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“TIFFANY JOSLYN JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM REAUTHORIZATION ACT OF 2019” mentioning the U.S. Dept. of Justice was published in the House of Representatives section on pages H1403-H1406 on Feb. 7, 2019.
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TIFFANY JOSLYN JUVENILE ACCOUNTABILITY BLOCK GRANT PROGRAM
REAUTHORIZATION ACT OF 2019
Ms. JACKSON LEE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 494) to amend the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize the Juvenile Accountability Block Grant program, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 494
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 ``Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2019''.
SEC. 2. REAUTHORIZATION OF JUVENILE ACCOUNTABILITY BLOCK
GRANT PROGRAM.
Part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.) is amended--
(1) in section 1801(b)--
(A) in paragraph (1), by striking ``graduated sanctions'' and inserting ``graduated sanctions and incentives'';
(B) in paragraph (3), by striking ``hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and'';
(C) by striking paragraphs (4) and (7), and redesignating paragraphs (5) through (17) as paragraphs (4) through (15), respectively; and
(D) in paragraph (11), as so redesignated, by striking
``research-based bullying, cyberbullying, and gang prevention programs'' and inserting ``interventions such as researched-based anti-bullying, anti-cyberbullying, and gang prevention programs, as well as mental health services and trauma-informed practices'';
(2) in section 1802--
(A) in subsection (d)(3), by inserting after
``individualized sanctions'' the following: ``, incentives,'';
(B) in subsection (e)(1)(B), by striking ``graduated sanctions'' and inserting ``graduated sanctions and incentives''; and
(C) in subsection (f)--
(i) in paragraph (2)--
(I) by inserting after ``A sanction may include'' the following: ``a range of court-approved interventions, such as''; and
(II) by inserting after ``a fine,'' the following: ``a restorative justice program,''; and
(ii) by inserting after paragraph (2) the following:
``(3) Incentives.--The term `incentives' means individualized, goal-oriented, and graduated responses to a juvenile offender's compliance with court orders and case disposition terms designed to reinforce or modify the skills and behaviors of the juvenile offender. An incentive may include a certificate of achievement, a letter of recommendation, a family or program activity, a meeting or special outing with a community leader, a reduction in community service hours, a reduced curfew or home restriction, a decrease in required court appearances, or a decrease in the term of court-ordered supervision.'';
(3) in section 1810(a), by striking ``$350,000,000 for each of fiscal years 2006 through 2009'' and inserting
``$30,000,000 for each of fiscal years 2020 through 2024''; and
(4) by adding at the end the following:
``SEC. 1811. GRANT ACCOUNTABILITY.
``(a) Definition of Applicable Committees.--In this section, the term `applicable committees' means--
``(1) the Committee on the Judiciary of the Senate; and
``(2) the Committee on the Judiciary of the House of Representatives.
``(b) Accountability.--All grants awarded by the Attorney General under this part shall be subject to the following accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved audit finding' means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the date on which the final audit report is issued.
``(B) Audit.--Beginning in the first fiscal year beginning after the date of enactment of this section, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants awarded by the Attorney General under this part to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds under this part that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this part during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this part, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this part.
``(E) Reimbursement.--If an entity is awarded grant funds under this part during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph
(C), the Attorney General shall--
``(i) deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
``(2) Annual certification.--Beginning in the first fiscal year beginning after the date of enactment of this section, the Attorney General shall submit to the applicable committees an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Inspector General of the Department of Justice under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients excluded under paragraph (1) from the previous year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a grant to an applicant under this part, the Attorney General shall compare potential grant awards with other grants awarded under this part by the Attorney General to determine if duplicate grant awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate grants under this part to the same applicant for the same purpose, the Attorney General shall submit to the applicable committees a report that includes--
``(A) a list of all duplicate grants awarded under this part, including the total dollar amount of any duplicate grants awarded; and
``(B) the reason the Attorney General awarded the duplicate grants.''.
SEC. 3. SENSE OF CONGRESS.
