[Congressional Record Volume 164, Number 161 (Friday, September 28, 2018)]
[House]
[Pages H9359-H9369]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  JUVENILE JUSTICE REFORM ACT OF 2018

  Mr. LEWIS of Minnesota. Mr. Speaker, I ask unanimous consent that the 
Committee on Education and the Workforce be discharged from further 
consideration of the bill (H.R. 6964) to reauthorize and improve the 
Juvenile Justice and Delinquency Prevention Act of 1974, and for other 
purposes, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  The text of the bill is as follows:

                               H.R. 6964

       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.

[[Page H9360]]

  


     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

[[Page H9361]]

     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,

[[Page H9362]]

     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

[[Page H9363]]

       ``(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--

[[Page H9364]]

       ``(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

[[Page H9365]]

     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).''.

[[Page H9366]]

  


     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

[[Page H9367]]

     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--

[[Page H9368]]

       ``(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--

[[Page H9369]]

       ``(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) 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.

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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