[House Report 114-890]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 114-890
======================================================================
TIFFANY JOSLYN JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
REAUTHORIZATION ACT OF 2016
_______
December 23, 2016.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 68]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 68) to amend the Omnibus Crime Control and Safe
Streets Act of 1968 to enhance the use of Juvenile
Accountability Block Grants for programs to prevent and address
occurrences of bullying and to reauthorize the Juvenile
Accountability Block Grants program, having considered the
same, reports favorably thereon with amendments and recommends
that the bill as amended do pass.
CONTENTS
Page
The Amendments................................................... 2
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 4
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Performance Goals and Objectives................................. 6
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 8
The Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Tiffany Joslyn Juvenile Accountability
Block Grant Program Reauthorization Act of 2016''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives''; and
(B) in paragraph (3), by striking ``hiring juvenile
court judges, probation officers, and court-appointed
defenders and special advocates, and'';
(C) by striking paragraphs (4) and (7), and
redesignating paragraphs (5) through (17) as paragraphs
(4) through (15), respectively; and
(D) in paragraph (11), as so redesignated, by
striking ``research-based bullying, cyberbullying, and
gang prevention programs'' and inserting
``interventions such as researched-based anti-bullying,
anti-cyberbullying, and gang prevention programs, as
well as mental health services and trauma-informed
practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``,
incentives,'';
(B) in subsection (e)(1)(B), by striking ``graduated
sanctions'' and inserting ``graduated sanctions and
incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction
may include'' the following: ``a range
of court-approved interventions, such
as''; and
(II) by inserting after ``a fine,''
the following: ``a restorative justice
program,''; and
(ii) by inserting after paragraph (2) the
following:
``(3) Incentives.--The term `incentives' means
individualized, goal-oriented, and graduated responses to a
juvenile offender's compliance with court orders and case
disposition terms designed to reinforce or modify the skills
and behaviors of the juvenile offender. An incentive may
include a certificate of achievement, a letter of
recommendation, a family or program activity, a meeting or
special outing with a community leader, a reduction in
community service hours, a reduced curfew or home-restriction,
a decrease in required court appearances, or a decrease in the
term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each
of fiscal years 2006 through 2009'' and inserting ``$25,000,000
for each of fiscal years 2018 through 2022''; and
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this section, the term
`applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of
Representatives.
``(b) Accountability.--All grants awarded by the Attorney General
under this part shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months after the date on which the final audit
report is issued.
``(B) Audit.--Beginning in the first fiscal year
beginning after the date of enactment of this section,
and in each fiscal year thereafter, the Inspector
General of the Department of Justice shall conduct
audits of recipients of grants awarded by the Attorney
General under this part to prevent waste, fraud, and
abuse of funds by grantees. The Inspector General shall
determine the appropriate number of grantees to be
audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this part that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this part during the first 2
fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this part,
the Attorney General shall give priority to eligible
applicants that did not have an unresolved audit
finding during the 3 fiscal years before submitting an
application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant
funds under this part during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), 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 fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section, the
Attorney General shall submit to the applicable committees an
annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector
General of the Department of Justice under
paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General
or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a grant
to an applicant under this part, the Attorney General shall
compare potential grant awards with other grants awarded under
this part by the Attorney General to determine if duplicate
grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the same
purpose, the Attorney General shall submit to the applicable
committees a report that includes--
``(A) a list of all duplicate grants awarded under
this part, including the total dollar amount of any
duplicate grants awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best practices is
encouraged for all activities for which grants under part R of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 may be used.
SEC. 4. USE OF AMOUNTS MADE AVAILABLE FOR DEPARTMENT OF JUSTICE,
GENERAL ADMINISTRATION TO CARRY OUT JUVENILE
ACCOUNTABILITY BLOCK GRANT PROGRAM.
In each of fiscal years 2018 through 2022, the Attorney General shall
use up to $25,000,000 of the amounts made available for Department of
Justice, General Administration, to carry out part R of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et
seq.).
Amend the title so as to read:
A bill to amend the Omnibus Crime Control and Safe Streets
Act of 1968 to reauthorize the Juvenile Accountability Block
Grant program, and for other purposes.
Purpose and Summary
The Justice Department's Juvenile Accountability Block
Grant (JABG) program authorizes the Attorney General to provide
competitive grants to states, tribes, and units of local
government to strengthen their juvenile justice systems and
foster accountability within their juvenile populations by
holding juveniles responsible for their actions and reducing
recidivist behavior.
