[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Rules and Regulations]
[Pages 19674-19677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9884]



[[Page 19673]]

_______________________________________________________________________

Part V





Department of Justice





_______________________________________________________________________



Office of Juvenile Justice and Delinquency Prevention



_______________________________________________________________________



28 CFR Part 31



Juvenile Accountability Incentive Block Grants; Final Rule

  Federal Register / Vol. 64, No. 76 / Wednesday, April 21, 1999 / 
Rules and Regulations  

[[Page 19674]]



DEPARTMENT OF JUSTICE

Office of Juvenile Justice and Delinquency Prevention

28 CFR Part 31

[OJP (OJJDP)-1158]
RIN 1121-AA46


Juvenile Accountability Incentive Block Grants

AGENCY: Office of Justice Programs, Office of Juvenile Justice and 
Delinquency Prevention (OJJDP), Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule provides procedures under which an eligible State, 
or unit of local government that receives a subgrant from the State, is 
required to provide notice to the Attorney General regarding the 
proposed use of funds available under the Juvenile Accountability 
Incentive Block Grants (JAIBG) program. The JAIBG program is designed 
to promote greater accountability in the juvenile justice system. OJJDP 
has developed the ``Juvenile Accountability Incentive Block Grants 
Program Guidance Manual'' to assist States and units of local 
government in applying for, receiving, obligating, and expending JAIBG 
funds. The manual is available on OJJDP's homepage at 
www.ojjdp.ncjrs.org.

EFFECTIVE DATE: This regulation is effective April 21, 1999.

FOR FURTHER INFORMATION CONTACT: Rodney L. Albert, Deputy Director, 
State Relations and Assistance Division, OJJDP, 810 7th Street, NW, 
Washington, DC 20531. Phone: (202) 307-5924.

SUPPLEMENTARY INFORMATION:

A. Legislative Background

    On October 14, 1998, the Office of Juvenile Justice and Delinquency 
Prevention (OJJDP) published proposed regulations in the Federal 
Register, at 63 FR 55069, for implementation of the JAIBG Program. The 
comment period ended November 13, 1998. Comments were received from two 
State agencies.
    Pub. L. 105-119, November 26, 1997, Making Appropriations for the 
Departments of Commerce, Justice, and State, the Judiciary, and Related 
Agencies for the Fiscal Year Ending September 30, 1998, and for other 
Purposes (1998 Appropriations Act) appropriated $250,000,000 for the 
Juvenile Accountability Incentive Block Grants (JAIBG) program 
described in Title III of H.R. 3, as passed by the House of 
Representatives on May 8, 1997. Subsequently, Pub. L. 105-277, October 
21, 1998, Omnibus Consolidated and Emergency Supplemental 
Appropriations Act, 1999 (1999 Appropriations Act) further appropriated 
$250,000,000 to continue the JAIBG program.

B. Program Purposes

    Funds are available under JAIBG in FY 1998, FY 1999, and each 
subsequent fiscal year as funds are made available, for State and local 
grants to support the following program purposes as set forth in 
section 1801(b)(1)-(11) of H.R. 3:
    (1) Building, expanding, renovating, or operating temporary or 
permanent juvenile correction or detention facilities, including the 
training of correctional personnel;
    (2) Developing and administering accountability-based sanctions for 
juvenile offenders;
    (3) Hiring additional juvenile judges, probation officers, and 
court-appointed defenders, and funding pre-trial services for 
juveniles, to ensure the smooth and expeditious administration of the 
juvenile justice system;
    (4) Hiring additional prosecutors, so that more cases involving 
violent juvenile offenders can be prosecuted and backlogs reduced;
    (5) Providing funding to enable prosecutors to address drug, gang, 
and youth violence more effectively;
    (6) Providing funding for technology, equipment, and training to 
assist prosecutors in identifying and expediting the prosecution of 
violent juvenile offenders;
    (7) Providing funding to enable juvenile courts and juvenile 
probation offices to be more effective and efficient in holding 
juvenile offenders accountable and reducing recidivism;
    (8) The establishment of court-based juvenile justice programs that 
target young firearms offenders through the establishment of juvenile 
gun courts for the adjudication and prosecution of juvenile firearms 
offenders;
    (9) The establishment of drug court programs for juveniles so as to 
provide continuing judicial supervision over juvenile offenders with 
substance abuse problems and to provide the integrated administration 
of other sanctions and services;
    (10) Establishing and maintaining interagency information sharing 
programs that enable the juvenile and criminal justice system, schools, 
and social services agencies to make more informed decisions regarding 
the early identification, control, supervision, and treatment of 
juveniles who repeatedly commit serious delinquent or criminal acts;
    (11) Establishing and maintaining accountability-based programs 
that work with juvenile offenders who are referred by law enforcement 
agencies, or which are designed, in cooperation with law enforcement 
officials, to protect students and school personnel from drug, gang, 
and youth violence; and, (12) implementing a policy of controlled 
substance testing for appropriate categories of juveniles within the 
juvenile justice system.

