[Congressional Record Volume 164, Number 161 (Friday, September 28, 2018)]
[House]
[Pages H9390-H9392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TIFFANY JOSLYN JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
REAUTHORIZATION ACT OF 2017
Mr. MARINO. Mr. Speaker, I ask unanimous consent that the Committee
on the Judiciary be discharged from further consideration of the bill
(H.R. 68) to amend the Omnibus Crime Control and Safe Streets Act of
1968 to reauthorize the Juvenile Accountability Block Grant program,
and for other purposes, and ask for its immediate consideration in the
House.
The Clerk read the title of the bill.
[[Page H9391]]
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The text of the bill is as follows:
H.R. 68
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 ``Tiffany Joslyn Juvenile
Accountability Block Grant Program Reauthorization Act of
2017''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK
GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated sanctions''
and inserting ``graduated sanctions and incentives'';
(B) in paragraph (3), by striking ``hiring juvenile court
judges, probation officers, and court-appointed defenders and
special advocates, and'';
(C) by striking paragraphs (4) and (7), and redesignating
paragraphs (5) through (17) as paragraphs (4) through (15),
respectively; and
(D) in paragraph (11), as so redesignated, by striking
``research-based bullying, cyberbullying, and gang prevention
programs'' and inserting ``interventions such as researched-
based anti-bullying, anti-cyberbullying, and gang prevention
programs, as well as mental health services and trauma-
informed practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``,
incentives,'';
(B) in subsection (e)(1)(B), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction may include'' the
following: ``a range of court-approved interventions, such
as''; and
(II) by inserting after ``a fine,'' the following: ``a
restorative justice program,''; and
(ii) by inserting after paragraph (2) the following:
``(3) Incentives.--The term `incentives' means
individualized, goal-oriented, and graduated responses to a
juvenile offender's compliance with court orders and case
disposition terms designed to reinforce or modify the skills
and behaviors of the juvenile offender. An incentive may
include a certificate of achievement, a letter of
recommendation, a family or program activity, a meeting or
special outing with a community leader, a reduction in
community service hours, a reduced curfew or home
restriction, a decrease in required court appearances, or a
decrease in the term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each
of fiscal years 2006 through 2009'' and inserting
``$25,000,000 for each of fiscal years 2018 through 2022'';
and
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this
section, the term `applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of
Representatives.
``(b) Accountability.--All grants awarded by the Attorney
General under this part shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months after the date on which the
final audit report is issued.
``(B) Audit.--Beginning in the first fiscal year beginning
after the date of enactment of this section, and in each
fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants awarded by the Attorney General under this part to
prevent waste, fraud, and abuse of funds by grantees. The
Inspector General shall determine the appropriate number of
grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds
under this part that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this part during the first 2 fiscal years beginning after the
end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this part, the
Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this part.
``(E) Reimbursement.--If an entity is awarded grant funds
under this part during the 2-fiscal-year period during which
the entity is barred from receiving grants under subparagraph
(C), 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
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section,
the Attorney General shall submit to the applicable
committees an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector General of the
Department of Justice under paragraph (1) have been completed
and reviewed by the appropriate Assistant Attorney General or
Director;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E)
have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with other grants
awarded under this part by the Attorney General to determine
if duplicate grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable
committees a report that includes--
``(A) a list of all duplicate grants awarded under this
part, including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Attorney General awarded the duplicate
grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best
practices is encouraged for all activities for which grants
under part R of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 may be used.
SEC. 4. USE OF AMOUNTS MADE AVAILABLE FOR DEPARTMENT OF
JUSTICE, GENERAL ADMINISTRATION TO CARRY OUT
JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM.
In each of fiscal years 2018 through 2022, the Attorney
General shall use up to $25,000,000 of the amounts made
available for Department of Justice, General Administration,
to carry out part R of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.).
Amendment Offered by Mr. Marino
Mr. MARINO. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:
Strike all that follows after the enacting clause and
insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tiffany Joslyn Juvenile
Accountability Block Grant Program Reauthorization Act of
2017''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK
GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated sanctions''
and inserting ``graduated sanctions and incentives'';
(B) in paragraph (3), by striking ``hiring juvenile court
judges, probation officers, and court-appointed defenders and
special advocates, and'';
(C) by striking paragraphs (4) and (7), and redesignating
paragraphs (5) through (17) as paragraphs (4) through (15),
respectively; and
(D) in paragraph (11), as so redesignated, by striking
``research-based bullying, cyberbullying, and gang prevention
programs'' and inserting ``interventions such as researched-
based anti-bullying, anti-cyberbullying, and gang prevention
programs, as well as mental health services and trauma-
informed practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``,
incentives,'';
(B) in subsection (e)(1)(B), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction may include'' the
following: ``a range of court-approved interventions, such
as''; and
(II) by inserting after ``a fine,'' the following: ``a
restorative justice program,''; and
(ii) by inserting after paragraph (2) the following:
``(3) Incentives.--The term `incentives' means
individualized, goal-oriented, and graduated responses to a
juvenile offender's compliance with court orders and case
disposition terms designed to reinforce or modify the skills
and behaviors of the juvenile offender. An incentive may
include a certificate of achievement, a letter of
recommendation, a family or program activity, a meeting or
special outing with a community leader, a reduction in
community service hours, a reduced curfew or home
restriction, a decrease in required court appearances, or a
decrease in the term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each
of fiscal years 2006 through 2009'' and inserting
``$30,000,000 for fiscal year 2020''; and
[[Page H9392]]
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this
section, the term `applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of
Representatives.
``(b) Accountability.--All grants awarded by the Attorney
General under this part shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months after the date on which the
final audit report is issued.
``(B) Audit.--Beginning in the first fiscal year beginning
after the date of enactment of this section, and in each
fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants awarded by the Attorney General under this part to
prevent waste, fraud, and abuse of funds by grantees. The
Inspector General shall determine the appropriate number of
grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds
under this part that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this part during the first 2 fiscal years beginning after the
end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this part, the
Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this part.
``(E) Reimbursement.--If an entity is awarded grant funds
under this part during the 2-fiscal-year period during which
the entity is barred from receiving grants under subparagraph
(C), 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
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section,
the Attorney General shall submit to the applicable
committees an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector General of the
Department of Justice under paragraph (1) have been completed
and reviewed by the appropriate Assistant Attorney General or
Director;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E)
have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney General
shall compare potential grant awards with other grants
awarded under this part by the Attorney General to determine
if duplicate grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable
committees a report that includes--
``(A) a list of all duplicate grants awarded under this
part, including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Attorney General awarded the duplicate
grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best
practices is encouraged for all activities for which grants
under part R of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 may be used.
SEC. 4. EMERGENCY FEDERAL LAW ENFORCEMENT ASSISTANCE.
Section 609Y(a) of the Justice Assistance Act of 1984 (34
U.S.C. 50112(a)) is amended by striking ``September 30,
2021'' and inserting ``September 30, 2023''.
Mr. MARINO (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading of the amendment.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
The amendment was agreed to.
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.
____________________