Background and Need for the Legislation
This bill reauthorizes the Justice Department's Juvenile
Accountability Block Grant (JABG) program, strengthens the JABG
program to reduce youth crime and contains a robust
accountability and oversight mechanism to ensure taxpayer
dollars are used efficiently and appropriately. The JABG
program provides grants to states, tribes and localities to
strengthen their juvenile justice systems and reduce recidivist
behavior.
Hearings
The Committee on the Judiciary held no hearings on H.R. 68.
Committee Consideration
On July 13, 2016, the Committee on the Judiciary met in
open session and ordered the bill H.R. 68 favorably reported,
with amendments, by voice vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 68.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 68, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 19, 2016.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 68, the ``Juvenile
Accountability Block Grant Program Reauthorization Act of
2016.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Keith Hall,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 68--Juvenile Accountability Block Grant Program Reauthorization
Act of 2016.
As ordered reported by the House Committee on the Judiciary
on July 13, 2016.
SUMMARY
H.R. 68 would authorize the appropriation of $25 million
annually over the 2018-2022 period for the Department of
Justice (DOJ) to make grants to State and local governments for
programs to strengthen the juvenile justice system, including
programs to combat bullying in schools.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 68 would cost $50 million over
the 2017-2021 period. Pay-as-you-go procedures do not apply to
this legislation because enacting it would not affect direct
spending or revenues.
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
H.R. 68 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA);
any costs to State, local, or tribal governments would result
from complying with conditions of Federal assistance.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 68 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
BASIS OF ESTIMATE
CBO assumes that the authorized amounts will be
appropriated near the start of each fiscal year and that
outlays will follow the historical rate of spending for similar
activities. The Congress did not provide any funds for this
program in 2016.
PAY-AS-YOU-GO CONSIDERATIONS
None.
INCREASE IN LONG-TERM DIRECT SPENDING AND DEFICITS
CBO estimates that enacting the legislation would not
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2027.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 68 contains no intergovernmental or private-sector
mandates as defined in UMRA; any costs to State, local, or
tribal governments would result from complying with conditions
of Federal assistance.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz
Impact on State, Local, and Tribal Governments: Rachel Austin
Impact on the Private Sector: Paige Piper/Bach
ESTIMATE APPROVED BY:
Theresa Gullo
Assistant Director for Budget Analysis
Duplication of Federal Programs
No provision of H.R. 68 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
The Committee estimates that H.R. 68 specifically directs
to be completed no specific rule makings within the meaning of
5 U.S.C. Sec. 551.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R. 68
reauthorizes the Juvenile Accountability Block Grant program to
provide grants to states for programs to address and strengthen
juvenile justice initiatives.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 68 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1: Short Title.
Section 1 provides that the short title of the bill is the
``Tiffany Joslyn Juvenile Accountability Block Grant Program
Reauthorization Act of 2016.'' The title honors Tiffany Joslyn,
a counsel for the Committee who died tragically in March of
this year. Ms. Joslyn worked tirelessly to reform our criminal
justice system, including work on this bill and other efforts
to improve the system's treatment of young offenders.
Sec. 2: Reauthorization of Juvenile Accountability Block Grant
Programs.
This section amends various purpose areas for which
Juvenile Accountability Block Grant (JABG) funds may be used.
Historically, to strengthen the juvenile justice system, states
have been authorized to use JABG grant funds for various
purposes. Included among these purpose areas are the
development, implementation, and administration of a state
system of graduated sanctions for juvenile offenders. In
addition to graduated ``sanctions,'' the substitute amendment
will add graduated ``incentives'' to the relevant purpose area.
The reason for this addition is to ensure that the states are
using incentives, in addition to sanctions, to respond to a
juvenile's ability to meet short and long term goals in
compliance with court orders and terms of case disposition.
This section strikes as a purpose area the hiring of
juvenile court judges, probation officers, court appointed
defenders and special advocates, and prosecutors. It also
strikes the establishment of ``gun courts'' as an available
purpose area.
``Mental health services and trauma-informed practices,''
are added at the end of the purpose area pertaining to
bullying. The prefix ``anti'' is added to bullying and
cyberbullying for clarification.
Under JABG's prior authorization, any state system of
``graduated sanctions'' must ensure sufficient flexibility to
allow for individualized sanctions. This section adds
``incentives,'' as an additional component.
