[Federal Register Volume 64, Number 76 (Wednesday, April 21, 1999)]
[Rules and Regulations]
[Pages 19674-19677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9884]
[[Page 19673]]
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Part V
Department of Justice
_______________________________________________________________________
Office of Juvenile Justice and Delinquency Prevention
_______________________________________________________________________
28 CFR Part 31
Juvenile Accountability Incentive Block Grants; Final Rule
Federal Register / Vol. 64, No. 76 / Wednesday, April 21, 1999 /
Rules and Regulations
[[Page 19674]]
DEPARTMENT OF JUSTICE
Office of Juvenile Justice and Delinquency Prevention
28 CFR Part 31
[OJP (OJJDP)-1158]
RIN 1121-AA46
Juvenile Accountability Incentive Block Grants
AGENCY: Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention (OJJDP), Justice.
ACTION: Final rule.
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SUMMARY: This rule provides procedures under which an eligible State,
or unit of local government that receives a subgrant from the State, is
required to provide notice to the Attorney General regarding the
proposed use of funds available under the Juvenile Accountability
Incentive Block Grants (JAIBG) program. The JAIBG program is designed
to promote greater accountability in the juvenile justice system. OJJDP
has developed the ``Juvenile Accountability Incentive Block Grants
Program Guidance Manual'' to assist States and units of local
government in applying for, receiving, obligating, and expending JAIBG
funds. The manual is available on OJJDP's homepage at
www.ojjdp.ncjrs.org.
EFFECTIVE DATE: This regulation is effective April 21, 1999.
FOR FURTHER INFORMATION CONTACT: Rodney L. Albert, Deputy Director,
State Relations and Assistance Division, OJJDP, 810 7th Street, NW,
Washington, DC 20531. Phone: (202) 307-5924.
SUPPLEMENTARY INFORMATION:
A. Legislative Background
On October 14, 1998, the Office of Juvenile Justice and Delinquency
Prevention (OJJDP) published proposed regulations in the Federal
Register, at 63 FR 55069, for implementation of the JAIBG Program. The
comment period ended November 13, 1998. Comments were received from two
State agencies.
Pub. L. 105-119, November 26, 1997, Making Appropriations for the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies for the Fiscal Year Ending September 30, 1998, and for other
Purposes (1998 Appropriations Act) appropriated $250,000,000 for the
Juvenile Accountability Incentive Block Grants (JAIBG) program
described in Title III of H.R. 3, as passed by the House of
Representatives on May 8, 1997. Subsequently, Pub. L. 105-277, October
21, 1998, Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999 (1999 Appropriations Act) further appropriated
$250,000,000 to continue the JAIBG program.
B. Program Purposes
Funds are available under JAIBG in FY 1998, FY 1999, and each
subsequent fiscal year as funds are made available, for State and local
grants to support the following program purposes as set forth in
section 1801(b)(1)-(11) of H.R. 3:
(1) Building, expanding, renovating, or operating temporary or
permanent juvenile correction or detention facilities, including the
training of correctional personnel;
(2) Developing and administering accountability-based sanctions for
juvenile offenders;
(3) Hiring additional juvenile judges, probation officers, and
court-appointed defenders, and funding pre-trial services for
juveniles, to ensure the smooth and expeditious administration of the
juvenile justice system;
(4) Hiring additional prosecutors, so that more cases involving
violent juvenile offenders can be prosecuted and backlogs reduced;
(5) Providing funding to enable prosecutors to address drug, gang,
and youth violence more effectively;
(6) Providing funding for technology, equipment, and training to
assist prosecutors in identifying and expediting the prosecution of
violent juvenile offenders;
(7) Providing funding to enable juvenile courts and juvenile
probation offices to be more effective and efficient in holding
juvenile offenders accountable and reducing recidivism;
(8) The establishment of court-based juvenile justice programs that
target young firearms offenders through the establishment of juvenile
gun courts for the adjudication and prosecution of juvenile firearms
offenders;
(9) The establishment of drug court programs for juveniles so as to
provide continuing judicial supervision over juvenile offenders with
substance abuse problems and to provide the integrated administration
of other sanctions and services;
(10) Establishing and maintaining interagency information sharing
programs that enable the juvenile and criminal justice system, schools,
and social services agencies to make more informed decisions regarding
the early identification, control, supervision, and treatment of
juveniles who repeatedly commit serious delinquent or criminal acts;
(11) Establishing and maintaining accountability-based programs
that work with juvenile offenders who are referred by law enforcement
agencies, or which are designed, in cooperation with law enforcement
officials, to protect students and school personnel from drug, gang,
and youth violence; and, (12) implementing a policy of controlled
substance testing for appropriate categories of juveniles within the
juvenile justice system.
