    [United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 115-385
    115th Congress

    An Act

    To reauthorize and improve the Juvenile Justice and Delinquency
    Prevention Act of 1974, and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Juvenile Justice Reform Act of
    2018''.
    SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. Application of amendments.

    TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS

    Sec. 101. Purposes.
    Sec. 102. Definitions.

    TITLE II--CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY PREVENTION
    PROGRAM

    Sec. 201. Concentration of Federal efforts.
    Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
    Prevention.
    Sec. 203. Annual report.
    Sec. 204. Allocation of funds.
    Sec. 205. State plans.
    Sec. 206. Repeal of juvenile delinquency prevention block grant program.
    Sec. 207. Research and evaluation; statistical analyses; information
    dissemination.
    Sec. 208. Training and technical assistance.
    Sec. 209. Administrative authority.

    TITLE III--INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OPPORTUNITIES,
    MENTORING, INTERVENTION, SUPPORT, AND EDUCATION

    Sec. 301. Short Title.
    Sec. 302. Definitions.
    Sec. 303. Duties and functions of the administrator.
    Sec. 304. Grants for delinquency prevention programs.
    Sec. 305. Grants for tribal delinquency prevention and response
    programs.
    Sec. 306. Evaluation by Government Accountability Office.
    Sec. 307. Technical amendment.

    TITLE IV--MISCELLANEOUS PROVISIONS

    Sec. 401. Evaluation by Government Accountability Office.
    Sec. 402. Authorization of appropriations; accountability and oversight.

    SEC. 3. <>  APPLICATION OF AMENDMENTS.

    The amendments made by this Act shall not apply with respect to
    funds appropriated for any fiscal year that begins before the date of
    the enactment of this Act.

    [[Page 5124]]

    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

    [[Page 5125]]

    ``(ii) has been arrested and is in custody for
    or awaiting trial on a criminal charge, or is
    convicted of a criminal offense; and
    ``(B) does not include an individual who--
    ``(i) at the time of the offense, was younger
    than the maximum age at which a youth can be held
    in a juvenile facility under applicable State law;
    and
    ``(ii) was committed to the care and custody
    or supervision, including post-placement or parole
    supervision, of a juvenile correctional agency by
    a court of competent jurisdiction or by operation
    of applicable State law;'';
    (6) in paragraph (28), by striking ``and'' at the end;
    (7) in paragraph (29), by striking the period at the end and
    inserting a semicolon; and
    (8) by adding at the end the following:
    ``(30) the term `core requirements'--
    ``(A) means the requirements described in paragraphs
    (11), (12), (13), and (15) of section 223(a); and
    ``(B) does not include the data collection
    requirements described in subparagraphs (A) through (K)
    of section 207(1);
    ``(31) the term `chemical agent' means a spray or injection
    used to temporarily incapacitate a person, including oleoresin
    capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
    ``(32) the term `isolation'--
    ``(A) means any instance in which a youth is
    confined alone for more than 15 minutes in a room or
    cell; and
    ``(B) does not include--
    ``(i) confinement during regularly scheduled
    sleeping hours;
    ``(ii) separation based on a treatment program
    approved by a licensed medical or mental health
    professional;
    ``(iii) confinement or separation that is
    requested by the youth; or
    ``(iv) the separation of the youth from a
    group in a nonlocked setting for the limited
    purpose of calming;
    ``(33) the term `restraints' has the meaning given that term
    in section 591 of the Public Health Service Act (42 U.S.C.
    290ii);
    ``(34) the term `evidence-based' means a program or practice
    that--
    ``(A) is demonstrated to be effective when
    implemented with fidelity;
    ``(B) is based on a clearly articulated and
    empirically supported theory;
    ``(C) has measurable outcomes relevant to juvenile
    justice, including a detailed description of the
    outcomes produced in a particular population, whether
    urban or rural; and
    ``(D) has been scientifically tested and proven
    effective through randomized control studies or
    comparison group studies and with the ability to
    replicate and scale;
    ``(35) the term `promising' means a program or practice
    that--

    [[Page 5126]]

    ``(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

    [[Page 5127]]

    ``(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.''.