This section recognizes a ``restorative justice program''
is an available sanction.
This section defines ``incentives.''
This section authorizes the grant program at $25 million
for each of fiscal years 2018 through 2022.
This section adds grant accountability measures, including
an audit requirement by the Inspector General of the Department
of Justice, for the expenditure of grants funds, an annual
certification to the House and Senate Judiciary Committees, and
an oversight mechanism to prevent duplicative grants from being
awarded.
Sec. 3. Sense of Congress.
This section adds a sense of the Congress that the use of
best practices is encouraged for all activities for which
grants are allocated.
Sec. 4. Use of Amounts Made Available for Department of Justice,
General Administration to Carry out Juvenile Accountability
Block Grant Program.
Finally, this section provides an offset, in accordance
with House spending rules, in the amount of $25 million per
year from 2018 through 2022 from the Department of Justice's
General Administration budget.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART R--JUVENILE ACCOUNTABILITY BLOCK GRANTS
SEC. 1801. PROGRAM AUTHORIZED.
(a) In General.--The Attorney General is authorized to
provide grants to States, for use by States and units of local
government, and in certain cases directly to specially
qualified units.
(b) Authorized Activities.--Amounts paid to a State or a unit
of local government under this part shall be used by the State
or unit of local government for the purpose of strengthening
the juvenile justice system, which includes--
(1) developing, implementing, and administering
[graduated sanctions] graduated sanctions and
incentives for juvenile offenders;
(2) building, expanding, renovating, or operating
temporary or permanent juvenile correction, detention,
or community corrections facilities;
(3) [hiring juvenile court judges, probation
officers, and court-appointed defenders and special
advocates, and] funding pretrial services (including
mental health screening and assessment) for juvenile
offenders, to promote the effective and expeditious
administration of the juvenile justice system;
[(4) hiring additional prosecutors, so that more
cases involving violent juvenile offenders can be
prosecuted and case backlogs reduced;]
[(5)] (4) providing funding to enable prosecutors to
address drug, gang, and youth violence problems more
effectively and for technology, equipment, and training
to assist prosecutors in identifying and expediting the
prosecution of violent juvenile offenders;
[(6)] (5) establishing and maintaining training
programs for law enforcement and other court personnel
with respect to preventing and controlling juvenile
crime;
[(7) establishing juvenile gun courts for the
prosecution and adjudication of juvenile firearms
offenders;]
[(8)] (6) establishing drug court programs for
juvenile offenders that provide continuing judicial
supervision over juvenile offenders with substance
abuse problems and the integrated administration of
other sanctions and services for such offenders;
[(9)] (7) establishing and maintaining a system of
juvenile records designed to promote public safety;
[(10)] (8) establishing and maintaining interagency
information-sharing programs that enable the juvenile
and criminal justice systems, schools, and social
services agencies to make more informed decisions
regarding the early identification, control,
supervision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts;
[(11)] (9) establishing and maintaining
accountability-based programs designed to reduce
recidivism among juveniles who are referred by law
enforcement personnel or agencies;
[(12)] (10) establishing and maintaining programs to
conduct risk and need assessments of juvenile offenders
that facilitate the effective early intervention and
the provision of comprehensive services, including
mental health screening and treatment and substance
abuse testing and treatment to such offenders;
[(13)] (11) establishing and maintaining
accountability-based programs that are designed to
enhance school safety, which programs may include
[research-based bullying, cyberbullying, and gang
prevention programs] interventions such as researched-
based anti-bullying, anti-cyberbullying, and gang
prevention programs, as well as mental health services
and trauma-informed practices;
[(14)] (12) establishing and maintaining restorative
justice programs;
[(15)] (13) establishing and maintaining programs to
enable juvenile courts and juvenile probation officers
to be more effective and efficient in holding juvenile
offenders accountable and reducing recidivism;
[(16)] (14) hiring detention and corrections
personnel, and establishing and maintaining training
programs for such personnel to improve facility
practices and programming; or
[(17)] (15) establishing, improving, and coordinating
pre-release and post-release systems and programs to
facilitate the successful reentry of juvenile offenders
from State or local custody in the community.
(c) Definition.--In this section the term ``restorative
justice program'' means a program that emphasizes the moral
accountability of an offender toward the victim and the
affected community and may include community reparations
boards, restitution (in the form of monetary payment or service
to the victim or, where no victim can be identified, service to
the affected community), and mediation between victim and
offender.