C. Application Process

    Eligible applicants in FY 1998, FY 1999, and each subsequent fiscal 
year as funds are made available, are States whose Governor (or other 
Chief Executive Officer for the eligible jurisdictions that are not one 
of the 50 States but defined as such for purposes of this program under 
1808(3) of Title III of H.R. 3) certifies, consistent with guidelines 
established by the Attorney General in consultation with Congress and 
incorporated into OJJDP's Program Guidance Manual, that the State is 
actively considering (or already has in place), or will consider within 
one year from the date of such certification, legislation, policies, or 
practices which, if enacted, would qualify the State for a grant under 
section 1802 of H.R. 3. Specific information regarding section 1802 
qualifications can be found in the JAIBG Program Guidance Manual.
    The Chief Executive of each State is required to designate a State 
agency to apply for, receive, and administer JAIBG funds. The 
designated State agency will administer funds allocated to the State 
based on relative population of people under 18 years of age, with no 
more than 25% of the funds retained at the State level, absent a 
waiver, and with 75% or more allocated and subgranted to units of local 
government within the State. Specific information regarding ``waiver'' 
qualifications can be found in the JAIBG Program Guidance Manual.
    JAIBG funds awarded to a State and expended at the State level or 
subgranted by a State to a unit of local government, other than funds 
set aside for administrative costs, may be expended only for programs 
or projects under one or more of the twelve purpose areas established 
by law.

D. Discussion of Comments

    Comments were received from a State agency regarding issues 
relevant to the underlying JAIBG statute. These comments addressed 
issues involving the prosecution of juveniles in criminal court; 
implementing a system of graduated sanctions for juvenile offenders 
requesting that requirements of other OJJDP funded programs be tied

[[Page 19675]]

