C) by inserting ``guidance,'' after 
                ``regulations,''; and
                    (D) by adding at the end the following: ``In 
                developing guidance and procedures, the Administrator 
                shall consult with representatives of States and units 
                of local government, including those individuals 
                responsible for administration of this Act and 
                compliance with the core requirements.
    ``(2) The Administrator shall ensure that--
            ``(A) reporting, compliance reporting, State plan 
        requirements, and other similar documentation as may be 
        required from States is requested in a manner that respects 
        confidentiality, encourages efficiency and reduces the 
        duplication of reporting efforts; and
            ``(B) States meeting all the core requirements are 
        encouraged to experiment with offering innovative, data-driven 
        programs designed to further improve the juvenile justice 
        system.''; and
            (2) in subsection (e), by striking ``requirements described 
        in paragraphs (11), (12), and (13) of section 223(a)'' and 
        inserting ``core requirements''.

TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES, 
            MENTORING, INTERVENTION, SUPPORT, AND EDUCATION

SEC. 301. SHORT TITLE.

    Section 501 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (34 U.S.C. 11101 note) is amended--
            (1) by inserting ``Youth Promise'' before ``Grants''; and
            (2) by striking ``2002'' and inserting ``2018''.

SEC. 302. DEFINITIONS.

    Section 502 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (34 U.S.C. 11281) is amended to read as 
follows:

``SEC. 502. DEFINITIONS.

    ``In this title--
            ``(1) the term `at-risk' has the meaning given that term in 
        section 1432 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6472);
            ``(2) the term `eligible entity' means--
                    ``(A) a unit of local government that is in 
                compliance with the requirements of part B of title II; 
                or
                    ``(B) a nonprofit organization in partnership with 
                a unit of local government described in subparagraph 
                (A);
            ``(3) the term `delinquency prevention program' means a 
        delinquency prevention program that is evidence-based or 
        promising and that may include--
                    ``(A) alcohol and substance abuse prevention or 
                treatment services;
                    ``(B) tutoring and remedial education, especially 
                in reading and mathematics;
                    ``(C) child and adolescent health and mental health 
                services;
                    ``(D) recreation services;
                    ``(E) leadership and youth development activities;
                    ``(F) the teaching that individuals are and should 
                be held accountable for their actions;
                    ``(G) assistance in the development of job training 
                skills;
                    ``(H) youth mentoring programs;
                    ``(I) after-school programs;
                    ``(J) coordination of a continuum of services that 
                may include--
                            ``(i) early childhood development services;
                            ``(ii) voluntary home visiting programs;
                            ``(iii) nurse-family partnership programs;
                            ``(iv) parenting skills training;
                            ``(v) child abuse prevention programs;
                            ``(vi) family stabilization programs;
                            ``(vii) child welfare services;
                            ``(viii) family violence intervention 
                        programs;
                            ``(ix) adoption assistance programs;
                            ``(x) emergency, transitional and permanent 
                        housing assistance;
                            ``(xi) job placement and retention 
                        training;
                            ``(xii) summer jobs programs;
                            ``(xiii) alternative school resources for 
                        youth who have dropped out of school or 
                        demonstrate chronic truancy;
                            ``(xiv) conflict resolution skill training;
                            ``(xv) restorative justice programs;
                            ``(xvi) mentoring programs;
                            ``(xvii) targeted gang prevention, 
                        intervention and exit services;
                            ``(xviii) training and education programs 
                        for pregnant teens and teen parents; and
                            ``(xix) pre-release, post-release, and 
                        reentry services to assist detained and 
                        incarcerated youth with transitioning back into 
                        and reentering the community; and
                    ``(K) other data-driven evidence-based or promising 
                prevention programs;
            ``(4) the term `local policy board', when used with respect 
        to an eligible entity, means a policy board that the eligible 
        entity will engage in the development of the eligible entity's 
        plan described in section 504(e)(5), and that includes--
                    ``(A) not fewer than 15 and not more than 21 
                members; and
                    ``(B) a balanced representation of--
                            ``(i) public agencies and private nonprofit 
                        organizations serving juveniles and their 
                        families; and
                            ``(ii) business and industry;
                    ``(C) at least one representative of the faith 
                community, one adjudicated youth, and one parent of an 
                adjudicated youth; and
                    ``(D) in the case of an eligible entity described 
                in paragraph (1)(B), a representative of the nonprofit 
                organization of the eligible entity;
            ``(5) the term `mentoring' means matching 1 adult with 1 or 
        more youths for the purpose of providing guidance, support, and 
        encouragement through regularly scheduled meetings for not less 
        than 9 months;
            ``(6) the term `State advisory group' means the advisory 
        group appointed by the chief executive officer of a State under 
        a plan described in section 223(a); and
            ``(7) the term `State entity' means the State agency 
        designated under section 223(a)(1) or the entity receiving 
        funds under section 223(d).''.

SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.

    Section 503 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (34 U.S.C. 11282) is amended--
            (1) by striking paragraph (1); and
            (2) by redesignating paragraphs (2) through (4) as 
        paragraphs (1) through (3), respectively.

SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.

    Section 504 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (34 U.S.C. 11281 et seq.) is amended to 
read as follows:

``SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.

    ``(a) Purpose.--The purpose of this section is to enable local 
communities to address the unmet needs of at-risk or delinquent youth, 
including through a continuum of delinquency prevention programs for 
juveniles who have had contact with the juvenile justice system or who 
are likely to have contact with the juvenile justice system.
    ``(b) Program Authorized.--The Administrator shall--
            ``(1) for each fiscal year for which less than $25,000,000 
        is appropriated under section 506, award grants to not fewer 
        than 3 State entities, but not more than 5 State entities, that 
        apply under subsection (c) and meet the requirements of 
        subsection (d); or
            ``(2) for each fiscal year for which $25,000,000 or more is 
        appropriated under section 506, award grants to not fewer than 
        5 State entities that apply under subsection (c) and meet the 
        requirements of subsection (d).
    ``(c) State Application.--To be eligible to receive a grant under 
this section, a State entity shall submit an application to the 
Administrator that includes the following:
            ``(1) An assurance the State entity will use--
                    ``(A) not more than 10 percent of such grant, in 
                the aggregate--
                            ``(i) for the costs incurred by the State 
                        entity to carry out this section, except that 
                        not more than 3 percent of such grant may be 
                        used for such costs; and
                            ``(ii) to provide technical assistance to 
                        eligible entities receiving a subgrant under 
                        subsection (e) in carrying out delinquency 
                        prevention programs under the subgrant; and
                    ``(B) the remainder of such grant to award 
                subgrants to eligible entities under subsection (e).
            ``(2) An assurance that such grant will supplement, and not 
        supplant, State and local efforts to prevent juvenile 
        delinquency.
            ``(3) An assurance the State entity will evaluate the 
        capacity of eligible entities receiving a subgrant under 
        subsection (e) to fulfill the requirements under such 
        subsection.
            ``(4) An assurance that such application was prepared after 
        consultation with, and participation by, the State advisory 
        group, units of local government, community-based 
        organizations, and organizations that carry out programs, 
        projects, or activities to prevent juvenile delinquency in the 
        local juvenile justice system served by the State entity.
    ``(d)  Approval of State Applications.--In awarding grants under 
this section for a fiscal year, the Administrator may not award a grant 
to a State entity for a fiscal year unless--
            ``(1)(A) the State that will be served by the State entity 
        submitted a plan under section 223 for such fiscal year; and
            ``(B) such plan is approved by the Administrator for such 
        fiscal year; or
            ``(2) after finding good cause for a waiver, the 
        Administrator waives the plan required under subparagraph (A) 
        for such State for such fiscal year.
    ``(e) Subgrant Program.--
            ``(1) Program authorized.--
                    ``(A) In general.--Each State entity receiving a 
                grant under this section shall award subgrants to 
                eligible entities in accordance with this subsection.
                    ``(B) Priority.--In awarding subgrants under this 
                subsection, the State shall give priority to eligible 
                entities that demonstrate ability in--
                            ``(i) plans for service and agency 
                        coordination and collaboration including the 
                        collocation of services;
                            ``(ii) innovative ways to involve the 
                        private nonprofit and business sector in 
                        delinquency prevention activities;
                            ``(iii) developing data-driven prevention 
                        plans, employing evidence-based prevention 
                        strategies, and conducting program evaluations 
                        to determine impact and effectiveness;
                            ``(iv) identifying under the plan submitted 
                        under paragraph (5) potential savings and 
                        efficiencies associated with successful 
                        implementation of such plan; and
                            ``(v) describing how such savings and 
                        efficiencies may be used to carry out 
                        delinquency prevention programs and be 
                        reinvested in the continuing implementation of 
                        such programs after the end of the subgrant 
                        period.
                    ``(C) Subgrant program period and diversity of 
                projects.--
                            ``(i) Program period.--A subgrant awarded 
                        to an eligible entity by a State entity under 
                        this section shall be for a period of not more 
                        than 5 years, of which the eligible entity--
                                    ``(I) may use not more than 18 
                                months for completing the plan 
                                submitted by the eligible entity under 
                                paragraph (5); and
                                    ``(II) shall use the remainder of 
                                the subgrant period, after planning 
                                period described in subclause (I), for 
                                the implementation of such plan.
                            ``(ii) Diversity of projects.--In awarding 
                        subgrants under this subsection, a State entity 
                        shall ensure, to the extent practicable and 
                        applicable, that such subgrants are distributed 
