[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6964 Enrolled Bill (ENR)]
H.R.6964
One Hundred Fifteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and eighteen
An Act
To reauthorize and improve the Juvenile Justice and Delinquency
Prevention Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.