    [[Page 5128]]

    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

    [[Page 5129]]

    (ii) by striking the period at the end and
    inserting a semicolon; and
    (D) by adding at the end the following:
    ``(G) <>  a summary of data from 1
    month of the applicable fiscal year of the use of
    restraints and isolation upon juveniles held in the
    custody of secure detention and correctional facilities
    operated by a State or unit of local government;
    ``(H) the number of status offense cases petitioned
    to court, number of status offenders held in secure
    detention, the findings used to justify the use of
    secure detention, and the average period of time a
    status offender was held in secure detention;
    ``(I) the number of juveniles released from custody
    and the type of living arrangement to which they are
    released;
    ``(J) the number of juveniles whose offense
    originated on school grounds, during school-sponsored
    off-campus activities, or due to a referral by a school
    official, as collected and reported by the Department of
    Education or similar State educational agency; and
    ``(K) the number of juveniles in the custody of
    secure detention and correctional facilities operated by
    a State or unit of local or tribal government who report
    being pregnant.''; and
    (3) by adding at the end the following:
    ``(5) <>  A description of the
    criteria used to determine what programs qualify as evidence-
    based and promising programs under this title and title V and a
    comprehensive list of those programs the Administrator has
    determined meet such criteria in both rural and urban areas.
    ``(6) A description of funding provided to Indian Tribes
    under this Act or for a juvenile delinquency or prevention
    program under the Tribal Law and Order Act of 2010 (Public Law
    111-211; 124 Stat. 2261), including direct Federal grants and
    funding provided to Indian Tribes through a State or unit of
    local government.
    ``(7) <>  An analysis and
    evaluation of the internal controls at the Office of Juvenile
    Justice and Delinquency Prevention to determine if grantees are
    following the requirements of the Office of Juvenile Justice and
    Delinquency Prevention grant programs and what remedial action
    the Office of Juvenile Justice and Delinquency Prevention has
    taken to recover any grant funds that are expended in violation
    of the grant programs, including instances--
    ``(A) in which supporting documentation was not
    provided for cost reports;
    ``(B) where unauthorized expenditures occurred; or
    ``(C) where subrecipients of grant funds were not
    compliant with program requirements.
    ``(8) <>  An analysis and
    evaluation of the total amount of payments made to grantees that
    the Office of Juvenile Justice and Delinquency Prevention
    recouped from grantees that were found to be in violation of
    policies and procedures of the Office of Juvenile Justice and
    Delinquency Prevention grant programs, including--
    ``(A) the full name and location of the grantee;
    ``(B) the violation of the program found;

    [[Page 5130]]

    ``(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:

    [[Page 5131]]

    ``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

    [[Page 5132]]

    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;

    [[Page 5133]]

    ``(v) a plan to reduce the number of children
    housed in secure detention and corrections
    facilities who are awaiting placement in
    residential treatment programs;
    ``(vi) a plan to engage family members, where
    appropriate, in the design and delivery of
    juvenile delinquency prevention and treatment
    services, particularly post-placement;
    ``(vii) a plan to use community-based services
    to respond to the needs of at-risk youth or youth
    who have come into contact with the juvenile
    justice system;
    ``(viii) a plan to promote evidence-based and
    trauma-informed programs and practices; and
    ``(ix) <>  not later than 1
    year after the date of enactment of the Juvenile
    Justice Reform Act of 2018, a plan which shall be
    implemented not later than 2 years after the date
    of enactment of the Juvenile Justice Reform Act of
    2018, to--
    ``(I) eliminate the use of
    restraints of known pregnant juveniles
    housed in secure juvenile detention and
    correction facilities, during labor,
    delivery, and post-partum recovery,
    unless credible, reasonable grounds
    exist to believe the detainee presents
    an immediate and serious threat of
    hurting herself, staff, or others; and
    ``(II) eliminate the use of
    abdominal restraints, leg and ankle
    restraints, wrist restraints behind the
    back, and four-point restraints on known
    pregnant juveniles, unless--
    ``(aa) credible, reasonable
    grounds exist to believe the
    detainee presents an immediate
    and serious threat of hurting
    herself, staff, or others; or
    ``(bb) reasonable grounds
    exist to believe the detainee
    presents an immediate and
    credible risk of escape that
    cannot be reasonably minimized
    through any other method;'';
    (F) in paragraph (8), by striking ``existing'' and
    inserting ``evidence-based and promising'';
    (G) in paragraph (9)--
    (i) in the matter preceding subparagraph (A),
    by inserting ``, with priority in funding given to
    entities meeting the criteria for evidence-based
    or promising programs'' after ``used for'';
    (ii) in subparagraph (A)--
    (I) in clause (i)--
    (aa) by inserting ``status
    offenders and other'' before
    ``youth who need''; and
    (bb) by striking ``and'' at
    the end;
    (II) in clause (ii) by adding
    ``and'' at the end; and
    (III) by inserting after clause (ii)
    the following:
    ``(iii) for youth who need specialized
    intensive and comprehensive services that address
    the unique issues encountered by youth when they
    become involved with gangs;'';
    (iii) in subparagraph (B)(i)--