It is the sense of the Congress that the use of best practices is encouraged for all activities for which grants under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 may be used.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR JUVENILE
ACCOUNTABILITY BLOCK GRANT PROGRAM.
Section 1001(a)(16) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(16)) is amended to read as follows:
``(16) There are authorized to be appropriated to carry out projects under part R $30,000,000 for each of fiscal years 2020 through 2024.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from Texas (Ms. Jackson Lee) and the gentleman from Georgia (Mr. Collins) each will control 20 minutes.
The Chair recognizes the gentlewoman from Texas.
General Leave
Ms. JACKSON LEE. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentlewoman from Texas?
There was no objection.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very special bill to my heart and to my constituents and to the many, many advocates dealing with the reformation of the juvenile justice system and the importance of such.
I would like to take note of many of them, but, in particular, the National Juvenile Justice and Delinquency Prevention Council and Coalition that represent decades of work all over the Nation, organizations that recognize that the best place for our young juveniles that have had some encounter with the system is not in a detention-like jail.
I hope that as we move forward on criminal justice reform and juvenile justice reform that we can reform the places and the attitudes toward juveniles who run awry of the system all over the Nation.
This bill is named for Tiffany May Joslyn, a champion for criminal justice reform, who formerly served as deputy chief counsel of the Crime, Terrorism, Homeland Security and Investigations Subcommittee, and whose life tragically was cut short on March 5, 2016, in a car accident, which sadly also claimed the life of her brother Derrick. She was just 33 years old.
Her family loved her. Her family still remembers how much she talked about her work on the House Judiciary Committee and the Subcommittee on Crime, Terrorism, Homeland Security and Investigations that I served on at that time as the ranking member.
So passage of this bill last Congress in this body was both bitter and sweet, but I would understand that Tiffany, in the place where she is, would have been proud as she championed these causes fearlessly. This moment is for both her and for all of the millions of young people that will be helped by this bill.
We worked very hard on this bill, and it is a bipartisan bill. It has, I believe, those who have an interest in doing the very best for our Nation and for our young people.
The Tiffany Joslyn bill will help stem the epidemic of juveniles within the criminal justice system by reauthorizing the juvenile justice system and the juvenile accountability block grant program and providing funding to State and local governments for the creation of antibullying and antigang prevention programs and intervention.
It is clearly important to recognize that it is only us that can begin to reframe the old-fashioned attitudes about ``lock'em up.'' We know that there was a period of time, Mr. Speaker, when it was a shift so that schools and the education system were saying: Get the bad apples out of your classroom, not even into the principal's office or not even into the auditorium for detention.
They leaped from the classroom into the hands of law enforcement officers who then, as we have seen some of the untoward actions, had to wrestle them down or there was emotional encounters, but they went downtown, as many of us would say, to the county jail or to the detention center.
We hope that we will provide other tools to be able to intervene on behaviors by way of providing resources to some of our well-documented groups and organizations and new ones that have creative ways of intervening in a juvenile's life. How many of us have heard the story of how a pilot, a lawyer, a doctor started out their life, and then how they wound up as being contributing citizens because someone intervened. This bill is about intervention.
In addition to reauthorizing the juvenile justice programs, the Tiffany Joslyn Juvenile Accountability Block Grant, and the Bullying Prevention and Intervention Act clarifies how to address the occurrences of bullying through developmentally appropriate intervention and prevention techniques, which center on evidence-based models and best practices.
Best practices bring people together, because it doesn't matter whether you are Republican or Democrat, it brings people together, and that is best practices that rely on schools and communities rather than the involvement from law enforcement and the justice system.
What we want is to put a big red stop sign in front of the life of every juvenile that might be awry with the system, and procedures and rules to be able to find an alternative way.
H.R. 494 is designed to help both the victims and perpetrators of bullying. Research studies have shown that approximately 25 percent of school bullies will be convicted of a criminal offense in their adult years. Let's put a stop sign there. Let's not have that happen.
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We also recognize that cyberbullying has become an epidemic, particularly for young people. Their life is centered around technology. Many times they are in their home, bedroom, et cetera, only with technology, and they use that in a way--because their brains are not matured until 25 and over, they use it in a way that they don't fully comprehend how vicious, how devastating this could be to the receiver of that information, how exposing that could be to the receiver of that information.
