In the Senate of the United States,
December 11, 2018.
Resolved, That the bill from the House of Representatives (H.R. 6964) entitled βAn Act to reauthorize and improve the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes.β, do pass with the following
AMENDMENT:
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Application of amendments.
Sec. 101. Purposes.
Sec. 102. Definitions.
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.
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.
Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Authorization of appropriations; accountability and oversight.
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.
Section 102 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11102) is amendedβ
(3) by amending paragraph (3) to read as follows:
β(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; andβ; and
(4) by adding at the end the following:
β(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.β.
Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11103) is amendedβ
(5) by amending paragraph (26) to read as follows:
(8) by adding at the end the following:
β(30) the term βcore requirementsββ
β(31) the term βchemical agentβ means a spray or injection used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
β(32) the term βisolationββ
β(A) means any instance in which a youth is confined alone for more than 15 minutes in a room or cell; and
β(33) the term βrestraintsβ has the meaning given that term in section 591 of the Public Health Service Act (42 U.S.C. 290ii);
β(34) the term βevidence-basedβ means a program or practice thatβ
β(35) the term βpromisingβ means a program or practice thatβ
β(36) the term βdangerous practiceβ 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;
β(37) the term βscreeningβ means a brief processβ
β(38) the term βassessmentβ includes, at a minimum, an interview and review of available records and other pertinent informationβ
β(39) for purposes of section 223(a)(15), the term βcontactβ 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;
β(40) the term βtrauma-informedβ meansβ
β(A) understanding the impact that exposure to violence and trauma have on a youth's physical, psychological, and psychosocial development;
β(41) the term βracial and ethnic disparityβ 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;
β(42) the term βstatus offenderβ means a juvenile who is charged with or who has committed an offense that would not be criminal if committed by an adult;
β(43) the term βruralβ means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget;
Section 204 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11114) is amendedβ
(1) in subsection (a)β
(A) in paragraph (1), in the first sentenceβ
(i) by striking βa long-term plan, and implementβ and inserting the following: βa 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 implementβ; and
(2) in subsection (b)β
(C) by inserting after paragraph (4), the following:
β(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;β;
Section 206 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11116) is amendedβ
(1) in subsection (a)β
(2) in subsection (c)β
(A) in paragraph (1), by striking βparagraphs (12)(A), (13), and (14) of section 223(a) of this titleβ and inserting βthe core requirementsβ; and
(B) in paragraph (2)β
(i) in the matter preceding subparagraph (A), by inserting β, on an annual basisβ after βcollectivelyβ; and
(ii) by striking subparagraph (B) and inserting the following:
β(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 thatβ
β(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;
Section 207 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11117) is amendedβ
(1) in the matter preceding paragraph (1), by striking βa fiscal yearβ and inserting βeach fiscal yearβ;
(2) in paragraph (1)β
(A) in subparagraph (B), by striking βand genderβ and inserting β, gender, and ethnicity, as such term is defined by the Bureau of the Census,β;
(D) by adding at the end the following:
β(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;
β(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;
β(I) the number of juveniles released from custody and the type of living arrangement to which they are released;
(3) by adding at the end the following:
β(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.
β(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 111β211; 124 Stat. 2261), including direct Federal grants and funding provided to Indian Tribes through a State or unit of local government.
β(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 instancesβ
β(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, includingβ
(a) Technical assistance.βSection 221(b)(1) of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11131(b)(1)) is amended by striking β2 percentβ and inserting β5 percentβ.
(b) Other allocations.βSection 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11132) is amendedβ
(1) in subsection (a)β
(A) in paragraph (1), by striking βage eighteenβ and inserting β18 years of age, based on the most recent data available from the Bureau of the Censusβ; and
(B) by striking paragraphs (2) and (3) and inserting the following:
β(2) (A) If the aggregate amount appropriated for a fiscal year to carry out this title is less than $75,000,000, thenβ
β(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
β(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.
