[Congressional Record Volume 164, Number 195 (Tuesday, December 11, 2018)]
[Senate]
[Pages S7438-S7447]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4075. Mr. PERDUE (for Mr. Grassley) proposed an amendment to the
bill H.R. 6964, to reauthorize and improve the Juvenile Justice and
Delinquency Prevention Act of 1974, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Reform Act
of 2018''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Application of amendments.
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
Sec. 101. Purposes.
Sec. 102. Definitions.
TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION
PROGRAM
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Repeal of juvenile delinquency prevention block grant
program.
Sec. 207. Research and evaluation; statistical analyses; information
dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Administrative authority.
TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES,
MENTORING, INTERVENTION, SUPPORT, AND EDUCATION
Sec. 301. Short Title.
Sec. 302. Definitions.
Sec. 303. Duties and functions of the administrator.
Sec. 304. Grants for delinquency prevention programs.
Sec. 305. Grants for tribal delinquency prevention and response
programs.
Sec. 306. Evaluation by Government Accountability Office.
Sec. 307. Technical amendment.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Authorization of appropriations; accountability and
oversight.
SEC. 3. APPLICATION OF AMENDMENTS.
The amendments made by this Act shall not apply with
respect to funds appropriated for any fiscal year that begins
before the date of the enactment of this Act.
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
SEC. 101. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11102) is amended--
(1) in paragraph (1), by inserting ``, tribal,'' after
``State'';
(2) in paragraph (2)--
(A) by inserting ``, tribal,'' after ``State''; and
(B) by striking ``and'' at the end;
(3) by amending paragraph (3) to read as follows:
``(3) to assist State, tribal, and local governments in
addressing juvenile crime through the provision of technical
assistance, research, training, evaluation, and the
dissemination of current and relevant information on
effective and evidence-based programs and practices for
combating juvenile delinquency; and''; and
(4) by adding at the end the following:
``(4) to support a continuum of evidence-based or promising
programs (including delinquency prevention, intervention,
mental health, behavioral health and substance abuse
treatment, family services, and services for children exposed
to violence) that are trauma informed, reflect the science of
adolescent development, and are designed to meet the needs of
at-risk youth and youth who come into contact with the
justice system.''.
SEC. 102. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11103) is amended--
(1) in paragraph (8)--
(A) in subparagraph (B)(ii), by adding ``or'' at the end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph (C);
(2) in paragraph (18)--
(A) by inserting ``for purposes of title II,'' before ``the
term''; and
(B) by adding at the end the following:
``that has a law enforcement function, as determined by the
Secretary of the Interior in consultation with the Attorney
General;'';
(3) by amending paragraph (22) to read as follows:
``(22) the term `jail or lockup for adults' means a secure
facility that is used by a State, unit of local government,
or law enforcement authority to detain or confine adult
inmates;'';
(4) by amending paragraph (25) to read as follows:
``(25) the term `sight or sound contact' means any
physical, clear visual, or verbal contact that is not brief
and inadvertent;'';
(5) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal responsibility
under applicable State law; and
``(ii) has been arrested and is in custody for or awaiting
trial on a criminal charge, or is convicted of a criminal
offense; and
``(B) does not include an individual who--
``(i) at the time of the offense, was younger than the
maximum age at which a youth can be held in a juvenile
facility under applicable State law; and
``(ii) was committed to the care and custody or
supervision, including post-placement or parole supervision,
of a juvenile correctional agency by a court of competent
jurisdiction or by operation of applicable State law;'';
(6) in paragraph (28), by striking ``and'' at the end;
(7) in paragraph (29), by striking the period at the end
and inserting a semicolon; and
(8) by adding at the end the following:
``(30) the term `core requirements'--
``(A) means the requirements described in paragraphs (11),
(12), (13), and (15) of section 223(a); and
``(B) does not include the data collection requirements
described in subparagraphs (A) through (K) of section 207(1);
``(31) the term `chemical agent' means a spray or injection
used to temporarily incapacitate a person, including
oleoresin capsicum spray, tear gas, and 2-
chlorobenzalmalononitrile gas;
``(32) the term `isolation'--
``(A) means any instance in which a youth is confined alone
for more than 15 minutes in a room or cell; and
``(B) does not include--
``(i) confinement during regularly scheduled sleeping
hours;
[[Page S7439]]
``(ii) separation based on a treatment program approved by
a licensed medical or mental health professional;
``(iii) confinement or separation that is requested by the
youth; or
``(iv) the separation of the youth from a group in a
nonlocked setting for the limited purpose of calming;
``(33) the term `restraints' has the meaning given that
term in section 591 of the Public Health Service Act (42
U.S.C. 290ii);
``(34) the term `evidence-based' means a program or
practice that--
``(A) is demonstrated to be effective when implemented with
fidelity;
``(B) is based on a clearly articulated and empirically
supported theory;
``(C) has measurable outcomes relevant to juvenile justice,
including a detailed description of the outcomes produced in
a particular population, whether urban or rural; and
``(D) has been scientifically tested and proven effective
through randomized control studies or comparison group
studies and with the ability to replicate and scale;
``(35) the term `promising' means a program or practice
that--
``(A) is demonstrated to be effective based on positive
outcomes relevant to juvenile justice from one or more
objective, independent, and scientifically valid evaluations,
as documented in writing to the Administrator; and
``(B) will be evaluated through a well-designed and
rigorous study, as described in paragraph (34)(D);
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, procedure, or program;
``(37) the term `screening' means a brief process--
``(A) designed to identify youth who may have mental
health, behavioral health, substance abuse, or other needs
requiring immediate attention, intervention, and further
evaluation; and
``(B) the purpose of which is to quickly identify a youth
with possible mental health, behavioral health, substance
abuse, or other needs in need of further assessment;
``(38) the term `assessment' includes, at a minimum, an
interview and review of available records and other pertinent
information--
``(A) by an appropriately trained professional who is
licensed or certified by the applicable State in the mental
health, behavioral health, or substance abuse fields; and
``(B) which is designed to identify significant mental
health, behavioral health, or substance abuse treatment needs
to be addressed during a youth's confinement;
``(39) for purposes of section 223(a)(15), the term
`contact' means the points at which a youth and the juvenile
justice system or criminal justice system officially
intersect, including interactions with a juvenile justice,
juvenile court, or law enforcement official;
``(40) the term `trauma-informed' means--
``(A) understanding the impact that exposure to violence
and trauma have on a youth's physical, psychological, and
psychosocial development;
``(B) recognizing when a youth has been exposed to violence
and trauma and is in need of help to recover from the adverse
impacts of trauma; and
``(C) responding in ways that resist retraumatization;
``(41) the term `racial and ethnic disparity' means
minority youth populations are involved at a decision point
in the juvenile justice system at disproportionately higher
rates than non-minority youth at that decision point;
``(42) the term `status offender' means a juvenile who is
charged with or who has committed an offense that would not
be criminal if committed by an adult;
``(43) the term `rural' means an area that is not located
in a metropolitan statistical area, as defined by the Office
of Management and Budget;
``(44) the term `internal controls' means a process
implemented to provide reasonable assurance regarding the
achievement of objectives in--
``(A) effectiveness and efficiency of operations, such as
grant management practices;
``(B) reliability of reporting for internal and external
use; and
``(C) compliance with applicable laws and regulations, as
well as recommendations of the Office of Inspector General
and the Government Accountability Office; and
``(45) the term `tribal government' means the governing
body of an Indian Tribe.''.
TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION
PROGRAM
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11114) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``a long-term plan, and implement'' and
inserting the following: ``a long-term plan to improve the
juvenile justice system in the United States, taking into
account scientific knowledge regarding adolescent development
and behavior and regarding the effects of delinquency
prevention programs and juvenile justice interventions on
adolescents, and shall implement''; and
(ii) by striking ``research, and improvement of the
juvenile justice system in the United States'' and inserting
``and research''; and
(B) in paragraph (2)(B), by striking ``Federal Register''
and all that follows and inserting ``Federal Register during
the 30-day period ending on October 1 of each year.''; and
(2) in subsection (b)--
(A) by striking paragraph (7);
(B) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(C) by inserting after paragraph (4), the following:
``(5) not later than 1 year after the date of enactment of
the Juvenile Justice Reform Act of 2018, in consultation with
Indian Tribes, develop a policy for the Office of Juvenile
Justice and Delinquency Prevention to collaborate with
representatives of Indian Tribes with a criminal justice
function on the implementation of the provisions of this Act
relating to Indian Tribes;'';
(D) in paragraph (6), as so redesignated, by adding ``and''
at the end; and
(E) in paragraph (7), as so redesignated--
(i) by striking ``monitoring'';
(ii) by striking ``section 223(a)(15)'' and inserting
``section 223(a)(14)''; and
(iii) by striking ``to review the adequacy of such systems;
and'' and inserting ``for monitoring compliance.''.