    [[Page 5134]]

    (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'';

    [[Page 5135]]

    (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

    [[Page 5136]]

    ``(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:

    [[Page 5137]]

    ``(15) implement policy, practice, and system improvement
    strategies at the State, territorial, local, and tribal levels,
    as applicable, to identify and reduce racial and ethnic
    disparities among youth who come into contact with the juvenile
    justice system, without establishing or requiring numerical
    standards or quotas, by--
    ``(A) establishing or designating existing
    coordinating bodies, composed of juvenile justice
    stakeholders, (including representatives of the
    educational system) at the State, local, or tribal
    levels, to advise efforts by States, units of local
    government, and Indian Tribes to reduce racial and
    ethnic disparities;
    ``(B) <>  identifying and
    analyzing data on race and ethnicity at decision points
    in State, local, or tribal juvenile justice systems to
    determine which such points create racial and ethnic
    disparities among youth who come into contact with the
    juvenile justice system; and
    ``(C) <>  developing and implementing a
    work plan that includes measurable objectives for
    policy, practice, or other system changes, based on the
    needs identified in the data collection and analysis
    under subparagraph (B);'';
    (P) in paragraph (16), as so redesignated, by
    inserting ``ethnicity,'' after ``race,'';
    (Q) in paragraph (21), as so redesignated, by
    striking ``local,'' each place the term appears and
    inserting ``local, tribal,'';
    (R) in paragraph (23)--
    (i) in subparagraphs (A), (B), and (C), by
    striking ``juvenile'' each place it appears and
    inserting ``status offender'';
    (ii) in subparagraph (B), by striking ``and''
    at the end;
    (iii) in subparagraph (C)--
    (I) in clause (i), by striking
    ``and'' at the end;
    (II) in clause (ii), by adding
    ``and'' at the end; and
    (III) by adding at the end the
    following:
    ``(iii) <>  if such
    court determines the status offender should be
    placed in a secure detention facility or
    correctional facility for violating such order--
    ``(I) the court shall issue a
    written order that--
    ``(aa) identifies the valid
    court order that has been
    violated;
    ``(bb) specifies the factual
    basis for determining that there
    is reasonable cause to believe
    that the status offender has
    violated such order;
    ``(cc) includes findings of
    fact to support a determination
    that there is no appropriate
    less restrictive alternative
    available to placing the status
    offender in such a facility,
    with due consideration to the
    best interest of the juvenile;
    ``(dd) <>  specifies the length
    of time, not to exceed 7 days,
    that the status offender may

    [[Page 5138]]

    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--

    [[Page 5139]]

    ``(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

    [[Page 5140]]

    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--

    [[Page 5141]]