(2) in subsection (c), by striking βefficient administration, including monitoring, evaluation, and one full-time staff positionβ and inserting βeffective 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 requirementsβ; and
(c) Charles Grassley Juvenile Justice and Delinquency Prevention Program.βPart B of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11131 et seq.) is amendedβ
Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11133) is amendedβ
(1) in subsection (a)β
(A) in the matter preceding paragraph (1), by striking βand shall describe the status of compliance with State plan requirements.β and inserting βand 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.β;
(B) in paragraph (1), by striking βdescribed in section 299(c)(1)β and inserting βas designated by the chief executive officer of the Stateβ;
(C) in paragraph (3)β
(i) in subparagraph (A)β
(II) in clause (ii)β
(aa) in subclause (III), by striking βmental health, education, special educationβ and inserting βchild and adolescent mental health, education, child and adolescent substance abuse, special education, services for youth with disabilitiesβ;
(bb) in subclause (V), by striking βdelinquents or potential delinquentsβ and inserting βdelinquent youth or youth at risk of delinquencyβ;
(cc) in subclause (VI), by striking βyouth workers involved withβ and inserting βrepresentatives ofβ;
(ee) by striking subclause (VIII) and inserting the following:
β(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;
β(IX) representatives of victim or witness advocacy groups, including at least one individual with expertise in addressing the challenges of sexual abuse and exploitation and trauma, particularly the needs of youth who experience disproportionate levels of sexual abuse, exploitation, and trauma before entering the juvenile justice system; and
(D) in paragraph (5)(C), by striking βIndian tribesβ and all that follows through βapplicable to the detention and confinement of juvenilesβ and inserting βIndian Tribes that agree to attempt to comply with the core requirements applicable to the detention and confinement of juvenilesβ;
(E) in paragraph (7)β
(i) in subparagraph (A), by striking βperforms law enforcement functionsβ and inserting βhas jurisdictionβ; and
(ii) in subparagraph (B)β
(II) by striking clause (iv) and inserting the following:
β(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;
β(v) a plan to reduce the number of children housed in secure detention and corrections facilities who are awaiting placement in residential treatment programs;
β(vi) a plan to engage family members, where appropriate, in the design and delivery of juvenile delinquency prevention and treatment services, particularly post-placement;
β(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;
β(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, toβ
β(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
β(II) eliminate the use of abdominal restraints, leg and ankle restraints, wrist restraints behind the back, and four-point restraints on known pregnant juveniles, unlessβ
(G) in paragraph (9)β
(i) in the matter preceding subparagraph (A), by inserting β, with priority in funding given to entities meeting the criteria for evidence-based or promising programsβ after βused forβ;
(iii) in subparagraph (B)(i)β
(iv) in subparagraph (E)β
(v) in subparagraph (F), in the matter preceding clause (i), by striking βexpandingβ and inserting βprograms to expandβ;
(vii) by inserting after subparagraph (F), the following:
(viii) in subparagraph (H), as so redesignated, by striking βState,β each place the term appears and inserting βState, tribal,β;
(xii) in subparagraph (T), as so redesignatedβ
(xiii) by inserting after subparagraph (T) the following:
β(U) programs and projects designedβ
β(i) to inform juveniles of the opportunity and process for sealing and expunging juvenile records; and
β(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;
β(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
(H) by striking paragraph (11) and inserting the following:
β(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, ifβ
β(i) the juvenile is charged with or has committed an offense that would not be criminal if committed by an adult, excludingβ
β(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;
β(B) require thatβ
β(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 facilityβ
β(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 considerβ
β(III) the present mental state of the juvenile, including whether the juvenile presents an imminent risk of harm to the juvenile;
β(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 adultsβ
β(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
(J) in paragraph (13), by striking βcontactβ each place it appears and inserting βsight or sound contactβ;
(K) in paragraph (14)β
(O) by inserting after paragraph (14) the following:
β(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, byβ
β(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;
(Q) in paragraph (21), as so redesignated, by striking βlocal,β each place the term appears and inserting βlocal, tribal,β;
(R) in paragraph (23)β
(i) in subparagraphs (A), (B), and (C), by striking βjuvenileβ each place it appears and inserting βstatus offenderβ;
(iii) in subparagraph (C)β
(III) by adding at the end the following:
β(iii) if such court determines the status offender should be placed in a secure detention facility or correctional facility for violating such orderβ
β(I) the court shall issue a written order thatβ
β(bb) specifies the factual basis for determining that there is reasonable cause to believe that the status offender has violated such order;
β(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;
(iv) by adding at the end the following:
β(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;β;
(S) in paragraph (26)β
(i) by inserting βand in accordance with confidentiality concerns,β after βmaximum extent practicable,β; and
(ii) by striking the semicolon at the end and inserting the following: β, so as to provide forβ
(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:
β(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;
β(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;
β(30) describeβ
β(31) describe how reentry planning by the State for juveniles will includeβ
β(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 progressβ
β(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;
β(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
(2) by amending subsection (c) to read as follows:
β(c) (1) If a State fails to comply with any of the core requirements in any fiscal year, thenβ
β(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
β(B) the State shall be ineligible to receive any allocation under such section for such fiscal year unlessβ
β(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
(3) in subsection (d)β
(5) by adding at the end the following:
β(g) Compliance Determination.β
β(1) IN GENERAL.βFor 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.
β(2) REPORTING.βThe Administrator shallβ
β(A) issue an annual public reportβ
Part C of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11141 et seq.) is repealed.
