An act to reauthorize and improve the Juvenile Justice and Delinquency Prevention Act of 1974, and for other purposes
PL 115-385 (H.R.6964), enacted 12/21/2018

132 STAT. 5123 
PUBLIC LAW 115–385—DEC. 21, 2018 
Public Law 115–385 
115th Congress 
An Act 
To reauthorize and improve the Juvenile Justice and Delinquency Prevention Act 
of 1974, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Juvenile Justice Reform Act 
of 2018’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
Sec. 3. Application of amendments. 
TITLE I—DECLARATION OF PURPOSE AND DEFINITIONS 
Sec. 101. Purposes. 
Sec. 102. Definitions. 
TITLE II—CHARLES GRASSLEY JUVENILE JUSTICE AND DELINQUENCY 
PREVENTION PROGRAM 
Sec. 201. Concentration of Federal efforts. 
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention. 
Sec. 203. Annual report. 
Sec. 204. Allocation of funds. 
Sec. 205. State plans. 
Sec. 206. Repeal of juvenile delinquency prevention block grant program. 
Sec. 207. Research and evaluation; statistical analyses; information dissemination. 
Sec. 208. Training and technical assistance. 
Sec. 209. Administrative authority. 
TITLE III—INCENTIVE GRANTS FOR PRISON REDUCTION THROUGH OP-
PORTUNITIES, MENTORING, INTERVENTION, SUPPORT, AND EDUCATION 
Sec. 301. Short Title. 
Sec. 302. Definitions. 
Sec. 303. Duties and functions of the administrator. 
Sec. 304. Grants for delinquency prevention programs. 
Sec. 305. Grants for tribal delinquency prevention and response programs. 
Sec. 306. Evaluation by Government Accountability Office. 
Sec. 307. Technical amendment. 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Evaluation by Government Accountability Office. 
Sec. 402. Authorization of appropriations; accountability and oversight. 
SEC. 3. APPLICATION OF AMENDMENTS. 
The amendments made by this Act shall not apply with respect 
to funds appropriated for any fiscal year that begins before the 
date of the enactment of this Act. 
34 USC 11102 
note. 
Juvenile Justice 
Reform Act 
of 2018. 
34 USC 10101 
note. 
Dec. 21, 2018 
[H.R. 6964] 
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132 STAT. 5124 
PUBLIC LAW 115–385—DEC. 21, 2018 
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 dissemina-
tion of current and relevant information on effective and evi-
dence-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 treat-
ment, family services, and services for children exposed to 
violence) that are trauma informed, reflect the science of adoles-
cent 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 subpara-
graph (C); 
(2) in paragraph (18)— 
(A) by inserting ‘‘for purposes of title II,’’ before ‘‘the 
term’’; and 
(B) by adding at the end the following: 
‘‘that has a law enforcement function, as determined by the 
Secretary of the Interior in consultation with the Attorney 
General;’’; 
(3) by amending paragraph (22) to read as follows: 
‘‘(22) the term ‘jail or lockup for adults’ means a secure 
facility that is used by a State, unit of local government, or 
law enforcement authority to detain or confine adult inmates;’’; 
(4) by amending paragraph (25) to read as follows: 
‘‘(25) the term ‘sight or sound contact’ means any physical, 
clear visual, or verbal contact that is not brief and inadvertent;’’; 
(5) by amending paragraph (26) to read as follows: 
‘‘(26) the term ‘adult inmate’— 
‘‘(A) means an individual who— 
‘‘(i) has reached the age of full criminal responsi-
bility under applicable State law; and 
Determination. 
Consultation. 
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132 STAT. 5125 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 super-
vision, 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 profes-
sional; 
‘‘(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 jus-
tice, including a detailed description of the outcomes pro-
duced 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— 
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132 STAT. 5126 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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, psycho-
logical, 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 juve-
nile 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 imple-
mented to provide reasonable assurance regarding the achieve-
ment 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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132 STAT. 5127 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(C) compliance with applicable laws and regulations, 
as well as recommendations of the Office of Inspector Gen-
eral and the Government Accountability Office; and 
‘‘(45) the term ‘tribal government’ means the governing 
body of an Indian Tribe.’’. 
TITLE II—CHARLES GRASSLEY JUVE-
NILE 
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 pro-
grams and juvenile justice interventions on adoles-
cents, and shall implement’’; and 
(ii) by striking ‘‘research, and improvement of the 
juvenile justice system in the United States’’ and 
inserting ‘‘and research’’; and 
(B) in paragraph (2)(B), by striking ‘‘Federal Register’’ 
and all that follows and inserting ‘‘Federal Register during 
the 30-day period ending on October 1 of each year.’’; 
and 
(2) in subsection (b)— 
(A) by striking paragraph (7); 
(B) by redesignating paragraphs (5) and (6) as para-
graphs (6) and (7), respectively; 
(C) by inserting after paragraph (4), the following: 
‘‘(5) not later than 1 year after the date of enactment 
of the Juvenile Justice Reform Act of 2018, in consultation 
with Indian Tribes, develop a policy for the Office of Juvenile 
Justice and Delinquency Prevention to collaborate with rep-
resentatives 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 compli-
ance.’’. 
Deadline. 
Consultation. 
Policy. 
Time period. 
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132 STAT. 5128 
PUBLIC LAW 115–385—DEC. 21, 2018 
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELIN-
QUENCY PREVENTION. 