    (1) in subsection (a)--
    (A) in paragraph (1)--
    (i) in the matter preceding subparagraph (A),
    by striking ``may'' and inserting ``shall'';
    (ii) in subparagraph (A), by striking ``plan
    and identify'' and inserting ``annually publish a
    plan to identify''; and
    (iii) in subparagraph (B)--
    (I) by striking clause (iii) and
    inserting the following:
    ``(iii) successful efforts to prevent status
    offenders and first-time minor offenders from subsequent
    involvement with the juvenile justice and criminal
    justice systems;'';
    (II) by striking clause (vii) and
    inserting the following:
    ``(vii) the prevalence and duration of behavioral
    health needs (including mental health, substance abuse,
    and co-occurring disorders) among juveniles pre-
    placement and post-placement in the juvenile justice
    system, including an examination of the effects of
    secure detention in a correctional facility;'';
    (III) by redesignating clauses (ix),
    (x), and (xi) as clauses (xvi), (xvii),
    and (xviii), respectively; and
    (IV) by inserting after clause
    (viii) the following:
    ``(ix) training efforts and reforms that have
    produced reductions in or elimination of the use of
    dangerous practices;
    ``(x) methods to improve the recruitment, selection,
    training, and retention of professional personnel who
    are focused on the prevention, identification, and
    treatment of delinquency;
    ``(xi) methods to improve the identification and
    response to victims of domestic child sex trafficking
    within the juvenile justice system;
    ``(xii) identifying positive outcome measures, such
    as attainment of employment and educational degrees,
    that States and units of local government should use to
    evaluate the success of programs aimed at reducing
    recidivism of youth who have come in contact with the
    juvenile justice system or criminal justice system;
    ``(xiii) evaluating the impact and outcomes of the
    prosecution and sentencing of juveniles as adults;
    ``(xiv) successful and cost-effective efforts by
    States and units of local government to reduce
    recidivism through policies that provide for
    consideration of appropriate alternative sanctions to
    incarceration of youth facing nonviolent charges, while
    ensuring that public safety is preserved;''; and
    (B) in paragraph (4)--
    (i) in the matter preceding subparagraph (A)--
    (I) by striking ``date of enactment
    of this paragraph, the'' and inserting
    ``date of enactment of the Juvenile
    Justice Reform Act of 2018, the''; and

    [[Page 5142]]

    (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)--

    [[Page 5143]]

    (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

    [[Page 5144]]

    programs with juvenile detention and corrections personnel of States and
    units of local government--
    ``(1) to promote methods for improving conditions of
    juvenile confinement, including methods that are designed to
    minimize the use of dangerous practices, unreasonable
    restraints, and isolation and methods responsive to cultural
    differences; and
    ``(2) to encourage alternative behavior management
    techniques based on positive youth development approaches that
    may include methods responsive to cultural differences.

    ``(g) Training and Technical Assistance To Support Mental Health or
    Substance Abuse Treatment Including Home-Based or Community-Based
    Care.--The Administrator shall provide training and technical
    assistance, in conjunction with the appropriate public agencies, to
    individuals involved in making decisions regarding the disposition and
    management of cases for youth who enter the juvenile justice system
    about the appropriate services and placement for youth with mental
    health or substance abuse needs, including--
    ``(1) juvenile justice intake personnel;
    ``(2) probation officers;
    ``(3) juvenile court judges and court services personnel;
    ``(4) prosecutors and court-appointed counsel; and
    ``(5) family members of juveniles and family advocates.

    ``(h) Training and Technical Assistance to Support Juvenile Court
    Judges and Personnel.-- <> The
    Attorney General, acting through the Office of Juvenile Justice and
    Delinquency Prevention and the Office of Justice Programs in
    consultation with entities in the profession, shall provide directly, or
    through grants or contracts, training and technical assistance to
    enhance the capacity of State and local courts, judges, and related
    judicial personnel to--
    ``(1) improve the lives of children currently involved in or
    at risk of being involved in the juvenile court system; and
    ``(2) carry out the requirements of this Act.

    ``(i) Free and Reduced Price School Lunches for Incarcerated
    Juveniles.-- <> The Attorney General, in
    consultation with the Secretary of Agriculture, shall provide guidance
    to States relating to existing options for school food authorities in
    the States to apply for reimbursement for free or reduced price lunches
    under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751
    et seq.) for juveniles who are incarcerated and would, if not
    incarcerated, be eligible for free or reduced price lunches under that
    Act.''.
    SEC. 209. ADMINISTRATIVE AUTHORITY.

    Section 299A of the Juvenile Justice and Delinquency Prevention Act
    of 1974 (34 U.S.C. 11182) is amended--
    (1) in subsection (d)--
    (A) by inserting ``(1)'' before ``The
    Administrator'';
    (B) by striking ``, after appropriate consultation
    with representatives of States and units of local
    government,'';
    (C) by inserting ``guidance,'' after
    ``regulations,''; and
    (D) <>
    by adding at the end the following: ``In developing
    guidance and procedures, the Administrator shall consult
    with representatives of States and units of local
    government, including those individuals responsible for
    administration of this Act and compliance with the core
    requirements.