to local JAIBG grant awards; and, requesting clarification of match 
requirements. These comments were beyond the scope of this rulemaking 
but will be addressed in separate correspondence with the commenting 
agency.
    Four additional comments were received from the above State agency, 
along with another State agency, that were within the scope of this 
rulemaking. These comments have been considered by OJJDP in the 
issuance of a final policy. The following is a summary of these 
comments and the response by OJJDP:
    1. Comment: There is some concern with the additional burden of 
reporting to be placed on local governments and subgrantees.
    Response: Use of the Follow-up Information Form to report to OJJDP 
on the expenditure of JAIBG funds will not be a cumbersome process. The 
form will require that the following types of information be provided 
on each unit of local government receiving JAIBG funds and on funds 
retained by the State for program expenditure:
    1. OJJDP Award Number.
    2. Award Amount.
    3. Unit of local government or State agency name, address, city, 
State, zip, phone.
    4. Contact person.
    5. Jurisdiction type, i.e. State, County, Local, Regional.
    6. Juvenile Crime Enforcement Coalition (JCEC) membership.
    7. Verification that a Crime Enforcement Plan was developed.
    8. Program Purpose Area Distribution of Funds (dollar amount 
allocated to each purpose area).
    The Follow-up Information Form will be electronic and anticipated 
to be accessible via the Internet, thus reducing the burden required 
for the State to meet the reporting requirements. It is anticipated 
that the form will be very basic in nature and should not require undue 
burden to units of local government or the State agency responsible for 
submission.
    2. Comment: States should be afforded the authority to fund 
projects without having to first seek programmatic fund drawdown 
approval from OJJDP. The FY 1998 JAIBG Guidance Manual specified a two 
phase implementation for States. Initially States could only access 
administrative funds while access to program funds required states to 
make a second submission to OJJDP. States could commit to program 
compliance in the FY 1999 application and inform OJJDP of any revisions 
throughout the year. This approach would align JAIBG with other 
programs administered by OJJDP.
    Response: States may drawdown any or all funds at any time after 
the date of award. OJJDP allowed that while States were preparing for 
the first year of implementation the Designated State Agency (DSA) 
could drawdown administrative funds (up to 10% of the total award) up 
to 180 days prior to drawing down program funds. The drawdown of 
program funds starts the statutorily required 24 month grant period. 
Allowing States to first drawdown administrative funds provided an 
additional six months for States to prepare to administer the program.
    The authority to obligate program funds through the use of the 
Follow-up Information Form is similar to the submission of the Sub-
Award Report Form utilized for the OJJDP Formula Grants Program.
    3. Comment: Section 31.502(b) of the proposed regulation provides 
``* * * a State administering JAIBG funds must provide to OJJDP 
information that demonstrates that the State, or a unit of local 
government that receives JAIBG funds, has established a coordinated 
enforcement plan for reducing juvenile crime, developed by a Juvenile 
Crime Enforcement Coalition. The phrase ``information that 
demonstrates'' is subject to interpretation. A certification or an 
assurance would meet the requirement, without increasing the 
documentation requirements of the States or the units of local 
government.
    Response: Submission of the Follow-up Information Form will satisfy 
the requirements of providing information.
    4. Comment: Section 31.503 of the proposed regulation provides a 
mechanism for a State to report on the proposed use of funds by the 
State or by a subgrantee unit of local government. A ``review'' by 
OJJDP is identified. Since the proposed use of funds should be 
consistent with the plan as provided in Sec. 31.502, could the Follow-
up Information Form with a planning assurance meet the planning 
requirements as a single mechanism for submission to OJJDP?
    Response: The review by OJJDP is only for funds retained at the 
State level. It is the responsibility of the DSA to review submissions 
by units of local government to determine if planning requirements have 
been met and funds are budgeted for expenditures within the twelve 
program purpose areas.
    For funds expended at the State level, the Follow-up Information 
Form will include a planning assurance and will serve as the single 
mechanism for submission to OJJDP.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Office of Justice Programs has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.

Executive Order 12612

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 12612, it is determined that this rule does not have sufficient 
federalism implications to warrant preparation of a Federalism 
Assessment.

Regulatory Flexibility Act

    The Office of Justice Programs, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact upon a substantial number of small entities for the 
following reasons:
    (1) This rule provides the procedures under which eligible 
applicants are required to provide notice regarding the proposed use of 
funds available under the JAIBG program; and
    (2) The award of such funds imposes no requirements on small 
business or on small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in cost or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the

[[Page 19676]]

ability of United States-based companies to compete in domestic and 
export markets.

National Environmental Policy Act

    This rule has been reviewed in accordance with OJP's Procedures for 
Implementing the National Environmental Policy Act, 28 CFR part 61. The 
Assistant Attorney General for OJP has determined that this regulation 
does not constitute a major Federal action significantly affecting the 
quality of the human environment, and in accordance with the National 
Environmental Policy Act of 1969, Pub. L. 91-190, an Environmental 
Impact Statement is not required.

Paperwork Reduction Act

    The collection of information requirements contained in this 
regulation have been submitted to and approved by the Office of 
Management and Budget for review under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3504(h)).

List of Subjects in 28 CFR Part 31

    Administrative practice and procedure, Grants.

    For the reasons set forth in the preamble, 28 CFR part 31 is 
amended as follows:

PART 31--OJJDP GRANT PROGRAMS

    1. The authority citation for part 31 is revised to read as 
follows:

    Authority: 42 U.S.C. 5601 et seq.; Pub. L. 105-119, 111 Stat. 
2440.

    2. The heading for part 31 is revised as set forth above.
    3. The designations ``Subpart A through Subpart E'' are removed and 
the headings remain as undesignated centerheadings.