Section 206 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (34 U.S.C. 11116) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘the Assistant Secretary for Mental 
Health and Substance Use, the Secretary of the 
Interior,’’ after ‘‘the Secretary of Health and Human 
Services,’’; and 
(ii) by striking ‘‘Commissioner of Immigration and 
Naturalization’’ and inserting ‘‘Assistant Secretary for 
Immigration and Customs Enforcement’’; and 
(B) in paragraph (2), by striking ‘‘United States’’ and 
inserting ‘‘Federal Government’’; and 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘paragraphs (12)(A), 
(13), and (14) of section 223(a) of this title’’ and inserting 
‘‘the core requirements’’; and 
(B) in paragraph (2)— 
(i) in the matter preceding subparagraph (A), by 
inserting ‘‘, on an annual basis’’ after ‘‘collectively’’; 
and 
(ii) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) not later than 120 days after the completion of 
the last meeting of the Council during any fiscal year, 
submit to the Committee on Education and the Workforce 
of the House of Representatives and the Committee on 
the Judiciary of the Senate a report that— 
‘‘(i) contains the recommendations described in 
subparagraph (A); 
‘‘(ii) includes a detailed account of the activities 
conducted by the Council during the fiscal year, 
including a complete detailed accounting of expenses 
incurred by the Council to conduct operations in accord-
ance with this section; 
‘‘(iii) is published on the websites of the Office 
of Juvenile Justice and Delinquency Prevention, the 
Council, and the Department of Justice; and 
‘‘(iv) is in addition to the annual report required 
under section 207.’’. 
SEC. 203. ANNUAL REPORT. 
Section 207 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (34 U.S.C. 11117) is amended— 
(1) in the matter preceding paragraph (1), by striking ‘‘a 
fiscal year’’ and inserting ‘‘each fiscal year’’; 
(2) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘and gender’’ and 
inserting ‘‘, gender, and ethnicity, as such term is defined 
by the Bureau of the Census,’’; 
(B) in subparagraph (E), by striking ‘‘and’’ at the end; 
(C) in subparagraph (F)— 
(i) by inserting ‘‘and other’’ before ‘‘disabilities,’’; 
and 
Web posting. 
Recommenda- 
tions. 
Deadline. 
Reports. 
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132 STAT. 5129 
PUBLIC LAW 115–385—DEC. 21, 2018 
(ii) by striking the period at the end and inserting 
a semicolon; and 
(D) by adding at the end the following: 
‘‘(G) a summary of data from 1 month of the applicable 
fiscal year of the use of restraints and isolation upon juve-
niles held in the custody of secure detention and correc-
tional facilities operated by a State or unit of local govern-
ment; 
‘‘(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 col-
lected and reported by the Department of Education or 
similar State educational agency; and 
‘‘(K) the number of juveniles in the custody of secure 
detention and correctional facilities operated by a State 
or unit of local or tribal government who report being 
pregnant.’’; and 
(3) by adding at the end the following: 
‘‘(5) A description of the criteria used to determine what 
programs qualify as evidence-based and promising programs 
under this title and title V and a comprehensive list of those 
programs the Administrator has determined meet such criteria 
in both rural and urban areas. 
‘‘(6) A description of funding provided to Indian Tribes 
under this Act or for a juvenile delinquency or prevention 
program under the Tribal Law and Order Act of 2010 (Public 
Law 111–211; 124 Stat. 2261), including direct Federal grants 
and funding provided to Indian Tribes through a State or 
unit of local government. 
‘‘(7) An analysis and evaluation of the internal controls 
at the Office of Juvenile Justice and Delinquency Prevention 
to determine if grantees are following the requirements of the 
Office of Juvenile Justice and Delinquency Prevention grant 
programs and what remedial action the Office of Juvenile Jus-
tice 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 pro-
vided for cost reports; 
‘‘(B) where unauthorized expenditures occurred; or 
‘‘(C) where subrecipients of grant funds were not 
compliant with program requirements. 
‘‘(8) An analysis and evaluation of the total amount of 
payments made to grantees that the Office of Juvenile Justice 
and Delinquency Prevention recouped from grantees that were 
found to be in violation of policies and procedures of the Office 
of Juvenile Justice and Delinquency Prevention grant programs, 
including— 
‘‘(A) the full name and location of the grantee; 
‘‘(B) the violation of the program found; 
Analysis. 
Evaluation. 
Analysis. 
Evaluation. 
Criteria. 
Lists. 
Summary. 
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132 STAT. 5130 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 Juve-
nile Justice and Delinquency Prevention.’’. 
SEC. 204. ALLOCATION OF FUNDS. 
(a) TECHNICAL ASSISTANCE.—Section 221(b)(1) of the Juvenile 
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 
11131(b)(1)) is amended by striking ‘‘2 percent’’ and inserting ‘‘5 
percent’’. 
(b) OTHER ALLOCATIONS.—Section 222 of the Juvenile Justice 
and Delinquency Prevention Act of 1974 (34 U.S.C. 11132) is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘age eighteen’’ and 
inserting ‘‘18 years of age, based on the most recent data 
available from the Bureau of the Census’’; and 
(B) by striking paragraphs (2) and (3) and inserting 
the following: 
‘‘(2)(A) If the aggregate amount appropriated for a fiscal year 
to carry out this title is less than $75,000,000, then— 
‘‘(i) the amount allocated to each State other than a State 
described in clause (ii) for that fiscal year shall be not less 
than $400,000; and 
‘‘(ii) the amount allocated to the United States Virgin 
Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands for that fiscal year shall be 
not less than $75,000. 
‘‘(B) If the aggregate amount appropriated for a fiscal year 
to carry out this title is not less than $75,000,000, then— 
‘‘(i) the amount allocated to each State other than a State 
described in clause (ii) for that fiscal year shall be not less 
than $600,000; and 
‘‘(ii) the amount allocated to the United States Virgin 
Islands, Guam, American Samoa, and the Commonwealth of 
the Northern Mariana Islands for that fiscal year shall be 
not less than $100,000.’’; 
(2) in subsection (c), by striking ‘‘efficient administration, 
including monitoring, evaluation, and one full-time staff posi-
tion’’ 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: 
Coordination. 
Certification. 
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132 STAT. 5131 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘SHORT TITLE 
‘‘SEC. 220. This part may be cited as the ‘Charles Grassley 
Juvenile Justice and Delinquency Prevention Program’.’’. 
SEC. 205. STATE PLANS. 
Section 223 of the Juvenile Justice and Delinquency Prevention 
Act of 1974 (34 U.S.C. 11133) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘and shall describe the status of compliance with State 
plan requirements.’’ and inserting ‘‘and shall describe how 
the State plan is supported by or takes account of scientific 
knowledge regarding adolescent development and behavior 
and regarding the effects of delinquency prevention pro-
grams and juvenile justice interventions on adolescents. 
