II 

115TH CONGRESS 

1ST SESSION S. 860 

To reauthorize and improve the Juvenile Justice and Delinquency Prevention 

Act of 1974, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5 (legislative day, APRIL 4), 2017 

Mr. GRASSLEY (for himself, Mr. WHITEHOUSE, Mr. TILLIS, Mrs. FEINSTEIN, 

Mr. HATCH, Mr. LEAHY, Mr. DURBIN, Mr. CORNYN, Mr. BLUNT, and 

Ms. KLOBUCHAR) introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To reauthorize and improve the Juvenile Justice and 

Delinquency Prevention Act of 1974, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Juvenile Justice and 

5 Delinquency Prevention Reauthorization Act of 2017’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—DECLARATION OF PURPOSE AND DEFINITIONS 


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Sec. 101. Purposes. 

Sec. 102. Definitions. 

TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

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. Reallocation of grant funds. 

Sec. 207. Authority to make grants. 

Sec. 208. Eligibility of States. 

Sec. 209. Grants to Indian tribes. 

Sec. 210. Research and evaluation; statistical analyses; information dissemination. 

Sec. 211. Training and technical assistance. 

Sec. 212. Administrative authority. 

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 

PREVENTION PROGRAMS 

Sec. 301. Definitions. 

Sec. 302. Grants for delinquency prevention programs. 

Sec. 303. Technical and conforming amendment. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Evaluation by Government Accountability Office. 

Sec. 402. Authorization of appropriations. 

Sec. 403. Accountability and oversight. 

TITLE V—JUVENILE ACCOUNTABILITY BLOCK GRANTS 

Sec. 501. Grant eligibility. 

1 TITLE I—DECLARATION OF 

2 PURPOSE AND DEFINITIONS 

3 SEC. 101. PURPOSES. 

4 Section 102 of the Juvenile Justice and Delinquency 

5 Prevention Act of 1974 (42 U.S.C. 5602) is amended— 

6 (1) in paragraph (1), by inserting ‘‘, tribal,’’ 

7 after ‘‘State’’; 

8 (2) in paragraph (2)— 


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1 (A) by inserting ‘‘, tribal,’’ after ‘‘State’’; 

2 and 

3 (B) by striking ‘‘and’’ at the end; 

4 (3) by amending paragraph (3) to read as fol5 lows: 

6 ‘‘(3) to assist State, tribal, and local govern7 ments in addressing juvenile crime through the pro8 vision of technical assistance, research, training, 

9 evaluation, and the dissemination of current and rel10 evant information on effective and evidence-based 

11 programs and practices for combating juvenile delin12 quency; and’’; and 

13 (4) by adding at the end the following: 

14 ‘‘(4) to support a continuum of evidence-based 

15 or promising programs (including delinquency pre16 vention, intervention, mental health and substance 

17 abuse treatment, family services, and services for 

18 children exposed to violence) that are trauma in19 formed, reflect the science of adolescent develop20 ment, and are designed to meet the needs of at-risk 

21 youth and youth who come into contact with the jus22 tice system.’’. 

23 SEC. 102. DEFINITIONS. 

24 Section 103 of the Juvenile Justice and Delinquency 

25 Prevention Act of 1974 (42 U.S.C. 5603) is amended— 


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1 (1) in paragraph (8)— 

2 (A) in subparagraph (B)(ii), by adding 

3 ‘‘or’’ at the end; 

4 (B) by striking subparagraph (C); and 

5 (C) by redesignating subparagraph (D) as 

6 subparagraph (C); 

7 (2) by amending paragraph (18) to read as fol8 lows: 

9 ‘‘(18) the term ‘Indian tribe’ means a federally 

10 recognized Indian tribe or an Alaskan Native organi11 zation that has a law enforcement function, as deter12 mined by the Secretary of the Interior in consulta13 tion with the Attorney General;’’. 

14 (3) by amending paragraph (22) to read as fol15 lows: 

16 ‘‘(22) the term ‘jail or lockup for adults’ means 

17 a secure facility that is used by a State, unit of local 

18 government, or law enforcement authority to detain 

19 or confine adult inmates;’’; 

20 (4) by amending paragraph (25) to read as fol21 lows: 

22 ‘‘(25) the term ‘sight or sound contact’ means 

23 any physical, clear visual, or verbal contact that is 

24 not brief and inadvertent;’’; 


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1 (5) by amending paragraph (26) to read as fol2 lows: 

3 ‘‘(26) the term ‘adult inmate’— 

4 ‘‘(A) means an individual who— 

5 ‘‘(i) has reached the age of full crimi6 nal responsibility under applicable State 

7 law; and 

8 ‘‘(ii) has been arrested and is in cus9 tody for or awaiting trial on a criminal 

10 charge, or is convicted of a criminal of11 fense; and 

12 ‘‘(B) does not include an individual who— 

13 ‘‘(i) at the time of the offense, was 

14 younger than the maximum age at which a 

15 youth can be held in a juvenile facility 

16 under applicable State law; and 

17 ‘‘(ii) was committed to the care and 

18 custody or supervision, including post19 placement or parole supervision, of a juve20 nile correctional agency by a court of com21 petent jurisdiction or by operation of appli22 cable State law;’’; 

23 (6) in paragraph (28), by striking ‘‘and’’ at the 

24 end; 


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1 (7) in paragraph (29), by striking the period at 

2 the end and inserting a semicolon; and 

3 (8) by adding at the end the following: 

4 ‘‘(30) the term ‘core requirements’— 

5 ‘‘(A) means the requirements described in 

6 paragraphs (11), (12), (13), and (15) of section 

7 223(a); and 

8 ‘‘(B) does not include the data collection 

9 requirements described in subparagraphs (A) 

10 through (K) of section 207(1); 

11 ‘‘(31) the term ‘chemical agent’ means a spray 

12 or injection used to temporarily incapacitate a per13 son, including oleoresin capsicum spray, tear gas, 

14 and 2-chlorobenzalmalononitrile gas; 

15 ‘‘(32) the term ‘isolation’— 

16 ‘‘(A) means any instance in which a youth 

17 is confined alone for more than 15 minutes in 

18 a room or cell; and 

19 ‘‘(B) does not include— 

20 ‘‘(i) confinement during regularly 

21 scheduled sleeping hours; 

22 ‘‘(ii) separation based on a treatment 

23 program approved by a licensed medical or 

24 mental health professional; 


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1 ‘‘(iii) confinement or separation that 

2 is requested by the youth; or 

3 ‘‘(iv) the separation of the youth from 

4 a group in a nonlocked setting for the lim5 ited purpose of calming; 

6 ‘‘(33) the term ‘restraints’ has the meaning 

7 given that term in section 591 of the Public Health 

8 Service Act (42 U.S.C. 290ii); 

9 ‘‘(34) the term ‘evidence-based’ means a pro10 gram or practice that— 

11 ‘‘(A) is demonstrated to be effective when 

12 implemented with fidelity; 

13 ‘‘(B) is based on a clearly articulated and 

14 empirically supported theory; 

15 ‘‘(C) has measurable outcomes relevant to 

16 juvenile justice, including a detailed description 

17 of the outcomes produced in a particular popu18 lation, whether urban or rural; and 

19 ‘‘(D) has been scientifically tested and 

20 proven effective through randomized control 

21 studies or comparison group studies and with 

22 the ability to replicate and scale; 

23 ‘‘(35) the term ‘promising’ means a program or 

24 practice that— 


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1 ‘‘(A) is demonstrated to be effective based 

2 on positive outcomes relevant to juvenile justice 

3 from one or more objective, independent, and 

4 scientifically valid evaluations, as documented 

5 in writing to the Administrator; and 

6 ‘‘(B) will be evaluated through a well-de7 signed and rigorous study, as described in para8 graph (34)(D); 

9 ‘‘(36) the term ‘dangerous practice’ means an 

10 act, procedure, or program that creates an unreason11 able risk of physical injury, pain, or psychological 

12 harm to a juvenile subjected to the act, procedure, 

13 or program; 

14 ‘‘(37) the term ‘screening’ means a brief proc15 ess— 

16 ‘‘(A) designed to identify youth who may 

17 have mental health, behavioral health, sub18 stance abuse, or other needs requiring imme19 diate attention, intervention, and further eval20 uation; and 

21 ‘‘(B) the purpose of which is to quickly 

22 identify a youth with possible mental health, be23 havioral health, substance abuse, or other needs 

24 in need of further assessment; 


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1 ‘‘(38) the term ‘assessment’ includes, at a min2 imum, an interview and review of available records 

3 and other pertinent information— 

4 ‘‘(A) by an appropriately trained profes5 sional who is licensed or certified by the appli6 cable State in the mental health, behavioral 

7 health, or substance abuse fields; and 

8 ‘‘(B) which is designed to identify signifi9 cant mental health, behavioral health, or sub10 stance abuse treatment needs to be addressed 

11 during a youth’s confinement; 

12 ‘‘(39) for purposes of section 223(a)(15), the 

13 term ‘contact’ means the points at which a youth 

14 and the juvenile justice system or criminal justice 

15 system officially intersect, including interactions 

16 with a juvenile justice, juvenile court, or law enforce17 ment official; 

18 ‘‘(40) the term ‘trauma-informed’ means— 

19 ‘‘(A) understanding the impact that expo20 sure to violence and trauma have on a youth’s 

21 physical, psychological, and psychosocial devel22 opment; 

23 ‘‘(B) recognizing when a youth has been 

24 exposed to violence and trauma and is in need 


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1 of help to recover from the adverse impacts of 

2 trauma; and 

3 ‘‘(C) responding in ways that resist re4 traumatization; 

5 ‘‘(41) the term ‘racial and ethnic disparity’ 

6 means minority youth populations are involved at a 

7 decision point in the juvenile justice system at high8 er rates, incrementally or cumulatively, than non-mi9 nority youth at that decision point; 

10 ‘‘(42) the term ‘status offender’ means a juve11 nile who is charged with or who has committed an 

12 offense that would not be criminal if committed by 

13 an adult; 

14 ‘‘(43) the term ‘rural’ means an area that is 

15 not located in a metropolitan statistical area, as de16 fined by the Office of Management and Budget; 

17 ‘‘(44) the term ‘internal controls’ means a proc18 ess implemented to provide reasonable assurance re19 garding the achievement of objectives in— 

20 ‘‘(A) effectiveness and efficiency of oper21 ations, such as grant management practices; 

22 ‘‘(B) reliability of reporting for internal 

23 and external use; and 

24 ‘‘(C) compliance with applicable laws and 

25 regulations, as well as recommendations of the 


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1 Office of Inspector General and the Government 

2 Accountability Office; and 

3 ‘‘(45) the term ‘tribal government’ means the 

4 governing body of an Indian tribe.’’. 