Secs. 31.1 through 31.403 and undesignated centerheadings  [Designated 
as Subpart A]

    4. Sections 31.1 through 31.403, and the undesignated 
centerheadings, are designated as subpart A and a new subpart heading 
is added to read as follows:

Subpart A--Formula Grants


Sec. 31.1  [Amended]

    5. Section 31.1 is amended by revising ``This part'' to read as 
follows: ``This subpart''.


Sec. 31.200  [Amended]

    6. Section 31.200 is amended by revising ``This part'' to read as 
follows: ``This subpart''.


Sec. 31.300  [Amended]

    7. Section 31.300 is amended by revising ``This part'' to read as 
follows: ``This subpart''.
    8. Part 31 is amended by adding new subpart B to read as follows:

Subpart B--Juvenile Accountability Incentive Block Grants

Sec.
31.500  Program purposes
31.501  Eligible applicants
31.502  Assurances and plan information
31.503  Notice of proposed use of funds


Sec. 31.500  Program purposes.

    Funds are available under the Juvenile Accountability Incentive 
Block Grants (JAIBG) in FY 1998, FY 1999, and each subsequent fiscal 
year as funds are made available, for State and local grants to support 
the following program purposes:
    (a) Program purpose no. 1: Building, expanding, renovating, or 
operating temporary or permanent juvenile correction or detention 
facilities, including the training of correctional personnel;
    (b) Program purpose no. 2: Developing and administering 
accountability-based sanctions for juvenile offenders;
    (c) Program purpose no. 3: Hiring additional juvenile judges, 
probation officers, and court-appointed defenders, and funding pre-
trial services for juveniles, to ensure the smooth and expeditious 
administration of the juvenile justice system;
    (d) Program purpose no. 4: Hiring additional prosecutors, so that 
more cases involving violent juvenile offenders can be prosecuted and 
backlogs reduced;
    (e) Program purpose no. 5: Providing funding to enable prosecutors 
to address drug, gang, and youth violence more effectively;
    (f) Program purpose no. 6: Providing funding for technology, 
equipment, and training to assist prosecutors in identifying and 
expediting the prosecution of violent juvenile offenders;
    (g) Program purpose no. 7: Providing funding to enable juvenile 
courts and juvenile probation offices to be more effective and 
efficient in holding juvenile offenders accountable and reducing 
recidivism;
    (h) Program purpose no. 8: The establishment of court-based 
juvenile justice programs that target young firearms offenders through 
the establishment of juvenile gun courts for the adjudication and 
prosecution of juvenile firearms offenders;
    (i) Program purpose no. 9: The establishment of drug court programs 
for juveniles so as to provide continuing judicial supervision over 
juvenile offenders with substance abuse problems and to provide the 
integrated administration of other sanctions and services;
    (j) Program purpose no. 10: Establishing and maintaining 
interagency information sharing programs that enable the juvenile and 
criminal justice system, schools, and social services agencies to make 
more informed decisions regarding the early identification, control, 
supervision, and treatment of juveniles who repeatedly commit serious 
delinquent or criminal acts;
    (k) Program purpose no. 11: Establishing and maintaining 
accountability-based programs that work with juvenile offenders who are 
referred by law enforcement agencies, or which are designed, in 
cooperation with law enforcement officials, to protect students and 
school personnel from drug, gang, and youth violence; and,
    (l) Program purpose no. 12: Implementing a policy of controlled 
substance testing for appropriate categories of juveniles within the 
juvenile justice system.


Sec. 31.501  Eligible applicants.

    (a) Eligible applicants. Eligible applicants in FY 1998, FY 1999, 
and each subsequent fiscal year as funds are made available, are States 
whose Governor (or other Chief Executive Officer for the eligible 
jurisdictions that are not one of the 50 States but defined as such for 
purposes of this program) certifies, consistent with guidelines 
established by the Attorney General in consultation with Congress and 
incorporated into OJJDP's Program Guidance Manual, that the State is 
actively considering (or already has in place), or will consider within 
one year from the date of such certification, legislation, policies, or 
practices which, if enacted, would qualify the State for a grant. 
Specific information regarding qualifications can be found in the JAIBG 
Program Guidance Manual.
    (b) Qualifications. Each State Chief Executive Officer must 
designate a state agency to apply for, receive, and administer JAIBG 
funds.


Sec. 31.502  Assurances and plan information.