Let's get in their lives. Let's use this legislation to do so.
It also includes provisions for gang prevention programs which will help guide our children toward socially beneficial paths. If we want our children to learn, we must be able to maintain a safe and healthy school environment.
Bullying is a massive issue in our Nation's schools. Over the years, I have worked with young children as young as 10 or 12. Some of them have organized their own antibullying organizations, looking to us to affirm them, and I hope in this legislation we will have the opportunity to do so. If we want our children to learn, that is what we must do.
The National Center for Educational Studies shows that 14 percent of 12- to 18-year-olds surveyed reported being victims of direct or indirect bullying. One out of four kids is bullied. Cyberbullying is in the midst of that. That is why I urge my colleagues to support this important legislation.
I also urge them to consider that we may have short memories on some things, but I am sure many of us can go back and remember that middle school, that early age leading up to 18 and then going off, some to college and some on, at some point, to work. We remember that indecisive moment. We remember wanting to have friends and wanting to be liked. And then we remember the alternative of those who might take advantage of that.
With that in mind, here we are with an opportunity to deal with best practices and to help our young people in the best way possible.
Mr. Speaker, I am pleased to support the ``Tiffany Joslyn Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and Intervention Act'', which we passed in the last Congress, here in the House.
This bill is named for Tiffany May Joslyn, a champion for criminal justice reform, who served as Deputy Chief Counsel of the Crime Subcommittee and whose life tragically was cut short on March 5, 2016, in a car accident, which sadly also claimed the life of her brother, Derrick. She was just 33 years old.
So passage of this bill last Congress in this body, was both bitter and sweet. Tiffany would have been proud, as she championed these causes fearlessly. This moment is for both her and for all the millions of young people that will be helped by this bill.
The Tiffany Joslyn bill will help stem the epidemic of juveniles within the criminal justice system by reauthorizing the Juvenile Accountability Block Grant program (JABG) and providing funding to state and local governments for the creation of bullying and gang prevention programs.
It also includes provisions for gang prevention programs, which will help guide our children towards socially beneficial paths.
If we want our children to learn, we must be able to maintain a safe and healthy school environment. Bullying is a massive issue in our nation's schools.
The National Center for Educational Studies reports show that 14 percent of 12- to 18-year-olds surveyed, reported being victims of direct or indirect bullying. One out of 4 kids is bullied.
This is why I urge my colleagues to support this important legislation.
It will authorize such appropriations as may be necessary, which is anticipated to be at least $30 million per year.
In addition to reauthorizing juvenile justice programs, the Tiffany Joselyn Juvenile Accountability Block Grant Reauthorization and the Bullying Prevention and Intervention Act clarifies how to address the occurrences of bullying through developmentally appropriate intervention and prevention techniques, which center on evidence-based models and best practices that rely on schools and communities rather than involvement from law enforcement and the justice system.
H.R. 494 is designed to help both the victims and perpetrators of bullying. Research studies have shown that approximately 25 percent of school bullies will be convicted of a criminal offense in their adult years.
Bullying is not just in a schoolyard anymore; it is a crisis that's taking over our nation. Gone are the days that children can come home and seek solace and escape from their bullies; technological advances have made it easy for young people to be tormented on social networks at any time from any place.
They are never out of harm's reach. This needs to end. Americans children should be protected, and no child should be persecuted for exercising their American right to be themselves.
It is time for us to come to a conclusive solution to America's bullying crisis so that we may keep all of our children safe.
My bill, H.R. 494, provides the solution that we need.
This is why I support this bill and ask my colleagues to do the same.
Mr. Speaker, I reserve the balance of my time.
Mr. COLLINS of Georgia. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 494, the Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2019. The bill reauthorizes the Justice Department's Juvenile Accountability Block Grant--JABG--program, strengthens the program to reduce youth crime, and contains vigorous accountability and oversight mechanisms to ensure taxpayer dollars are efficiently and wisely utilized.