Not later than 60 days after the date on which a plan 
or amended plan submitted under this subsection is final-
ized, 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 execu-
tive 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 ‘‘rep-
resentatives 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, particu-
larly the needs of youth who experience dispropor-
tionate levels of sexual abuse, exploitation, and 
Deadline. 
Public 
information. 
Web posting. 
34 USC 10101 
note. 
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132 STAT. 5132 
PUBLIC LAW 115–385—DEC. 21, 2018 
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 indi-
vidual 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 fea-
sible 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; 
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132 STAT. 5133 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(v) a plan to reduce the number of children housed 
in secure detention and corrections facilities who are 
awaiting placement in residential treatment programs; 
‘‘(vi) a plan to engage family members, where 
appropriate, in the design and delivery of juvenile 
delinquency 
prevention 
and 
treatment 
services, 
particularly post-placement; 
‘‘(vii) a plan to use community-based services to 
respond to the needs of at-risk youth or youth who 
have come into contact with the juvenile justice system; 
‘‘(viii) a plan to promote evidence-based and 
trauma-informed programs and practices; and 
‘‘(ix) not later than 1 year after the date of enact-
ment 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 Jus-
tice Reform Act of 2018, to— 
‘‘(I) eliminate the use of restraints of known 
pregnant juveniles housed in secure juvenile deten-
tion and correction facilities, during labor, delivery, 
and post-partum recovery, unless credible, reason-
able 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 preg-
nant 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 cred-
ible 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)— 
Deadlines. 
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132 STAT. 5134 
PUBLIC LAW 115–385—DEC. 21, 2018 
(I) by striking ‘‘parents and other family mem-
bers’’ 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 semi-
colon; 
(v) in subparagraph (F), in the matter preceding 
clause (i), by striking ‘‘expanding’’ and inserting ‘‘pro-
grams to expand’’; 
(vi) by redesignating subparagraphs (G) through 
(S) as subparagraphs (H) through (T), respectively; 
(vii) by inserting after subparagraph (F), the fol-
lowing: 
‘‘(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 recidi-
vism’’ 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’’; 
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132 STAT. 5135 
PUBLIC LAW 115–385—DEC. 21, 2018 
(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 fol-
lowing: 
‘‘(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 require-
ments and providing training and technical assistance on 
the core requirements to secure facilities;’’; 
(H) by striking paragraph (11) and inserting the fol-
lowing: 
‘‘(11)(A) in accordance with rules issued by the Adminis-
trator, 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 com-
mitted 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 com-
mitted a violation of a valid court order issued and 
reviewed in accordance with paragraph (23); and 
‘‘(III) a juvenile who is held in accordance with 
the Interstate Compact on Juveniles as enacted by 
the State; or 
‘‘(ii) the juvenile— 
‘‘(I) is not charged with any offense; and 
‘‘(II)(aa) is an alien; or 
‘‘(bb) is alleged to be dependent, neglected, or 
abused; and 
‘‘(B) require that— 
‘‘(i) not later than 3 years after the date of enactment 
of the Juvenile Justice Reform Act of 2018, unless a court 
finds, after a hearing and in writing, that it is in the 
interest of justice, juveniles awaiting trial or other legal 
process who are treated as adults for purposes of prosecu-
tion in criminal court and housed in a secure facility— 
‘‘(I) shall not have sight or sound contact with 
adult inmates; and 
Deadline. 
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132 STAT. 5136 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 juve-
nile; 
‘‘(III) the present mental state of the juvenile, 
including whether the juvenile presents an imminent 
risk of harm to the juvenile; 
‘‘(IV) the nature and circumstances of the alleged 
offense; 
‘‘(V) the juvenile’s history of prior delinquent acts; 
‘‘(VI) the relative ability of the available adult 
and juvenile detention facilities to not only meet the 
specific needs of the juvenile but also to protect the 
safety of the public as well as other detained youth; 
and 
‘‘(VII) any other relevant factor; and 
‘‘(iii) if a court determines under clause (i) that it 
is in the interest of justice to permit a juvenile to be 
held in any jail or lockup for adults— 
‘‘(I) the court shall hold a hearing not less fre-
quently 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 Adminis-
trator,’’; 
(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: 
Determinations. 
Time periods. 
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132 STAT. 5137 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(15) implement policy, practice, and system improvement 
strategies at the State, territorial, local, and tribal levels, as 
applicable, to identify and reduce racial and ethnic disparities 
among youth who come into contact with the juvenile justice 
system, without establishing or requiring numerical standards 
or quotas, by— 
‘‘(A) establishing or designating existing coordinating 
bodies, composed of juvenile justice stakeholders, (including 
representatives of the educational system) at the State, 
local, or tribal levels, to advise efforts by States, units 
of local government, and Indian Tribes to reduce racial 
and ethnic disparities; 
‘‘(B) identifying and analyzing data on race and eth-
nicity at decision points in State, local, or tribal juvenile 
justice systems to determine which such points create racial 
and ethnic disparities among youth who come into contact 
with the juvenile justice system; and 
‘‘(C) developing and implementing a work plan that 
includes measurable objectives for policy, practice, or other 
system changes, based on the needs identified in the data 
collection and analysis under subparagraph (B);’’; 
(P) in paragraph (16), as so redesignated, by inserting 
‘‘ethnicity,’’ after ‘‘race,’’; 
(Q) in paragraph (21), as so redesignated, by striking 
‘‘local,’’ each place the term appears and inserting ‘‘local, 
tribal,’’; 
(R) in paragraph (23)— 
(i) in subparagraphs (A), (B), and (C), by striking 
‘‘juvenile’’ each place it appears and inserting ‘‘status 
offender’’; 
(ii) in subparagraph (B), by striking ‘‘and’’ at the 
end; 
(iii) in subparagraph (C)— 
(I) in clause (i), by striking ‘‘and’’ at the end; 
(II) in clause (ii), by adding ‘‘and’’ at the end; 
and 
(III) by adding at the end the following: 
‘‘(iii) if such court determines the status offender 
should be placed in a secure detention facility or correc-
tional 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 deter-
mining that there is reasonable cause to 
believe that the status offender has violated 
such order; 
‘‘(cc) includes findings of fact to support 
a determination that there is no appropriate 
less restrictive alternative available to placing 
the status offender in such a facility, with 
due consideration to the best interest of the 
juvenile; 
‘‘(dd) specifies the length of time, not to 
exceed 7 days, that the status offender may 
Time period. 