                        throughout different areas, including urban, 
                        suburban, and rural areas.
            ``(2) Local application.--An eligible entity that desires a 
        subgrant under this subsection shall submit an application to 
        the State entity in the State of the eligible entity, at such 
        time and in such manner as determined by the State entity, and 
        that includes--
                    ``(A) a description of--
                            ``(i) the local policy board and local 
                        partners the eligible entity will engage in the 
                        development of the plan described in paragraph 
                        (5);
                            ``(ii) the unmet needs of at-risk or 
                        delinquent youth in the community;
                            ``(iii) available resources in the 
                        community to meet the unmet needs identified in 
                        the needs assessment described in paragraph 
                        (5)(A);
                            ``(iv) potential costs to the community if 
                        the unmet needs are not addressed;
                    ``(B) a specific time period for the planning and 
                subsequent implementation of its continuum of local 
                delinquency prevention programs;
                    ``(C) the steps the eligible entity will take to 
                implement the plan under subparagraph (A); and
                    ``(D) a plan to continue the grant activity with 
                non-Federal funds, if proven successful according to 
                the performance evaluation process under paragraph 
                (5)(D), after the grant period.
            ``(3) Matching requirement.--An eligible entity desiring a 
        subgrant under this subsection shall agree to provide a 50 
        percent match of the amount of the subgrant that may include 
        the value of in-kind contributions.
            ``(4) Subgrant review.--
                    ``(A) Review.--Not later than the end of the second 
                year of a subgrant period for a subgrant awarded to an 
                eligible entity under this subsection and before 
                awarding the remaining amount of the subgrant to the 
                eligible entity, the State entity shall--
                            ``(i) ensure that the eligible entity has 
                        completed the plan submitted under paragraph 
                        (2) and that the plan meets the requirements of 
                        such paragraph; and
                            ``(ii) verify that the eligible entity will 
                        begin the implementation of its plan upon 
                        receiving the next installment of its subgrant 
                        award.
                    ``(B) Termination.--If the State entity finds 
                through the review conducted under subparagraph (A) 
                that the eligible entity has not met the requirements 
                of clause (i) of such subparagraph, the State entity 
                shall reallocate the amount remaining on the subgrant 
                of the eligible entity to other eligible entities 
                receiving a subgrant under this subsection or award the 
                amount to an eligible entity during the next subgrant 
                competition under this subsection.
            ``(5) Local uses of funds.--An eligible entity that 
        receives a subgrant under this subsection shall use the funds 
        to implement a plan to carry out delinquency prevention 
        programs in the community served by the eligible entity in a 
        coordinated manner with other delinquency prevention programs 
        or entities serving such community, which includes--
                    ``(A) an analysis of the unmet needs of at-risk or 
                delinquent youth in the community--
                            ``(i) which shall include--
                                    ``(I) the available resources in 
                                the community to meet the unmet needs; 
                                and
                                    ``(II) factors present in the 
                                community that may contribute to 
                                delinquency, such as homelessness, food 
                                insecurity, teen pregnancy, youth 
                                unemployment, family instability, lack 
                                of educational opportunity; and
                            ``(ii) may include an estimate--
                                    ``(I) for the most recent year for 
                                which reliable data is available, the 
                                amount expended by the community and 
                                other entities for delinquency 
                                adjudication for juveniles and the 
                                incarceration of adult offenders for 
                                offenses committed in such community; 
                                and
                                    ``(II) of potential savings and 
                                efficiencies that may be achieved 
                                through the implementation of the plan;
                    ``(B) a minimum 3-year comprehensive strategy to 
                address the unmet needs and an estimate of the amount 
                or percentage of non-Federal funds that are available 
                to carry out the strategy;
                    ``(C) a description of how delinquency prevention 
                programs under the plan will be coordinated;
                    ``(D) a description of the performance evaluation 
                process of the delinquency prevention programs to be 
                implemented under the plan, which shall include 
                performance measures to assess efforts to address the 
                unmet needs of youth in the community analyzed under 
                subparagraph (A);
                    ``(E) the evidence or promising evaluation on which 
                such delinquency prevention programs are based; and
                    ``(F) if such delinquency prevention programs are 
                proven successful according to the performance 
                evaluation process under subparagraph (D), a strategy 
                to continue such programs after the subgrant period 
                with non-Federal funds, including a description of how 
                any estimated savings or efficiencies created by the 
                implementation of the plan may be used to continue such 
                programs.''.

SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE 
              PROGRAMS.

    The Incentive Grants for Local Delinquency Prevention Programs Act 
of 2002 (34 U.S.C. 11281 et seq.) is amended by redesignating section 
505 as section 506, and by inserting after section 504 the following:

``SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE 
              PROGRAMS.

    ``(a) In General.--The Administrator shall make grants under this 
section, on a competitive basis, to eligible Indian Tribes (or 
consortia of Indian Tribes) as described in subsection (b)--
            ``(1) to support and enhance--
                    ``(A) tribal juvenile delinquency prevention 
                services; and
                    ``(B) the ability of Indian Tribes to respond to, 
                and care for, at-risk or delinquent youth upon release; 
                and
            ``(2) to encourage accountability of Indian tribal 
        governments with respect to preventing juvenile delinquency, 
        and responding to, and caring for, juvenile offenders.
    ``(b) Eligible Indian Tribes.--To be eligible to receive a grant 
under this section, an Indian Tribe or consortium of Indian Tribes 
shall submit to the Administrator an application in such form as the 
Administrator may require.
    ``(c) Considerations.--In providing grants under this section, the 
Administrator shall take into consideration, with respect to the Indian 
Tribe to be served, the--
            ``(1) juvenile delinquency rates;
            ``(2) school dropout rates; and
            ``(3) number of youth at risk of delinquency.
    ``(d) Availability of Funds.--Of the amount available for a fiscal 
year to carry out this title, 11 percent shall be available to carry 
out this section.''.

SEC. 306. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Evaluation.--Not later than 2 years after the end of the 5th 
fiscal year for which funds are appropriated to carry out the Incentive 
Grants for Local Delinquency Prevention Programs Act of 2002, the 
Comptroller General of the United States shall conduct an evaluation of 
a sample of subgrantees selected by the Comptroller General in 
accordance with subsection (b)) that received funds under section 
504(e) of such Act and shall submit a report of such evaluation to the 
Committee on the Judiciary of the United States Senate and the 
Committee on Education and the Workforce of the United States House of 
Representatives.
    (b) Considerations for Evaluation.--For purposes of subsection (a), 
the Comptroller General shall--
            (1) ensure that the sample to be evaluated is made up of 
        subgrantees in States that are diverse geographically and 
        economically; and
            (2) include in such sample subgrantees that proposed 
        different delinquency prevention programs.
    (c) Recommendations and Findings.--In conducting the evaluation 
required by subsection (a), the Comptroller General shall take into 
consideration whether--
            (1) the delinquency prevention programs for which 
        subgrantees received funds under section 504(e) of Incentive 
        Grants for Local Delinquency Prevention Programs Act of 2002 
        achieved the outcomes and results anticipated by the particular 
        State involved;
            (2) in the case of outcomes and results of delinquency 
        prevention programs defined by the State or a local entity, 
        unanticipated improved outcomes or results for juveniles 
        occurred;
            (3) the number of subgrantees that continue after the 
        expenditure of such funds to provide such delinquency 
        prevention programs;
            (4) such delinquency prevention programs replaced existing 
        or planned programs or activities in the State; and
            (5) the evidence-base information used to justify such 
        delinquency prevention programs was used with fidelity by local 
        entities in accordance with the approach used to find the 
        evidence;

SEC. 307. TECHNICAL AMENDMENT.