5 TITLE II—JUVENILE JUSTICE 

6 AND DELINQUENCY PREVEN7 TION 

8 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

9 Section 204 of the Juvenile Justice and Delinquency 

10 Prevention Act of 1974 (42 U.S.C. 5614) is amended— 

11 (1) in subsection (a)— 

12 (A) in paragraph (1), in the first sen13 tence— 

14 (i) by striking ‘‘a long-term plan, and 

15 implement’’ and inserting the following: ‘‘a 

16 long-term plan to improve the juvenile jus17 tice system in the United States, taking 

18 into account scientific knowledge regarding 

19 adolescent development and behavior and 

20 regarding the effects of delinquency pre21 vention programs and juvenile justice 

22 interventions on adolescents, and shall im23 plement’’; and 

24 (ii) by striking ‘‘research, and im25 provement of the juvenile justice system in 


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1 the United States’’ and inserting ‘‘and re2 search’’; and 

3 (B) in paragraph (2)(B), by striking ‘‘Fed4 eral Register’’ and all that follows and inserting 

5 ‘‘Federal Register during the 30-day period 

6 ending on October 1 of each year.’’; and 

7 (2) in subsection (b)— 

8 (A) by striking paragraph (7); 

9 (B) by redesignating paragraphs (5) and 

10 (6) as paragraphs (6) and (7), respectively; 

11 (C) by inserting after paragraph (4), the 

12 following: 

13 ‘‘(5) not later than 1 year after the date of en14 actment of the Juvenile Justice and Delinquency 

15 Prevention Reauthorization Act of 2017, in consulta16 tion with Indian tribes, develop a policy for the Of17 fice of Juvenile Justice and Delinquency Prevention 

18 to collaborate with representatives of Indian tribes 

19 with a criminal justice function on the implementa20 tion of the provisions of this Act relating to Indian 

21 tribes;’’; 

22 (D) in paragraph (6), as so redesignated, 

23 by adding ‘‘and’’ at the end; and 

24 (E) in paragraph (7), as so redesignated— 

25 (i) by striking ‘‘monitoring’’; 


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1 (ii) by striking ‘‘section 223(a)(15)’’ 

2 and inserting ‘‘section 223(a)(16)’’; and 

3 (iii) by striking ‘‘to review the ade4 quacy of such systems; and’’ and inserting 

5 ‘‘for monitoring compliance.’’. 

6 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

7 AND DELINQUENCY PREVENTION. 

8 Section 206 of the Juvenile Justice and Delinquency 

9 Prevention Act of 1974 (42 U.S.C. 5616) is amended— 

10 (1) in subsection (a) 

11 (A) in paragraph (1)— 

12 (i) by inserting ‘‘the Administrator of 

13 the Substance Abuse and Mental Health 

14 Services Administration, the Secretary of 

15 the Interior,’’ after ‘‘the Secretary of 

16 Health and Human Services,’’; and 

17 (ii) by striking ‘‘Commissioner of Im18 migration and Naturalization’’ and insert19 ing ‘‘Assistant Secretary for Immigration 

20 and Customs Enforcement’’; and 

21 (B) in paragraph (2), by striking ‘‘United 

22 States’’ and inserting ‘‘Federal Government’’; 

23 and 

24 (2) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘para2 graphs (12)(A), (13), and (14) of section 

3 223(a) of this title’’ and inserting ‘‘the core re4 quirements’’; and 

5 (B) in paragraph (2)— 

6 (i) in the matter preceding subpara7 graph (A), by inserting ‘‘, on an annual 

8 basis’’ after ‘‘collectively’’; and 

9 (ii) by striking subparagraph (B) and 

10 inserting the following: 

11 ‘‘(B) not later than 120 days after the 

12 completion of the last meeting of the Council 

13 during any fiscal year, submit to the Committee 

14 on Education and the Workforce of the House 

15 of Representatives and the Committee on the 

16 Judiciary of the Senate a report that— 

17 ‘‘(i) contains the recommendations de18 scribed in subparagraph (A); 

19 ‘‘(ii) includes a detailed account of the 

20 activities conducted by the Council during 

21 the fiscal year, including a complete de22 tailed accounting of expenses incurred by 

23 the Council to conduct operations in ac24 cordance with this section; 


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1 ‘‘(iii) is published on the websites of 

2 the Office of Juvenile Justice and Delin3 quency Prevention, the Council, and the 

4 Department of Justice; and 

5 ‘‘(iv) is in addition to the annual re6 port required under section 207.’’. 

7 SEC. 203. ANNUAL REPORT. 

8 Section 207 of the Juvenile Justice and Delinquency 

9 Prevention Act of 1974 (42 U.S.C. 5617) is amended— 

10 (1) in the matter preceding paragraph (1), by 

11 striking ‘‘a fiscal year’’ and inserting ‘‘each fiscal 

12 year’’; 

13 (2) in paragraph (1)— 

14 (A) in subparagraph (B), by striking ‘‘and 

15 gender’’ and inserting ‘‘, gender, and ethnicity, 

16 as such term is defined by the Bureau of the 

17 Census,’’; 

18 (B) in subparagraph (E), by striking 

19 ‘‘and’’ at the end; 

20 (C) in subparagraph (F)— 

21 (i) by inserting ‘‘and other’’ before 

22 ‘‘disabilities,’’; and 

23 (ii) by striking the period at the end 

24 and inserting a semicolon; and 

25 (D) by adding at the end the following: 


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1 ‘‘(G) a summary of data from 1 month of 

2 the applicable fiscal year of the use of restraints 

3 and isolation upon juveniles held in the custody 

4 of secure detention and correctional facilities 

5 operated by a State or unit of local government; 

6 ‘‘(H) the number of status offense cases 

7 petitioned to court, number of status offenders 

8 held in secure detention, the findings used to 

9 justify the use of secure detention, and the av10 erage period of time a status offender was held 

11 in secure detention; 

12 ‘‘(I) the number of juveniles released from 

13 custody and the type of living arrangement to 

14 which they are released; 

15 ‘‘(J) the number of juveniles whose offense 

16 originated on school grounds, during school17 sponsored off-campus activities, or due to a re18 ferral by a school official, as collected and re19 ported by the Department of Education or simi20 lar State educational agency; and 

21 ‘‘(K) the number of juveniles in the cus22 tody of secure detention and correctional facili23 ties operated by a State or unit of local govern24 ment who report being pregnant.’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(5) A description of the criteria used to deter2 mine what programs qualify as evidence-based and 

3 promising programs under this title and title V and 

4 a comprehensive list of those programs the Adminis5 trator has determined meet such criteria in both 

6 rural and urban areas. 

7 ‘‘(6) A description of funding provided to In8 dian tribes under this Act or for a juvenile delin9 quency or prevention program under the Tribal Law 

10 and Order Act of 2010 (Public Law 111–211; 124 

11 Stat. 2261), including direct Federal grants and 

12 funding provided to Indian tribes through a State or 

13 unit of local government. 

14 ‘‘(7) An analysis and evaluation of the internal 

15 controls at the Office of Juvenile Justice and Delin16 quency Prevention to determine if grantees are fol17 lowing the requirements of the Office of Juvenile 

18 Justice and Delinquency Prevention grant programs 

19 and what remedial action the Office of Juvenile Jus20 tice and Delinquency Prevention has taken to re21 cover any grant funds that are expended in violation 

22 of the grant programs, including instances— 

23 ‘‘(A) in which supporting documentation 

24 was not provided for cost reports; 


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1 ‘‘(B) where unauthorized expenditures oc2 curred; or 

3 ‘‘(C) where subrecipients of grant funds 

4 were not compliant with program requirements. 

5 ‘‘(8) An analysis and evaluation of the total 

6 amount of payments made to grantees that the Of7 fice of Juvenile Justice and Delinquency Prevention 

8 recouped from grantees that were found to be in vio9 lation of policies and procedures of the Office of Ju10 venile Justice and Delinquency Prevention grant 

11 programs, including— 

12 ‘‘(A) the full name and location of the 

13 grantee; 

14 ‘‘(B) the violation of the program found; 

15 ‘‘(C) the amount of funds sought to be re16 couped by the Office of Juvenile Justice and 

17 Delinquency Prevention; and 

18 ‘‘(D) the actual amount recouped by the 

19 Office of Juvenile Justice and Delinquency Pre20 vention.’’. 

21 SEC. 204. ALLOCATION OF FUNDS. 

22 (a) TECHNICAL ASSISTANCE.—Section 221(b)(1) of 

23 the Juvenile Justice and Delinquency Prevention Act of 

24 1974 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 

25 percent’’ and inserting ‘‘5 percent’’. 


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1 (b) OTHER ALLOCATIONS.—Section 222 of the Juve2 nile Justice and Delinquency Prevention Act of 1974 (42 

3 U.S.C. 5632) is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1), by striking ‘‘age 

6 eighteen’’ and inserting ‘‘18 years of age, based 

7 on the most recent data available from the Bu8 reau of the Census’’; and 

9 (B) by striking paragraphs (2) and (3) and 

10 inserting the following: 

11 ‘‘(2)(A) If the aggregate amount appropriated 

12 for a fiscal year to carry out this title is less than 

13 $75,000,000, then— 

14 ‘‘(i) the amount allocated to each State 

15 other than a State described in clause (ii) for 

16 that fiscal year shall be not less than $400,000; 

17 and 

18 ‘‘(ii) the amount allocated to the United 

19 States Virgin Islands, Guam, American Samoa, 

20 and the Commonwealth of the Northern Mar21 iana Islands for that fiscal year shall be not less 

22 than $75,000. 

23 ‘‘(B) If the aggregate amount appropriated for 

24 a fiscal year to carry out this title is not less than 

25 $75,000,000, then— 


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1 ‘‘(i) the amount allocated to each State 

2 other than a State described in clause (ii) for 

3 that fiscal year shall be not less than $600,000; 

4 and 

5 ‘‘(ii) the amount allocated to the United 

6 States Virgin Islands, Guam, American Samoa, 

7 and the Commonwealth of the Northern Mar8 iana Islands for that fiscal year shall be not less 

9 than $100,000.’’; 

10 (2) in subsection (c), by striking ‘‘efficient ad11 ministration, including monitoring, evaluation, and 

12 one full-time staff position’’ and inserting ‘‘effective 

13 and efficient administration of funds, including the 

14 designation of not less than 1 individual who shall 

15 coordinate efforts to achieve and sustain compliance 

16 with the core requirements and certify whether the 

17 State is in compliance with such requirements’’; and 

18 (3) in subsection (d), by striking ‘‘5 per centum 

19 of the minimum’’ and inserting ‘‘not more than 5 

20 percent of the’’. 