Section 251 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11161) is amendedβ
(1) in subsection (a)β
(A) in paragraph (1)β
(ii) in subparagraph (A), by striking βplan and identifyβ and inserting βannually publish a plan to identifyβ; and
(iii) in subparagraph (B)β
(II) by striking clause (vii) and inserting the following:
β(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;β;
(III) by redesignating clauses (ix), (x), and (xi) as clauses (xvi), (xvii), and (xviii), respectively; and
(IV) by inserting after clause (viii) the following:
β(ix) training efforts and reforms that have produced reductions in or elimination of the use of dangerous practices;
β(x) methods to improve the recruitment, selection, training, and retention of professional personnel who are focused on the prevention, identification, and treatment of delinquency;
β(xi) methods to improve the identification and response to victims of domestic child sex trafficking within the juvenile justice system;
β(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;
β(xiii) evaluating the impact and outcomes of the prosecution and sentencing of juveniles as adults;
β(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;β; and
(2) in subsection (b), in the matter preceding paragraph (1), by striking βmayβ and inserting βshallβ; and
(3) by adding at the end the following:
β(f) National recidivism measure.βThe Administrator, in accordance with applicable confidentiality requirements and in consultation with experts in the field of juvenile justice research, recidivism, and data collection, shallβ
Section 252 of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11162) is amendedβ
(1) in subsection (a)β
(D) by adding at the end the following:
β(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.β;
(2) in subsection (b)β
(B) in paragraph (1)β
(D) by adding at the end the following:
β(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
β(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.β;
(4) by adding at the end the following:
β(d) Best practices regarding legal representation of children.βIn consultation with experts in the field of juvenile defense, the Administrator shallβ
β(e) Best practices for status offenders.βBased on the available research and State practices, the Administrator shallβ
β(f) Training and technical assistance for local and State juvenile detention and corrections personnel.βThe Administrator shall coordinate training and technical assistance programs with juvenile detention and corrections personnel of States and units of local governmentβ
β(g) Training and technical assistance To support mental health or substance abuse treatment including home-Based or community-Based care.βThe 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, includingβ
β(h) Training and Technical Assistance to Support juvenile court judges and personnel.βThe 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 toβ
β(i) Free and reduced price school lunches for incarcerated juveniles.βThe 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.β.
Section 299A of the Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11182) is amendedβ
(1) in subsection (d)β
(B) by striking β, after appropriate consultation with representatives of States and units of local government,β;
(D) by adding at the end the following: βIn 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.
β(2) The Administrator shall ensure thatβ
Section 501 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (34 U.S.C. 11101 note) is amendedβ
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:
βIn this titleβ
β(1) the term βat-riskβ has the meaning given that term in section 1432 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6472);
β(2) the term βeligible entityβ meansβ
β(3) the term βdelinquency prevention programβ means a delinquency prevention program that is evidence-based or promising and that may includeβ
β(4) the term βlocal policy boardβ, when used with respect to an eligible entity, means a policy board that the eligible entity will engage in the development of the eligible entityβs plan described in section 504(e)(5), and that includesβ
β(B) a balanced representation ofβ
β(5) the term βmentoringβ 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;
Section 503 of the Incentive Grants for Local Delinquency Prevention Programs Act of 2002 (34 U.S.C. 11282) is amendedβ
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:
βSEC. 504. Grants for Local Delinquency Prevention programs.
β(a) Purpose.βThe 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.
β(b) Program authorized.βThe Administrator shallβ
β(c) State application.βTo be eligible to receive a grant under this section, a State entity shall submit an application to the Administrator that includes the following:
β(1) An assurance the State entity will useβ
β(2) An assurance that such grant will supplement, and not supplant, State and local efforts to prevent juvenile delinquency.
β(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.
β(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.
β(d) Approval of state applications.βIn awarding grants under this section for a fiscal year, the Administrator may not award a grant to a State entity for a fiscal year unlessβ
β(e) Subgrant program.β
β(1) PROGRAM AUTHORIZED.β
β(A) IN GENERAL.βEach State entity receiving a grant under this section shall award subgrants to eligible entities in accordance with this subsection.
β(B) PRIORITY.βIn awarding subgrants under this subsection, the State shall give priority to eligible entities that demonstrate ability inβ
β(i) plans for service and agency coordination and collaboration including the collocation of services;
β(ii) innovative ways to involve the private nonprofit and business sector in delinquency prevention activities;
β(iii) developing data-driven prevention plans, employing evidence-based prevention strategies, and conducting program evaluations to determine impact and effectiveness;
β(C) SUBGRANT PROGRAM PERIOD AND DIVERSITY OF PROJECTS.β
β(i) PROGRAM PERIOD.βA 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 entityβ
β(2) LOCAL APPLICATION.βAn 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 includesβ
β(A) a description ofβ
β(i) the local policy board and local partners the eligible entity will engage in the development of the plan described in paragraph (5);
β(3) MATCHING REQUIREMENT.βAn 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.