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11116) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``the Assistant Secretary for Mental
Health and Substance Use, the Secretary of the Interior,''
after ``the Secretary of Health and Human Services,''; and
(ii) by striking ``Commissioner of Immigration and
Naturalization'' and inserting ``Assistant Secretary for
Immigration and Customs Enforcement''; and
(B) in paragraph (2), by striking ``United States'' and
inserting ``Federal Government''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs (12)(A),
(13), and (14) of section 223(a) of this title'' and
inserting ``the core requirements''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``, on an annual basis'' after ``collectively''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) not later than 120 days after the completion of the
last meeting of the Council during any fiscal year, submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on the Judiciary of the
Senate a report that--
``(i) contains the recommendations described in
subparagraph (A);
``(ii) includes a detailed account of the activities
conducted by the Council during the fiscal year, including a
complete detailed accounting of expenses incurred by the
Council to conduct operations in accordance with this
section;
``(iii) is published on the websites of the Office of
Juvenile Justice and Delinquency Prevention, the Council, and
the Department of Justice; and
``(iv) is in addition to the annual report required under
section 207.''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11117) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``and gender'' and
inserting ``, gender, and ethnicity, as such term is defined
by the Bureau of the Census,'';
(B) in subparagraph (E), by striking ``and'' at the end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before ``disabilities,'';
and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(G) a summary of data from 1 month of the applicable
fiscal year of the use of restraints and isolation upon
juveniles held in the custody of secure detention and
correctional facilities operated by a State or unit of local
government;
``(H) the number of status offense cases petitioned to
court, number of status offenders held in secure detention,
the findings used to justify the use of secure detention, and
the average period of time a status offender was held in
secure detention;
``(I) the number of juveniles released from custody and the
type of living arrangement to which they are released;
``(J) the number of juveniles whose offense originated on
school grounds, during school-sponsored off-campus
activities, or due to a referral by a school official, as
collected and reported by the Department of Education or
similar State educational agency; and
``(K) the number of juveniles in the custody of secure
detention and correctional facilities operated by a State or
unit of local or tribal government who report being
pregnant.''; and
(3) by adding at the end the following:
[[Page S7440]]
``(5) A description of the criteria used to determine what
programs qualify as evidence-based and promising programs
under this title and title V and a comprehensive list of
those programs the Administrator has determined meet such
criteria in both rural and urban areas.
``(6) A description of funding provided to Indian Tribes
under this Act or for a juvenile delinquency or prevention
program under the Tribal Law and Order Act of 2010 (Public
Law 111-211; 124 Stat. 2261), including direct Federal grants
and funding provided to Indian Tribes through a State or unit
of local government.
``(7) An analysis and evaluation of the internal controls
at the Office of Juvenile Justice and Delinquency Prevention
to determine if grantees are following the requirements of
the Office of Juvenile Justice and Delinquency Prevention
grant programs and what remedial action the Office of
Juvenile Justice and Delinquency Prevention has taken to
recover any grant funds that are expended in violation of the
grant programs, including instances--
``(A) in which supporting documentation was not provided
for cost reports;
``(B) where unauthorized expenditures occurred; or
``(C) where subrecipients of grant funds were not compliant
with program requirements.
``(8) An analysis and evaluation of the total amount of
payments made to grantees that the Office of Juvenile Justice
and Delinquency Prevention recouped from grantees that were
found to be in violation of policies and procedures of the
Office of Juvenile Justice and Delinquency Prevention grant
programs, including--
``(A) the full name and location of the grantee;
``(B) the violation of the program found;
``(C) the amount of funds sought to be recouped by the
Office of Juvenile Justice and Delinquency Prevention; and
``(D) the actual amount recouped by the Office of Juvenile
Justice and Delinquency Prevention.''.
SEC. 204. ALLOCATION OF FUNDS.
(a) Technical Assistance.--Section 221(b)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11131(b)(1)) is amended by striking ``2 percent'' and
inserting ``5 percent''.
(b) Other Allocations.--Section 222 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (34 U.S.C. 11132) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``age eighteen'' and
inserting ``18 years of age, based on the most recent data
available from the Bureau of the Census''; and
(B) by striking paragraphs (2) and (3) and inserting the
following:
``(2)(A) If the aggregate amount appropriated for a fiscal
year to carry out this title is less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not
less than $400,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not
less than $75,000.
``(B) If the aggregate amount appropriated for a fiscal
year to carry out this title is not less than $75,000,000,
then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not
less than $600,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not
less than $100,000.'';
(2) in subsection (c), by striking ``efficient
administration, including monitoring, evaluation, and one
full-time staff position'' and inserting ``effective and
efficient administration of funds, including the designation
of not less than one individual who shall coordinate efforts
to achieve and sustain compliance with the core requirements
and certify whether the State is in compliance with such
requirements''; and
(3) in subsection (d), by striking ``5 per centum of the
minimum'' and inserting ``not more than 5 percent of the''.
(c) Charles Grassley Juvenile Justice and Delinquency
Prevention Program.--Part B of title II of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11131 et seq.) is amended--
(1) in the part heading, by striking ``Federal Assistance
for State and Local Programs'' and inserting ``Charles
Grassley Juvenile Justice and Delinquency Prevention
Program''; and
(2) by inserting before section 221 the following:
``short title
``Sec. 220. This part may be cited as the `Charles Grassley
Juvenile Justice and Delinquency Prevention Program'.''.
SEC. 205. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11133) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and shall describe the status of compliance with State plan
requirements.'' and inserting ``and shall describe how the
State plan is supported by or takes account of scientific
knowledge regarding adolescent development and behavior and
regarding the effects of delinquency prevention programs and
juvenile justice interventions on adolescents. Not later than
60 days after the date on which a plan or amended plan
submitted under this subsection is finalized, a State shall
make the plan or amended plan publicly available by posting
the plan or amended plan on the State's publicly available
website.'';
(B) in paragraph (1), by striking ``described in section
299(c)(1)'' and inserting ``as designated by the chief
executive officer of the State'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting ``adolescent development,''
after ``concerning'';
(II) in clause (ii)--
(aa) in subclause (III), by striking ``mental health,
education, special education'' and inserting ``child and
adolescent mental health, education, child and adolescent
substance abuse, special education, services for youth with
disabilities'';
(bb) in subclause (V), by striking ``delinquents or
potential delinquents'' and inserting ``delinquent youth or
youth at risk of delinquency'';
(cc) in subclause (VI), by striking ``youth workers
involved with'' and inserting ``representatives of'';
(dd) in subclause (VII), by striking ``and'' at the end;
(ee) by striking subclause (VIII) and inserting the
following:
``(VIII) persons, licensed or certified by the applicable
State, with expertise and competence in preventing and
addressing mental health and substance abuse needs in
delinquent youth and youth at risk of delinquency;
``(IX) representatives of victim or witness advocacy
groups, including at least one individual with expertise in
addressing the challenges of sexual abuse and exploitation
and trauma, particularly the needs of youth who experience
disproportionate levels of sexual abuse, exploitation, and
trauma before entering the juvenile justice system; and
``(X) for a State in which one or more Indian Tribes are
located, an Indian tribal representative (if such
representative is available) or other individual with
significant expertise in tribal law enforcement and juvenile
justice in Indian tribal communities;'';
(III) in clause (iv), by striking ``24 at the time of
appointment'' and inserting ``28 at the time of initial
appointment''; and
(IV) in clause (v) by inserting ``or, if not feasible and
in appropriate circumstances, who is the parent or guardian
of someone who has been or is currently under the
jurisdiction of the juvenile justice system'' after
``juvenile justice system'';
(ii) in subparagraph (C), by striking ``30 days'' and
inserting ``45 days'';
(iii) in subparagraph (D)--
(I) in clause (i), by striking ``and'' at the end; and
(II) in clause (ii), by striking ``at least annually
recommendations regarding State compliance with the
