Text: H.R.6964 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-385 (12/21/2018)

 
[115th Congress Public Law 385]
[From the U.S. Government Publishing Office]



[[Page 132 STAT. 5123]]

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. <<NOTE: Dec. 21, 
                         2018 -  [H.R. 6964]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Juvenile Justice 
Reform Act of 2018. 34 USC 10101 note.>> 
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. <<NOTE: 34 USC 11102 note.>>  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 132 STAT. 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: <<NOTE: Determination. Consultation.>> 
        ``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

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                          ``(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 132 STAT. 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

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                    ``(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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Consultation. Policy.>>  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.''.

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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) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Web posting.>>  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

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                          (ii) by striking the period at the end and 
                      inserting a semicolon; and
                    (D) by adding at the end the following:
                    ``(G) <<NOTE: Summary.>>  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) <<NOTE: Criteria. Lists.>>  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) <<NOTE: Analysis. Evaluation.>>  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) <<NOTE: Analysis. Evaluation.>>  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;

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                    ``(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) <<NOTE: Coordination. Certification.>>  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 132 STAT. 5131]]

                              ``short title


    ``Sec. <<NOTE: 34 USC 10101 note.>>  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 <<NOTE: Deadline. Public information. Web 
                posting.>>  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 132 STAT. 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 132 STAT. 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) <<NOTE: Deadlines.>>  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 132 STAT. 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 132 STAT. 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) <<NOTE: Deadline.>>  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 132 STAT. 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) <<NOTE: Determinations. Time periods.>>  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 132 STAT. 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) <<NOTE: Data analysis.>>  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) <<NOTE: Plan.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time 
                                        period.>>  specifies the length 
                                        of time, not to exceed 7 days, 
                                        that the status offender may

[[Page 132 STAT. 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) <<NOTE: Time period.>>  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) <<NOTE: Data.>>  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) <<NOTE: Plan.>>  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 132 STAT. 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) <<NOTE: Determination.>> 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 132 STAT. 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) <<NOTE: Public information.>>  issue an annual 
                public report--
                          ``(i) <<NOTE: Summary.>>  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) <<NOTE: Web posting.>>  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 132 STAT. 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 132 STAT. 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 <<NOTE: Consultation. Data.>> .--
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) <<NOTE: Public information.>>  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 132 STAT. 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.-- 
<<NOTE: Consultation.>> 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 132 STAT. 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.-- <<NOTE: Consultation. Grants. Contracts.>> 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.-- <<NOTE: Consultation. Guidance.>> 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) <<NOTE: Guidance. Procedures. Consultation.>>  
                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 132 STAT. 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. <<NOTE: 34 USC 10101 note.>>  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 132 STAT. 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) <<NOTE: Time period.>>  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 132 STAT. 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 132 STAT. 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) <<NOTE: Consultation.>>  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 132 STAT. 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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Verification.>>  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 132 STAT. 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) <<NOTE: Analysis.>>  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) <<NOTE: Time period. Strategy. Estimate.>>  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 <<NOTE: 42 USC 5784.>>  as section 506, and by inserting after 
section 504 the following:
``SEC. 505. <<NOTE: 34 USC 11314.>>  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 132 STAT. 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) <<NOTE: Deadline. Reports.>>  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 132 STAT. 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 <<NOTE: Deadline.>> .--Not later than 1 year after 
the date of enactment of this Act, the Comptroller General of the United 
States shall--
            (1) <<NOTE: Analysis.>>  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) <<NOTE: Audit.>>  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) <<NOTE: Reports.>>  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 132 STAT. 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) <<NOTE: Public information.>>  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. <<NOTE: 34 USC 11321.>>  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 132 STAT. 5154]]

    ``TITLE VI--AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND 
                                OVERSIGHT

``SEC. 601. <<NOTE: 34 USC 11321.>>  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. <<NOTE: 34 USC 11322.>>  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 <<NOTE: Deadline. Evaluations.>> .--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) <<NOTE: Analysis.>>  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) <<NOTE: Audit.>>  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 132 STAT. 5155]]

                                    ``(III) <<NOTE: Reports.>>  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) <<NOTE: Web posting.>>  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) <<NOTE: Deadline. Evaluation. Determination.>> 
                       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 132 STAT. 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) <<NOTE: Deadline. Determination.>>  
                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 <<NOTE: Summary.>> .--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 <<NOTE: Time period.>> .--
                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 132 STAT. 5157]]

                period beginning on the date on which the audit report 
                is issued.
                    ``(E) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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 132 STAT. 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) <<NOTE: Cost estimate.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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 <<NOTE: Effective date.>> .--
        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 132 STAT. 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) <<NOTE: Lists.>>  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 132 STAT. 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 <<NOTE: 34 USC 11181.>>  (34 U.S.C. 11171); 
        and
            (2) section 505. <<NOTE: 42 USC 5784.>> 

    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.

                                  <all>