Determination. 
Plan. 
Data analysis. 
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132 STAT. 5138 
PUBLIC LAW 115–385—DEC. 21, 2018 
remain in a secure detention facility or correc-
tional 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 subse-
quent order described in subclause (I) relating to 
a status offender unless the status offender vio-
lates a valid court order after the date on which 
the court issues an order described in subclause 
(I); and’’; and 
(iv) by adding at the end the following: 
‘‘(D) there are procedures in place to ensure that any 
status offender held in a secure detention facility or correc-
tional 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 confiden-
tiality concerns,’’ after ‘‘maximum extent practicable,’’; 
and 
(ii) by striking the semicolon at the end and 
inserting the following: ‘‘, so as to provide for— 
‘‘(A) data in child abuse or neglect reports relating 
to juveniles entering the juvenile justice system with a 
prior reported history of arrest, court intake, probation 
and parole, juvenile detention, and corrections; and 
‘‘(B) a plan to use the data described in subparagraph 
(A) to provide necessary services for the treatment of such 
victims of child abuse or neglect;’’; 
(T) in paragraph (27), as so redesignated, by striking 
the period at the end and inserting a semicolon; and 
(U) by adding at the end the following: 
‘‘(28) provide for the coordinated use of funds provided 
under this title with other Federal and State funds directed 
at juvenile delinquency prevention and intervention programs; 
‘‘(29) describe the policies, procedures, and training in effect 
for the staff of juvenile State correctional facilities to eliminate 
the use of dangerous practices, unreasonable restraints, and 
unreasonable isolation, including by developing effective 
behavior management techniques; 
‘‘(30) describe— 
‘‘(A) the evidence-based methods that will be used to 
conduct mental health and substance abuse screening, 
assessment, referral, and treatment for juveniles who— 
‘‘(i) request a screening; 
‘‘(ii) show signs of needing a screening; or 
‘‘(iii) are held for a period of more than 24 hours 
in a secure facility that provides for an initial 
screening; and 
‘‘(B) how the State will seek, to the extent practicable, 
to provide or arrange for mental health and substance 
abuse disorder treatment for juveniles determined to be 
in need of such treatment; 
‘‘(31) describe how reentry planning by the State for juve-
niles will include— 
Plan. 
Data. 
Time period. 
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132 STAT. 5139 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 edu-
cational 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 cus-
tody, 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 prac-
ticable.’’; 
(2) by amending subsection (c) to read as follows: 
‘‘(c)(1) If a State fails to comply with any of the core require-
ments 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 compli-
ance with any such core requirement with respect to which 
the State is in noncompliance; or 
‘‘(ii) the Administrator determines that the State— 
‘‘(I) has achieved substantial compliance with such 
applicable requirements with respect to which the 
State was not in compliance; and 
‘‘(II) has made, through appropriate executive or 
legislative action, an unequivocal commitment to 
Determination. 
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132 STAT. 5140 
PUBLIC LAW 115–385—DEC. 21, 2018 
achieving full compliance with such applicable require-
ments 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 tech-
nical assistance to States for the purpose of promoting compli-
ance with the core requirements.’’; 
(3) in subsection (d)— 
(A) by striking ‘‘described in paragraphs (11), (12), 
(13), and (22) of subsection (a)’’ and inserting ‘‘described 
in the core requirements’’; and 
(B) by striking ‘‘the requirements under paragraphs 
(11), (12), (13), and (22) of subsection (a)’’ and inserting 
‘‘the core requirements’’; 
(4) in subsection (f)(2)— 
(A) by striking subparagraph (A); and 
(B) by redesignating subparagraphs (B) through (E) 
as subparagraphs (A) through (D), respectively; and 
(5) by adding at the end the following: 
‘‘(g) COMPLIANCE DETERMINATION.— 
‘‘(1) IN GENERAL.—For each fiscal year, the Administrator 
shall make a determination regarding whether each State 
receiving a grant under this title is in compliance or out of 
compliance with respect to each of the core requirements. 
‘‘(2) REPORTING.—The Administrator shall— 
‘‘(A) issue an annual public report— 
‘‘(i) describing any determination described in 
paragraph (1) made during the previous year, including 
a summary of the information on which the determina-
tion is based and the actions to be taken by the 
Administrator (including a description of any reduction 
imposed under subsection (c)); and 
‘‘(ii) for any such determination that a State is 
out of compliance with any of the core requirements, 
describing the basis for the determination; and 
‘‘(B) make the report described in subparagraph (A) 
available on a publicly available website. 
‘‘(3) DETERMINATIONS REQUIRED.—The Administrator may 
not— 
‘‘(A) determine that a State is ‘not out of compliance’, 
or issue any other determination not described in para-
graph (1), with respect to any core requirement; or 
‘‘(B) otherwise fail to make the compliance determina-
tions 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— 
Web posting. 
Summary. 
Public 
information. 