* * * * * * *
SEC. 1802. GRANT ELIGIBILITY.
(a) State Eligibility.--To be eligible to receive a grant
under this part, a State shall submit to the Attorney General
an application at such time, in such form, and containing such
assurances and information as the Attorney General may require
by guidelines, including--
(1) information about--
(A) the activities proposed to be carried out
with such grant; and
(B) the criteria by which the State proposes
to assess the effectiveness of such activities
on achieving the purposes of this part,
including the extent to which evidence-based
approaches are utilized; and
(2) assurances that the State and any unit of local
government to which the State provides funding under
section 1803(b), has in effect (or shall have in
effect, not later than 1 year after the date that the
State submits such application) laws, or has
implemented (or shall implement, not later than 1 year
after the date that the State submits such application)
policies and programs, that provide for a system of
graduated sanctions described in subsection (d).
(b) Local Eligibility.--
(1) Subgrant eligibility.--To be eligible to receive
a subgrant, a unit of local government, other than a
specially qualified unit, shall provide to the State--
(A) information about--
(i) the activities proposed to be
carried out with such subgrant; and
(ii) the criteria by which the unit
proposes to assess the effectiveness of
such activities on achieving the
purposes of this part, including the
extent to which evidence-based
approaches are utilized; and
(B) such assurances as the State shall
require, that, to the maximum extent
applicable, the unit of local government has in
effect (or shall have in effect, not later than
1 year after the date that the unit submits
such application) laws, or has implemented (or
shall implement, not later than 1 year after
the date that the unit submits such
application) policies and programs, that
provide for a system of graduated sanctions
described in subsection (d).
(2) Special rule.--The requirements of paragraph (1)
shall apply to a specially qualified unit that receives
funds from the Attorney General under section 1803(e),
except that information that is otherwise required to
be submitted to the State shall be submitted to the
Attorney General.
(c) Role of Courts.--In the development of the grant
application, the States and units of local governments shall
take into consideration the needs of the judicial branch in
strengthening the juvenile justice system and specifically seek
the advice of the chief of the highest court of the State and
where appropriate, the chief judge of the local court, with
respect to the application.
(d) Graduated Sanctions.--A system of graduated sanctions,
which may be discretionary as provided in subsection (e), shall
ensure, at a minimum, that--
(1) sanctions are imposed on a juvenile offender for
each delinquent offense;
(2) sanctions escalate in intensity with each
subsequent, more serious delinquent offense;
(3) there is sufficient flexibility to allow for
individualized sanctions, incentives, and services
suited to the individual juvenile offender; and
(4) appropriate consideration is given to public
safety and victims of crime.
(e) Discretionary Use of Sanctions.--
(1) Voluntary participation.--A State or unit of
local government may be eligible to receive a grant
under this part if--
(A) its system of graduated sanctions is
discretionary; and
(B) it demonstrates that it has promoted the
use of a system of [graduated sanctions]
graduated sanctions and incentives by taking
steps to encourage implementation of such a
system by juvenile courts.
(2) Reporting requirement if graduated sanctions not
used.--
(A) Juvenile courts.--A State or unit of
local government in which the imposition of
graduated sanctions is discretionary shall
require each juvenile court within its
jurisdiction--
(i) which has not implemented a
system of graduated sanctions, to
submit an annual report that explains
why such court did not implement
graduated sanctions; and
(ii) which has implemented a system
of graduated sanctions but has not
imposed graduated sanctions in all
cases, to submit an annual report that
explains why such court did not impose
graduated sanctions in all cases.
(B) Units of local government.--Each unit of
local government, other than a specially
qualified unit, that has 1 or more juvenile
courts that use a discretionary system of
graduated sanctions shall collect the
information reported under subparagraph (A) for
submission to the State each year.
(C) States.--Each State and specially
qualified unit that has 1 or more juvenile
courts that use a discretionary system of
graduated sanctions shall collect the
information reported under subparagraph (A) for
submission to the Attorney General each year. A
State shall also collect and submit to the
Attorney General the information collected
under subparagraph (B).
(f) Definitions.--In this section:
(1) Discretionary.--The term ``discretionary'' means
that a system of graduated sanctions is not required to
be imposed by each and every juvenile court in a State
or unit of local government.
(2) Sanctions.--The term ``sanctions'' means
tangible, proportional consequences that hold the
juvenile offender accountable for the offense
committed. A sanction may include a range of court-
approved interventions, such as counseling,
restitution, community service, a fine, a restorative
justice program, supervised probation, or confinement.