C. Application Process
Eligible applicants in FY 1998, FY 1999, and each subsequent fiscal
year as funds are made available, are States whose Governor (or other
Chief Executive Officer for the eligible jurisdictions that are not one
of the 50 States but defined as such for purposes of this program under
1808(3) of Title III of H.R. 3) certifies, consistent with guidelines
established by the Attorney General in consultation with Congress and
incorporated into OJJDP's Program Guidance Manual, that the State is
actively considering (or already has in place), or will consider within
one year from the date of such certification, legislation, policies, or
practices which, if enacted, would qualify the State for a grant under
section 1802 of H.R. 3. Specific information regarding section 1802
qualifications can be found in the JAIBG Program Guidance Manual.
The Chief Executive of each State is required to designate a State
agency to apply for, receive, and administer JAIBG funds. The
designated State agency will administer funds allocated to the State
based on relative population of people under 18 years of age, with no
more than 25% of the funds retained at the State level, absent a
waiver, and with 75% or more allocated and subgranted to units of local
government within the State. Specific information regarding ``waiver''
qualifications can be found in the JAIBG Program Guidance Manual.
JAIBG funds awarded to a State and expended at the State level or
subgranted by a State to a unit of local government, other than funds
set aside for administrative costs, may be expended only for programs
or projects under one or more of the twelve purpose areas established
by law.
D. Discussion of Comments
Comments were received from a State agency regarding issues
relevant to the underlying JAIBG statute. These comments addressed
issues involving the prosecution of juveniles in criminal court;
implementing a system of graduated sanctions for juvenile offenders
requesting that requirements of other OJJDP funded programs be tied
[[Page 19675]]
to local JAIBG grant awards; and, requesting clarification of match
requirements. These comments were beyond the scope of this rulemaking
but will be addressed in separate correspondence with the commenting
agency.
Four additional comments were received from the above State agency,
along with another State agency, that were within the scope of this
rulemaking. These comments have been considered by OJJDP in the
issuance of a final policy. The following is a summary of these
comments and the response by OJJDP:
1. Comment: There is some concern with the additional burden of
reporting to be placed on local governments and subgrantees.
Response: Use of the Follow-up Information Form to report to OJJDP
on the expenditure of JAIBG funds will not be a cumbersome process. The
form will require that the following types of information be provided
on each unit of local government receiving JAIBG funds and on funds
retained by the State for program expenditure:
1. OJJDP Award Number.
2. Award Amount.
3. Unit of local government or State agency name, address, city,
State, zip, phone.
4. Contact person.
5. Jurisdiction type, i.e. State, County, Local, Regional.
6. Juvenile Crime Enforcement Coalition (JCEC) membership.
7. Verification that a Crime Enforcement Plan was developed.
8. Program Purpose Area Distribution of Funds (dollar amount
allocated to each purpose area).
The Follow-up Information Form will be electronic and anticipated
to be accessible via the Internet, thus reducing the burden required
for the State to meet the reporting requirements. It is anticipated
that the form will be very basic in nature and should not require undue
burden to units of local government or the State agency responsible for
submission.
2. Comment: States should be afforded the authority to fund
projects without having to first seek programmatic fund drawdown
approval from OJJDP. The FY 1998 JAIBG Guidance Manual specified a two
phase implementation for States. Initially States could only access
administrative funds while access to program funds required states to
make a second submission to OJJDP. States could commit to program
compliance in the FY 1999 application and inform OJJDP of any revisions
throughout the year. This approach would align JAIBG with other
programs administered by OJJDP.