    Title V of the Juvenile Justice and Delinquency Prevention Act of 
1974 as enacted by Public Law 93-415 (88 Stat. 1133) (relating to 
miscellaneous and conforming amendments) is repealed.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Evaluation.--Not later than 1 year after the date of enactment 
of this Act, the Comptroller General of the United States shall--
            (1) conduct a comprehensive analysis and evaluation 
        regarding the performance of the Office of Juvenile Justice and 
        Delinquency Prevention (referred to in this section as ``the 
        agency''), its functions, its programs, and its grants;
            (2) conduct a comprehensive audit and evaluation of a 
        selected, sample of grantees (as determined by the Comptroller 
        General) that receive Federal funds under grant programs 
        administered by the agency including a review of internal 
        controls (as defined in section 103 of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (34 U.S.C. 11103), as 
        amended by this Act) to prevent fraud, waste, and abuse of 
        funds by grantees; and
            (3) submit a report in accordance with subsection (d).
    (b) Considerations for Evaluation.--In conducting the analysis and 
evaluation under subsection (a)(1), and in order to document the 
efficiency and public benefit of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (34 U.S.C. 11101 et seq.), the Comptroller 
General shall take into consideration--
            (1) the outcome and results of the programs carried out by 
        the agency and those programs administered through grants by 
        the agency;
            (2) the extent to which the agency has complied with the 
        Government Performance and Results Act of 1993 (Public Law 103-
        62; 107 Stat. 285);
            (3) the extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or conflict with 
        the jurisdiction and programs of other agencies;
            (4) the potential benefits of consolidating programs 
        administered by the agency with similar or duplicative programs 
        of other agencies, and the potential for consolidating those 
        programs;
            (5) whether less restrictive or alternative methods exist 
        to carry out the functions of the agency and whether current 
        functions or operations are impeded or enhanced by existing 
        statutes, rules, and procedures;
            (6) the number and types of beneficiaries or persons served 
        by programs carried out by the agency;
            (7) the manner with which the agency seeks public input and 
        input from State and local governments on the performance of 
        the functions of the agency;
            (8) the extent to which the agency complies with section 
        552 of title 5, United States Code (commonly known as the 
        Freedom of Information Act);
            (9) whether greater oversight is needed of programs 
        developed with grants made by the agency; and
            (10) the extent to which changes are necessary in the 
        authorizing statutes of the agency in order for the functions 
        of the agency to be performed in a more efficient and effective 
        manner.
    (c) Considerations for Audits.--In conducting the audit and 
evaluation under subsection (a)(2), and in order to document the 
efficiency and public benefit of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (34 U.S.C. 11101 et seq.), the Comptroller 
General shall take into consideration--
            (1) whether grantees timely file Financial Status Reports;
            (2) whether grantees have sufficient internal controls to 
        ensure adequate oversight of grant fund received;
            (3) whether disbursements were accompanied with adequate 
        supporting documentation (including invoices and receipts);
            (4) whether expenditures were authorized;
            (5) whether subrecipients of grant funds were complying 
        with program requirements;
            (6) whether salaries and fringe benefits of personnel were 
        adequately supported by documentation;
            (7) whether contracts were bid in accordance with program 
        guidelines; and
            (8) whether grant funds were spent in accordance with 
        program goals and guidelines.
    (d) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General of the United 
        States shall--
                    (A) submit a report regarding the evaluation 
                conducted under subsection (a) and audit under 
                subsection (b), to the Speaker of the House of 
                Representatives and the President pro tempore of the 
                Senate; and
                    (B) make the report described in subparagraph (A) 
                available to the public.
            (2) Contents.--The report submitted in accordance with 
        paragraph (1) shall include all audit findings determined by 
        the selected, statistically significant sample of grantees as 
        required by subsection (a)(2) and shall include the name and 
        location of any selected grantee as well as any findings 
        required by subsection (a)(2).

SEC. 402. AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND 
              OVERSIGHT.

    (a) In General.--The Juvenile Justice and Delinquency Prevention 
Act of 1974 (34 U.S.C. 11101 et seq.) is amended by adding at the end 
the following:

    ``TITLE VI--AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND 
                               OVERSIGHT

``SEC. 601. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this Act, 
except for titles III and IV, $176,000,000 for each of fiscal years 
2019 through 2023, of which not more than $96,053,401 shall be used to 
carry out title V for each such fiscal year.