21 SEC. 205. STATE PLANS. 

22 Section 223 of the Juvenile Justice and Delinquency 

23 Prevention Act of 1974 (42 U.S.C. 5633) is amended— 

24 (1) in subsection (a)— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘and shall describe the status of 

3 compliance with State plan requirements.’’ and 

4 inserting ‘‘and shall describe how the State plan 

5 is supported by or takes account of scientific 

6 knowledge regarding adolescent development 

7 and behavior and regarding the effects of delin8 quency prevention programs and juvenile justice 

9 interventions on adolescents. Not later than 60 

10 days after the date on which a plan or amended 

11 plan submitted under this subsection is final12 ized, a State shall make the plan or amended 

13 plan publicly available by posting the plan or 

14 amended plan on the State’s publicly available 

15 website.’’; 

16 (B) in paragraph (3)— 

17 (i) in subparagraph (A)— 

18 (I) in clause (i), by inserting ‘‘ad19 olescent development,’’ after ‘‘con20 cerning’’; 

21 (II) in clause (ii)— 

22 (aa) in subclause (II), by 

23 striking ‘‘counsel for children and 

24 youth’’ and inserting ‘‘publicly 

25 supported court-appointed legal 


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1 counsel for juveniles charged with 

2 an act of juvenile delinquency or 

3 a status offense, consistent with 

4 other Federal law’’; 

5 (bb) in subclause (III), by 

6 striking ‘‘mental health, edu7 cation, special education’’ and in8 serting ‘‘child and adolescent 

9 mental health, education, child 

10 and adolescent substance abuse, 

11 special education, services for 

12 youth with disabilities’’; 

13 (cc) in subclause (V), by 

14 striking ‘‘delinquents or potential 

15 delinquents’’ and inserting ‘‘de16 linquent youth or youth at risk of 

17 delinquency’’; 

18 (dd) in subclause (VI), by 

19 striking ‘‘youth workers involved 

20 with’’ and inserting ‘‘representa21 tives of’’; 

22 (ee) in subclause (VII), by 

23 striking ‘‘and’’ at the end; 


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1 (ff) by striking subclause 

2 (VIII) and inserting the fol3 lowing: 

4 ‘‘(VIII) persons, licensed or cer5 tified by the applicable State, with ex6 pertise and competence in preventing 

7 and addressing mental health and 

8 substance abuse needs in juvenile 

9 delinquents and those at-risk of delin10 quency; 

11 ‘‘(IX) representatives of victim or 

12 witness advocacy groups, including at 

13 least 1 individual with expertise in ad14 dressing the challenges of sexual 

15 abuse and exploitation and trauma; 

16 and 

17 ‘‘(X) for a State in which one or 

18 more Indian tribes are located, an In19 dian tribal representative or, if such 

20 Indian tribal representative is unavail21 able, other individual with significant 

22 expertise in tribal law enforcement 

23 and juvenile justice in Indian tribal 

24 communities;’’; 


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1 (III) in clause (iv), by striking 

2 ‘‘24 at the time of appointment’’ and 

3 inserting ‘‘28 at the time of initial ap4 pointment’’; and 

5 (IV) in clause (v) by inserting 

6 ‘‘or, if not feasible and in appropriate 

7 circumstances, who is the parent or 

8 guardian of someone who has been or 

9 is currently under the jurisdiction of 

10 the juvenile justice system’’ after ‘‘ju11 venile justice system’’; 

12 (ii) in subparagraph (C), by striking 

13 ‘‘30 days’’ and inserting ‘‘45 days’’; and 

14 (iii) in subparagraph (D)(ii), by strik15 ing ‘‘at least annually recommendations re16 garding State compliance with the require17 ments of paragraphs (11), (12), and (13)’’ 

18 and inserting ‘‘at least every 2 years a re19 port and necessary recommendations re20 garding State compliance with the core re21 quirements’’; and 

22 (iv) in subparagraph (E)— 

23 (I) in clause (i), by adding ‘‘and’’ 

24 at the end; and 


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1 (II) in clause (ii), by striking the 

2 period at the end and inserting a 

3 semicolon; 

4 (C) in paragraph (5)(C), by striking ‘‘In5 dian tribes’’ and all that follows through ‘‘appli6 cable to the detention and confinement of juve7 niles’’ and inserting ‘‘Indian tribes that agree 

8 to attempt to comply with the core require9 ments applicable to the detention and confine10 ment of juveniles’’; 

11 (D) in paragraph (7)— 

12 (i) in subparagraph (A), by striking 

13 ‘‘performs law enforcement functions’’ and 

14 inserting ‘‘has jurisdiction’’; and 

15 (ii) in subparagraph (B)— 

16 (I) in clause (iii), by striking 

17 ‘‘and’’ at the end; and 

18 (II) by striking clause (iv) and 

19 inserting the following: 

20 ‘‘(iv) a plan to provide alternatives to 

21 detention for status offenders, juveniles 

22 who have been induced to perform com23 mercial sex acts, and others, where appro24 priate, such as specialized or problem-solv25 ing courts or diversion to home-based or 


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1 community-based services or treatment for 

2 those youth in need of mental health, sub3 stance abuse, or co-occurring disorder serv4 ices at the time such juveniles first come 

5 into contact with the juvenile justice sys6 tem; 

7 ‘‘(v) a plan to reduce the number of 

8 children housed in secure detention and 

9 corrections facilities who are awaiting 

10 placement in residential treatment pro11 grams; 

12 ‘‘(vi) a plan to engage family mem13 bers, where appropriate, in the design and 

14 delivery of juvenile delinquency prevention 

15 and treatment services, particularly post16 placement; 

17 ‘‘(vii) a plan to use community-based 

18 services to respond to the needs of at-risk 

19 youth or youth who have come into contact 

20 with the juvenile justice system; 

21 ‘‘(viii) a plan to promote evidence22 based and trauma-informed programs and 

23 practices; and 

24 ‘‘(ix) not later than 1 year after the 

25 date of enactment of the Juvenile Justice 


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1 and Delinquency Prevention Reauthoriza2 tion Act of 2017, a plan, which shall be 

3 implemented not later than 2 years after 

4 the date of enactment of the Juvenile Jus5 tice and Delinquency Prevention Reauthor6 ization Act of 2017, to— 

7 ‘‘(I) eliminate the use of re8 straints of known pregnant juveniles 

9 housed in secure juvenile detention 

10 and correction facilities, during labor, 

11 delivery, and post-partum recovery, 

12 unless credible, reasonable grounds 

13 exist to believe the detainee presents 

14 an immediate and serious threat of 

15 hurting herself, staff, or others; and 

16 ‘‘(II) eliminate the use of abdom17 inal restraints, leg and ankle re18 straints, wrist restraints behind the 

19 back, and four-point restraints on 

20 known pregnant juveniles, unless— 

21 ‘‘(aa) credible, reasonable 

22 grounds exist to believe the de23 tainee presents an immediate and 

24 serious threat of hurting herself, 

25 staff, or others; or 


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1 ‘‘(bb) reasonable grounds 

2 exist to believe the detainee pre3 sents an immediate and credible 

4 risk of escape that cannot be rea5 sonably minimized through any 

6 other method;’’; 

7 (E) in paragraph (8), by striking ‘‘exist8 ing’’ and inserting ‘‘evidence-based and prom9 ising’’; 

10 (F) in paragraph (9)— 

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘, with priority in 

13 funding given to entities meeting the cri14 teria for evidence-based or promising pro15 grams’’ after ‘‘used for’’; 

16 (ii) in subparagraph (A)(i), by insert17 ing ‘‘status offenders and other’’ before 

18 ‘‘youth who need’’; 

19 (iii) in subparagraph (B)(i)— 

20 (I) by striking ‘‘parents and 

21 other family members’’ and inserting 

22 ‘‘status offenders, other youth, and 

23 the parents and other family members 

24 of such offenders and youth’’; and 


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1 (II) by striking ‘‘be retained’’ 

2 and inserting ‘‘remain’’; 

3 (iv) in subparagraph (E)— 

4 (I) in the matter preceding clause 

5 (i), by striking ‘‘delinquent’’ and in6 serting ‘‘at-risk or delinquent youth’’; 

7 and 

8 (II) in clause (i), by inserting ‘‘, 

9 including for truancy prevention and 

10 reduction’’ before the semicolon; 

11 (v) by redesignating subparagraphs 

12 (G) through (S) as subparagraphs (H) 

13 through (T), respectively; 

14 (vi) in subparagraph (F), in the mat15 ter preceding clause (i), by striking ‘‘ex16 panding’’ and inserting ‘‘programs to ex17 pand’’; 

18 (vii) by inserting after subparagraph 

19 (F), the following: 

20 ‘‘(G) expanding access to publicly sup21 ported, court-appointed legal counsel and en22 hancing capacity for the competent representa23 tion of every child, consistent with other Fed24 eral law;’’; 


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•S 860 IS

1 (viii) in subparagraph (H), as so re2 designated, by striking ‘‘State,’’ each place 

3 the term appears and inserting ‘‘State, 

4 tribal,’’; 

5 (ix) in subparagraph (M), as so redes6 ignated— 

7 (I) in clause (i)— 

8 (aa) by inserting ‘‘pre-adju9 dication and’’ before ‘‘post-adju10 dication’’; 

11 (bb) by striking ‘‘restraints’’ 

12 and inserting ‘‘alternatives’’; and 

13 (cc) by inserting ‘‘specialized 

14 or problem-solving courts,’’ after 

15 ‘‘(including’’; and 

16 (II) in clause (ii)— 

17 (aa) by striking ‘‘by the pro18 vision by the Administrator’’; and 

19 (bb) by striking ‘‘to States’’; 

20 (x) in subparagraph (N), as redesig21 nated— 

22 (I) by inserting ‘‘and reduce the 

23 risk of recidivism’’ after ‘‘families’’; 

24 and 


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1 (II) by striking ‘‘so that juveniles 

2 may be retained in their homes’’; 

3 (xi) in subparagraph (S), as so redes4 ignated, by striking ‘‘and’’ at the end; 

5 (xii) in subparagraph (T), as so redes6 ignated— 

7 (I) by inserting ‘‘or co-occurring 

8 disorder’’ after ‘‘mental health’’; 

9 (II) by inserting ‘‘court-involved 

10 or’’ before ‘‘incarcerated’’; 

11 (III) by striking ‘‘suspected to 

12 be’’; 

13 (IV) by striking ‘‘and discharge 

14 plans’’ and inserting ‘‘provision of 

15 treatment, and development of dis16 charge plans’’; and 

17 (V) by striking the period at the 

18 end and inserting a semicolon; and 

19 (xiii) by inserting after subparagraph 

20 (T) the following: 

21 ‘‘(U) programs and projects designed to in22 form juveniles of the opportunity and process 

23 for expunging juvenile records and to assist ju24 veniles in pursuing juvenile record expungeVerDate Sep 11 2014 23:37 Apr 11, 2017 Jkt 069200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S860.IS S860

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1 ments for both adjudications and arrests not 

2 followed by adjudications; 

3 ‘‘(V) programs that address the needs of 

4 girls in or at risk of entering the juvenile justice 

5 system, including pregnant girls, young moth6 ers, survivors of commercial sexual exploitation 

7 or domestic child sex trafficking, girls with dis8 abilities, and girls of color, including girls who 

9 are members of an Indian tribe; and 

10 ‘‘(W) monitoring for compliance with the 

11 core requirements and providing training and 

12 technical assistance on the core requirements to 

13 secure facilities;’’; 

14 (G) by striking paragraph (11) and insert15 ing the following: 

16 ‘‘(11)(A) in accordance with rules issued by the 

17 Administrator, provide that a juvenile shall not be 

18 placed in a secure detention facility or a secure cor19 rectional facility, if— 

20 ‘‘(i) the juvenile is charged with or has 

21 committed an offense that would not be crimi22 nal if committed by an adult, excluding— 

23 ‘‘(I) a juvenile who is charged with or 

24 has committed a violation of section 


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1 922(x)(2) of title 18, United States Code, 

2 or of a similar State law; 

3 ‘‘(II) a juvenile who is charged with 

4 or has committed a violation of a valid 

5 court order issued and reviewed in accord6 ance with paragraph (23); and 

7 ‘‘(III) a juvenile who is held in ac8 cordance with the Interstate Compact on 

9 Juveniles as enacted by the State; or 

10 ‘‘(ii) the juvenile— 

11 ‘‘(I) is not charged with any offense; 