Response: States may drawdown any or all funds at any time after
the date of award. OJJDP allowed that while States were preparing for
the first year of implementation the Designated State Agency (DSA)
could drawdown administrative funds (up to 10% of the total award) up
to 180 days prior to drawing down program funds. The drawdown of
program funds starts the statutorily required 24 month grant period.
Allowing States to first drawdown administrative funds provided an
additional six months for States to prepare to administer the program.
The authority to obligate program funds through the use of the
Follow-up Information Form is similar to the submission of the Sub-
Award Report Form utilized for the OJJDP Formula Grants Program.
3. Comment: Section 31.502(b) of the proposed regulation provides
``* * * a State administering JAIBG funds must provide to OJJDP
information that demonstrates that the State, or a unit of local
government that receives JAIBG funds, has established a coordinated
enforcement plan for reducing juvenile crime, developed by a Juvenile
Crime Enforcement Coalition. The phrase ``information that
demonstrates'' is subject to interpretation. A certification or an
assurance would meet the requirement, without increasing the
documentation requirements of the States or the units of local
government.
Response: Submission of the Follow-up Information Form will satisfy
the requirements of providing information.
4. Comment: Section 31.503 of the proposed regulation provides a
mechanism for a State to report on the proposed use of funds by the
State or by a subgrantee unit of local government. A ``review'' by
OJJDP is identified. Since the proposed use of funds should be
consistent with the plan as provided in Sec. 31.502, could the Follow-
up Information Form with a planning assurance meet the planning
requirements as a single mechanism for submission to OJJDP?
Response: The review by OJJDP is only for funds retained at the
State level. It is the responsibility of the DSA to review submissions
by units of local government to determine if planning requirements have
been met and funds are budgeted for expenditures within the twelve
program purpose areas.
For funds expended at the State level, the Follow-up Information
Form will include a planning assurance and will serve as the single
mechanism for submission to OJJDP.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Office of Justice Programs has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and accordingly this rule has not
been reviewed by the Office of Management and Budget.
Executive Order 12612
This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant preparation of a Federalism
Assessment.
Regulatory Flexibility Act
The Office of Justice Programs, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by
approving it certifies that this regulation will not have a significant
economic impact upon a substantial number of small entities for the
following reasons:
(1) This rule provides the procedures under which eligible
applicants are required to provide notice regarding the proposed use of
funds available under the JAIBG program; and
(2) The award of such funds imposes no requirements on small
business or on small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not uniquely affect
small governments. Therefore, no actions were deemed necessary under
the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100,000,000 or
more; a major increase in cost or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the
[[Page 19676]]
ability of United States-based companies to compete in domestic and
export markets.
National Environmental Policy Act
This rule has been reviewed in accordance with OJP's Procedures for
Implementing the National Environmental Policy Act, 28 CFR part 61. The
Assistant Attorney General for OJP has determined that this regulation
does not constitute a major Federal action significantly affecting the
quality of the human environment, and in accordance with the National
Environmental Policy Act of 1969, Pub. L. 91-190, an Environmental
Impact Statement is not required.
Paperwork Reduction Act
The collection of information requirements contained in this
regulation have been submitted to and approved by the Office of
Management and Budget for review under the Paperwork Reduction Act of
1995 (44 U.S.C. 3504(h)).
List of Subjects in 28 CFR Part 31
Administrative practice and procedure, Grants.
For the reasons set forth in the preamble, 28 CFR part 31 is
amended as follows:
PART 31--OJJDP GRANT PROGRAMS
1. The authority citation for part 31 is revised to read as
follows:
Authority: 42 U.S.C. 5601 et seq.; Pub. L. 105-119, 111 Stat.
2440.
2. The heading for part 31 is revised as set forth above.
3. The designations ``Subpart A through Subpart E'' are removed and
the headings remain as undesignated centerheadings.
Secs. 31.1 through 31.403 and undesignated centerheadings [Designated
as Subpart A]
4. Sections 31.1 through 31.403, and the undesignated
centerheadings, are designated as subpart A and a new subpart heading
is added to read as follows:
Subpart A--Formula Grants
Sec. 31.1 [Amended]
5. Section 31.1 is amended by revising ``This part'' to read as
follows: ``This subpart''.