``SEC. 602. ACCOUNTABILITY AND OVERSIGHT.

    ``(a) Sense of Congress.--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--
            ``(1) 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
            ``(2) 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.
    ``(b) Accountability.--
            ``(1) Agency program review.--
                    ``(A) Programmatic and financial assessment.--
                            ``(i) In general.--Not later than 60 days 
                        after the date of enactment of the Juvenile 
                        Justice Reform Act of 2018, 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--
                                    ``(I) 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--
                                            ``(aa) supporting 
                                        documentation was not provided 
                                        for cost reports;
                                            ``(bb) unauthorized 
                                        expenditures occurred; and
                                            ``(cc) subrecipients of 
                                        grant funds were not in 
                                        compliance with program 
                                        requirements;
                                    ``(II) 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
                                    ``(III) submit a report in 
                                accordance with clause (iv).
                            ``(ii) Considerations for evaluations.--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--
                                    ``(I) greater oversight is needed 
                                of programs developed with grants made 
                                by the agency;
                                    ``(II) 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
                                    ``(III) 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.
                            ``(iii) Considerations for audits.--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--
                                    ``(I) whether grantees timely file 
                                Financial Status Reports;
                                    ``(II) whether grantees have 
                                sufficient internal controls to ensure 
                                adequate oversight of grant funds 
                                received;
                                    ``(III) whether grantees' 
                                assertions of compliance with the core 
                                requirements were accompanied with 
                                adequate supporting documentation;
                                    ``(IV) whether expenditures were 
                                authorized;
                                    ``(V) whether subrecipients of 
                                grant funds were complying with program 
                                requirements; and
                                    ``(VI) whether grant funds were 
                                spent in accordance with the program 
                                goals and guidelines.
                            ``(iv) Report.--The Director shall--
                                    ``(I) 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
                                    ``(II) shall make such report 
                                available to the public online, not 
                                later than 1 year after the date of 
                                enactment of this section.
                    ``(B) Analysis of internal controls.--
                            ``(i) In general.--Not later than 30 days 
                        after the date of enactment of the Juvenile 
                        Justice Reform Act of 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 titles II and V are following the 
                        requirements of the grant programs authorized 
                        under titles II and V.
                            ``(ii) Report.--Not later than 180 days 
                        after the date of enactment of the Juvenile 
                        Justice Reform Act of 2018, the Administrator 
                        shall submit to Congress a report containing--
                                    ``(I) the findings of the analysis 
                                and evaluation conducted under clause 
                                (i);
                                    ``(II) 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
                                    ``(III) a description of--
                                            ``(aa) the analysis 
                                        conducted under clause (i);
                                            ``(bb) whether the funds 
                                        awarded under titles II and V 
                                        have been used in accordance 
                                        with law, regulations, program 
                                        guidance, and applicable plans; 
                                        and
                                            ``(cc) 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.
                    ``(C) Report by the attorney general.--Not later 
                than 180 days after the date of enactment of the 
                Juvenile Justice Reform Act of 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 title II.
            ``(2) Office of inspector general performance audits.--
                    ``(A) In general.--In order to ensure the effective 
                and appropriate use of grants administered under this 
                Act (excluding title 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 Act.
                    ``(B) Assessment.--Not later than 1 year after the 
                date of enactment of the Juvenile Justice Reform Act of 
                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.
                    ``(C) Public availability on website.--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.
                    ``(D) Mandatory exclusion.--A recipient of grant 
                funds under this Act (excluding title IV) that is found 
                to have an unresolved audit finding shall not be 
                eligible to receive grant funds under this Act 
                (excluding title IV) during the first 2 fiscal years 
                beginning after the 12-month period beginning on the 
                date on which the audit report is issued.
                    ``(E) Priority.--In awarding grants under this Act 
                (excluding title 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 Act.
                    ``(F) Reimbursement.--If a State or an Indian Tribe 
                is awarded a grant under this Act (excluding title IV) 