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132 STAT. 5141 
PUBLIC LAW 115–385—DEC. 21, 2018 
(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 fol-
lowing: 
‘‘(ix) training efforts and reforms that have produced 
reductions in or elimination of the use of dangerous prac-
tices; 
‘‘(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 alter-
native 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 para-
graph, the’’ and inserting ‘‘date of enactment of 
the Juvenile Justice Reform Act of 2018, the’’; 
and 
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132 STAT. 5142 
PUBLIC LAW 115–385—DEC. 21, 2018 
(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 plan-
ning; and 
‘‘(I) an assessment of living arrangements for juveniles 
who, upon release from confinement in a State correctional 
facility, cannot return to the residence they occupied prior 
to such confinement.’’; 
(2) in subsection (b), in the matter preceding paragraph 
(1), by striking ‘‘may’’ and inserting ‘‘shall’’; and 
(3) by adding at the end the following: 
‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Administrator, in 
accordance with applicable confidentiality requirements and in con-
sultation with experts in the field of juvenile justice research, 
recidivism, and data collection, shall— 
‘‘(1) establish a uniform method of data collection and tech-
nology that States may use to evaluate data on juvenile recidi-
vism on an annual basis; 
‘‘(2) establish a common national juvenile recidivism 
measurement system; and 
‘‘(3) make cumulative juvenile recidivism data that is col-
lected 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 evi-
dence-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)— 
Public 
information. 
Consultation. 
Data. 
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PUBLIC LAW 115–385—DEC. 21, 2018 
(i) by inserting ‘‘shall’’ before ‘‘develop and imple-
ment 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 amend-
ments 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 demonstra-
tion projects intended to develop and replicate best practices 
for achieving sight and sound separation in facilities or portions 
of facilities that are open and available to the general public 
and that may or may not contain a jail or a lock-up; and 
‘‘(4) shall provide technical assistance to States in support 
of efforts to establish partnerships between a State and a 
university, institution of higher education, or research center 
designed to improve the recruitment, selection, training, and 
retention of professional personnel in the fields of medicine, 
law enforcement, the judiciary, juvenile justice, social work 
and child protection, education, and other relevant fields who 
are engaged in, or intend to work in, the field of prevention, 
identification, and treatment of delinquency.’’; 
(3) in subsection (c)— 
(A) by inserting ‘‘prosecutors,’’ after ‘‘public defenders,’’; 
and 
(B) by inserting ‘‘status offenders and’’ after ‘‘needs 
of’’; and 
(4) by adding at the end the following: 
‘‘(d) BEST PRACTICES REGARDING LEGAL REPRESENTATION OF 
CHILDREN.—In consultation with experts in the field of juvenile 
defense, the Administrator shall— 
‘‘(1) share best practices that may include sharing stand-
ards of practice developed by recognized entities in the profes-
sion, 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 
Consultation. 
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PUBLIC LAW 115–385—DEC. 21, 2018 
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 tech-
niques 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 appro-
priate 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 JUVE-
NILE COURT JUDGES
AND PERSONNEL.—The Attorney General, 
acting through the Office of Juvenile Justice and Delinquency 
Prevention and the Office of Justice Programs in consultation with 
entities in the profession, shall provide directly, or through grants 
or contracts, training and technical assistance to enhance the 
capacity of State and local courts, judges, and related judicial per-
sonnel 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 INCARCER-
ATED JUVENILES.—The Attorney General, in consultation with the 
Secretary of Agriculture, shall provide guidance to States relating 
to existing options for school food authorities in the States to 
apply for reimbursement for free or reduced price lunches under 
the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 
et seq.) for juveniles who are incarcerated and would, if not incarcer-
ated, be eligible for free or reduced price lunches under that Act.’’. 
SEC. 209. ADMINISTRATIVE AUTHORITY. 
Section 299A of the Juvenile Justice and Delinquency Preven-
tion Act of 1974 (34 U.S.C. 11182) is amended— 
(1) in subsection (d)— 
(A) by inserting ‘‘(1)’’ before ‘‘The Administrator’’; 
(B) by striking ‘‘, after appropriate consultation with 
representatives of States and units of local government,’’; 
(C) by inserting ‘‘guidance,’’ after ‘‘regulations,’’; and 
(D) by adding at the end the following: ‘‘In developing 
guidance and procedures, the Administrator shall consult 
with representatives of States and units of local govern-
ment, including those individuals responsible for adminis-
tration of this Act and compliance with the core require-
ments. 
Guidance. 
Procedures. 
Consultation. 
Consultation. 
Guidance. 
Consultation. 
Grants. 
Contracts. 
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132 STAT. 5145 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(2) The Administrator shall ensure that— 
‘‘(A) reporting, compliance reporting, State plan require-
ments, and other similar documentation as may be required 
from States is requested in a manner that respects confiden-
tiality, encourages efficiency and reduces the duplication of 
reporting efforts; and 
‘‘(B) States meeting all the core requirements are encour-
aged to experiment with offering innovative, data-driven pro-
grams 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 OP-
PORTUNITIES, 
MENTORING, 
INTER-
VENTION, SUPPORT, AND EDUCATION 
SEC. 301. SHORT TITLE. 
Section 501 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (34 U.S.C. 11101 note) is 
amended— 
(1) by inserting ‘‘Youth Promise’’ before ‘‘Grants’’; and 
(2) by striking ‘‘2002’’ and inserting ‘‘2018’’. 
SEC. 302. DEFINITIONS. 
Section 502 of the Incentive Grants for Local Delinquency 
Prevention Programs Act of 2002 (34 U.S.C. 11281) is amended 
to read as follows: 
‘‘SEC. 502. DEFINITIONS. 
‘‘In this title— 
‘‘(1) the term ‘at-risk’ has the meaning given that term 
in section 1432 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 6472); 
‘‘(2) the term ‘eligible entity’ means— 
‘‘(A) a unit of local government that is in compliance 
with the requirements of part B of title II; or 
‘‘(B) a nonprofit organization in partnership with a 
unit of local government described in subparagraph (A); 
‘‘(3) the term ‘delinquency prevention program’ means a 
delinquency prevention program that is evidence-based or prom-
ising and that may include— 
‘‘(A) alcohol and substance abuse prevention or treat-
ment 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; 
34 USC 10101 
note. 
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132 STAT. 5146 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 preg-
nant teens and teen parents; and 
‘‘(xix) pre-release, post-release, and reentry serv-
ices 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 organiza-
tions 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 para-
graph (1)(B), a representative of the nonprofit organization 
of the eligible entity; 
‘‘(5) the term ‘mentoring’ means matching 1 adult with 
1 or more youths for the purpose of providing guidance, support, 
and encouragement through regularly scheduled meetings for 
not less than 9 months; 
Time period. 