    (a) In its application for a Juvenile Accountability Incentive 
Block Grant (JAIBG), each State must provide assurances to the Office 
of Juvenile Justice and Delinquency Prevention (OJJDP), absent a waiver 
as provided in the JAIBG Program Guidance Manual, that:

[[Page 19677]]

    (1) The State will subgrant at least 75% of the State's allocation 
of funds to eligible units of local government to implement authorized 
programs at the local level; and
    (2) The State, and each unit of local government applying for a 
subgrant from the State, will expend not less than 45% of any grant 
provided to such State or unit of local government, other than funds 
set aside for administration, for program purposes 3-9 in Sec. 31.500 
(c) through (i) of this subpart, and will not spend less than 35% for 
program purposes 1, 2, and 10 in Sec. 31.500 (a), (b), and (j) of this 
subpart, unless the State certifies to OJJDP, or the unit of local 
government certifies to the State, that the interests of public safety 
and juvenile crime control would be better served by expending the 
grant award for purposes set forth in the twelve program areas in a 
different ratio. Such certification shall provide information 
concerning the availability of existing structures or initiatives 
within the intended areas of expenditure (or the availability of 
alternative funding sources for those areas), and the reasons for the 
State or unit of local government's alternative use.
    (b) Following award of JAIBG funds to a State by OJJDP, but prior 
to obligation of program funds by the State or of subgrant funds by a 
unit of local government for any authorized program purpose, a State 
administering JAIBG funds must provide to OJJDP information that 
demonstrates that the State, or a unit of local government that 
receives JAIBG funds, has established a coordinated enforcement plan 
for reducing juvenile crime, developed by a Juvenile Crime Enforcement 
Coalition (JCEC).
    (c) State coordinated enforcement plans must be developed by a 
Juvenile Crime Enforcement Coalition consisting of representatives of 
law enforcement and social service agencies involved in juvenile crime 
prevention. To assist in developing the State's coordinated enforcement 
plan, States may choose to utilize members of the State Advisory Group 
(SAG) established by the State's Chief Executive under section 
223(a)(3) of Part B of the Juvenile Justice and Delinquency Prevention 
(JJDP) Act of 1974, as amended, codified at 42 U.S.C. 5633(a)(3), if 
appropriate membership exists, or use or establish another planning 
group that constitutes a coalition of law enforcement and social 
service agencies.
    (d) When establishing a local Juvenile Crime Enforcement Coalition 
(JCEC), units of local government must include, unless impracticable, 
individuals representing:
    (1) Police,
    (2) Sheriff,
    (3) Prosecutor,
    (4) State or local probation services,
    (5) Juvenile court,
    (6) Schools,
    (7) Business, and
    (8) Religious affiliated, fraternal, nonprofit, or social service 
organizations involved in crime prevention.
    (e) Units of local government may utilize members of Prevention 
Policy Boards established pursuant to section 505(b)(4) of Title V of 
the JJDP Act, codified at 42 U.S.C. 5784(b)(4), to meet the JCEC 
requirement, provided that each JCEC meets the membership requirements 
listed in paragraph (d) of this section.


Sec. 31.503  Notice of proposed use of funds.

    The mechanism for a State to report on the proposed use of funds by 
the State or by a subgrantee unit of local government is by electronic 
submission of a ``Follow Up Information Form'' to be provided to each 
participating State. The purpose of this report is for the State to 
provide assurances to OJJDP that funds expended by the State and its 
subgrantee units of local government will be used for authorized 
program purpose areas. Although no actual program descriptions will be 
required, information about the distribution of funds among the 
authorized program purpose areas must be provided. Upon receipt and 
review of the ``Follow Up Information Form'' by OJJDP, States may 
obligate program funds retained for expenditure at the State level. 
Similarly, the State shall require that each recipient unit of local 
government submit its proposed use of non-administrative funds to the 
State prior to drawdown of subgrant funds to implement local programs 
and projects. Upon receipt and review of the local unit of government's 
proposed fund use, the State shall authorize the local unit of 
government to obligate local subgrant funds. The State shall 
electronically submit a copy of the local subgrant information to 
OJJDP, as provided in the award package, within 30 days of the date 
that the local unit of government is authorized to obligate program 
funds under its subgrant award.

    Dated: April 12, 1999.
Shay Bilchik,
Administrator, Office of Juvenile Justice and Delinquency Prevention.
[FR Doc. 99-9884 Filed 4-20-99; 8:45 am]
BILLING CODE 4410-18-P