Sec. 31.200 [Amended]
6. Section 31.200 is amended by revising ``This part'' to read as
follows: ``This subpart''.
Sec. 31.300 [Amended]
7. Section 31.300 is amended by revising ``This part'' to read as
follows: ``This subpart''.
8. Part 31 is amended by adding new subpart B to read as follows:
Subpart B--Juvenile Accountability Incentive Block Grants
Sec.
31.500 Program purposes
31.501 Eligible applicants
31.502 Assurances and plan information
31.503 Notice of proposed use of funds
Sec. 31.500 Program purposes.
Funds are available under the Juvenile Accountability Incentive
Block Grants (JAIBG) in FY 1998, FY 1999, and each subsequent fiscal
year as funds are made available, for State and local grants to support
the following program purposes:
(a) Program purpose no. 1: Building, expanding, renovating, or
operating temporary or permanent juvenile correction or detention
facilities, including the training of correctional personnel;
(b) Program purpose no. 2: Developing and administering
accountability-based sanctions for juvenile offenders;
(c) Program purpose no. 3: Hiring additional juvenile judges,
probation officers, and court-appointed defenders, and funding pre-
trial services for juveniles, to ensure the smooth and expeditious
administration of the juvenile justice system;
(d) Program purpose no. 4: Hiring additional prosecutors, so that
more cases involving violent juvenile offenders can be prosecuted and
backlogs reduced;
(e) Program purpose no. 5: Providing funding to enable prosecutors
to address drug, gang, and youth violence more effectively;
(f) Program purpose no. 6: Providing funding for technology,
equipment, and training to assist prosecutors in identifying and
expediting the prosecution of violent juvenile offenders;
(g) Program purpose no. 7: Providing funding to enable juvenile
courts and juvenile probation offices to be more effective and
efficient in holding juvenile offenders accountable and reducing
recidivism;
(h) Program purpose no. 8: The establishment of court-based
juvenile justice programs that target young firearms offenders through
the establishment of juvenile gun courts for the adjudication and
prosecution of juvenile firearms offenders;
(i) Program purpose no. 9: The establishment of drug court programs
for juveniles so as to provide continuing judicial supervision over
juvenile offenders with substance abuse problems and to provide the
integrated administration of other sanctions and services;
(j) Program purpose no. 10: Establishing and maintaining
interagency information sharing programs that enable the juvenile and
criminal justice system, schools, and social services agencies to make
more informed decisions regarding the early identification, control,
supervision, and treatment of juveniles who repeatedly commit serious
delinquent or criminal acts;
(k) Program purpose no. 11: Establishing and maintaining
accountability-based programs that work with juvenile offenders who are
referred by law enforcement agencies, or which are designed, in
cooperation with law enforcement officials, to protect students and
school personnel from drug, gang, and youth violence; and,
(l) Program purpose no. 12: Implementing a policy of controlled
substance testing for appropriate categories of juveniles within the
juvenile justice system.
Sec. 31.501 Eligible applicants.
(a) Eligible applicants. Eligible applicants in FY 1998, FY 1999,
and each subsequent fiscal year as funds are made available, are States
whose Governor (or other Chief Executive Officer for the eligible
jurisdictions that are not one of the 50 States but defined as such for
purposes of this program) certifies, consistent with guidelines
established by the Attorney General in consultation with Congress and
incorporated into OJJDP's Program Guidance Manual, that the State is
actively considering (or already has in place), or will consider within
one year from the date of such certification, legislation, policies, or
practices which, if enacted, would qualify the State for a grant.
Specific information regarding qualifications can be found in the JAIBG
Program Guidance Manual.
(b) Qualifications. Each State Chief Executive Officer must
designate a state agency to apply for, receive, and administer JAIBG
funds.
Sec. 31.502 Assurances and plan information.