requirements of paragraphs (11), (12), and (13)'' and
inserting ``at least every 2 years a report and necessary
recommendations regarding State compliance with the core
requirements''; and
(iv) in subparagraph (E)--
(I) in clause (i), by adding ``and'' at the end; and
(II) in clause (ii), by striking the period at the end and
inserting a semicolon;
(D) in paragraph (5)(C), by striking ``Indian tribes'' and
all that follows through ``applicable to the detention and
confinement of juveniles'' and inserting ``Indian Tribes that
agree to attempt to comply with the core requirements
applicable to the detention and confinement of juveniles'';
(E) in paragraph (7)--
(i) in subparagraph (A), by striking ``performs law
enforcement functions'' and inserting ``has jurisdiction'';
and
(ii) in subparagraph (B)--
(I) in clause (iii), by striking ``and'' at the end; and
(II) by striking clause (iv) and inserting the following:
``(iv) a plan to provide alternatives to detention for
status offenders, survivors of commercial sexual
exploitation, and others, where appropriate, such as
specialized or problem-solving courts or diversion to home-
based or community-based services or treatment for those
youth in need of mental health, substance abuse, or co-
occurring disorder services at the time such juveniles first
come into contact with the juvenile justice system;
``(v) a plan to reduce the number of children housed in
secure detention and corrections facilities who are awaiting
placement in residential treatment programs;
``(vi) a plan to engage family members, where appropriate,
in the design and delivery of juvenile delinquency prevention
and treatment services, particularly post-placement;
``(vii) a plan to use community-based services to respond
to the needs of at-risk youth or youth who have come into
contact with the juvenile justice system;
``(viii) a plan to promote evidence-based and trauma-
informed programs and practices; and
``(ix) not later than 1 year after the date of enactment of
the Juvenile Justice Reform Act of 2018, a plan which shall
be implemented not later than 2 years after the date of
enactment of the Juvenile Justice Reform Act of 2018, to--
``(I) eliminate the use of restraints of known pregnant
juveniles housed in secure
[[Page S7441]]
juvenile detention and correction facilities, during labor,
delivery, and post-partum recovery, unless credible,
reasonable grounds exist to believe the detainee presents an
immediate and serious threat of hurting herself, staff, or
others; and
``(II) eliminate the use of abdominal restraints, leg and
ankle restraints, wrist restraints behind the back, and four-
point restraints on known pregnant juveniles, unless--
``(aa) credible, reasonable grounds exist to believe the
detainee presents an immediate and serious threat of hurting
herself, staff, or others; or
``(bb) reasonable grounds exist to believe the detainee
presents an immediate and credible risk of escape that cannot
be reasonably minimized through any other method;'';
(F) in paragraph (8), by striking ``existing'' and
inserting ``evidence-based and promising'';
(G) in paragraph (9)--
(i) in the matter preceding subparagraph (A), by inserting
``, with priority in funding given to entities meeting the
criteria for evidence-based or promising programs'' after
``used for'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``status offenders and other'' before
``youth who need''; and
(bb) by striking ``and'' at the end;
(II) in clause (ii) by adding ``and'' at the end; and
(III) by inserting after clause (ii) the following:
``(iii) for youth who need specialized intensive and
comprehensive services that address the unique issues
encountered by youth when they become involved with gangs;'';
(iii) in subparagraph (B)(i)--
(I) by striking ``parents and other family members'' and
inserting ``status offenders, other youth, and the parents
and other family members of such offenders and youth''; and
(II) by striking ``be retained'' and inserting ``remain'';
(iv) in subparagraph (E)--
(I) in the matter preceding clause (i), by striking
``delinquent'' and inserting ``at-risk or delinquent youth'';
and
(II) in clause (i), by inserting ``, including for truancy
prevention and reduction'' before the semicolon;
(v) in subparagraph (F), in the matter preceding clause
(i), by striking ``expanding'' and inserting ``programs to
expand'';
(vi) by redesignating subparagraphs (G) through (S) as
subparagraphs (H) through (T), respectively;
(vii) by inserting after subparagraph (F), the following:
``(G) programs--
``(i) to ensure youth have access to appropriate legal
representation; and
``(ii) to expand access to publicly supported, court-
appointed legal counsel who are trained to represent
juveniles in adjudication proceedings,
except that the State may not use more than 2 percent of the
funds received under section 222 for these purposes;'';
(viii) in subparagraph (H), as so redesignated, by striking
``State,'' each place the term appears and inserting ``State,
tribal,'';
(ix) in subparagraph (M), as so redesignated--
(I) in clause (i)--
(aa) by inserting ``pre-adjudication and'' before ``post-
adjudication'';
(bb) by striking ``restraints'' and inserting
``alternatives''; and
(cc) by inserting ``specialized or problem-solving
courts,'' after ``(including''; and
(II) in clause (ii)--
(aa) by striking ``by the provision by the Administrator'';
and
(bb) by striking ``to States'';
(x) in subparagraph (N), as so redesignated--
(I) by inserting ``and reduce the risk of recidivism''
after ``families''; and
(II) by striking ``so that such juveniles may be retained
in their homes'';
(xi) in subparagraph (S), as so redesignated, by striking
``and'' at the end;
(xii) in subparagraph (T), as so redesignated--
(I) by inserting ``or co-occurring disorder'' after
``mental health'';
(II) by inserting ``court-involved or'' before
``incarcerated'';
(III) by striking ``suspected to be'';
(IV) by striking ``and discharge plans'' and inserting
``provision of treatment, and development of discharge
plans''; and
(V) by striking the period at the end and inserting a
semicolon; and
(xiii) by inserting after subparagraph (T) the following:
``(U) programs and projects designed--
``(i) to inform juveniles of the opportunity and process
for sealing and expunging juvenile records; and
``(ii) to assist juveniles in pursuing juvenile record
sealing and expungements for both adjudications and arrests
not followed by adjudications;
except that the State may not use more than 2 percent of the
funds received under section 222 for these purposes;
``(V) programs that address the needs of girls in or at
risk of entering the juvenile justice system, including
pregnant girls, young mothers, survivors of commercial sexual
exploitation or domestic child sex trafficking, girls with
disabilities, and girls of color, including girls who are
members of an Indian Tribe; and
``(W) monitoring for compliance with the core requirements
and providing training and technical assistance on the core
requirements to secure facilities;'';
(H) by striking paragraph (11) and inserting the following:
``(11)(A) in accordance with rules issued by the
Administrator, provide that a juvenile shall not be placed in
a secure detention facility or a secure correctional
facility, if--
``(i) the juvenile is charged with or has committed an
offense that would not be criminal if committed by an adult,
excluding--
``(I) a juvenile who is charged with or has committed a
violation of section 922(x)(2) of title 18, United States
Code, or of a similar State law;
``(II) a juvenile who is charged with or has committed a
violation of a valid court order issued and reviewed in
accordance with paragraph (23); and
``(III) a juvenile who is held in accordance with the
Interstate Compact on Juveniles as enacted by the State; or
``(ii) the juvenile--
``(I) is not charged with any offense; and
``(II)(aa) is an alien; or
``(bb) is alleged to be dependent, neglected, or abused;
and
``(B) require that--
``(i) not later than 3 years after the date of enactment of
the Juvenile Justice Reform Act of 2018, unless a court
finds, after a hearing and in writing, that it is in the
interest of justice, juveniles awaiting trial or other legal
process who are treated as adults for purposes of prosecution
in criminal court and housed in a secure facility--
``(I) shall not have sight or sound contact with adult
inmates; and
``(II) except as provided in paragraph (13), may not be
held in any jail or lockup for adults;
``(ii) in determining under clause (i) whether it is in the
interest of justice to permit a juvenile to be held in any
jail or lockup for adults, or have sight or sound contact
with adult inmates, a court shall consider--
``(I) the age of the juvenile;
``(II) the physical and mental maturity of the juvenile;
``(III) the present mental state of the juvenile, including
whether the juvenile presents an imminent risk of harm to the
juvenile;
``(IV) the nature and circumstances of the alleged offense;
``(V) the juvenile's history of prior delinquent acts;
``(VI) the relative ability of the available adult and
juvenile detention facilities to not only meet the specific
needs of the juvenile but also to protect the safety of the
public as well as other detained youth; and
``(VII) any other relevant factor; and
``(iii) if a court determines under clause (i) that it is
in the interest of justice to permit a juvenile to be held in
any jail or lockup for adults--
``(I) the court shall hold a hearing not less frequently
than once every 30 days, or in the case of a rural
jurisdiction, not less frequently than once every 45 days, to
review whether it is still in the interest of justice to
permit the juvenile to be so held or have such sight or sound
contact; and
``(II) the juvenile shall not be held in any jail or lockup
for adults, or permitted to have sight or sound contact with
adult inmates, for more than 180 days, unless the court, in
writing, determines there is good cause for an extension or
the juvenile expressly waives this limitation;''.