β(4) SUBGRANT REVIEW.β
β(A) REVIEW.βNot 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 shallβ
β(B) TERMINATION.βIf 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.
β(5) LOCAL USES OF FUNDS.βAn eligible entity that receives a subgrant under this subsection shall use the funds to implement a plan to carry out delinquency prevention programs in the community served by the eligible entity in a coordinated manner with other delinquency prevention programs or entities serving such community, which includesβ
β(A) an analysis of the unmet needs of at-risk or delinquent youth in the communityβ
β(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;
β(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);
β(E) the evidence or promising evaluation on which such delinquency prevention programs are based; and
β(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.β.
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:
βSEC. 505. Grants for tribal delinquency prevention and response programs.
β(a) In general.βThe 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)β
β(b) Eligible Indian Tribes.βTo 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.
(a) Evaluation.βNot 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.βFor purposes of subsection (a), the Comptroller General shallβ
(c) Recommendations and findings.βIn conducting the evaluation required by subsection (a), the Comptroller General shall take into consideration whetherβ
(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;
(a) Evaluation.βNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shallβ
(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 βthe agencyβ), 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
(b) Considerations for evaluation.βIn 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 considerationβ
(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 103β62; 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;
(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;
(c) Considerations for audits.βIn 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 considerationβ
(2) whether grantees have sufficient internal controls to ensure adequate oversight of grant fund received;
(d) Report.β
(1) IN GENERAL.βNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shallβ
(2) CONTENTS.βThe 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).
(a) In general.βThe Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) is amended by adding at the end the following:
βSEC. 601. Authorization of appropriations.
βThere 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.
βSEC. 602. Accountability and oversight.
β(a) Sense of Congress.βIt 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 Nationβ
β(b) Accountability.β
β(1) AGENCY PROGRAM REVIEW.β
β(A) PROGRAMMATIC AND FINANCIAL ASSESSMENT.β
β(i) IN GENERAL.βNot 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 βDirectorβ) shallβ
β(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 βagencyβ) 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 whereβ
β(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
β(ii) CONSIDERATIONS FOR EVALUATIONS.βIn 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 whichβ
β(iii) CONSIDERATIONS FOR AUDITS.βIn 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 considerationβ
β(II) whether grantees have sufficient internal controls to ensure adequate oversight of grant funds received;
β(B) ANALYSIS OF INTERNAL CONTROLS.β
β(i) IN GENERAL.βNot 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.
β(ii) REPORT.βNot 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 containingβ
β(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
β(C) REPORT BY THE ATTORNEY GENERAL.βNot 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.
β(2) OFFICE OF INSPECTOR GENERAL PERFORMANCE AUDITS.β
β(A) IN GENERAL.βIn 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.
β(B) ASSESSMENT.βNot 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.
β(C) PUBLIC AVAILABILITY ON WEBSITE.βThe 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.
β(D) MANDATORY EXCLUSION.βA recipient of grant funds under this Act (excluding title IV) that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act (excluding title IV) during the first 2 fiscal years beginning after the 12-month period beginning on the date on which the audit report is issued.
β(E) PRIORITY.βIn 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.
β(F) REIMBURSEMENT.βIf 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 shallβ
β(3) NONPROFIT ORGANIZATION REQUIREMENTS.β
β(A) DEFINITION.βFor purposes of this paragraph and the grant programs described in this Act (excluding title IV), the term βnonprofit organizationβ 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.
β(B) PROHIBITION.βThe 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.
β(C) DISCLOSURE.β
β(i) IN GENERAL.βEach 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, includingβ
β(4) CONFERENCE EXPENDITURES.β
β(A) LIMITATION.βNo 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.
β(5) PROHIBITION ON LOBBYING ACTIVITY.β
β(A) IN GENERAL.βAmounts authorized to be appropriated under this Act may not be utilized by any recipient of a grant made using such amountsβ
β(6) ANNUAL CERTIFICATION.βBeginning 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 thatβ
β(c) Preventing duplicative grants.β
β(1) IN GENERAL.βBefore 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.
β(2) REPORT.βIf 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 includesβ
β(d) Compliance with auditing standards.βThe Administrator shall comply with the Generally Accepted Government Auditing Standards, published by the General Accountability Office (commonly known as the βYellow Bookβ), in the conduct of fiscal, compliance, and programmatic audits of States.β.
(b) Authorization of appropriations.βSection 388(a) of the Juvenile Justice and Delinquency Prevention Act (34 U.S.C. 11280(a)) is amendedβ
(c) Technical and conforming amendments.βThe Juvenile Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 et seq.) is amended by strikingβ
(1) section 299 (34 U.S.C. 11171); and
Attest:
Secretary
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