    [[Page 5145]]

    ``(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;

    [[Page 5146]]

    ``(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;

    [[Page 5147]]

    ``(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.

    [[Page 5148]]

    ``(3) An assurance the State entity will evaluate the
    capacity of eligible entities receiving a subgrant under
    subsection (e) to fulfill the requirements under such
    subsection.
    ``(4) <>  An assurance that such
    application was prepared after consultation with, and
    participation by, the State advisory group, units of local
    government, community-based organizations, and organizations
    that carry out programs, projects, or activities to prevent
    juvenile delinquency in the local juvenile justice system served
    by the State entity.

    ``(d)  Approval of State Applications.--In awarding grants under
    this section for a fiscal year, the Administrator may not award a grant
    to a State entity for a fiscal year unless--
    ``(1)(A) the State that will be served by the State entity
    submitted a plan under section 223 for such fiscal year; and
    ``(B) such plan is approved by the Administrator for such
    fiscal year; or
    ``(2) after finding good cause for a waiver, the
    Administrator waives the plan required under subparagraph (A)
    for such State for such fiscal year.

    ``(e) Subgrant Program.--
    ``(1) Program authorized.--
    ``(A) In general.--Each State entity receiving a
    grant under this section shall award subgrants to
    eligible entities in accordance with this subsection.
    ``(B) Priority.--In awarding subgrants under this
    subsection, the State shall give priority to eligible
    entities that demonstrate ability in--
    ``(i) plans for service and agency
    coordination and collaboration including the
    collocation of services;
    ``(ii) innovative ways to involve the private
    nonprofit and business sector in delinquency
    prevention activities;
    ``(iii) developing data-driven prevention
    plans, employing evidence-based prevention
    strategies, and conducting program evaluations to
    determine impact and effectiveness;
    ``(iv) identifying under the plan submitted
    under paragraph (5) potential savings and
    efficiencies associated with successful
    implementation of such plan; and
    ``(v) describing how such savings and
    efficiencies may be used to carry out delinquency
    prevention programs and be reinvested in the
    continuing implementation of such programs after
    the end of the subgrant period.
    ``(C) Subgrant program period and diversity of
    projects.--
    ``(i) Program period.--A subgrant awarded to
    an eligible entity by a State entity under this
    section shall be for a period of not more than 5
    years, of which the eligible entity--
    ``(I) may use not more than 18
    months for completing the plan submitted
    by the eligible entity under paragraph
    (5); and
    ``(II) shall use the remainder of
    the subgrant period, after planning
    period described in subclause (I), for
    the implementation of such plan.

    [[Page 5149]]

    ``(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

    [[Page 5150]]

    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--

    [[Page 5151]]

    ``(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

    [[Page 5152]]

    (5) the evidence-base information used to justify such
    delinquency prevention programs was used with fidelity by local
    entities in accordance with the approach used to find the
    evidence;
    SEC. 307. TECHNICAL AMENDMENT.

    Title V of the Juvenile Justice and Delinquency Prevention Act of
    1974 as enacted by Public Law 93-415 (88 Stat. 1133) (relating to
    miscellaneous and conforming amendments) is repealed.

    TITLE IV--MISCELLANEOUS PROVISIONS

    SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Evaluation <> .--Not later than 1 year after
    the date of enactment of this Act, the Comptroller General of the United
    States shall--
    (1) <>  conduct a comprehensive analysis
    and evaluation regarding the performance of the Office of
    Juvenile Justice and Delinquency Prevention (referred to in this
    section as ``the agency''), its functions, its programs, and its
    grants;
    (2) <>  conduct a comprehensive audit and
    evaluation of a selected, sample of grantees (as determined by
    the Comptroller General) that receive Federal funds under grant
    programs administered by the agency including a review of
    internal controls (as defined in section 103 of the Juvenile
    Justice and Delinquency Prevention Act of 1974 (34 U.S.C.
    11103), as amended by this Act) to prevent fraud, waste, and
    abuse of funds by grantees; and
    (3) <>  submit a report in accordance with
    subsection (d).