12 and 

13 ‘‘(II)(aa) is an alien; or 

14 ‘‘(bb) is alleged to be dependent, ne15 glected, or abused; and 

16 ‘‘(B) require that— 

17 ‘‘(i) not later than 3 years after the date 

18 of enactment of the Juvenile Justice and Delin19 quency Prevention Reauthorization Act of 2017, 

20 unless a court finds, after a hearing and in 

21 writing, that it is in the interest of justice, juve22 niles awaiting trial or other legal process who 

23 are treated as adults for purposes of prosecu24 tion in criminal court and housed in a secure 

25 facility— 


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1 ‘‘(I) shall not have sight or sound con2 tact with adult inmates; and 

3 ‘‘(II) except as provided in paragraph 

4 (13), may not be held in any jail or lockup 

5 for adults; 

6 ‘‘(ii) in determining under subparagraph 

7 (A) whether it is in the interest of justice to 

8 permit a juvenile to be held in any jail or lock9 up for adults, or have sight or sound contact 

10 with adult inmates, a court shall consider— 

11 ‘‘(I) the age of the juvenile; 

12 ‘‘(II) the physical and mental matu13 rity of the juvenile; 

14 ‘‘(III) the present mental state of the 

15 juvenile, including whether the juvenile 

16 presents an imminent risk of harm to the 

17 juvenile; 

18 ‘‘(IV) the nature and circumstances of 

19 the alleged offense; 

20 ‘‘(V) the juvenile’s history of prior de21 linquent acts; 

22 ‘‘(VI) the relative ability of the avail23 able adult and juvenile detention facilities 

24 to not only meet the specific needs of the 

25 juvenile but also to protect the safety of 


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•S 860 IS

1 the public as well as other detained youth; 

2 and 

3 ‘‘(VII) any other relevant factor; and 

4 ‘‘(iii) if a court determines under subpara5 graph (A) that it is in the interest of justice to 

6 permit a juvenile to be held in any jail or lock7 up for adults— 

8 ‘‘(I) the court shall hold a hearing not 

9 less frequently than once every 30 days, or 

10 in the case of a rural jurisdiction, not less 

11 frequently than once every 45 days, to re12 view whether it is still in the interest of 

13 justice to permit the juvenile to be so held 

14 or have such sight or sound contact; and 

15 ‘‘(II) the juvenile shall not be held in 

16 any jail or lockup for adults, or permitted 

17 to have sight or sound contact with adult 

18 inmates, for more than 180 days, unless 

19 the court, in writing, determines there is 

20 good cause for an extension or the juvenile 

21 expressly waives this limitation;’’. 

22 (H) in paragraph (12)(A), by striking 

23 ‘‘contact’’ and inserting ‘‘sight or sound con24 tact’’; 


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1 (I) in paragraph (13), by striking ‘‘con2 tact’’ each place it appears and inserting ‘‘sight 

3 or sound contact’’; 

4 (J) by striking paragraphs (22) and (27); 

5 (K) by redesignating paragraph (28) as 

6 paragraph (27); 

7 (L) by redesignating paragraphs (15) 

8 through (21) as paragraphs (16) through (22), 

9 respectively; 

10 (M) by inserting after paragraph (14) the 

11 following: 

12 ‘‘(15) implement policy, practice, and system 

13 improvement strategies at the State, territorial, 

14 local, and tribal levels, as applicable, to identify and 

15 reduce racial and ethnic disparities among youth 

16 who come into contact with the juvenile justice sys17 tem, without establishing or requiring numerical 

18 standards or quotas, by— 

19 ‘‘(A) establishing or designating existing 

20 coordinating bodies, composed of juvenile jus21 tice stakeholders, (including representatives of 

22 the educational system) at the State, local, or 

23 tribal levels, to advise efforts by States, units of 

24 local government, and Indian tribes to reduce 

25 racial and ethnic disparities; 


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•S 860 IS

1 ‘‘(B) identifying and analyzing key decision 

2 points in State, local, or tribal juvenile justice 

3 systems to determine which points create racial 

4 and ethnic disparities among youth who come 

5 into contact with the juvenile justice system; 

6 and 

7 ‘‘(C) developing and implementing a work 

8 plan that includes measurable objectives for pol9 icy, practice, or other system changes, based on 

10 the needs identified in the data collection and 

11 analysis under subparagraph (B);’’; 

12 (N) in paragraph (15), as so redesig13 nated— 

14 (i) by striking ‘‘adequate system’’ and 

15 inserting ‘‘effective system’’; 

16 (ii) by inserting ‘‘lock-ups,’’ after 

17 ‘‘monitoring jails,’’; 

18 (iii) by inserting ‘‘and’’ after ‘‘deten19 tion facilities,’’; 

20 (iv) by striking ‘‘, and non-secure fa21 cilities’’; 

22 (v) by striking ‘‘insure’’ and inserting 

23 ‘‘ensure’’; 

24 (vi) by striking ‘‘requirements of 

25 paragraph (11),’’ and all that follows 


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•S 860 IS

1 through ‘‘monitoring to the Administrator’’ 

2 and inserting ‘‘core requirements are met, 

3 and for annual reporting to the Adminis4 trator’’; and 

5 (vii) by striking ‘‘, in the opinion of 

6 the Administrator,’’; 

7 (O) in paragraph (16), as so redesignated, 

8 by inserting ‘‘ethnicity,’’ after ‘‘race,’’; 

9 (P) in paragraph (21), as so redesignated, 

10 by striking ‘‘local,’’ each place the term appears 

11 and inserting ‘‘local, tribal,’’; 

12 (Q) in paragraph (23)— 

13 (i) in subparagraphs (A), (B), and 

14 (C), by striking ‘‘juvenile’’ each place it 

15 appears and inserting ‘‘status offender’’; 

16 (ii) in subparagraph (B), by striking 

17 ‘‘and’’ at the end; 

18 (iii) in subparagraph (C)— 

19 (I) in clause (i), by striking 

20 ‘‘and’’ at the end; 

21 (II) in clause (ii), by adding 

22 ‘‘and’’ at the end; and 

23 (III) by adding at the end the 

24 following: 


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•S 860 IS

1 ‘‘(iii) if such court determines the sta2 tus offender should be placed in a secure 

3 detention facility or correctional facility for 

4 violating such order— 

5 ‘‘(I) the court shall issue a writ6 ten order that— 

7 ‘‘(aa) identifies the valid 

8 court order that has been vio9 lated; 

10 ‘‘(bb) specifies the factual 

11 basis for determining that there 

12 is reasonable cause to believe 

13 that the status offender has vio14 lated such order; 

15 ‘‘(cc) includes findings of 

16 fact to support a determination 

17 that there is no appropriate less 

18 restrictive alternative available to 

19 placing the status offender in 

20 such a facility, with due consider21 ation to the best interest of the 

22 juvenile; 

23 ‘‘(dd) specifies the length of 

24 time, not to exceed 7 days, that 

25 the status offender may remain 


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•S 860 IS

1 in a secure detention facility or 

2 correctional facility, and includes 

3 a plan for the status offender’s 

4 release from such facility; and 

5 ‘‘(ee) may not be renewed or 

6 extended; and 

7 ‘‘(II) the court may not issue a 

8 second or subsequent order described 

9 in subclause (I) relating to a status 

10 offender, unless the status offender 

11 violates a valid court order after the 

12 date on which the court issues an 

13 order described in subclause (I);’’; and 

14 (iv) by adding at the end the fol15 lowing: 

16 ‘‘(D) there are procedures in place to en17 sure that any status offender held in a secure 

18 detention facility or correctional facility pursu19 ant to a court order described in this paragraph 

20 does not remain in custody longer than 7 days 

21 or the length of time authorized by the court, 

22 whichever is shorter; and 

23 ‘‘(E) not later than 3 years after the date 

24 of enactment of the Juvenile Justice and Delin25 quency Prevention Reauthorization Act of 2017, 


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1 the State will eliminate the use of valid court 

2 orders to provide secure confinement of status 

3 offenders, except that juveniles may be held in 

4 secure confinement in accordance with the 

5 Interstate Compact for Juveniles if the judge 

6 issues a written order that— 

7 ‘‘(i) specifies the factual basis to be8 lieve that the State has the authority to 

9 detain the juvenile under the terms of the 

10 Interstate Compact for Juveniles; 

11 ‘‘(ii) includes findings of fact to sup12 port a determination that there is no ap13 propriate less restrictive alternative avail14 able to placing the juvenile in such a facil15 ity, with due consideration to the best in16 terest of the juvenile; 

17 ‘‘(iii) specifies the length of time a ju18 venile may remain in secure confinement, 

19 not to exceed 15 days, and includes a plan 

20 for the return of the juvenile to the home 

21 State of the juvenile; and 

22 ‘‘(iv) may not be renewed or ex23 tended;’’; 

24 (R) in paragraph (26)— 


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1 (i) by inserting ‘‘and in accordance 

2 with confidentiality concerns,’’ after ‘‘max3 imum extent practicable,’’; and 

4 (ii) by striking the semicolon at the 

5 end and inserting the following: ‘‘, so as to 

6 provide for— 

7 ‘‘(A) data in child abuse or neglect reports 

8 relating to juveniles entering the juvenile justice 

9 system with a prior reported history of arrest, 

10 court intake, probation and parole, juvenile de11 tention, and corrections; and 

12 ‘‘(B) a plan to use the data described in 

13 subparagraph (A) to provide necessary services 

14 for the treatment of such victims of child abuse 

15 or neglect;’’; 

16 (S) in paragraph (27), as so redesignated, 

17 by striking the period at the end and inserting 

18 a semicolon; and 

19 (T) by adding at the end the following: 

20 ‘‘(28) provide for the coordinated use of funds 

21 provided under this Act with other Federal and 

22 State funds directed at juvenile delinquency preven23 tion and intervention programs; 

24 ‘‘(29) describe the policies, procedures, and 

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1 rectional facilities to eliminate the use of dangerous 

2 practices, unreasonable restraints, and unreasonable 

3 isolation, including by developing effective behavior 

4 management techniques; 

5 ‘‘(30) describe— 

6 ‘‘(A) the evidence-based methods that will 

7 be used to conduct mental health and substance 

8 abuse screening, assessment, referral, and 

9 treatment for juveniles who— 

10 ‘‘(i) request a screening; 

11 ‘‘(ii) show signs of needing a screen12 ing; or 

13 ‘‘(iii) are held for a period of more 

14 than 24 hours in a secure facility that pro15 vides for an initial screening; and 

16 ‘‘(B) how the State will seek, to the extent 

17 practicable, to provide or arrange for mental 

18 health and substance abuse disorder treatment 

19 for juveniles determined to be in need of such 

20 treatment; 

21 ‘‘(31) describe how reentry planning by the 

22 State for juveniles will include— 

23 ‘‘(A) a written case plan based on an as24 sessment of needs that includes— 


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•S 860 IS

1 ‘‘(i) the pre-release and post-release 

2 plans for the juveniles; 

3 ‘‘(ii) the living arrangement to which 

4 the juveniles are to be discharged; and 

5 ‘‘(iii) any other plans developed for 

6 the juveniles based on an individualized as7 sessment; and 

8 ‘‘(B) review processes; 

