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[House Report 114-890]
[From the U.S. Government Publishing Office]

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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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