    (b) Considerations for Evaluation.--In conducting the analysis and
    evaluation under subsection (a)(1), and in order to document the
    efficiency and public benefit of the Juvenile Justice and Delinquency
    Prevention Act of 1974 (34 U.S.C. 11101 et seq.), the Comptroller
    General shall take into consideration--
    (1) the outcome and results of the programs carried out by
    the agency and those programs administered through grants by the
    agency;
    (2) the extent to which the agency has complied with the
    Government Performance and Results Act of 1993 (Public Law 103-
    62; 107 Stat. 285);
    (3) the extent to which the jurisdiction of, and the
    programs administered by, the agency duplicate or conflict with
    the jurisdiction and programs of other agencies;
    (4) the potential benefits of consolidating programs
    administered by the agency with similar or duplicative programs
    of other agencies, and the potential for consolidating those
    programs;
    (5) whether less restrictive or alternative methods exist to
    carry out the functions of the agency and whether current
    functions or operations are impeded or enhanced by existing
    statutes, rules, and procedures;
    (6) the number and types of beneficiaries or persons served
    by programs carried out by the agency;

    [[Page 5153]]

    (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:

    [[Page 5154]]

    ``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

    [[Page 5155]]

    ``(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.

    [[Page 5156]]

    ``(ii) Report.--Not later than 180 days after
    the date of enactment of the Juvenile Justice
    Reform Act of 2018, the Administrator shall submit
    to Congress a report containing--
    ``(I) the findings of the analysis
    and evaluation conducted under clause
    (i);
    ``(II) a description of remedial
    actions, if any, that will be taken by
    the Administrator to enhance the
    internal controls of the agency and
    recoup funds that may have been expended
    in violation of law, regulations, or
    program requirements issued under titles
    II and V; and
    ``(III) a description of--
    ``(aa) the analysis
    conducted under clause (i);
    ``(bb) whether the funds
    awarded under titles II and V
    have been used in accordance
    with law, regulations, program
    guidance, and applicable plans;
    and
    ``(cc) the extent to which
    funds awarded to States and
    Indian Tribes under titles II
    and V enhanced the ability of
    grantees to fulfill the core
    requirements.
    ``(C) Report by the attorney general.--Not later
    than 180 days after the date of enactment of the
    Juvenile Justice Reform Act of 2018, the Attorney
    General shall submit to the appropriate committees of
    the Congress a report on the estimated amount of formula
    grant funds disbursed by the agency since fiscal year
    2010 that did not meet the requirements for awards of
    formula grants to States under title II.
    ``(2) Office of inspector general performance audits.--
    ``(A) In general.--In order to ensure the effective
    and appropriate use of grants administered under this
    Act (excluding title IV) and to prevent waste, fraud,
    and abuse of funds by grantees, the Inspector General of
    the Department of Justice shall annually conduct audits
    of grantees that receive funds under this Act.
    ``(B) <>
    Assessment.--Not later than 1 year after the date of
    enactment of the Juvenile Justice Reform Act of 2018 and
    annually thereafter, the Inspector General shall conduct
    a risk assessment to determine the appropriate number of
    grantees to be audited under subparagraph (A) in the
    year involved.
    ``(C) Public availability on
    website <> .--The Attorney General shall
    make the summary of each review conducted under this
    section available on the website of the Department of
    Justice, subject to redaction as the Attorney General
    determines necessary to protect classified and other
    sensitive information.
    ``(D) Mandatory exclusion <> .--
    A recipient of grant funds under this Act (excluding
    title IV) that is found to have an unresolved audit
    finding shall not be eligible to receive grant funds
    under this Act (excluding title IV) during the first 2
    fiscal years beginning after the 12-month

    [[Page 5157]]

    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.

    [[Page 5158]]

    ``(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--

    [[Page 5159]]

    ``(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''.

    [[Page 5160]]

    (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. <>

    Approved December 21, 2018.

    LEGISLATIVE HISTORY--H.R. 6964:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 164 (2018):
    Sept. 28, considered and passed House.
    Dec. 11, considered and passed Senate, amended.
    Dec. 13, House concurred in Senate amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018):
    Dec. 21, Presidential remarks.