(I) in paragraph (12)(A), by striking ``contact'' and
inserting ``sight or sound contact'';
(J) in paragraph (13), by striking ``contact'' each place
it appears and inserting ``sight or sound contact'';
(K) in paragraph (14)--
(i) by striking ``adequate system'' and inserting
``effective system'';
(ii) by inserting ``lock-ups,'' after ``monitoring
jails,'';
(iii) by inserting ``and'' after ``detention facilities,'';
(iv) by striking ``, and non-secure facilities'';
(v) by striking ``insure'' and inserting ``ensure'';
(vi) by striking ``requirements of paragraphs (11), (12),
and (13)'' and inserting ``core requirements''; and
(vii) by striking ``, in the opinion of the
Administrator,'';
(L) by striking paragraphs (22) and (27);
(M) by redesignating paragraph (28) as paragraph (27);
(N) by redesignating paragraphs (15) through (21) as
paragraphs (16) through (22), respectively;
(O) by inserting after paragraph (14) the following:
``(15) implement policy, practice, and system improvement
strategies at the State, territorial, local, and tribal
levels, as applicable, to identify and reduce racial and
ethnic disparities among youth who come into contact with the
juvenile justice system, without establishing or requiring
numerical standards or quotas, by--
``(A) establishing or designating existing coordinating
bodies, composed of juvenile justice stakeholders, (including
representatives of the educational system) at the State,
local, or tribal levels, to advise efforts by States, units
of local government, and Indian Tribes to reduce racial and
ethnic disparities;
``(B) identifying and analyzing data on race and ethnicity
at decision points in State, local, or tribal juvenile
justice systems to
[[Page S7442]]
determine which such points create racial and ethnic
disparities among youth who come into contact with the
juvenile justice system; and
``(C) developing and implementing a work plan that includes
measurable objectives for policy, practice, or other system
changes, based on the needs identified in the data collection
and analysis under subparagraph (B);'';
(P) in paragraph (16), as so redesignated, by inserting
``ethnicity,'' after ``race,'';
(Q) in paragraph (21), as so redesignated, by striking
``local,'' each place the term appears and inserting ``local,
tribal,'';
(R) in paragraph (23)--
(i) in subparagraphs (A), (B), and (C), by striking
``juvenile'' each place it appears and inserting ``status
offender'';
(ii) in subparagraph (B), by striking ``and'' at the end;
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' at the end; and
(III) by adding at the end the following:
``(iii) if such court determines the status offender should
be placed in a secure detention facility or correctional
facility for violating such order--
``(I) the court shall issue a written order that--
``(aa) identifies the valid court order that has been
violated;
``(bb) specifies the factual basis for determining that
there is reasonable cause to believe that the status offender
has violated such order;
``(cc) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the status offender in such a facility,
with due consideration to the best interest of the juvenile;
``(dd) specifies the length of time, not to exceed 7 days,
that the status offender may remain in a secure detention
facility or correctional facility, and includes a plan for
the status offender's release from such facility; and
``(ee) may not be renewed or extended; and
``(II) the court may not issue a second or subsequent order
described in subclause (I) relating to a status offender
unless the status offender violates a valid court order after
the date on which the court issues an order described in
subclause (I); and''; and
(iv) by adding at the end the following:
``(D) there are procedures in place to ensure that any
status offender held in a secure detention facility or
correctional facility pursuant to a court order described in
this paragraph does not remain in custody longer than 7 days
or the length of time authorized by the court, whichever is
shorter;'';
(S) in paragraph (26)--
(i) by inserting ``and in accordance with confidentiality
concerns,'' after ``maximum extent practicable,''; and
(ii) by striking the semicolon at the end and inserting the
following: ``, so as to provide for--
``(A) data in child abuse or neglect reports relating to
juveniles entering the juvenile justice system with a prior
reported history of arrest, court intake, probation and
parole, juvenile detention, and corrections; and
``(B) a plan to use the data described in subparagraph (A)
to provide necessary services for the treatment of such
victims of child abuse or neglect;'';
(T) in paragraph (27), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(U) by adding at the end the following:
``(28) provide for the coordinated use of funds provided
under this title with other Federal and State funds directed
at juvenile delinquency prevention and intervention programs;
``(29) describe the policies, procedures, and training in
effect for the staff of juvenile State correctional
facilities to eliminate the use of dangerous practices,
unreasonable restraints, and unreasonable isolation,
including by developing effective behavior management
techniques;
``(30) describe--
``(A) the evidence-based methods that will be used to
conduct mental health and substance abuse screening,
assessment, referral, and treatment for juveniles who--
``(i) request a screening;
``(ii) show signs of needing a screening; or
``(iii) are held for a period of more than 24 hours in a
secure facility that provides for an initial screening; and
``(B) how the State will seek, to the extent practicable,
to provide or arrange for mental health and substance abuse
disorder treatment for juveniles determined to be in need of
such treatment;
``(31) describe how reentry planning by the State for
juveniles will include--
``(A) a written case plan based on an assessment of needs
that includes--
``(i) the pre-release and post-release plans for the
juveniles;
``(ii) the living arrangement to which the juveniles are to
be discharged; and
``(iii) any other plans developed for the juveniles based
on an individualized assessment; and
``(B) review processes;
``(32) provide an assurance that the agency of the State
receiving funds under this title collaborates with the State
educational agency receiving assistance under part A of title
I of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) to develop and implement a plan to
ensure that, in order to support educational progress--
``(A) the student records of adjudicated juveniles,
including electronic records if available, are transferred in
a timely manner from the educational program in the juvenile
detention or secure treatment facility to the educational or
training program into which the juveniles will enroll;
``(B) the credits of adjudicated juveniles are transferred;
and
``(C) adjudicated juveniles receive full or partial credit
toward high school graduation for secondary school coursework
satisfactorily completed before and during the period of time
during which the juveniles are held in custody, regardless of
the local educational agency or entity from which the credits
were earned; and
``(33) describe policies and procedures to--
``(A) screen for, identify, and document in records of the
State the identification of victims of domestic human
trafficking, or those at risk of such trafficking, upon
intake; and
``(B) divert youth described in subparagraph (A) to
appropriate programs or services, to the extent
practicable.'';
(2) by amending subsection (c) to read as follows:
``(c)(1) If a State fails to comply with any of the core
requirements in any fiscal year, then--
``(A) subject to subparagraph (B), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 20 percent for each core
requirement with respect to which the failure occurs; and
``(B) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(i) the State agrees to expend 50 percent of the amount
allocated to the State for such fiscal year to achieve
compliance with any such core requirement with respect to
which the State is in noncompliance; or
``(ii) the Administrator determines that the State--
``(I) has achieved substantial compliance with such
applicable requirements with respect to which the State was
not in compliance; and
``(II) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with such applicable requirements within a
reasonable time.
``(2) Of the total amount of funds not allocated for a
fiscal year under paragraph (1)--
``(A) 50 percent of the unallocated funds shall be
reallocated under section 222 to States that have not failed
to comply with the core requirements; and
``(B) 50 percent of the unallocated funds shall be used by
the Administrator to provide additional training and
technical assistance to States for the purpose of promoting
compliance with the core requirements.'';
(3) in subsection (d)--
(A) by striking ``described in paragraphs (11), (12), (13),
and (22) of subsection (a)'' and inserting ``described in the
core requirements''; and
(B) by striking ``the requirements under paragraphs (11),
(12), (13), and (22) of subsection (a)'' and inserting ``the
core requirements'';
(4) in subsection (f)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(5) by adding at the end the following:
``(g) Compliance Determination.--
``(1) In general.--For each fiscal year, the Administrator
shall make a determination regarding whether each State
receiving a grant under this title is in compliance or out of
compliance with respect to each of the core requirements.
``(2) Reporting.--The Administrator shall--
``(A) issue an annual public report--
``(i) describing any determination described in paragraph
(1) made during the previous year, including a summary of the
information on which the determination is based and the
actions to be taken by the Administrator (including a
description of any reduction imposed under subsection (c));
and
``(ii) for any such determination that a State is out of
compliance with any of the core requirements, describing the
basis for the determination; and
``(B) make the report described in subparagraph (A)
available on a publicly available website.
``(3) Determinations required.--The Administrator may not--
``(A) determine that a State is `not out of compliance', or
issue any other determination not described in paragraph (1),
with respect to any core requirement; or
``(B) otherwise fail to make the compliance determinations
required under paragraph (1).''.
SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVENTION BLOCK
GRANT PROGRAM.
Part C of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11141 et seq.) is repealed.
SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11161) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
[[Page S7443]]
(i) in the matter preceding subparagraph (A), by striking
``may'' and inserting ``shall'';
(ii) in subparagraph (A), by striking ``plan and identify''
and inserting ``annually publish a plan to identify''; and
(iii) in subparagraph (B)--
(I) by striking clause (iii) and inserting the following:
``(iii) successful efforts to prevent status offenders and
first-time minor offenders from subsequent involvement with
the juvenile justice and criminal justice systems;'';
(II) by striking clause (vii) and inserting the following:
``(vii) the prevalence and duration of behavioral health
needs (including mental health, substance abuse, and co-
occurring disorders) among juveniles pre-placement and post-
placement in the juvenile justice system, including an
examination of the effects of secure detention in a
correctional facility;'';
(III) by redesignating clauses (ix), (x), and (xi) as
clauses (xvi), (xvii), and (xviii), respectively; and
(IV) by inserting after clause (viii) the following:
``(ix) training efforts and reforms that have produced
reductions in or elimination of the use of dangerous
practices;
``(x) methods to improve the recruitment, selection,
training, and retention of professional personnel who are
focused on the prevention, identification, and treatment of
delinquency;
``(xi) methods to improve the identification and response
to victims of domestic child sex trafficking within the
juvenile justice system;
``(xii) identifying positive outcome measures, such as
attainment of employment and educational degrees, that States
and units of local government should use to evaluate the
success of programs aimed at reducing recidivism of youth who
have come in contact with the juvenile justice system or
criminal justice system;
``(xiii) evaluating the impact and outcomes of the
prosecution and sentencing of juveniles as adults;
``(xiv) successful and cost-effective efforts by States and
units of local government to reduce recidivism through
policies that provide for consideration of appropriate
alternative sanctions to incarceration of youth facing
nonviolent charges, while ensuring that public safety is
preserved;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A)--
(I) by striking ``date of enactment of this paragraph,
the'' and inserting ``date of enactment of the Juvenile
Justice Reform Act of 2018, the''; and
(II) by inserting ``in accordance with applicable
confidentiality requirements'' after ``wards of the State'';
and
(ii) in subparagraph (D), by inserting ``and Indian
Tribes'' after ``State'';
(iii) in subparagraph (F), by striking ``and'' at the end;
(iv) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(v) by adding at the end the following:
``(H) a description of the best practices in discharge
planning; and
``(I) an assessment of living arrangements for juveniles
who, upon release from confinement in a State correctional
facility, cannot return to the residence they occupied prior
to such confinement.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure.--The Administrator, in
accordance with applicable confidentiality requirements and
in consultation with experts in the field of juvenile justice
research, recidivism, and data collection, shall--
``(1) establish a uniform method of data collection and
technology that States may use to evaluate data on juvenile
recidivism on an annual basis;
``(2) establish a common national juvenile recidivism
measurement system; and
``(3) make cumulative juvenile recidivism data that is
collected from States available to the public.''.
SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11162) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop and carry out
projects''; and
(ii) by striking ``and'' after the semicolon;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants to and
contracts with''; and
(ii) by striking the period at the end and inserting ``;
and''; and
(D) by adding at the end the following:
``(3) shall provide periodic training for States regarding
implementation of the core requirements, current protocols
and best practices for achieving and monitoring compliance,
and information sharing regarding relevant Office resources
on evidence-based and promising programs or practices that
promote the purposes of this Act.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop and implement
projects'';
(ii) by inserting ``, including compliance with the core
requirements'' after ``this title''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants to and
contracts with''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(3) shall provide technical assistance to States and
units of local government on achieving compliance with the
amendments to the core requirements and State Plans made by
the Juvenile Justice Reform Act of 2018, including training
and technical assistance and, when appropriate, pilot or
demonstration projects intended to develop and replicate best
practices for achieving sight and sound separation in
facilities or portions of facilities that are open and
available to the general public and that may or may not
contain a jail or a lock-up; and
``(4) shall provide technical assistance to States in
support of efforts to establish partnerships between a State
and a university, institution of higher education, or
research center designed to improve the recruitment,
selection, training, and retention of professional personnel
in the fields of medicine, law enforcement, the judiciary,
juvenile justice, social work and child protection,
education, and other relevant fields who are engaged in, or
intend to work in, the field of prevention, identification,
and treatment of delinquency.'';
(3) in subsection (c)--
(A) by inserting ``prosecutors,'' after ``public
defenders,''; and
(B) by inserting ``status offenders and'' after ``needs
of''; and
(4) by adding at the end the following:
``(d) Best Practices Regarding Legal Representation of
Children.--In consultation with experts in the field of
juvenile defense, the Administrator shall--
``(1) share best practices that may include sharing
standards of practice developed by recognized entities in the
profession, for attorneys representing children; and
``(2) provide a State, if it so requests, technical
assistance to implement any of the best practices shared
under paragraph (1).
``(e) Best Practices for Status Offenders.--Based on the
available research and State practices, the Administrator
shall--
``(1) disseminate best practices for the treatment of
status offenders with a focus on reduced recidivism, improved
long-term outcomes, and limited usage of valid court orders
to place status offenders in secure detention; and
``(2) provide a State, on request, technical assistance to
implement any of the best practices shared under paragraph
(1).
``(f) Training and Technical Assistance for Local and State
Juvenile Detention and Corrections Personnel.--The
Administrator shall coordinate training and technical
assistance programs with juvenile detention and corrections
personnel of States and units of local government--
``(1) to promote methods for improving conditions of
juvenile confinement, including methods that are designed to
minimize the use of dangerous practices, unreasonable
restraints, and isolation and methods responsive to cultural
differences; and
``(2) to encourage alternative behavior management
techniques based on positive youth development approaches
that may include methods responsive to cultural differences.
``(g) Training and Technical Assistance To Support Mental
Health or Substance Abuse Treatment Including Home-Based or
Community-Based Care.--The Administrator shall provide
training and technical assistance, in conjunction with the
appropriate public agencies, to individuals involved in
making decisions regarding the disposition and management of
cases for youth who enter the juvenile justice system about
the appropriate services and placement for youth with mental
health or substance abuse needs, including--
``(1) juvenile justice intake personnel;
``(2) probation officers;
``(3) juvenile court judges and court services personnel;
``(4) prosecutors and court-appointed counsel; and
``(5) family members of juveniles and family advocates.
``(h) Training and Technical Assistance to Support Juvenile
Court Judges and Personnel.--The Attorney General, acting
through the Office of Juvenile Justice and Delinquency
Prevention and the Office of Justice Programs in consultation
with entities in the profession, shall provide directly, or
through grants or contracts, training and technical
assistance to enhance the capacity of State and local courts,
judges, and related judicial personnel to--
``(1) improve the lives of children currently involved in
or at risk of being involved in the juvenile court system;
and
``(2) carry out the requirements of this Act.
``(i) Free and Reduced Price School Lunches for
Incarcerated Juveniles.--The Attorney General, in
consultation with the Secretary of Agriculture, shall provide
guidance to States relating to existing options for school
food authorities in the States to apply for reimbursement for
free or reduced price lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) for
juveniles who are incarcerated and
[[Page S7444]]
would, if not incarcerated, be eligible for free or reduced
price lunches under that Act.''.
SEC. 209. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11182) is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' before ``The Administrator'';
(B) by striking ``, after appropriate consultation with
representatives of States and units of local government,'';
(C) by inserting ``guidance,'' after ``regulations,''; and
(D) by adding at the end the following: ``In developing
guidance and procedures, the Administrator shall consult with
representatives of States and units of local government,
including those individuals responsible for administration of
this Act and compliance with the core requirements.
``(2) The Administrator shall ensure that--
``(A) reporting, compliance reporting, State plan
requirements, and other similar documentation as may be
required from States is requested in a manner that respects
confidentiality, encourages efficiency and reduces the
duplication of reporting efforts; and
``(B) States meeting all the core requirements are
encouraged to experiment with offering innovative, data-
driven programs designed to further improve the juvenile
justice system.''; and
(2) in subsection (e), by striking ``requirements described
in paragraphs (11), (12), and (13) of section 223(a)'' and
inserting ``core requirements''.
TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES,
MENTORING, INTERVENTION, SUPPORT, AND EDUCATION
SEC. 301. SHORT TITLE.
Section 501 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (34 U.S.C. 11101 note) is
amended--
(1) by inserting ``Youth Promise'' before ``Grants''; and
(2) by striking ``2002'' and inserting ``2018''.
SEC. 302. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (34 U.S.C. 11281) is amended
to read as follows:
``SEC. 502. DEFINITIONS.