9 ‘‘(32) provide that the agency of the State re10 ceiving funds under this Act collaborate with the 

11 State educational agency receiving assistance under 

12 part A of title I of the Elementary and Secondary 

13 Education Act of 1965 (20 U.S.C. 6311 et seq.) to 

14 develop and implement a plan to ensure that, in 

15 order to support educational progress— 

16 ‘‘(A) the student records of adjudicated ju17 veniles, including electronic records if available, 

18 are transferred in a timely manner from the 

19 educational program in the juvenile detention or 

20 secure treatment facility to the educational or 

21 training program into which the juveniles will 

22 enroll; 

23 ‘‘(B) the credits of adjudicated juveniles 

24 are transferred; and 


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•S 860 IS

1 ‘‘(C) adjudicated juveniles receive full or 

2 partial credit toward high school graduation for 

3 secondary school coursework satisfactorily com4 pleted before and during the period of time dur5 ing which the juveniles are held in custody, re6 gardless of the local educational agency or enti7 ty from which the credits were earned; and 

8 ‘‘(33) describe policies and procedures to— 

9 ‘‘(A) screen for, identify, and document in 

10 records of the State the identification of victims 

11 of domestic human trafficking, or those at risk 

12 of such trafficking, upon intake; and 

13 ‘‘(B) divert youth described in subpara14 graph (A) to appropriate programs or services, 

15 to the extent practicable.’’; 

16 (2) in subsection (d)— 

17 (A) by striking ‘‘described in paragraphs 

18 (11), (12), (13), and (21) of subsection (a)’’ 

19 and inserting ‘‘described in the core require20 ments’’; and 

21 (B) by striking ‘‘the requirements under 

22 paragraphs (11), (12), (13), and (21) of sub23 section (a)’’ and inserting ‘‘the core require24 ments’’; 

25 (3) in subsection (f)(2)— 


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•S 860 IS

1 (A) by striking subparagraph (A); and 

2 (B) by redesignating subparagraphs (B) 

3 through (E) and subparagraphs (A) through 

4 (D), respectively; and 

5 (4) by adding at the end the following: 

6 ‘‘(g) COMPLIANCE DETERMINATION.— 

7 ‘‘(1) IN GENERAL.—For each fiscal year, the 

8 Administrator shall make a determination regarding 

9 whether each State receiving a grant under this Act 

10 is in compliance or out of compliance with respect to 

11 each of the core requirements. 

12 ‘‘(2) REPORTING.—The Administrator shall— 

13 ‘‘(A) issue an annual public report— 

14 ‘‘(i) describing any determination de15 scribed in paragraph (1) made during the 

16 previous year, including a summary of the 

17 information on which the determination is 

18 based and the actions to be taken by the 

19 Administrator (including a description of 

20 any reduction imposed under subsection 

21 (c)); and 

22 ‘‘(ii) for any such determination that 

23 a State is out of compliance with any of 

24 the core requirements, describing the basis 

25 for the determination; and 


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•S 860 IS

1 ‘‘(B) make the report described in sub2 paragraph (A) available on a publicly available 

3 website. 

4 ‘‘(3) DETERMINATIONS REQUIRED.—The Ad5 ministrator may not— 

6 ‘‘(A) determine that a State is ‘not out of 

7 compliance’, or issue any other determination 

8 not described in paragraph (1), with respect to 

9 any core requirement; or 

10 ‘‘(B) otherwise fail to make the compliance 

11 determinations required under paragraph (1).’’. 

12 SEC. 206. REALLOCATION OF GRANT FUNDS. 

13 Section 223(c) of the Juvenile Justice and Delin14 quency Prevention Act of 1974 (42 U.S.C. 5633(c)) is 

15 amended to read as follows: 

16 ‘‘(c)(1) If a State fails to comply with any of the core 

17 requirements in any fiscal year, then— 

18 ‘‘(A) subject to subparagraph (B), the amount 

19 allocated to such State under section 222 for the 

20 subsequent fiscal year shall be reduced by not less 

21 than 20 percent for each core requirement with re22 spect to which the failure occurs; and 

23 ‘‘(B) the State shall be ineligible to receive any 

24 allocation under such section for such fiscal year un25 less— 


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•S 860 IS

1 ‘‘(i) the State agrees to expend 50 percent 

2 of the amount allocated to the State for such 

3 fiscal year to achieve compliance with any such 

4 paragraph with respect to which the State is in 

5 noncompliance; or 

6 ‘‘(ii) the Administrator determines that the 

7 State— 

8 ‘‘(I) has achieved substantial compli9 ance with such applicable requirements 

10 with respect to which the State was not in 

11 compliance; and 

12 ‘‘(II) has made, through appropriate 

13 executive or legislative action, an unequivo14 cal commitment to achieving full compli15 ance with such applicable requirements 

16 within a reasonable time. 

17 ‘‘(2) Of the total amount of funds not allocated for 

18 a fiscal year under paragraph (1)— 

19 ‘‘(A) 50 percent of the unallocated funds shall 

20 be reallocated under section 222 to States that have 

21 not failed to comply with the core requirements; and 

22 ‘‘(B) 50 percent of the unallocated funds shall 

23 be used by the Administrator to provide additional 

24 training and technical assistance to States for the 


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•S 860 IS

1 purpose of promoting compliance with the core re2 quirements.’’. 

3 SEC. 207. AUTHORITY TO MAKE GRANTS. 

4 Section 241(a) of the Juvenile Justice and Delin5 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

6 amended— 

7 (1) in paragraph (1), by inserting ‘‘status of8 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

9 (2) in paragraph (2)(A), by inserting before the 

10 semicolon at the end the following: ‘‘, including for 

11 truancy prevention and reduction and social and 

12 independent living skills development’’; 

13 (3) in paragraph (4), by striking ‘‘State,’’ each 

14 place the term appears and inserting ‘‘State, trib15 al,’’; 

16 (4) in paragraph (5), by striking ‘‘juvenile of17 fenders and juveniles’’ and inserting ‘‘status offend18 ers, juvenile offenders, and juveniles’’; and 

19 (5) in paragraph (10), by inserting ‘‘, including 

20 juveniles with disabilities’’ before the semicolon. 

21 SEC. 208. ELIGIBILITY OF STATES. 

22 Section 243(a)(1)(A) of the Juvenile Justice and De23 linquency Prevention Act of 1974 (42 U.S.C. 

24 5653(a)(1)(A)) is amended by striking ‘‘5’’ and inserting 

25 ‘‘10’’. 


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•S 860 IS

1 SEC. 209. GRANTS TO INDIAN TRIBES. 

2 Section 246(a)(2) of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is 

4 amended— 

5 (1) by striking subparagraph (A); 

6 (2) by redesignating subparagraphs (B) 

7 through (E) as subparagraphs (A) through (D), re8 spectively; and 

9 (3) in subparagraph (B)(ii), as redesignated, by 

10 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub11 paragraph (A)’’. 

12 SEC. 210. RESEARCH AND EVALUATION; STATISTICAL 

13 ANALYSES; INFORMATION DISSEMINATION. 

14 Section 251 of the Juvenile Justice and Delinquency 

15 Prevention Act of 1974 (42 U.S.C. 5661) is amended— 

16 (1) in subsection (a)— 

17 (A) in paragraph (1)— 

18 (i) in the matter proceeding subpara19 graph (A), by striking ‘‘may’’ and inserting 

20 ‘‘shall’’; 

21 (ii) in subparagraph (A), by striking 

22 ‘‘plan and identify’’ and inserting ‘‘annu23 ally publish a plan to identify’’; and 

24 (iii) in subparagraph (B)— 

25 (I) by striking clause (iii) and in26 serting the following: 


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1 ‘‘(iii) successful efforts to prevent sta2 tus offenders and first-time minor offend3 ers from subsequent involvement with the 

4 juvenile justice and criminal justice sys5 tems;’’; 

6 (II) by striking clause (vii) and 

7 inserting the following: 

8 ‘‘(vii) the prevalence and duration of 

9 behavioral health needs (including mental 

10 health, substance abuse, and co-occurring 

11 disorders) among juveniles pre-placement 

12 and post-placement when held in the cus13 tody of secure detention and corrections fa14 cilities, including an examination of the ef15 fects of confinement;’’; 

16 (III) by redesignating clauses 

17 (ix), (x), and (xi) as clauses (xv), 

18 (xvi), and (xvii), respectively; and 

19 (IV) by inserting after clause 

20 (viii) the following: 

21 ‘‘(ix) training efforts and reforms that 

22 have produced reductions in or elimination 

23 of the use of dangerous practices; 

24 ‘‘(x) methods to improve the recruit25 ment, selection, training, and retention of 


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1 professional personnel who are focused on 

2 the prevention, identification, and treat3 ment of delinquency; 

4 ‘‘(xi) methods to improve the identi5 fication and response to victims of domes6 tic child sex trafficking within the juvenile 

7 justice system; 

8 ‘‘(xii) identifying positive outcome 

9 measures, such as attainment of employ10 ment and educational degrees, that States 

11 and units of local government should use 

12 to evaluate the success of programs aimed 

13 at reducing recidivism of youth who have 

14 come in contact with the juvenile justice 

15 system or criminal justice system; 

16 ‘‘(xiii) evaluating the impact and out17 comes of the prosecution and sentencing of 

18 juveniles as adults; 

19 ‘‘(xiv) successful and cost-effective ef20 forts by States and units of local govern21 ment to reduce recidivism through policies 

22 that provide for consideration of appro23 priate alternative sanctions to incarcer24 ation of youth facing nonviolent charges, 


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1 while ensuring that public safety is pre2 served;’’; and 

3 (B) in paragraph (4)— 

4 (i) in the matter preceding subpara5 graph (A), by striking ‘‘date of enactment 

6 of this paragraph, the’’ and inserting ‘‘date 

7 of enactment of the Juvenile Justice and 

8 Delinquency Prevention Reauthorization 

9 Act of 2017, the’’; 

10 (ii) in subparagraph (D), by inserting 

11 ‘‘and Indian tribes’’ after ‘‘State’’; 

12 (iii) in subparagraph (F), by striking 

13 ‘‘and’’ at the end; 

14 (iv) in subparagraph (G), by striking 

15 the period at the end and inserting a semi16 colon; and 

17 (v) by adding at the end the following: 

18 ‘‘(H) a description of the best practices in 

19 discharge planning; and 

20 ‘‘(I) an assessment of living arrangements 

21 for juveniles who, upon release from confine22 ment in a State correctional facility, cannot re23 turn to the residence they occupied prior to 

24 such confinement.’’; 


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1 (2) in subsection (b), in the matter preceding 

2 paragraph (1), by striking ‘‘may’’ and inserting 

3 ‘‘shall’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin6 istrator, in consultation with experts in the field of juve7 nile justice research, recidivism, and data collection, 

8 shall— 

9 ‘‘(1) establish a uniform method of data collec10 tion and technology that States may use to evaluate 

11 data on juvenile recidivism on an annual basis; 

12 ‘‘(2) establish a common national juvenile re13 cidivism measurement system; and 

14 ‘‘(3) make cumulative juvenile recidivism data 

15 that is collected from States available to the public. 