(3) Incentives.--The term ``incentives'' means
individualized, goal-oriented, and graduated responses
to a juvenile offender's compliance with court orders
and case disposition terms designed to reinforce or
modify the skills and behaviors of the juvenile
offender. An incentive may include a certificate of
achievement, a letter of recommendation, a family or
program activity, a meeting or special outing with a
community leader, a reduction in community service
hours, a reduced curfew or home-restriction, a decrease
in required court appearances, or a decrease in the
term of court-ordered supervision.
* * * * * * *
SEC. 1810. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this part, [$350,000,000 for each of fiscal years
2006 through 2009] $25,000,000 for each of fiscal years 2018
through 2022.
(b) Oversight Accountability and Administration.--
(1) In general.--Of the amount authorized to be
appropriated under section 261 of title II of the
Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5611 et seq.), there shall be available to
the Attorney General, for each of the fiscal years 2002
through 2004 (as applicable), to remain available until
expended--
(A) not more than 2 percent of that amount,
for research, evaluation, and demonstration
consistent with this part;
(B) not more than 2 percent of that amount,
for training and technical assistance; and
(C) not more than 1 percent, for
administrative costs to carry out the purposes
of this part.
(2) Oversight plan.--The Attorney General shall
establish and execute an oversight plan for monitoring
the activities of grant recipients.
(c) Tribal Set-Aside.--Of the amounts appropriated under
subsection (a), 2 percent shall be made available for programs
that receive grants under section 1801A.
SEC. 1811. GRANT ACCOUNTABILITY.
(a) Definition of Applicable Committees.--In this section,
the term ``applicable committees'' means--
(1) the Committee on the Judiciary of the Senate; and
(2) the Committee on the Judiciary of the House of
Representatives.
(b) Accountability.--All grants awarded by the Attorney
General under this part shall be subject to the following
accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, the term
``unresolved audit finding'' means a finding in
the final audit report of the Inspector General
of the Department of Justice that the audited
grantee has utilized grant funds for an
unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved
within 12 months after the date on which the
final audit report is issued.
(B) Audit.--Beginning in the first fiscal
year beginning after the date of enactment of
this section, and in each fiscal year
thereafter, the Inspector General of the
Department of Justice shall conduct audits of
recipients of grants awarded by the Attorney
General under this part to prevent waste,
fraud, and abuse of funds by grantees. The
Inspector General shall determine the
appropriate number of grantees to be audited
each year.
(C) Mandatory exclusion.--A recipient of
grant funds under this part that is found to
have an unresolved audit finding shall not be
eligible to receive grant funds under this part
during the first 2 fiscal years beginning after
the end of the 12-month period described in
subparagraph (A).
(D) Priority.--In awarding grants under this
part, the Attorney General shall give priority
to eligible applicants that did not have an
unresolved audit finding during the 3 fiscal
years before submitting an application for a
grant under this part.
(E) Reimbursement.--If an entity is awarded
grant funds under this part during the 2-
fiscal-year period during which the entity is
barred from receiving grants under subparagraph
(C), 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 fund from the grant
recipient that was erroneously awarded
grant funds.
(2) Annual certification.--Beginning in the first
fiscal year beginning after the date of enactment of
this section, the Attorney General shall submit to the
applicable committees an annual certification--
(A) indicating whether--
(i) all audits issued by the
Inspector General of the Department of
Justice under paragraph (1) have been
completed and reviewed by the
appropriate Assistant Attorney General
or Director;
(ii) all mandatory exclusions
required under paragraph (1)(C) have
been issued; and
(iii) all reimbursements required
under paragraph (1)(E) have been made;
and
(B) that includes a list of any grant
recipients excluded under paragraph (1) from
the previous year.
(c) Preventing Duplicative Grants.--
(1) In general.--Before the Attorney General awards a
grant to an applicant under this part, the Attorney
General shall compare potential grant awards with other
grants awarded under this part by the Attorney General
to determine if duplicate grant awards are awarded for
the same purpose.
(2) Report.--If the Attorney General awards duplicate
grants under this part to the same applicant for the
same purpose, the Attorney General shall submit to the
applicable committees a report that includes--
(A) a list of all duplicate grants awarded
under this part, including the total dollar
amount of any duplicate grants awarded; and
(B) the reason the Attorney General awarded
the duplicate grants.
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