(a) In its application for a Juvenile Accountability Incentive
Block Grant (JAIBG), each State must provide assurances to the Office
of Juvenile Justice and Delinquency Prevention (OJJDP), absent a waiver
as provided in the JAIBG Program Guidance Manual, that:
[[Page 19677]]
(1) The State will subgrant at least 75% of the State's allocation
of funds to eligible units of local government to implement authorized
programs at the local level; and
(2) The State, and each unit of local government applying for a
subgrant from the State, will expend not less than 45% of any grant
provided to such State or unit of local government, other than funds
set aside for administration, for program purposes 3-9 in Sec. 31.500
(c) through (i) of this subpart, and will not spend less than 35% for
program purposes 1, 2, and 10 in Sec. 31.500 (a), (b), and (j) of this
subpart, unless the State certifies to OJJDP, or the unit of local
government certifies to the State, that the interests of public safety
and juvenile crime control would be better served by expending the
grant award for purposes set forth in the twelve program areas in a
different ratio. Such certification shall provide information
concerning the availability of existing structures or initiatives
within the intended areas of expenditure (or the availability of
alternative funding sources for those areas), and the reasons for the
State or unit of local government's alternative use.
(b) Following award of JAIBG funds to a State by OJJDP, but prior
to obligation of program funds by the State or of subgrant funds by a
unit of local government for any authorized program purpose, a State
administering JAIBG funds must provide to OJJDP information that
demonstrates that the State, or a unit of local government that
receives JAIBG funds, has established a coordinated enforcement plan
for reducing juvenile crime, developed by a Juvenile Crime Enforcement
Coalition (JCEC).
(c) State coordinated enforcement plans must be developed by a
Juvenile Crime Enforcement Coalition consisting of representatives of
law enforcement and social service agencies involved in juvenile crime
prevention. To assist in developing the State's coordinated enforcement
plan, States may choose to utilize members of the State Advisory Group
(SAG) established by the State's Chief Executive under section
223(a)(3) of Part B of the Juvenile Justice and Delinquency Prevention
(JJDP) Act of 1974, as amended, codified at 42 U.S.C. 5633(a)(3), if
appropriate membership exists, or use or establish another planning
group that constitutes a coalition of law enforcement and social
service agencies.
(d) When establishing a local Juvenile Crime Enforcement Coalition
(JCEC), units of local government must include, unless impracticable,
individuals representing:
(1) Police,
(2) Sheriff,
(3) Prosecutor,
(4) State or local probation services,
(5) Juvenile court,
(6) Schools,
(7) Business, and
(8) Religious affiliated, fraternal, nonprofit, or social service
organizations involved in crime prevention.
(e) Units of local government may utilize members of Prevention
Policy Boards established pursuant to section 505(b)(4) of Title V of
the JJDP Act, codified at 42 U.S.C. 5784(b)(4), to meet the JCEC
requirement, provided that each JCEC meets the membership requirements
listed in paragraph (d) of this section.
Sec. 31.503 Notice of proposed use of funds.
The mechanism for a State to report on the proposed use of funds by
the State or by a subgrantee unit of local government is by electronic
submission of a ``Follow Up Information Form'' to be provided to each
participating State. The purpose of this report is for the State to
provide assurances to OJJDP that funds expended by the State and its
subgrantee units of local government will be used for authorized
program purpose areas. Although no actual program descriptions will be
required, information about the distribution of funds among the
authorized program purpose areas must be provided. Upon receipt and
review of the ``Follow Up Information Form'' by OJJDP, States may
obligate program funds retained for expenditure at the State level.
Similarly, the State shall require that each recipient unit of local
government submit its proposed use of non-administrative funds to the
State prior to drawdown of subgrant funds to implement local programs
and projects. Upon receipt and review of the local unit of government's
proposed fund use, the State shall authorize the local unit of
government to obligate local subgrant funds. The State shall
electronically submit a copy of the local subgrant information to
OJJDP, as provided in the award package, within 30 days of the date
that the local unit of government is authorized to obligate program
funds under its subgrant award.
Dated: April 12, 1999.
Shay Bilchik,
Administrator, Office of Juvenile Justice and Delinquency Prevention.
[FR Doc. 99-9884 Filed 4-20-99; 8:45 am]
BILLING CODE 4410-18-P