16 ‘‘(g) GAO REVIEW.—Not later than 1 year after the 

17 date of enactment of the Juvenile Justice and Delinquency 

18 Prevention Reauthorization Act of 2017, the Comptroller 

19 General of the United States shall conduct a review of 

20 available research conducted by the Attorney General, the 

21 Secretary of the Interior, and other Federal entities relat22 ing to Indian youth who may come into contact with the 

23 juvenile justice system, which shall include— 

24 ‘‘(1) an examination of the extent of Indian 

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1 cluding the number of Indian youth in Federal, 

2 State, or tribal custody or detention for offenses 

3 committed while under the age of 18; 

4 ‘‘(2) a description of the unique barriers faced 

5 by Indian tribes in providing adequate services to re6 habilitate youth who have been adjudicated as delin7 quent; and 

8 ‘‘(3) recommendations to improve effectiveness 

9 of prevention and treatment services for Indian 

10 youth who may come into contact with the juvenile 

11 justice system.’’. 

12 SEC. 211. TRAINING AND TECHNICAL ASSISTANCE. 

13 Section 252 of the Juvenile Justice and Delinquency 

14 Prevention Act of 1974 (42 U.S.C. 5662) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘may’’; 

18 (B) in paragraph (1)— 

19 (i) by inserting ‘‘shall’’ before ‘‘de20 velop and carry out projects’’; and 

21 (ii) by striking ‘‘and’’ after the semi22 colon; 

23 (C) in paragraph (2)— 

24 (i) by inserting ‘‘may’’ before ‘‘make 

25 grants to and contracts with’’; and 


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1 (ii) by striking the period and insert2 ing ‘‘; and’’; and 

3 (D) by adding at the end the following: 

4 ‘‘(3) shall provide periodic training for States 

5 regarding implementation of the core requirements, 

6 current protocols and best practices for achieving 

7 and monitoring compliance, and information sharing 

8 regarding relevant Office resources on evidence9 based and promising programs or practices that pro10 mote the purposes of this Act.’’; 

11 (2) in subsection (b)— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘may’’; 

14 (B) in paragraph (1)— 

15 (i) by inserting ‘‘shall’’ before ‘‘de16 velop and implement projects’’; 

17 (ii) by inserting ‘‘, including compli18 ance with the core requirements’’ after 

19 ‘‘this title’’; and 

20 (iii) by striking ‘‘and’’ at the end; 

21 (C) in paragraph (2)— 

22 (i) by inserting ‘‘may’’ before ‘‘make 

23 grants to and contracts with’’; and 

24 (ii) by striking the period at the end 

25 and inserting a semicolon; and 


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1 (D) by adding at the end the following: 

2 ‘‘(3) shall provide technical assistance to States 

3 and units of local government on achieving compli4 ance with the amendments to the core requirements 

5 and State Plans made by the Juvenile Justice and 

6 Delinquency Prevention Reauthorization Act of 

7 2017, including training and technical assistance 

8 and, when appropriate, pilot or demonstration 

9 projects intended to develop and replicate best prac10 tices for achieving sight and sound separation in fa11 cilities or portions of facilities that are open and 

12 available to the general public and that may or may 

13 not contain a jail or a lock-up; and 

14 ‘‘(4) shall provide technical assistance to States 

15 in support of efforts to establish partnerships be16 tween a State and a university, institution of higher 

17 education, or research center designed to improve 

18 the recruitment, selection, training, and retention of 

19 professional personnel in the fields of medicine, law 

20 enforcement, the judiciary, juvenile justice, social 

21 work and child protection, education, and other rel22 evant fields who are engaged in, or intend to work 

23 in, the field of prevention, identification, and treat24 ment of delinquency.’’; 

25 (3) in subsection (c)— 


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1 (A) by inserting ‘‘prosecutors,’’ after ‘‘pub2 lic defenders,’’; and 

3 (B) by inserting ‘‘status offenders and’’ 

4 after ‘‘needs of’’; and 

5 (4) by adding at the end the following: 

6 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARD7 ING LEGAL REPRESENTATION OF CHILDREN.—In con8 sultation with experts in the field of juvenile defense, the 

9 Administrator shall— 

10 ‘‘(1) develop and issue standards of practice for 

11 attorneys representing children; and 

12 ‘‘(2) ensure that the standards issued under 

13 paragraph (1) are adapted for use in States. 

14 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

15 LOCAL AND STATE JUVENILE DETENTION AND CORREC16 TIONS PERSONNEL.—The Administrator shall coordinate 

17 training and technical assistance programs with juvenile 

18 detention and corrections personnel of States and units 

19 of local government to— 

20 ‘‘(1) promote methods for improving conditions 

21 of juvenile confinement, including methods that are 

22 designed to minimize the use of dangerous practices, 

23 unreasonable restraints, and isolation; and 


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1 ‘‘(2) encourage alternative behavior manage2 ment techniques based on positive youth develop3 ment approaches. 

4 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO

5 SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE

6 TREATMENT INCLUDING HOME-BASED OR COMMUNITY7 BASED CARE.—The Administrator shall provide training 

8 and technical assistance, in conjunction with the appro9 priate public agencies, to individuals involved in making 

10 decisions regarding the disposition and management of 

11 cases for youth who enter the juvenile justice system about 

12 the appropriate services and placement for youth with 

13 mental health or substance abuse needs, including— 

14 ‘‘(1) juvenile justice intake personnel; 

15 ‘‘(2) probation officers; 

16 ‘‘(3) juvenile court judges and court services 

17 personnel; 

18 ‘‘(4) prosecutors and court-appointed counsel; 

19 and 

20 ‘‘(5) family members of juveniles and family ad21 vocates. 

22 ‘‘(g) GRANTS FOR JUVENILE COURT JUDGES AND

23 PERSONNEL.—The Attorney General, acting through the 

24 Office of Juvenile Justice and Delinquency Prevention and 

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1 prove training, education, technical assistance, evaluation, 

2 and research to enhance the capacity of State and local 

3 courts, judges, and related judicial personnel to— 

4 ‘‘(1) improve the lives of children currently in5 volved in or at risk of being involved in the juvenile 

6 court system; and 

7 ‘‘(2) carry out the requirements of this Act. 

8 ‘‘(h) FREE AND REDUCED PRICE SCHOOL LUNCHES

9 FOR INCARCERATED JUVENILES.—The Attorney General, 

10 in consultation with the Secretary of Agriculture, shall 

11 provide guidance to States relating to existing options for 

12 school food authorities in the States to apply for reim13 bursement for free or reduced price lunches under the 

14 Richard B. Russell National School Lunch Act (42 U.S.C. 

15 1751 et seq.) for juveniles who are incarcerated and 

16 would, if not incarcerated, be eligible for free or reduced 

17 price lunches under that Act.’’. 

18 SEC. 212. ADMINISTRATIVE AUTHORITY. 

19 Section 299A of the Juvenile Justice and Delin20 quency Prevention Act of 1974 (42 U.S.C. 5672) is 

21 amended— 

22 (1) in subsection (d)— 

23 (A) by inserting ‘‘(1)’’ before ‘‘The Admin24 istrator’’; 


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1 (B) by striking ‘‘, after appropriate con2 sultation with representatives of States and 

3 units of local government,’’; 

4 (C) by inserting ‘‘guidance,’’ after ‘‘regula5 tions,’’; and 

6 (D) by adding at the end the following: ‘‘In 

7 developing guidance and procedures, the Ad8 ministrator shall consult with representatives of 

9 States and units of local government, including 

10 those individuals responsible for administration 

11 of this Act and compliance with the core re12 quirements. 

13 ‘‘(2) The Administrator shall ensure that— 

14 ‘‘(A) reporting, compliance reporting, State 

15 plan requirements, and other similar documentation 

16 as may be required from States is requested in a 

17 manner that encourages efficiency and reduces the 

18 duplication of reporting efforts; and 

19 ‘‘(B) States meeting all the core requirements 

20 are encouraged to experiment with offering innova21 tive, data-driven programs designed to further im22 prove the juvenile justice system.’’; and 

23 (2) in subsection (e), by striking ‘‘requirements 

24 described in paragraphs (11), (12), and (13) of sec25 tion 223(a)’’ and inserting ‘‘core requirements’’. 


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1 TITLE III—INCENTIVE GRANTS 

2 FOR LOCAL DELINQUENCY 

3 PREVENTION PROGRAMS 

4 SEC. 301. DEFINITIONS. 

5 Section 502 of the Incentive Grants for Local Delin6 quency Prevention Programs Act of 2002 (42 U.S.C. 

7 5781) is amended— 

8 (1) in the section heading, by striking ‘‘DEFINI9 TION’’ and inserting ‘‘DEFINITIONS’’; and 

10 (2) by striking ‘‘this title, the term’’ and insert11 ing the following: ‘‘this title— 

12 ‘‘(1) the term ‘mentoring’ means matching 1 

13 adult with one or more youths for the purpose of 

14 providing guidance, support, and encouragement 

15 through regularly scheduled meetings for not less 

16 than 9 months; and 

17 ‘‘(2) the term’’. 

18 SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO19 GRAMS. 

20 Section 504(a) of the Incentive Grants for Local De21 linquency Prevention Programs Act of 2002 (42 U.S.C. 

22 5783(a)) is amended— 

23 (1) in paragraph (7), by striking ‘‘and’’ at the 

24 end; 


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1 (2) in paragraph (8), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(9) mentoring, parent training and support, or 

5 in-home family services programs, if such programs 

6 are evidence-based or promising.’’. 

7 SEC. 303. TECHNICAL AND CONFORMING AMENDMENT. 

8 The Juvenile Justice and Delinquency Prevention Act 

9 of 1974 is amended by striking title V, as added by the 

10 Juvenile Justice and Delinquency Prevention Act of 1974 

11 (Public Law 93–415; 88 Stat. 1133) (relating to miscella12 neous and conforming amendments). 

13 TITLE IV—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY 

16 OFFICE. 

17 (a) EVALUATION.—Not later than 1 year after the 

18 date of enactment of this Act, the Comptroller General 

19 of the United States shall— 

20 (1) conduct a comprehensive analysis and eval21 uation regarding the performance of the Office of 

22 Juvenile Justice and Delinquency Prevention (re23 ferred to in this section as ‘‘the agency’’), its func24 tions, its programs, and its grants; 


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1 (2) conduct a comprehensive audit and evalua2 tion of a selected, sample of grantees (as determined 

3 by the Comptroller General) that receive Federal 

4 funds under grant programs administered by the 

5 agency including a review of internal controls (as de6 fined in section 103 of the Juvenile Justice and De7 linquency Prevention Act of 1974 (42 U.S.C. 5603), 

8 as amended by this Act) to prevent fraud, waste, 

9 and abuse of funds by grantees; and 

10 (3) submit a report in accordance with sub11 section (d). 