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132 STAT. 5147 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 des-
ignated 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 para-
graphs (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 PRO-
GRAMS. 
‘‘(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 enti-
ties receiving a subgrant under subsection (e) in car-
rying 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 delin-
quency. 
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132 STAT. 5148 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(3) An assurance the State entity will evaluate the capacity 
of eligible entities receiving a subgrant under subsection (e) 
to fulfill the requirements under such subsection. 
‘‘(4) An assurance that such application was prepared after 
consultation with, and participation by, the State advisory 
group, units of local government, community-based organiza-
tions, 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 sub-
section, 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 non-
profit 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 associ-
ated with successful implementation of such plan; and 
‘‘(v) describing how such savings and efficiencies 
may be used to carry out delinquency prevention pro-
grams and be reinvested in the continuing implementa-
tion 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 sub-
clause (I), for the implementation of such plan. 
Consultation. 
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132 STAT. 5149 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(ii) DIVERSITY
OF
PROJECTS.—In awarding sub-
grants 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 subse-
quent implementation of its continuum of local delinquency 
prevention programs; 
‘‘(C) the steps the eligible entity will take to implement 
the plan under subparagraph (A); and 
‘‘(D) a plan to continue the grant activity with non- 
Federal funds, if proven successful according to the 
performance evaluation process under paragraph (5)(D), 
after the grant period. 
‘‘(3) MATCHING REQUIREMENT.—An eligible entity desiring 
a subgrant under this subsection shall agree to provide a 50 
percent match of the amount of the subgrant that may include 
the value of in-kind contributions. 
‘‘(4) SUBGRANT REVIEW.— 
‘‘(A) REVIEW.—Not later than the end of the second 
year of a subgrant period for a subgrant awarded to an 
eligible entity under this subsection and before awarding 
the remaining amount of the subgrant to the eligible entity, 
the State entity shall— 
‘‘(i) ensure that the eligible entity has completed 
the plan submitted under paragraph (2) and that the 
plan meets the requirements of such paragraph; and 
‘‘(ii) verify that the eligible entity will begin the 
implementation of its plan upon receiving the next 
installment of its subgrant award. 
‘‘(B) TERMINATION.—If the State entity finds through 
the review conducted under subparagraph (A) that the 
eligible entity has not met the requirements of clause (i) 
of such subparagraph, the State entity shall reallocate 
the amount remaining on the subgrant of the eligible entity 
to other eligible entities receiving a subgrant under this 
subsection or award the amount to an eligible entity during 
the next subgrant competition under this subsection. 
‘‘(5) LOCAL USES OF FUNDS.—An eligible entity that receives 
a subgrant under this subsection shall use the funds to imple-
ment a plan to carry out delinquency prevention programs 
Verification. 
Deadline. 
Time period. 
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132 STAT. 5150 
PUBLIC LAW 115–385—DEC. 21, 2018 
in the community served by the eligible entity in a coordinated 
manner with other delinquency prevention programs or entities 
serving such community, which includes— 
‘‘(A) an analysis of the unmet needs of at-risk or delin-
quent 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 homeless-
ness, food insecurity, teen pregnancy, youth 
unemployment, family instability, lack of edu-
cational 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 adju-
dication for juveniles and the incarceration of adult 
offenders for offenses committed in such commu-
nity; and 
‘‘(II) of potential savings and efficiencies that 
may be achieved through the implementation of 
the plan; 
‘‘(B) a minimum 3-year comprehensive strategy to 
address the unmet needs and an estimate of the amount 
or percentage of non-Federal funds that are available to 
carry out the strategy; 
‘‘(C) a description of how delinquency prevention pro-
grams under the plan will be coordinated; 
‘‘(D) a description of the performance evaluation 
process of the delinquency prevention programs to be imple-
mented 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 Pro-
grams Act of 2002 (34 U.S.C. 11281 et seq.) is amended by redesig-
nating section 505 as section 506, and by inserting after section 
504 the following: 
‘‘SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND 
RESPONSE PROGRAMS. 
‘‘(a) IN GENERAL.—The Administrator shall make grants under 
this section, on a competitive basis, to eligible Indian Tribes (or 
consortia of Indian Tribes) as described in subsection (b)— 
‘‘(1) to support and enhance— 
34 USC 11314. 
42 USC 5784. 
Time period. 
Strategy. 
Estimate. 
Analysis. 
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132 STAT. 5151 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 govern-
ments with respect to preventing juvenile delinquency, and 
responding to, and caring for, juvenile offenders. 
‘‘(b) ELIGIBLE INDIAN TRIBES.—To be eligible to receive a grant 
under this section, an Indian Tribe or consortium of Indian Tribes 
shall submit to the Administrator an application in such form 
as the Administrator may require. 
‘‘(c) CONSIDERATIONS.—In providing grants under this section, 
the Administrator shall take into consideration, with respect to 
the Indian Tribe to be served, the— 
‘‘(1) juvenile delinquency rates; 
‘‘(2) school dropout rates; and 
‘‘(3) number of youth at risk of delinquency. 
‘‘(d) AVAILABILITY OF FUNDS.—Of the amount available for a 
fiscal year to carry out this title, 11 percent shall be available 
to carry out this section.’’. 
SEC. 306. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE. 
(a) EVALUATION.—Not later than 2 years after the end of the 
5th fiscal year for which funds are appropriated to carry out the 
Incentive Grants for Local Delinquency Prevention Programs Act 
of 2002, the Comptroller General of the United States shall conduct 
an evaluation of a sample of subgrantees selected by the Comp-
troller 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 sub-
section (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 dif-
ferent 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 sub-
grantees 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 preven-
tion programs; 
(4) such delinquency prevention programs replaced existing 
or planned programs or activities in the State; and 
Deadline. 
Reports. 
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132 STAT. 5152 
PUBLIC LAW 115–385—DEC. 21, 2018 
(5) the evidence-base information used to justify such delin-
quency prevention programs was used with fidelity by local 
entities in accordance with the approach used to find the evi-
dence; 
SEC. 307. TECHNICAL AMENDMENT. 