I would like to say thank you to the sponsor of this legislation, Congresswoman Jackson Lee, for her hard work and, as she just explained in great detail, the many things about this bill that are good for us and why I would support this bill.
When young people commit crimes, it has a serious and long-lasting detrimental impact. Our children represent the promise of a bright future and the hope for continued prosperity. That means improving the juvenile justice system and reducing juvenile crimes is crucial to preserving and protecting the future of our children and our Nation.
The JABG program provides grants to States, Tribes, and localities to strengthen juvenile justice systems and reduce recidivism among offenders.
The program currently has 17 authorized purpose areas, including the implementation of graduated sanctions for juveniles; support for prosecutorial initiatives aimed at curbing drug use, violence, and gangs; accountability-based school safety initiatives; the establishment of juvenile drug courts; and bullying and cyberbullying prevention.
The JABG has a long history of bipartisan support among members of the Judiciary Committee and in Congress as a whole.
Again, I thank my colleague, Congresswoman Jackson Lee, for her hard work on this legislation, and I would encourage my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may consume.
Let me, first of all, thank the ranking member for his kind support of this legislation. I think we have been together long enough to know how important this kind of work is; and a tribute to his father, who certainly probably ran across a few juveniles in the course of his work as a law enforcement officer. So I thank the gentleman so very much.
I want to thank the chairman of the committee, Mr. Nadler, for his support of this legislation and continued work in this area.
Mr. Speaker, it is my privilege to yield such time as he may consume to the distinguished gentleman from Georgia (Mr. Johnson), the chair on the Subcommittee on Courts, Intellectual Property, and the Internet.
Mr. JOHNSON of Georgia. Mr. Speaker, today, I rise in support of H.R. 494, the Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act of 2019.
We cannot, as a nation, continue to condemn our children into the criminal justice system. African American youth are significantly more likely to be tried as adults. In 2014, although Black youth were only 14 percent of the juvenile population, they represented 52 percent of the youth tried as adults in this country.
This legislation reauthorizes important programs that ensure sentences for our young people are appropriate and not excessive, and it funds accountability-based programs to intervene when youth are most vulnerable in the system. I support this legislation, and I urge my colleagues to do the same.
Mr. COLLINS of Georgia. Mr. Speaker, I have no other additional speakers for this and would inquire of the gentlewoman from Texas if she is ready to close on this piece of legislation.
Ms. JACKSON LEE. Mr. Speaker, let me thank the gentleman.
We are inquiring, and I am just going to say it publicly. We were about to engage the ranking member, but we are inquiring to be sure that the bill is complete. Its language was, ``and Anti-Bullying and Intervention Act.'' That is what the bill has carried over a period of time, so I was trying to get a ruling about that addition to the title.
Mr. COLLINS of Georgia. Is it my understanding the gentlewoman is asking for a correction to the short title? Is that what we are looking for?
Ms. JACKSON LEE. That is clearly what we are trying to do. If I might engage the gentleman in a dialogue: it reads, ``the Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act,'' and it has always read, over the years, ``and Anti-Bullying and Intervention Act.'' It is in my text here, ``and the Bullying Prevention and Intervention Act.''
Mr. COLLINS of Georgia. I see the gentlewoman's concern here on lines 4, 5, and 6 of the bill. I mean, are we awaiting a ruling from----
Ms. JACKSON LEE. We are awaiting a ruling, and may have to--but I at least want to get it on the Record. You see what I am saying?
Mr. COLLINS of Georgia. I understand.
Ms. JACKSON LEE. And that is the name that has been carried over the years that we have had----
Mr. COLLINS of Georgia. Look, personally, from my perspective, to continue our colloquy here, I have no problem with the name. I think it was probably an oversight in drafting from a previous time.
Ms. JACKSON LEE. I believe so.
Mr. COLLINS of Georgia. But I am not sure how we would do it at this point, unless we could agree.
Parliamentary Inquiries
Mr. COLLINS of Georgia. Mr. Speaker, parliamentary inquiry.
The SPEAKER pro tempore. The gentleman will state his parliamentary inquiry.