                during the 2-fiscal-year period in which the recipient 
                is barred from receiving grants under subparagraph (D), 
                the Attorney General shall--
                            ``(i) 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
                            ``(ii) seek to recoup the costs of the 
                        repayment to the general fund under clause (i) 
                        from the grantee that was erroneously awarded 
                        grant funds.
                    ``(G) Definition.--In this paragraph, the term 
                `unresolved audit finding' means a finding in the final 
                audit report of the Inspector General--
                            ``(i) that the audited State or Indian 
                        Tribe has used grant funds for an unauthorized 
                        expenditure or otherwise unallowable cost; and
                            ``(ii) that is not closed or resolved 
                        during the 12-month period beginning on the 
                        date on which the final audit report is issued.
            ``(3) Nonprofit organization requirements.--
                    ``(A) Definition.--For purposes of this paragraph 
                and the grant programs described in this Act (excluding 
                title IV), 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.
                    ``(B) Prohibition.--The Administrator may not award 
                a grant under any grant program described in this Act 
                (excluding title 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 
                the Internal Revenue Code of 1986.
                    ``(C) Disclosure.--
                            ``(i) In general.--Each nonprofit 
                        organization that is awarded a grant under a 
                        grant program described in this Act (excluding 
                        title IV) 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--
                                    ``(I) the independent persons 
                                involved in reviewing and approving 
                                such compensation;
                                    ``(II) the comparability data used; 
                                and
                                    ``(III) contemporaneous 
                                substantiation of the deliberation and 
                                decision.
                            ``(ii) Public inspection upon request.--
                        Upon request, the Administrator shall make the 
                        information disclosed under clause (i) 
                        available for public inspection.
            ``(4) Conference expenditures.--
                    ``(A) Limitation.--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.
                    ``(B) Written approval.--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.
                    ``(C) Report.--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.
            ``(5) Prohibition on lobbying activity.--
                    ``(A) In general.--Amounts authorized to be 
                appropriated under this Act may not be utilized by any 
                recipient of a grant made using such amounts--
                            ``(i) to lobby any representative of the 
                        Department of Justice regarding the award of 
                        grant funding; or
                            ``(ii) to lobby any representative of a 
                        Federal, State, local, or tribal government 
                        regarding the award of grant funding.
                    ``(B) Penalty.--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--
                            ``(i) require the recipient to repay the 
                        grant in full; and
                            ``(ii) prohibit the recipient to receive 
                        another grant under this Act for not less than 
                        5 years.
                    ``(C) Clarification.--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).
            ``(6) Annual certification.--Beginning in the 1st fiscal 
        year that begins after the effective date 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 Education and the Workforce and the Committee on 
        Appropriations of the House of Representatives, an annual 
        certification that--
                    ``(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;
                    ``(B) all mandatory exclusions required under 
                paragraph (2)(D) have been issued;
                    ``(C) all reimbursements required under paragraph 
                (2)(F)(i) have been made; and
                    ``(D) includes a list of any grant recipients 
                excluded under paragraph (2) during the then preceding 
                fiscal year.
    ``(c) Preventing Duplicative Grants.--
            ``(1) In general.--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.
            ``(2) Report.--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) a list of all duplicate grants awarded, 
                including the total dollar amount of any duplicate 
                grants awarded; and
                    ``(B) the reason the Attorney General awarded the 
                duplicative grant.
    ``(d) Compliance With Auditing Standards.--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.''.
    (b) Authorization of Appropriations.--Section 388(a) of the 
Juvenile Justice and Delinquency Prevention Act (34 U.S.C. 11280(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``section 345 and''; and
                    (B) by striking ``$140,000,000 for fiscal year 
                2009, and such sums as may be necessary for fiscal 
                years 2010, 2011, 2012, and 2013'' and inserting 
                ``$127,421,000 for each of fiscal years 2019 through 
                2020'';
            (2) in paragraph (3), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Periodic estimate.--Of the amount authorized 
                to be appropriated under paragraph (1), such sums as 
                may be necessary shall be made available to carry out 
                section 345 for each of fiscal years 2019 through 
                2020.''; and
            (3) in paragraph (4), by striking ``fiscal year 2009 and 
        such sums as may be necessary for fiscal years 2010, 2011, 
        2012, and 2013'' and inserting ``each of fiscal years 2019 
        through 2020''.
    (c) Technical and Conforming Amendments.--The Juvenile Justice and 
Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) is amended 
by striking--
            (1) section 299 (34 U.S.C. 11171); and
            (2) section 505.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                               H.R. 6964

_______________________________________________________________________

                               AMENDMENT