12 (b) CONSIDERATIONS FOR EVALUATION.—In con13 ducting the analysis and evaluation under subsection 

14 (a)(1), and in order to document the efficiency and public 

15 benefit of the Juvenile Justice and Delinquency Preven16 tion Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 

17 Runaway and Homeless Youth Act (42 U.S.C. 5701 et 

18 seq.) and the Missing Children’s Assistance Act (42 

19 U.S.C. 5771 et seq.), the Comptroller General shall take 

20 into consideration— 

21 (1) the outcome and results of the programs 

22 carried out by the agency and those programs ad23 ministered through grants by the agency; 


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1 (2) the extent to which the agency has complied 

2 with the Government Performance and Results Act 

3 of 1993 (Public Law 103–62; 107 Stat. 285); 

4 (3) the extent to which the jurisdiction of, and 

5 the programs administered by, the agency duplicate 

6 or conflict with the jurisdiction and programs of 

7 other agencies; 

8 (4) the potential benefits of consolidating pro9 grams administered by the agency with similar or 

10 duplicative programs of other agencies, and the po11 tential for consolidating those programs; 

12 (5) whether less restrictive or alternative meth13 ods exist to carry out the functions of the agency 

14 and whether current functions or operations are im15 peded or enhanced by existing statutes, rules, and 

16 procedures; 

17 (6) the number and types of beneficiaries or 

18 persons served by programs carried out by the agen19 cy; 

20 (7) the manner with which the agency seeks 

21 public input and input from State and local govern22 ments on the performance of the functions of the 

23 agency; 


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1 (8) the extent to which the agency complies 

2 with section 552 of title 5, United States Code (com3 monly known as the Freedom of Information Act); 

4 (9) whether greater oversight is needed of pro5 grams developed with grants made by the agency; 

6 and 

7 (10) the extent to which changes are necessary 

8 in the authorizing statutes of the agency in order for 

9 the functions of the agency to be performed in a 

10 more efficient and effective manner. 

11 (c) CONSIDERATIONS FOR AUDITS.—In conducting 

12 the audit and evaluation under subsection (a)(2), and in 

13 order to document the efficiency and public benefit of the 

14 Juvenile Justice and Delinquency Prevention Act of 1974 

15 (42 U.S.C. 5601 et seq.), excluding the Runaway and 

16 Homeless Youth Act (42 U.S.C. 5701 et seq.) and the 

17 Missing Children’s Assistance Act (42 U.S.C. 5771 et 

18 seq.), the Comptroller General shall take into consider19 ation— 

20 (1) whether grantees timely file Financial Sta21 tus Reports; 

22 (2) whether grantees have sufficient internal 

23 controls to ensure adequate oversight of grant fund 

24 received; 


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1 (3) whether disbursements were accompanied 

2 with adequate supporting documentation (including 

3 invoices and receipts); 

4 (4) whether expenditures were authorized; 

5 (5) whether subrecipients of grant funds were 

6 complying with program requirements; 

7 (6) whether salaries and fringe benefits of per8 sonnel were adequately supported by documentation; 

9 (7) whether contracts were bid in accordance 

10 with program guidelines; and 

11 (8) whether grant funds were spent in accord12 ance with program goals and guidelines. 

13 (d) REPORT.— 

14 (1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this Act, the Comptroller 

16 General of the United States shall— 

17 (A) submit a report regarding the evalua18 tion conducted under subsection (a) and audit 

19 under subsection (b), to the Speaker of the 

20 House of Representatives and the President pro 

21 tempore of the Senate; and 

22 (B) make the report described in subpara23 graph (A) available to the public. 

24 (2) CONTENTS.—The report submitted in ac25 cordance with paragraph (1) shall include all audit 


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1 findings determined by the selected, statistically sig2 nificant sample of grantees as required by subsection 

3 (a)(2) and shall include the name and location of 

4 any selected grantee as well as any findings required 

5 by subsection (a)(2). 

6 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—The Juvenile Justice and Delin8 quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

9 is amended by adding at the end the following: 

10 ‘‘TITLE VI—AUTHORIZATION OF 

11 APPROPRIATIONS; ACCOUNT12 ABILITY AND OVERSIGHT 

13 ‘‘SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

14 ‘‘(a) IN GENERAL.—There are authorized to be ap15 propriated to carry out this Act— 

16 ‘‘(1) $160,000,000 for fiscal year 2017; 

17 ‘‘(2) $162,400,000 for fiscal year 2018; 

18 ‘‘(3) $164,836,000 for fiscal year 2019; 

19 ‘‘(4) $167,308,540 for fiscal year 2020; and 

20 ‘‘(5) $169,818,168 for fiscal year 2021. 

21 ‘‘(b) MENTORING PROGRAMS.—Not more than 20 

22 percent of the amount authorized to be appropriated 

23 under subsection (a) for a fiscal year may be used for 

24 mentoring programs.’’. 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 The Juvenile Justice and Delinquency Prevention Act of 

3 1974 is amended by striking— 

4 (1) section 299 (42 U.S.C. 5671); 

5 (2) section 388 (42 U.S.C. 5751); 

6 (3) section 408 (42 U.S.C. 5777); and 

7 (4) section 505 (42 U.S.C. 5784). 

8 SEC. 403. ACCOUNTABILITY AND OVERSIGHT. 

9 (a) IN GENERAL.—Title VI of the Juvenile Justice 

10 and Delinquency Prevention Act of 1974, as added by this 

11 Act, is amended by adding at the end the following: 

12 ‘‘SEC. 602. ACCOUNTABILITY AND OVERSIGHT. 

13 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con14 gress that, in order to ensure that at-risk youth and youth 

15 who come into contact with the juvenile justice system or 

16 the criminal justice system are treated fairly and the out17 come of that contact is beneficial to the Nation— 

18 ‘‘(1) the Department of Justice, through its Of19 fice of Juvenile Justice and Delinquency Prevention, 

20 must restore meaningful enforcement of the core re21 quirements in this Act; 

22 ‘‘(2) the Attorney General should, not later 

23 than 90 days after the date of enactment of this 

24 Act, issue a proposed rule to update existing Federal 

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1 minations and provide participating States with 

2 technical assistance to develop more effective and 

3 comprehensive data collection systems; and 

4 ‘‘(3) States, which are entrusted with a fiscal 

5 stewardship role if they accept funds under this Act, 

6 must exercise vigilant oversight to ensure full com7 pliance with the core requirements for juveniles pro8 vided for in this Act. 

9 ‘‘(b) ACCOUNTABILITY.— 

10 ‘‘(1) AGENCY PROGRAM REVIEW.— 

11 ‘‘(A) PROGRAMMATIC AND FINANCIAL AS12 SESSMENT.— 

13 ‘‘(i) IN GENERAL.—Not later than 60 

14 days after the date of enactment of this 

15 section, the Director of the Office of Audit, 

16 Assessment, and Management of the Office 

17 of Justice Programs at the Department of 

18 Justice (referred to in this section as the 

19 ‘Director’) shall— 

20 ‘‘(I) conduct a comprehensive 

21 analysis and evaluation of the internal 

22 controls of the Office of Juvenile Jus23 tice and Delinquency Prevention (re24 ferred to in this section as the ‘agen25 cy’) to determine if States and Indian 


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1 tribes receiving grants are following 

2 the requirements of the agency grant 

3 programs and what remedial action 

4 the agency has taken to recover any 

5 grant funds that are expended in vio6 lation of grant programs, including in7 stances where— 

8 ‘‘(aa) supporting documen9 tation was not provided for cost 

10 reports; 

11 ‘‘(bb) unauthorized expendi12 tures occurred; and 

13 ‘‘(cc) subrecipients of grant 

14 funds were not compliance with 

15 program requirements; 

16 ‘‘(II) conduct a comprehensive 

17 audit and evaluation of a selected sta18 tistically significant sample of States 

19 and Indian tribes (as determined by 

20 the Director) that have received Fed21 eral funds under this Act, including a 

22 review of internal controls to prevent 

23 fraud, waste, and abuse of funds by 

24 grantees; 


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1 ‘‘(III) submit a report in accord2 ance with clause (iv). 

3 ‘‘(ii) CONSIDERATIONS FOR EVALUA4 TIONS.—In conducting the analysis and 

5 evaluation under clause (i)(I), and in order 

6 to document the efficiency and public ben7 efit of this Act, excluding the Runaway 

8 and Homeless Youth Act and the Missing 

9 Children’s Assistance Act, the Director 

10 shall take into consideration the extent to 

11 which— 

12 ‘‘(I) greater oversight is needed 

13 of programs developed with grants 

14 made by the agency; 

15 ‘‘(II) changes are necessary in 

16 the authorizing statutes of the agency 

17 in order that the functions of the 

18 agency can be performed in a more ef19 ficient and effective manner; and 

20 ‘‘(III) the agency has imple21 mented recommendations issued by 

22 the Comptroller General or Office of 

23 Inspector General relating to the 

24 grant making and grant monitoring 

25 responsibilities of the agency. 


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1 ‘‘(iii) CONSIDERATIONS FOR AU2 DITS.—In conducting the audit and evalua3 tion under clause (i)(II), and in order to 

4 document the efficiency and public benefit 

5 of this Act, excluding the Runaway and 

6 Homeless Youth Act and the Missing Chil7 dren’s Assistance Act, the Director shall 

8 take into consideration— 

9 ‘‘(I) whether grantees timely file 

10 Financial Status Reports; 

11 ‘‘(II) whether grantees have suf12 ficient internal controls to ensure ade13 quate oversight of grant funds re14 ceived; 

15 ‘‘(III) whether grantees’ asser16 tions of compliance with the core re17 quirements were accompanied with 

18 adequate supporting documentation; 

19 ‘‘(IV) whether expenditures were 

20 authorized; 

21 ‘‘(V) whether subrecipients of 

22 grant funds were complying with pro23 gram requirements; and 


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1 ‘‘(VI) whether grant funds were 

2 spent in accordance with the program 

3 goals and guidelines. 

4 ‘‘(iv) REPORT.—The Director shall 

5 submit to Congress a report outlining the 

6 results of the analysis, evaluation, and 

7 audit conducted under clause (i), including 

8 supporting materials, to the Speaker of the 

9 House of Representatives and the Presi10 dent pro tempore of the Senate and shall 

11 make such report available to the public 

12 online, not later than 1 year after the date 

13 of enactment of this section. 

14 ‘‘(B) ANALYSIS OF INTERNAL CON15 TROLS.— 

16 ‘‘(i) IN GENERAL.—Not later than 30 

17 days after the date of enactment of this 

18 section, the Administrator shall initiate a 

19 comprehensive analysis and evaluation of 

20 the internal controls of the agency to de21 termine whether, and to what extent, 

22 States and Indian tribes that receive 

23 grants under this Act are following the re24 quirements of the grant programs author25 ized under this Act. 


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1 ‘‘(ii) REPORT.—Not later than 180 

2 days after the date of enactment of this 

3 section, the Administrator shall submit to 

4 Congress a report containing— 

5 ‘‘(I) the findings of the analysis 

6 and evaluation conducted under clause 

7 (i); 

8 ‘‘(II) a description of remedial 

9 actions, if any, that will be taken by 

10 the Administrator to enhance the in11 ternal controls of the agency and re12 coup funds that may have been ex13 pended in violation of law, regulations, 

14 or program requirements issued under 

15 this Act; and 

16 ‘‘(III) a description of— 

17 ‘‘(aa) the analysis conducted 

18 under clause (i); 

19 ‘‘(bb) whether the funds 

20 awarded under this Act have 

21 been used in accordance with 

22 law, regulations, program guid23 ance, and applicable plans; and 

24 ‘‘(cc) the extent to which 

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1 dian tribes under this Act en2 hanced the ability of grantees to 

3 fulfill the core requirements. 