``In this title--
``(1) the term `at-risk' has the meaning given that term in
section 1432 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6472);
``(2) the term `eligible entity' means--
``(A) a unit of local government that is in compliance with
the requirements of part B of title II; or
``(B) a nonprofit organization in partnership with a unit
of local government described in subparagraph (A);
``(3) the term `delinquency prevention program' means a
delinquency prevention program that is evidence-based or
promising and that may include--
``(A) alcohol and substance abuse prevention or treatment
services;
``(B) tutoring and remedial education, especially in
reading and mathematics;
``(C) child and adolescent health and mental health
services;
``(D) recreation services;
``(E) leadership and youth development activities;
``(F) the teaching that individuals are and should be held
accountable for their actions;
``(G) assistance in the development of job training skills;
``(H) youth mentoring programs;
``(I) after-school programs;
``(J) coordination of a continuum of services that may
include--
``(i) early childhood development services;
``(ii) voluntary home visiting programs;
``(iii) nurse-family partnership programs;
``(iv) parenting skills training;
``(v) child abuse prevention programs;
``(vi) family stabilization programs;
``(vii) child welfare services;
``(viii) family violence intervention programs;
``(ix) adoption assistance programs;
``(x) emergency, transitional and permanent housing
assistance;
``(xi) job placement and retention training;
``(xii) summer jobs programs;
``(xiii) alternative school resources for youth who have
dropped out of school or demonstrate chronic truancy;
``(xiv) conflict resolution skill training;
``(xv) restorative justice programs;
``(xvi) mentoring programs;
``(xvii) targeted gang prevention, intervention and exit
services;
``(xviii) training and education programs for pregnant
teens and teen parents; and
``(xix) pre-release, post-release, and reentry services to
assist detained and incarcerated youth with transitioning
back into and reentering the community; and
``(K) other data-driven evidence-based or promising
prevention programs;
``(4) the term `local policy board', when used with respect
to an eligible entity, means a policy board that the eligible
entity will engage in the development of the eligible
entity's plan described in section 504(e)(5), and that
includes--
``(A) not fewer than 15 and not more than 21 members; and
``(B) a balanced representation of--
``(i) public agencies and private nonprofit organizations
serving juveniles and their families; and
``(ii) business and industry;
``(C) at least one representative of the faith community,
one adjudicated youth, and one parent of an adjudicated
youth; and
``(D) in the case of an eligible entity described in
paragraph (1)(B), a representative of the nonprofit
organization of the eligible entity;
``(5) the term `mentoring' means matching 1 adult with 1 or
more youths for the purpose of providing guidance, support,
and encouragement through regularly scheduled meetings for
not less than 9 months;
``(6) the term `State advisory group' means the advisory
group appointed by the chief executive officer of a State
under a plan described in section 223(a); and
``(7) the term `State entity' means the State agency
designated under section 223(a)(1) or the entity receiving
funds under section 223(d).''.
SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 503 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (34 U.S.C. 11282) is
amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (34 U.S.C. 11281 et seq.) is
amended to read as follows:
``SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
``(a) Purpose.--The purpose of this section is to enable
local communities to address the unmet needs of at-risk or
delinquent youth, including through a continuum of
delinquency prevention programs for juveniles who have had
contact with the juvenile justice system or who are likely to
have contact with the juvenile justice system.
``(b) Program Authorized.--The Administrator shall--
``(1) for each fiscal year for which less than $25,000,000
is appropriated under section 506, award grants to not fewer
than 3 State entities, but not more than 5 State entities,
that apply under subsection (c) and meet the requirements of
subsection (d); or
``(2) for each fiscal year for which $25,000,000 or more is
appropriated under section 506, award grants to not fewer
than 5 State entities that apply under subsection (c) and
meet the requirements of subsection (d).
``(c) State Application.--To be eligible to receive a grant
under this section, a State entity shall submit an
application to the Administrator that includes the following:
``(1) An assurance the State entity will use--
``(A) not more than 10 percent of such grant, in the
aggregate--
``(i) for the costs incurred by the State entity to carry
out this section, except that not more than 3 percent of such
grant may be used for such costs; and
``(ii) to provide technical assistance to eligible entities
receiving a subgrant under subsection (e) in carrying out
delinquency prevention programs under the subgrant; and
``(B) the remainder of such grant to award subgrants to
eligible entities under subsection (e).
``(2) An assurance that such grant will supplement, and not
supplant, State and local efforts to prevent juvenile
delinquency.
``(3) An assurance the State entity will evaluate the
capacity of eligible entities receiving a subgrant under
subsection (e) to fulfill the requirements under such
subsection.
``(4) An assurance that such application was prepared after
consultation with, and participation by, the State advisory
group, units of local government, community-based
organizations, and organizations that carry out programs,
projects, or activities to prevent juvenile delinquency in
the local juvenile justice system served by the State entity.
``(d) Approval of State Applications.--In awarding grants
under this section for a fiscal year, the Administrator may
not award a grant to a State entity for a fiscal year
unless--
``(1)(A) the State that will be served by the State entity
submitted a plan under section 223 for such fiscal year; and
``(B) such plan is approved by the Administrator for such
fiscal year; or
``(2) after finding good cause for a waiver, the
Administrator waives the plan required under subparagraph (A)
for such State for such fiscal year.
``(e) Subgrant Program.--
``(1) Program authorized.--
``(A) In general.--Each State entity receiving a grant
under this section shall award subgrants to eligible entities
in accordance with this subsection.
``(B) Priority.--In awarding subgrants under this
subsection, the State shall give priority to eligible
entities that demonstrate ability in--
``(i) plans for service and agency coordination and
collaboration including the collocation of services;
``(ii) innovative ways to involve the private nonprofit and
business sector in delinquency prevention activities;
``(iii) developing data-driven prevention plans, employing
evidence-based prevention strategies, and conducting program
evaluations to determine impact and effectiveness;
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``(iv) identifying under the plan submitted under paragraph
(5) potential savings and efficiencies associated with
successful implementation of such plan; and
``(v) describing how such savings and efficiencies may be
used to carry out delinquency prevention programs and be
reinvested in the continuing implementation of such programs
after the end of the subgrant period.
``(C) Subgrant program period and diversity of projects.--
``(i) Program period.--A subgrant awarded to an eligible
entity by a State entity under this section shall be for a
period of not more than 5 years, of which the eligible
entity--
``(I) may use not more than 18 months for completing the
plan submitted by the eligible entity under paragraph (5);
and
``(II) shall use the remainder of the subgrant period,
after planning period described in subclause (I), for the
implementation of such plan.
``(ii) Diversity of projects.--In awarding subgrants under
this subsection, a State entity shall ensure, to the extent
practicable and applicable, that such subgrants are
distributed throughout different areas, including urban,
suburban, and rural areas.
``(2) Local application.--An eligible entity that desires a
subgrant under this subsection shall submit an application to
the State entity in the State of the eligible entity, at such
time and in such manner as determined by the State entity,
and that includes--
``(A) a description of--
``(i) the local policy board and local partners the
eligible entity will engage in the development of the plan
described in paragraph (5);
``(ii) the unmet needs of at-risk or delinquent youth in
the community;
``(iii) available resources in the community to meet the
unmet needs identified in the needs assessment described in
paragraph (5)(A);
``(iv) potential costs to the community if the unmet needs
are not addressed;
``(B) a specific time period for the planning and
subsequent implementation of its continuum of local
delinquency prevention programs;
``(C) the steps the eligible entity will take to implement
the plan under subparagraph (A); and
``(D) a plan to continue the grant activity with non-
Federal funds, if proven successful according to the
performance evaluation process under paragraph (5)(D), after
the grant period.
``(3) Matching requirement.--An eligible entity desiring a
subgrant under this subsection shall agree to provide a 50
percent match of the amount of the subgrant that may include
the value of in-kind contributions.
``(4) Subgrant review.--
``(A) Review.--Not later than the end of the second year of
a subgrant period for a subgrant awarded to an eligible
entity under this subsection and before awarding the
remaining amount of the subgrant to the eligible entity, the
State entity shall--
``(i) ensure that the eligible entity has completed the
plan submitted under paragraph (2) and that the plan meets
the requirements of such paragraph; and
``(ii) verify that the eligible entity will begin the
implementation of its plan upon receiving the next
installment of its subgrant award.
``(B) Termination.--If the State entity finds through the
review conducted under subparagraph (A) that the eligible
entity has not met the requirements of clause (i) of such
subparagraph, the State entity shall reallocate the amount
remaining on the subgrant of the eligible entity to other
eligible entities receiving a subgrant under this subsection
or award the amount to an eligible entity during the next
subgrant competition under this subsection.
``(5) Local uses of funds.--An eligible entity that
receives a subgrant under this subsection shall use the funds
to implement a plan to carry out delinquency prevention
programs in the community served by the eligible entity in a
coordinated manner with other delinquency prevention programs
or entities serving such community, which includes--
``(A) an analysis of the unmet needs of at-risk or
delinquent youth in the community--
``(i) which shall include--
``(I) the available resources in the community to meet the
unmet needs; and
``(II) factors present in the community that may contribute
to delinquency, such as homelessness, food insecurity, teen
pregnancy, youth unemployment, family instability, lack of
educational opportunity; and
``(ii) may include an estimate--
``(I) for the most recent year for which reliable data is
available, the amount expended by the community and other
entities for delinquency adjudication for juveniles and the
incarceration of adult offenders for offenses committed in
such community; and
``(II) of potential savings and efficiencies that may be
achieved through the implementation of the plan;
``(B) a minimum 3-year comprehensive strategy to address
the unmet needs and an estimate of the amount or percentage
of non-Federal funds that are available to carry out the
strategy;
``(C) a description of how delinquency prevention programs
under the plan will be coordinated;
``(D) a description of the performance evaluation process
of the delinquency prevention programs to be implemented
under the plan, which shall include performance measures to
assess efforts to address the unmet needs of youth in the
community analyzed under subparagraph (A);
``(E) the evidence or promising evaluation on which such
delinquency prevention programs are based; and
``(F) if such delinquency prevention programs are proven
successful according to the performance evaluation process
under subparagraph (D), a strategy to continue such programs
after the subgrant period with non-Federal funds, including a
description of how any estimated savings or efficiencies
created by the implementation of the plan may be used to
continue such programs.''.
SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND
RESPONSE PROGRAMS.
The Incentive Grants for Local Delinquency Prevention
Programs Act of 2002 (34 U.S.C. 11281 et seq.) is amended by
redesignating section 505 as section 506, and by inserting
after section 504 the following:
``SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND
RESPONSE PROGRAMS.
``(a) In General.--The Administrator shall make grants
under this section, on a competitive basis, to eligible
Indian Tribes (or consortia of Indian Tribes) as described in
subsection (b)--
``(1) to support and enhance--
``(A) tribal juvenile delinquency prevention services; and
``(B) the ability of Indian Tribes to respond to, and care
for, at-risk or delinquent youth upon release; and
``(2) to encourage accountability of Indian tribal
governments with respect to preventing juvenile delinquency,
and responding to, and caring for, juvenile offenders.
``(b) Eligible Indian Tribes.--To be eligible to receive a
grant under this section, an Indian Tribe or consortium of
Indian Tribes shall submit to the Administrator an
application in such form as the Administrator may require.
``(c) Considerations.--In providing grants under this
section, the Administrator shall take into consideration,
with respect to the Indian Tribe to be served, the--
``(1) juvenile delinquency rates;
``(2) school dropout rates; and
``(3) number of youth at risk of delinquency.
``(d) Availability of Funds.--Of the amount available for a
fiscal year to carry out this title, 11 percent shall be
available to carry out this section.''.
SEC. 306. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation.--Not later than 2 years after the end of
the 5th fiscal year for which funds are appropriated to carry
out the Incentive Grants for Local Delinquency Prevention
Programs Act of 2002, the Comptroller General of the United
States shall conduct an evaluation of a sample of subgrantees
selected by the Comptroller General in accordance with
subsection (b)) that received funds under section 504(e) of
such Act and shall submit a report of such evaluation to the
Committee on the Judiciary of the United States Senate and
the Committee on Education and the Workforce of the United
States House of Representatives.
(b) Considerations for Evaluation.--For purposes of
subsection (a), the Comptroller General shall--
(1) ensure that the sample to be evaluated is made up of
subgrantees in States that are diverse geographically and
economically; and
(2) include in such sample subgrantees that proposed
different delinquency prevention programs.
(c) Recommendations and Findings.--In conducting the
evaluation required by subsection (a), the Comptroller
General shall take into consideration whether--
(1) the delinquency prevention programs for which
subgrantees received funds under section 504(e) of Incentive
Grants for Local Delinquency Prevention Programs Act of 2002
achieved the outcomes and results anticipated by the
particular State involved;
(2) in the case of outcomes and results of delinquency
prevention programs defined by the State or a local entity,
unanticipated improved outcomes or results for juveniles
occurred;
(3) the number of subgrantees that continue after the
expenditure of such funds to provide such delinquency
prevention programs;
(4) such delinquency prevention programs replaced existing
or planned programs or activities in the State; and
(5) the evidence-base information used to justify such
delinquency prevention programs was used with fidelity by
local entities in accordance with the approach used to find
the evidence;
SEC. 307. TECHNICAL AMENDMENT.
Title V of the Juvenile Justice and Delinquency Prevention
Act of 1974 as enacted by Public Law 93-415 (88 Stat. 1133)
(relating to miscellaneous and conforming amendments) is
repealed.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a comprehensive analysis and evaluation
regarding the performance of the
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Office of Juvenile Justice and Delinquency Prevention
(referred to in this section as ``the agency''), its
functions, its programs, and its grants;
(2) conduct a comprehensive audit and evaluation of a
selected, sample of grantees (as determined by the
Comptroller General) that receive Federal funds under grant
programs administered by the agency including a review of
internal controls (as defined in section 103 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11103), as amended by this Act) to prevent fraud, waste, and
abuse of funds by grantees; and
(3) submit a report in accordance with subsection (d).
(b) Considerations for Evaluation.--In conducting the
analysis and evaluation under subsection (a)(1), and in order
to document the efficiency and public benefit of the Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.), the Comptroller General shall take into
consideration--
(1) the outcome and results of the programs carried out by
the agency and those programs administered through grants by
the agency;
(2) the extent to which the agency has complied with the
Government Performance and Results Act of 1993 (Public Law
103-62; 107 Stat. 285);
(3) the extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict
with the jurisdiction and programs of other agencies;
(4) the potential benefits of consolidating programs
administered by the agency with similar or duplicative
programs of other agencies, and the potential for
consolidating those programs;
(5) whether less restrictive or alternative methods exist
to carry out the functions of the agency and whether current
functions or operations are impeded or enhanced by existing
statutes, rules, and procedures;
(6) the number and types of beneficiaries or persons served
by programs carried out by the agency;
(7) the manner with which the agency seeks public input and
input from State and local governments on the performance of
the functions of the agency;
(8) the extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
Freedom of Information Act);
(9) whether greater oversight is needed of programs
developed with grants made by the agency; and
(10) the extent to which changes are necessary in the
authorizing statutes of the agency in order for the functions
of the agency to be performed in a more efficient and
effective manner.
(c) Considerations for Audits.--In conducting the audit and
evaluation under subsection (a)(2), and in order to document
the efficiency and public benefit of the Juvenile Justice and
Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.),
the Comptroller General shall take into consideration--
(1) whether grantees timely file Financial Status Reports;
(2) whether grantees have sufficient internal controls to
ensure adequate oversight of grant fund received;
(3) whether disbursements were accompanied with adequate
supporting documentation (including invoices and receipts);
(4) whether expenditures were authorized;
(5) whether subrecipients of grant funds were complying
with program requirements;
(6) whether salaries and fringe benefits of personnel were
adequately supported by documentation;
(7) whether contracts were bid in accordance with program
guidelines; and
(8) whether grant funds were spent in accordance with
program goals and guidelines.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) submit a report regarding the evaluation conducted
under subsection (a) and audit under subsection (b), to the
Speaker of the House of Representatives and the President pro
tempore of the Senate; and
(B) make the report described in subparagraph (A) available
to the public.
(2) Contents.--The report submitted in accordance with
paragraph (1) shall include all audit findings determined by
the selected, statistically significant sample of grantees as
required by subsection (a)(2) and shall include the name and
location of any selected grantee as well as any findings
required by subsection (a)(2).
SEC. 402. AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND
OVERSIGHT.
(a) In General.--The Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) is amended
by adding at the end the following:
``TITLE VI--AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND
OVERSIGHT
``SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
Act, except for titles III and IV, $176,000,000 for each of
fiscal years 2019 through 2023, of which not more than
$96,053,401 shall be used to carry out title V for each such
fiscal year.
``SEC. 602. ACCOUNTABILITY AND OVERSIGHT.
``(a) Sense of Congress.--It is the sense of Congress that,
in order to ensure that at-risk youth, and youth who come
into contact with the juvenile justice system or the criminal
justice system, are treated fairly and that the outcome of
that contact is beneficial to the Nation--
``(1) the Department of Justice, through its Office of
Juvenile Justice and Delinquency Prevention, must restore
meaningful enforcement of the core requirements in title II;
and
``(2) States, which are entrusted with a fiscal stewardship
role if they accept funds under title II must exercise
vigilant oversight to ensure full compliance with the core
requirements for juveniles provided for in title II.
``(b) Accountability.--
``(1) Agency program review.--
``(A) Programmatic and financial assessment.--
``(i) In general.--Not later than 60 days after the date of
enactment of the Juvenile Justice Reform Act of 2018, the
Director of the Office of Audit, Assessment, and Management
of the Office of Justice Programs at the Department of
Justice (referred to in this section as the `Director')
shall--
``(I) conduct a comprehensive analysis and evaluation of
the internal controls of the Office of Juvenile Justice and
Delinquency Prevention (referred to in this section as the
`agency') to determine if States and Indian Tribes receiving
grants are following the requirements of the agency grant
programs and what remedial action the agency has taken to
recover any grant funds that are expended in violation of
grant programs, including instances where--
``(aa) supporting documentation was not provided for cost
reports;
``(bb) unauthorized expenditures occurred; and
``(cc) subrecipients of grant funds were not in compliance
with program requirements;
``(II) conduct a comprehensive audit and evaluation of a
selected statistically significant sample of States and
Indian Tribes (as determined by the Director) that have
received Federal funds under title II, including a review of
internal controls to prevent fraud, waste, and abuse of funds
by grantees; and
``(III) submit a report in accordance with clause (iv).
``(ii) Considerations for evaluations.--In conducting the
analysis and evaluation under clause (i)(I), and in order to
document the efficiency and public benefit of titles II and
V, the Director shall take into consideration the extent to
which--
``(I) greater oversight is needed of programs developed
with grants made by the agency;
``(II) changes are necessary in the authorizing statutes of
the agency in order that the functions of the agency can be
performed in a more efficient and effective manner; and
``(III) the agency has implemented recommendations issued
by the Comptroller General or Office of Inspector General
relating to the grant making and grant monitoring
responsibilities of the agency.