Mr. COLLINS of Georgia. From an inquiry position, is it possible here that we could unanimous consent a change to this title?
The SPEAKER pro tempore. The gentlewoman may withdraw her pending motion and re-offer the motion with the amended text.
Mr. COLLINS of Georgia. Mr. Speaker, continuing my parliamentary inquiry, could it also be a possibility for the gentlewoman to understand that this is the intent, and we have this into the Record; that if she was to move ahead with this, that I am sure this will be probably well-respected and well-founded in the Senate; that we could make the change in the Senate and have it back over for us so that we could make this, and not hold up the further proceedings today?
The SPEAKER pro tempore. That is not a proper parliamentary inquiry.
Mr. COLLINS of Georgia. Well, it is a proper question.
Ms. JACKSON LEE. Mr. Speaker, if I might, I assume I can proceed.
The SPEAKER pro tempore. The gentlewoman from Texas is recognized.
Ms. JACKSON LEE. First of all, I want to thank the ranking member for his courtesies, and thank the committees for their courtesies.
I would not desire to not move forward H.R. 494. So any motion for amending at this time, I would like unanimous consent to withdraw and to emphasize what the bill is in my debate.
The SPEAKER pro tempore. Does the gentlewoman seek to withdraw the pending motion?
Ms. JACKSON LEE. I seek to not withdraw H.R. 494, just any request for editing the legislation.
Mr. COLLINS of Georgia. Will the gentlewoman yield?
Ms. JACKSON LEE. I yield to the gentleman.
Mr. COLLINS of Georgia. If I hear the gentlewoman correctly, what she is asking is continuing as we were 5 minutes ago into this process and continuing on. Is that the gentlewoman's intention?
Ms. JACKSON LEE. That is my desire at this time.
Mr. Speaker, I have no further speakers. Does the gentleman?
Mr. COLLINS of Georgia. No, I do not.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may consume.
So I will close at this time asking for support of this legislation. But as I do so, I cannot help but thank--I think we have had----
The SPEAKER pro tempore. The gentlewoman from Texas will suspend.
The gentleman from Georgia is recognized to close debate on his side, and then the gentlewoman will close.
The gentleman from Georgia is recognized.
Mr. COLLINS of Georgia. Mr. Speaker, obviously, the gentlewoman from Texas has ultimate passion on this bill and I would not say anything except that we support this legislation. We look forward to moving it. I am sure that she will be able to make any changes she needs to.
Mr. Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may consume.
I thank the gentleman from Georgia for engaging in the colloquy on this important issue, and I think we have created a record that indicates that this bill is the Tiffany Joslyn Juvenile Accountability Block Grant Program Reauthorization Act, and it does cover bullying prevention and intervention, and we will move forward with that understanding and recognize the importance of those elements of the bill.
I want to just take a moment in my closing to acknowledge again the National Juvenile Justice and Delinquency Prevention Coalition and to indicate their support for a bill that has gone unfunded now for 6 years, and to indicate in their letter that H.R. 494 updates the JABG to reflect current research and practices; incentivizes States to use graduated sanctions and incentives grounded in positive youth development; enhanced antibullying measures, gang prevention programs, and additional youth violence prevention and intervention services. It also updates the JABG to include evidence-based practices such as trauma-informed practices and mental healthcare.
I am excited about this legislation. And I close by saying bullying is not just a schoolyard action anymore; it is a crisis that is taking over our Nation.
Gone are the days that children can come home and seek solace and escape from their bullies. Technological advances have made it easy for young people to be tormented on social networks at any time from any place. They are never out of harm's reach.
This needs to end. American children should be protected, and no child should be persecuted for existing or exercising their American right to just be themselves. It is time for us to come to a conclusive solution to America's bullying crisis so that we may keep all of our children safe. I think we are on the right path by passing H.R. 494 and moving it to the Senate. That is why I support this bill and ask my colleagues to do the same.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentlewoman from Texas (Ms. Jackson Lee) that the House suspend the rules and pass the bill, H.R. 494, as amended.
The question was taken; and (two-thirds being in the affirmative) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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