Title V of the Juvenile Justice and Delinquency Prevention 
Act of 1974 as enacted by Public Law 93–415 (88 Stat. 1133) 
(relating to miscellaneous and conforming amendments) is repealed. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE. 
(a) EVALUATION.—Not later than 1 year after the date of enact-
ment of this Act, the Comptroller General of the United States 
shall— 
(1) conduct a comprehensive analysis and evaluation 
regarding the performance of the Office of Juvenile Justice 
and Delinquency Prevention (referred to in this section as ‘‘the 
agency’’), its functions, its programs, and its grants; 
(2) conduct a comprehensive audit and evaluation of a 
selected, sample of grantees (as determined by the Comptroller 
General) that receive Federal funds under grant programs 
administered by the agency including a review of internal con-
trols (as defined in section 103 of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (34 U.S.C. 11103), as 
amended by this Act) to prevent fraud, waste, and abuse of 
funds by grantees; and 
(3) submit a report in accordance with subsection (d). 
(b) CONSIDERATIONS FOR EVALUATION.—In conducting the anal-
ysis and evaluation under subsection (a)(1), and in order to docu-
ment 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 juris-
diction and programs of other agencies; 
(4) the potential benefits of consolidating programs 
administered by the agency with similar or duplicative pro-
grams 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; 
Reports. 
Audit. 
Analysis. 
Deadline. 
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132 STAT. 5153 
PUBLIC LAW 115–385—DEC. 21, 2018 
(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 devel-
oped 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 ade-
quate 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 Presi-
dent pro tempore of the Senate; and 
(B) make the report described in subparagraph (A) 
available to the public. 
(2) CONTENTS.—The report submitted in accordance with 
paragraph (1) shall include all audit findings determined by 
the selected, statistically significant sample of grantees as 
required by subsection (a)(2) and shall include the name and 
location of any selected grantee as well as any findings required 
by subsection (a)(2). 
SEC. 402. AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY 
AND OVERSIGHT. 
(a) IN
GENERAL.—The Juvenile Justice and Delinquency 
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) is amended by 
adding at the end the following: 
34 USC 11321. 
Public 
information. 
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132 STAT. 5154 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘TITLE VI—AUTHORIZATION OF APPRO-
PRIATIONS; 
ACCOUNTABILITY 
AND 
OVERSIGHT 
‘‘SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out this 
Act, except for titles III and IV, $176,000,000 for each of fiscal 
years 2019 through 2023, of which not more than $96,053,401 
shall be used to carry out title V for each such fiscal year. 
‘‘SEC. 602. ACCOUNTABILITY AND OVERSIGHT. 
‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress that, 
in order to ensure that at-risk youth, and youth who come into 
contact with the juvenile justice system or the criminal justice 
system, are treated fairly and that the outcome of that contact 
is beneficial to the Nation— 
‘‘(1) the Department of Justice, through its Office of Juve-
nile Justice and Delinquency Prevention, must restore meaning-
ful enforcement of the core requirements in title II; and 
‘‘(2) States, which are entrusted with a fiscal stewardship 
role if they accept funds under title II must exercise vigilant 
oversight to ensure full compliance with the core requirements 
for juveniles provided for in title II. 
‘‘(b) ACCOUNTABILITY.— 
‘‘(1) AGENCY PROGRAM REVIEW.— 
‘‘(A) PROGRAMMATIC AND FINANCIAL ASSESSMENT.— 
‘‘(i) IN
GENERAL.—Not later than 60 days after 
the date of enactment of the Juvenile Justice Reform 
Act of 2018, the Director of the Office of Audit, Assess-
ment, and Management of the Office of Justice Pro-
grams at the Department of Justice (referred to in 
this section as the ‘Director’) shall— 
‘‘(I) conduct a comprehensive analysis and 
evaluation of the internal controls of the Office 
of Juvenile Justice and Delinquency Prevention 
(referred to in this section as the ‘agency’) to deter-
mine if States and Indian Tribes receiving grants 
are following the requirements of the agency grant 
programs and what remedial action the agency 
has taken to recover any grant funds that are 
expended in violation of grant programs, including 
instances where— 
‘‘(aa) supporting documentation was not 
provided for cost reports; 
‘‘(bb) unauthorized expenditures occurred; 
and 
‘‘(cc) subrecipients of grant funds were not 
in compliance with program requirements; 
‘‘(II) conduct a comprehensive audit and 
evaluation of a selected statistically significant 
sample of States and Indian Tribes (as determined 
by the Director) that have received Federal funds 
under title II, including a review of internal con-
trols to prevent fraud, waste, and abuse of funds 
by grantees; and 
Audit. 
Analysis. 
Deadline. 
Evaluations. 
34 USC 11322. 
34 USC 11321. 
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132 STAT. 5155 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(III) submit a report in accordance with 
clause (iv). 
‘‘(ii) CONSIDERATIONS FOR EVALUATIONS.—In con-
ducting 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 
rec-
ommendations 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 consider-
ation— 
‘‘(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 compli-
ance 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 Rep-
resentatives and the President pro tempore of the 
Senate; and 
‘‘(II) shall make such report available to the 
public online, not later than 1 year after the date 
of enactment of this section. 
‘‘(B) ANALYSIS OF INTERNAL CONTROLS.— 
‘‘(i) IN
GENERAL.—Not later than 30 days after 
the date of enactment of the Juvenile Justice Reform 
Act of 2018, the Administrator shall initiate a com-
prehensive analysis and evaluation of the internal con-
trols 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. 
Deadline. 
Evaluation. 
Determination. 
Web posting. 
Reports. 
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132 STAT. 5156 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(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 Depart-
ment of Justice shall annually conduct audits of grantees 
that receive funds under this Act. 
‘‘(B) ASSESSMENT.—Not later than 1 year after the 
date of enactment of the Juvenile Justice Reform Act of 
2018 and annually thereafter, the Inspector General shall 
conduct a risk assessment to determine the appropriate 
number of grantees to be audited under subparagraph (A) 
in the year involved. 
‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.—The Attorney 
General shall make the summary of each review conducted 
under this section available on the website of the Depart-
ment of Justice, subject to redaction as the Attorney Gen-
eral determines necessary to protect classified and other 
sensitive information. 
‘‘(D) MANDATORY
EXCLUSION.—A recipient of grant 
funds under this Act (excluding title IV) that is found 
to have an unresolved audit finding shall not be eligible 
to receive grant funds under this Act (excluding title IV) 
during the first 2 fiscal years beginning after the 12-month 
Time period. 
Summary. 
Deadline. 
Determination. 
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132 STAT. 5157 
PUBLIC LAW 115–385—DEC. 21, 2018 
period beginning on the date on which the audit report 
is issued. 
‘‘(E) PRIORITY.—In awarding grants under this Act 
(excluding title IV), the Administrator shall give priority 
to a State or Indian Tribe that did not have an unresolved 
audit finding during the 3 fiscal years prior to the date 
on which the State or Indian Tribe submits an application 
for a grant under this Act. 
‘‘(F) REIMBURSEMENT.—If a State or an Indian Tribe 
is awarded a grant under this Act (excluding title IV) 
during the 2-fiscal-year period in which the recipient is 
barred from receiving grants under subparagraph (D), the 
Attorney General shall— 
‘‘(i) deposit an amount equal to the amount of 
the grant funds that were improperly awarded to the 
grantee into the general fund of the Treasury; and 
‘‘(ii) seek to recoup the costs of the repayment 
to the general fund under clause (i) from the grantee 
that was erroneously awarded grant funds. 
‘‘(G) DEFINITION.—In this paragraph, the term ‘unre-
solved 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 organiza-
tion 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 com-
pensation, 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. 
Time period. 
Time period. 
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132 STAT. 5158 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(ii) PUBLIC
INSPECTION
UPON
REQUEST.—Upon 
request, the Administrator shall make the information 
disclosed under clause (i) available for public inspec-
tion. 
‘‘(4) CONFERENCE EXPENDITURES.— 
‘‘(A) LIMITATION.—No amounts authorized to be appro-
priated 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 Assist-
ant Attorney Generals, Directors, or principal deputies as 
the Deputy Attorney General may designate, provides prior 
written authorization that the funds may be expended to 
host a conference. 
‘‘(B) WRITTEN
APPROVAL.—Written approval under 
subparagraph (A) shall include a written estimate of all 
costs associated with the conference, including the cost 
of all food and beverages, audiovisual equipment, honoraria 
for speakers, and entertainment. 
‘‘(C) REPORT.—The Deputy Attorney General shall 
submit an annual report to the Committee on the Judiciary 
of the Senate and the Committee on Education and the 
Workforce of the House of Representatives on all conference 
expenditures approved under this paragraph. 
‘‘(5) PROHIBITION ON LOBBYING ACTIVITY.— 
‘‘(A) IN GENERAL.—Amounts authorized to be appro-
priated under this Act may not be utilized by any recipient 
of a grant made using such amounts— 
‘‘(i) to lobby any representative of the Department 
of Justice regarding the award of grant funding; or 
‘‘(ii) to lobby any representative of a Federal, State, 
local, or tribal government regarding the award of 
grant funding. 
‘‘(B) PENALTY.—If the Attorney General determines 
that any recipient of a grant made using amounts author-
ized to be appropriated under this Act has violated subpara-
graph (A), the Attorney General shall— 
‘‘(i) require the recipient to repay the grant in 
full; and 
‘‘(ii) prohibit the recipient to receive another grant 
under this Act for not less than 5 years. 
‘‘(C) CLARIFICATION.—For purposes of this paragraph, 
submitting an application for a grant under this Act shall 
not be considered lobbying activity in violation of subpara-
graph (A). 
‘‘(6) ANNUAL CERTIFICATION.—Beginning in the 1st fiscal 
year that begins after the effective date of this section, the 
Attorney General shall submit to the Committee on the 
Judiciary and the Committee on Appropriations of the Senate, 
and the Committee on Education and the Workforce and the 
Committee on Appropriations of the House of Representatives, 
an annual certification that— 
Effective date. 
Time period. 
Determination. 
Cost estimate. 
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132 STAT. 5159 
PUBLIC LAW 115–385—DEC. 21, 2018 
‘‘(A) all audits issued by the Inspector General of the 
Department of Justice under paragraph (2) have been com-
pleted and reviewed by the appropriate Assistant Attorney 
General or Director; 
‘‘(B) all mandatory exclusions required under para-
graph (2)(D) have been issued; 
‘‘(C) all reimbursements required under paragraph 
(2)(F)(i) have been made; and 
‘‘(D) includes a list of any grant recipients excluded 
under paragraph (2) during the then preceding fiscal year. 
‘‘(c) PREVENTING DUPLICATIVE GRANTS.— 
‘‘(1) IN GENERAL.—Before the Attorney General awards a 
grant to an applicant under this Act, the Attorney General 
shall compare potential grant awards with other grants 
awarded under this Act to determine if duplicate grant awards 
are awarded for the same purpose. 
‘‘(2) REPORT.—If the Attorney General awards duplicate 
grants to the same applicant for the same purpose the Attorney 
General shall submit to the Committee on the Judiciary of 
the Senate and the Committee on Education and the Workforce 
of the House of Representatives a report that includes— 
‘‘(A) a list of all duplicate grants awarded, including 
the total dollar amount of any duplicate grants awarded; 
and 
‘‘(B) the reason the Attorney General awarded the 
duplicative grant. 
‘‘(d) COMPLIANCE WITH AUDITING STANDARDS.—The Adminis-
trator 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’’. 
Lists. 
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132 STAT. 5160 
PUBLIC LAW 115–385—DEC. 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. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.—The Juvenile 
Justice and Delinquency Prevention Act of 1974 (34 U.S.C. 11101 
et seq.) is amended by striking— 
(1) section 299 (34 U.S.C. 11171); and 
(2) section 505. 
Approved December 21, 2018. 
42 USC 5784. 
34 USC 11181. 
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