4 ‘‘(C) REPORT BY THE ATTORNEY GEN5 ERAL.—Not later than 180 days after the date 

6 of enactment of this section, the Attorney Gen7 eral shall submit to the appropriate committees 

8 of Congress a report on the estimated amount 

9 of grant funds disbursed by the agency since 

10 fiscal year 2010 that did not meet the require11 ments for awards of formula grants to States 

12 under this Act. 

13 ‘‘(2) OFFICE OF INSPECTOR GENERAL PER14 FORMANCE AUDITS.— 

15 ‘‘(A) IN GENERAL.—In order to ensure the 

16 effective and appropriate use of grants adminis17 tered under this Act and to prevent waste, 

18 fraud, and abuse of funds by grantees, the In19 spector General of the Department of Justice 

20 each year shall periodically conduct audits of 

21 States and Indian tribes that receive grants 

22 under this Act. 

23 ‘‘(B) DETERMINING SAMPLES.—The sam24 ple selected for audits under subparagraph (A) 

25 shall be— 


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1 ‘‘(i) of an appropriate size to— 

2 ‘‘(I) assess the grant programs 

3 authorized under this Act; and 

4 ‘‘(II) act as a deterrent to finan5 cial mismanagement; and 

6 ‘‘(ii) selected based on— 

7 ‘‘(I) the size of the grants award8 ed to the recipient; 

9 ‘‘(II) the past grant management 

10 performance of the recipient; 

11 ‘‘(III) concerns identified by the 

12 Administrator, including referrals 

13 from the Administrator; and 

14 ‘‘(IV) such other factors as deter15 mined by the Inspector General of the 

16 Department of Justice. 

17 ‘‘(C) PUBLIC AVAILABILITY ON

18 WEBSITE.—The Attorney General shall make 

19 the summary of each review conducted under 

20 this section available on the website of the De21 partment of Justice, subject to redaction as the 

22 Attorney General determines necessary to pro23 tect classified and other sensitive information. 

24 ‘‘(D) MANDATORY EXCLUSION.—A recipi25 ent of grant funds under this Act that is found 


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1 to have an unresolved audit finding shall not be 

2 eligible to receive grant funds under this Act 

3 during the first 2 fiscal years beginning after 

4 the 12-month period beginning on the date on 

5 which the audit report is issued. 

6 ‘‘(E) PRIORITY.—In awarding grants 

7 under this Act, the Administrator shall give pri8 ority to a State or Indian tribe that did not 

9 have an unresolved audit finding during the 3 

10 fiscal years prior to the date on which the eligi11 ble entity submits an application for a grant 

12 under this Act. 

13 ‘‘(F) REIMBURSEMENT.—If a State or In14 dian tribe is awarded grant funds under this 

15 Act during the 2-fiscal-year period in which the 

16 entity is barred from receiving grants under 

17 subparagraph (I), the Attorney General shall— 

18 ‘‘(i) deposit an amount equal to the 

19 amount of the grant funds that were im20 properly awarded to the grantee into the 

21 General Fund of the Treasury; and 

22 ‘‘(ii) seek to recoup the costs of the 

23 repayment to the General Fund under 

24 clause (i) from the grantee that was erro25 neously awarded grant funds. 


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1 ‘‘(G) DEFINITION.—In this paragraph, the 

2 term ‘unresolved audit finding’ means a finding 

3 in the final audit report of the Inspector Gen4 eral— 

5 ‘‘(i) that the audited State or Indian 

6 tribe has used grant funds for an unau7 thorized expenditure or otherwise unallow8 able cost; and 

9 ‘‘(ii) that is not closed or resolved 

10 during the 12-month period beginning on 

11 the date on which the final audit report is 

12 issued. 

13 ‘‘(3) NONPROFIT ORGANIZATION REQUIRE14 MENTS.— 

15 ‘‘(A) DEFINITION.—For purposes of this 

16 paragraph and the grant programs described in 

17 this Act, the term ‘nonprofit organization’ 

18 means an organization that is described in sec19 tion 501(c)(3) of the Internal Revenue Code of 

20 1986 and is exempt from taxation under section 

21 501(a) of such Code. 

22 ‘‘(B) PROHIBITION.—The Administrator 

23 may not award a grant under any grant pro24 gram described in this Act to a nonprofit orga25 nization that holds money in offshore accounts 


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1 for the purpose of avoiding paying the tax de2 scribed in section 511(a) of the Internal Rev3 enue Code of 1986. 

4 ‘‘(C) DISCLOSURE.— 

5 ‘‘(i) IN GENERAL.—Each nonprofit or6 ganization that is awarded a grant under 

7 a grant program described in this Act and 

8 uses the procedures prescribed in regula9 tions to create a rebuttable presumption of 

10 reasonableness for the compensation of its 

11 officers, directors, trustees, and key em12 ployees, shall disclose to the Administrator, 

13 in the application for the grant, the proc14 ess for determining such compensation, in15 cluding— 

16 ‘‘(I) the independent persons in17 volved in reviewing and approving 

18 such compensation; 

19 ‘‘(II) the comparability data 

20 used; and 

21 ‘‘(III) contemporaneous substan22 tiation of the deliberation and deci23 sion. 

24 ‘‘(ii) PUBLIC INSPECTION UPON RE25 QUEST.—Upon request, the Administrator 


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1 shall make the information disclosed under 

2 clause (i) available for public inspection. 

3 ‘‘(4) CONFERENCE EXPENDITURES.— 

4 ‘‘(A) LIMITATION.—No amounts author5 ized to be appropriated to the Department of 

6 Justice under this Act may be used by the At7 torney General, or by any individual or organi8 zation awarded discretionary funds through a 

9 cooperative agreement under this Act, to host 

10 or support any expenditure for conferences that 

11 uses more than $20,000 in funds made avail12 able to the Department of Justice, unless the 

13 Deputy Attorney General or such Assistant At14 torney Generals, Directors, or principal deputies 

15 as the Deputy Attorney General may designate, 

16 provides prior written authorization that the 

17 funds may be expended to host a conference. 

18 ‘‘(B) WRITTEN APPROVAL.—Written ap19 proval under subparagraph (A) shall include a 

20 written estimate of all costs associated with the 

21 conference, including the cost of all food and 

22 beverages, audiovisual equipment, honoraria for 

23 speakers, and entertainment. 

24 ‘‘(C) REPORT.—The Deputy Attorney Gen25 eral shall submit an annual report to the ComVerDate Sep 11 2014 23:37 Apr 11, 2017 Jkt 069200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\S860.IS S860

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1 mittee on the Judiciary of the Senate and the 

2 Committee on the Judiciary of the House of 

3 Representatives on all conference expenditures 

4 approved under this paragraph. 

5 ‘‘(5) PROHIBITION ON LOBBYING ACTIVITY.— 

6 ‘‘(A) IN GENERAL.—Amounts authorized 

7 to be appropriated under this Act may not be 

8 utilized by any recipient of a grant made using 

9 such amounts to— 

10 ‘‘(i) lobby any representative of the 

11 Department of Justice regarding the 

12 award of grant funding; or 

13 ‘‘(ii) lobby any representative of a 

14 Federal, State, local, or tribal government 

15 regarding the award of grant funding. 

16 ‘‘(B) PENALTY.—If the Attorney General 

17 determines that any recipient of a grant made 

18 using amounts authorized to be appropriated 

19 under this Act has violated subparagraph (A), 

20 the Attorney General shall— 

21 ‘‘(i) require the grant recipient to 

22 repay the grant in full; and 

23 ‘‘(ii) prohibit the grant recipient from 

24 receiving another grant under this Act for 

25 not less than 5 years. 


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1 ‘‘(6) ANNUAL CERTIFICATION.—Beginning in 

2 the first fiscal year beginning after the date of en3 actment of this section, the Attorney General shall 

4 submit, to the Committee on the Judiciary and the 

5 Committee on Appropriations of the Senate and the 

6 Committee on the Judiciary and the Committee on 

7 Appropriations of the House of Representatives, an 

8 annual certification that— 

9 ‘‘(A) all audits issued by the Office of the 

10 Inspector General of the Department of Justice 

11 under paragraph (2) have been completed and 

12 reviewed by the appropriate Assistant Attorney 

13 General or Director; 

14 ‘‘(B) all mandatory exclusions required 

15 under paragraph (2)(I) have been issued; 

16 ‘‘(C) all reimbursements required under 

17 paragraph (2)(K)(i) have been made; and 

18 ‘‘(D) includes a list of any grant recipients 

19 excluded under paragraph (2)(I) during the 

20 preceding fiscal year. 

21 ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— 

22 ‘‘(1) IN GENERAL.—Before the Attorney Gen23 eral awards a grant to an applicant under this Act, 

24 the Attorney General shall compare potential grant 

25 awards with other grants awarded under this Act to 


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1 determine if duplicate grant awards are awarded for 

2 the same purpose. 

3 ‘‘(2) REPORT.—If the Attorney General awards 

4 duplicate grants to the same applicant for the same 

5 purpose the Attorney General shall submit to the 

6 Committee on the Judiciary of the Senate and the 

7 Committee on the Judiciary of the House of Rep8 resentatives a report that includes— 

9 ‘‘(A) a list of all duplicate grants awarded, 

10 including the total dollar amount of any dupli11 cate grants awarded; and 

12 ‘‘(B) the reason the Attorney General 

13 awarded the duplicative grant. 

14 ‘‘(d) COMPLIANCE WITH AUDITING STANDARDS.— 

15 The Administrator shall comply with the Generally Ac16 cepted Government Auditing Standards, published by the 

17 General Accountability Office (commonly known as the 

18 ‘Yellow Book’), in the conduct of fiscal, compliance, and 

19 programmatic audits of States.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 (1) IN GENERAL.—The Juvenile Justice and 

22 Delinquency Prevention Act of 1974 is amended by 

23 striking section 407 (42 U.S.C. 5776a). 

24 (2) EFFECTIVE DATE.—The amendment made 

25 by paragraph (1) shall take effect on the first day 


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1 of the first fiscal year beginning after the date of en2 actment of this Act. 

3 (3) SAVINGS CLAUSE.—In the case of an entity 

4 that is barred from receiving grant funds under 

5 paragraph (2) or (7)(B)(ii) of section 407 of the Ju6 venile Justice and Delinquency Prevention Act of 

7 1974 (42 U.S.C. 5776a), the amendment made by 

8 paragraph (1) of this subsection shall not affect the 

9 applicability to the entity, or to the Attorney Gen10 eral with respect to the entity, of paragraph (2), (3), 

11 or (7) of such section 407, as in effect on the day 

12 before the effective date under paragraph (2) of this 

13 subsection. 

14 TITLE V—JUVENILE ACCOUNT15 ABILITY BLOCK GRANTS 

16 SEC. 501. GRANT ELIGIBILITY. 

17 Section 1802(a) of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ee– 

19 2(a)) is amended— 

20 (1) in paragraph (1), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (2), by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(3) assurances that the State agrees to comply 

2 with the core requirements, as defined in section 103 

3 of the Juvenile Justice and Delinquency Prevention 

4 Act of 1974 (42 U.S.C. 5603), applicable to the de5 tention and confinement of juveniles.’’. 

Æ 


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