``(iii) Considerations for audits.--In conducting the audit
and evaluation under clause (i)(II), and in order to document
the efficiency and public benefit of titles II and V, the
Director shall take into consideration--
``(I) whether grantees timely file Financial Status
Reports;
``(II) whether grantees have sufficient internal controls
to ensure adequate oversight of grant funds received;
``(III) whether grantees' assertions of compliance with the
core requirements were accompanied with adequate supporting
documentation;
``(IV) whether expenditures were authorized;
``(V) whether subrecipients of grant funds were complying
with program requirements; and
``(VI) whether grant funds were spent in accordance with
the program goals and guidelines.
``(iv) Report.--The Director shall--
``(I) submit to the Congress a report outlining the results
of the analysis, evaluation, and audit conducted under clause
(i), including supporting materials, to the Speaker of the
House of Representatives and the President pro tempore of the
Senate; and
``(II) shall make such report available to the public
online, not later than 1 year after the date of enactment of
this section.
``(B) Analysis of internal controls.--
``(i) In general.--Not later than 30 days after the date of
enactment of the Juvenile Justice Reform Act of 2018, the
Administrator shall initiate a comprehensive analysis and
evaluation of the internal controls of the agency to
determine whether, and to what extent, States and Indian
Tribes that receive grants under titles II and V are
following the requirements of the grant programs authorized
under titles II and V.
``(ii) Report.--Not later than 180 days after the date of
enactment of the Juvenile Justice Reform Act of 2018, the
Administrator shall submit to Congress a report containing--
``(I) the findings of the analysis and evaluation conducted
under clause (i);
``(II) a description of remedial actions, if any, that will
be taken by the Administrator to enhance the internal
controls of the agency and recoup funds that may have been
expended in violation of law, regulations, or program
requirements issued under titles II and V; and
``(III) a description of--
``(aa) the analysis conducted under clause (i);
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``(bb) whether the funds awarded under titles II and V have
been used in accordance with law, regulations, program
guidance, and applicable plans; and
``(cc) the extent to which funds awarded to States and
Indian Tribes under titles II and V enhanced the ability of
grantees to fulfill the core requirements.
``(C) Report by the attorney general.--Not later than 180
days after the date of enactment of the Juvenile Justice
Reform Act of 2018, the Attorney General shall submit to the
appropriate committees of the Congress a report on the
estimated amount of formula grant funds disbursed by the
agency since fiscal year 2010 that did not meet the
requirements for awards of formula grants to States under
title II.
``(2) Office of inspector general performance audits.--
``(A) In general.--In order to ensure the effective and
appropriate use of grants administered under this Act
(excluding title IV) and to prevent waste, fraud, and abuse
of funds by grantees, the Inspector General of the Department
of Justice shall annually conduct audits of grantees that
receive funds under this Act.
``(B) Assessment.--Not later than 1 year after the date of
enactment of the Juvenile Justice Reform Act of 2018 and
annually thereafter, the Inspector General shall conduct a
risk assessment to determine the appropriate number of
grantees to be audited under subparagraph (A) in the year
involved.
``(C) Public availability on website.--The Attorney General
shall make the summary of each review conducted under this
section available on the website of the Department of
Justice, subject to redaction as the Attorney General
determines necessary to protect classified and other
sensitive information.
``(D) Mandatory exclusion.--A recipient of grant funds
under this Act (excluding title IV) that is found to have an
unresolved audit finding shall not be eligible to receive
grant funds under this Act (excluding title IV) during the
first 2 fiscal years beginning after the 12-month period
beginning on the date on which the audit report is issued.
``(E) Priority.--In awarding grants under this Act
(excluding title IV), the Administrator shall give priority
to a State or Indian Tribe that did not have an unresolved
audit finding during the 3 fiscal years prior to the date on
which the State or Indian Tribe submits an application for a
grant under this Act.
``(F) Reimbursement.--If a State or an Indian Tribe is
awarded a grant under this Act (excluding title IV) during
the 2-fiscal-year period in which the recipient is barred
from receiving grants under subparagraph (D), the Attorney
General shall--
``(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
general fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
general fund under clause (i) from the grantee that was
erroneously awarded grant funds.
``(G) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General--
``(i) that the audited State or Indian Tribe has used grant
funds for an unauthorized expenditure or otherwise
unallowable cost; and
``(ii) that is not closed or resolved during the 12-month
period beginning on the date on which the final audit report
is issued.
``(3) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph and the
grant programs described in this Act (excluding title IV),
the term `nonprofit organization' means an organization that
is described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section 501(a)
of such Code.
``(B) Prohibition.--The Administrator may not award a grant
under any grant program described in this Act (excluding
title IV) to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying the tax
described in section 511(a) of the Internal Revenue Code of
1986.
``(C) Disclosure.--
``(i) In general.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
(excluding title IV) and uses the procedures prescribed in
regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
Administrator, in the application for the grant, the process
for determining such compensation, including--
``(I) the independent persons involved in reviewing and
approving such compensation;
``(II) the comparability data used; and
``(III) contemporaneous substantiation of the deliberation
and decision.
``(ii) Public inspection upon request.--Upon request, the
Administrator shall make the information disclosed under
clause (i) available for public inspection.
``(4) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General, or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available to the Department of Justice, unless the Deputy
Attorney General or such Assistant Attorney Generals,
Directors, or principal deputies as the Deputy Attorney
General may designate, provides prior written authorization
that the funds may be expended to host a conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost of
all food and beverages, audiovisual equipment, honoraria for
speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on Education and the Workforce of the House
of Representatives on all conference expenditures approved
under this paragraph.
``(5) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any recipient of a
grant made using such amounts--
``(i) to lobby any representative of the Department of
Justice regarding the award of grant funding; or
``(ii) to lobby any representative of a Federal, State,
local, or tribal government regarding the award of grant
funding.
``(B) Penalty.--If the Attorney General determines that any
recipient of a grant made using amounts authorized to be
appropriated under this Act has violated subparagraph (A),
the Attorney General shall--
``(i) require the recipient to repay the grant in full; and
``(ii) prohibit the recipient to receive another grant
under this Act for not less than 5 years.
``(C) Clarification.--For purposes of this paragraph,
submitting an application for a grant under this Act shall
not be considered lobbying activity in violation of
subparagraph (A).
``(6) Annual certification.--Beginning in the 1st fiscal
year that begins after the effective date of this section,
the Attorney General shall submit to the Committee on the
Judiciary and the Committee on Appropriations of the Senate,
and the Committee on Education and the Workforce and the
Committee on Appropriations of the House of Representatives,
an annual certification that--
``(A) all audits issued by the Inspector General of the
Department of Justice under paragraph (2) have been completed
and reviewed by the appropriate Assistant Attorney General or
Director;
``(B) all mandatory exclusions required under paragraph
(2)(D) have been issued;
``(C) all reimbursements required under paragraph (2)(F)(i)
have been made; and
``(D) includes a list of any grant recipients excluded
under paragraph (2) during the then preceding fiscal year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this Act, the Attorney General
shall compare potential grant awards with other grants
awarded under this Act to determine if duplicate grant awards
are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on Education and
the Workforce of the House of Representatives a report that
includes--
``(A) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
``(B) the reason the Attorney General awarded the
duplicative grant.
``(d) Compliance With Auditing Standards.--The
Administrator shall comply with the Generally Accepted
Government Auditing Standards, published by the General
Accountability Office (commonly known as the `Yellow Book'),
in the conduct of fiscal, compliance, and programmatic audits
of States.''.
(b) Authorization of Appropriations.--Section 388(a) of the
Juvenile Justice and Delinquency Prevention Act (34 U.S.C.
11280(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``section 345 and''; and
(B) by striking ``$140,000,000 for fiscal year 2009, and
such sums as may be necessary for fiscal years 2010, 2011,
2012, and 2013'' and inserting ``$127,421,000 for each of
fiscal years 2019 through 2020'';
(2) in paragraph (3), by striking subparagraph (B) and
inserting the following:
``(B) Periodic estimate.--Of the amount authorized to be
appropriated under paragraph (1), such sums as may be
necessary shall be made available to carry out section 345
for each of fiscal years 2019 through 2020.''; and
(3) in paragraph (4), by striking ``fiscal year 2009 and
such sums as may be necessary for fiscal years 2010, 2011,
2012, and 2013'' and inserting ``each of fiscal years 2019
through 2020''.
(c) Technical and Conforming Amendments.--The Juvenile
Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
11101 et seq.) is amended by striking--
(1) section 299 (34 U.S.C. 11171); and
(2) section 505.
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