115TH CONGRESS 

1ST SESSION S. 860 

AN ACT 

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, 
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1 SECTION 1. SHORT TITLE. 

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

3 Delinquency Prevention Reauthorization Act of 2017’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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 

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. 
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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)— 

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

10 and 

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

12 (3) by amending paragraph (3) to read as fol13 lows: 

14 ‘‘(3) to assist State, tribal, and local govern15 ments in addressing juvenile crime through the pro16 vision of technical assistance, research, training, 

17 evaluation, and the dissemination of current and rel18 evant information on effective and evidence-based 

19 programs and practices for combating juvenile delin20 quency; and’’; and 

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

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

23 or promising programs (including delinquency pre24 vention, intervention, mental health and substance 

25 abuse treatment, family services, and services for 
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1 children exposed to violence) that are trauma in2 formed, reflect the science of adolescent develop3 ment, and are designed to meet the needs of at-risk 

4 youth and youth who come into contact with the jus5 tice system.’’. 

6 SEC. 102. DEFINITIONS. 

7 Section 103 of the Juvenile Justice and Delinquency 

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

9 (1) in paragraph (8)— 

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

11 ‘‘or’’ at the end; 

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

13 (C) by redesignating subparagraph (D) as 

14 subparagraph (C); 

15 (2) by amending paragraph (18) to read as fol16 lows: 

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

18 recognized Indian tribe or an Alaskan Native organi19 zation that has a law enforcement function, as deter20 mined by the Secretary of the Interior in consulta21 tion with the Attorney General;’’. 

22 (3) by amending paragraph (22) to read as fol23 lows: 

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

25 a secure facility that is used by a State, unit of local 
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1 government, or law enforcement authority to detain 

2 or confine adult inmates;’’; 

3 (4) by amending paragraph (25) to read as fol4 lows: 

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

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

7 not brief and inadvertent;’’; 

8 (5) by amending paragraph (26) to read as fol9 lows: 

10 ‘‘(26) the term ‘adult inmate’— 

11 ‘‘(A) means an individual who— 

12 ‘‘(i) has reached the age of full crimi13 nal responsibility under applicable State 

14 law; and 

15 ‘‘(ii) has been arrested and is in cus16 tody for or awaiting trial on a criminal 

17 charge, or is convicted of a criminal of18 fense; and 

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

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

21 younger than the maximum age at which a 

22 youth can be held in a juvenile facility 

23 under applicable State law; and 

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

25 custody or supervision, including post- 
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1 placement or parole supervision, of a juve2 nile correctional agency by a court of com3 petent jurisdiction or by operation of appli4 cable State law;’’; 

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

6 end; 

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

8 the end and inserting a semicolon; and 

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

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

11 ‘‘(A) means the requirements described in 

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

13 223(a); and 

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

15 requirements described in subparagraphs (A) 

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

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

18 or injection used to temporarily incapacitate a per19 son, including oleoresin capsicum spray, tear gas, 

20 and 2-chlorobenzalmalononitrile gas; 

21 ‘‘(32) the term ‘isolation’— 

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

23 is confined alone for more than 15 minutes in 

24 a room or cell; and 

25 ‘‘(B) does not include— 
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1 ‘‘(i) confinement during regularly 

2 scheduled sleeping hours; 

3 ‘‘(ii) separation based on a treatment 

4 program approved by a licensed medical or 

5 mental health professional; 

6 ‘‘(iii) confinement or separation that 

7 is requested by the youth; or 

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

9 a group in a nonlocked setting for the lim10 ited purpose of calming; 

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

12 given that term in section 591 of the Public Health 

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

14 ‘‘(34) the term ‘evidence-based’ means a pro15 gram or practice that— 

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

17 implemented with fidelity; 

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

19 empirically supported theory; 

20 ‘‘(C) has measurable outcomes relevant to 

21 juvenile justice, including a detailed description 

22 of the outcomes produced in a particular popu23 lation, whether urban or rural; and 

24 ‘‘(D) has been scientifically tested and 

25 proven effective through randomized control 
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1 studies or comparison group studies and with 

2 the ability to replicate and scale; 

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

4 practice that— 

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

6 on positive outcomes relevant to juvenile justice 

7 from one or more objective, independent, and 

8 scientifically valid evaluations, as documented 

9 in writing to the Administrator; and 

10 ‘‘(B) will be evaluated through a well-de11 signed and rigorous study, as described in para12 graph (34)(D); 

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

14 act, procedure, or program that creates an unreason15 able risk of physical injury, pain, or psychological 

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

17 or program; 

18 ‘‘(37) the term ‘screening’ means a brief proc19 ess— 

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

21 have mental health, behavioral health, sub22 stance abuse, or other needs requiring imme23 diate attention, intervention, and further eval24 uation; and 
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1 ‘‘(B) the purpose of which is to quickly 

2 identify a youth with possible mental health, be3 havioral health, substance abuse, or other needs 

4 in need of further assessment; 

5 ‘‘(38) the term ‘assessment’ includes, at a min6 imum, an interview and review of available records 

7 and other pertinent information— 

8 ‘‘(A) by an appropriately trained profes9 sional who is licensed or certified by the appli10 cable State in the mental health, behavioral 

11 health, or substance abuse fields; and 

12 ‘‘(B) which is designed to identify signifi13 cant mental health, behavioral health, or sub14 stance abuse treatment needs to be addressed 

15 during a youth’s confinement; 

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

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

18 and the juvenile justice system or criminal justice 

19 system officially intersect, including interactions 

20 with a juvenile justice, juvenile court, or law enforce21 ment official; 

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

23 ‘‘(A) understanding the impact that expo24 sure to violence and trauma have on a youth’s 
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1 physical, psychological, and psychosocial devel2 opment; 

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

4 exposed to violence and trauma and is in need 

5 of help to recover from the adverse impacts of 

6 trauma; and 

7 ‘‘(C) responding in ways that resist re8 traumatization; 

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

10 means minority youth populations are involved at a 

11 decision point in the juvenile justice system at high12 er rates, incrementally or cumulatively, than non-mi13 nority youth at that decision point; 

14 ‘‘(42) the term ‘status offender’ means a juve15 nile who is charged with or who has committed an 

16 offense that would not be criminal if committed by 

17 an adult; 

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

19 not located in a metropolitan statistical area, as de20 fined by the Office of Management and Budget; 

21 ‘‘(44) the term ‘internal controls’ means a proc22 ess implemented to provide reasonable assurance re23 garding the achievement of objectives in— 

24 ‘‘(A) effectiveness and efficiency of oper25 ations, such as grant management practices; 
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1 ‘‘(B) reliability of reporting for internal 

2 and external use; and 

3 ‘‘(C) compliance with applicable laws and 

4 regulations, as well as recommendations of the 

5 Office of Inspector General and the Government 

6 Accountability Office; and 

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

8 governing body of an Indian tribe.’’. 

9 TITLE II—JUVENILE JUSTICE 

10 AND DELINQUENCY PREVEN11 TION 

12 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

13 Section 204 of the Juvenile Justice and Delinquency 

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

15 (1) in subsection (a)— 

16 (A) in paragraph (1), in the first sen17 tence— 

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

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

20 long-term plan to improve the juvenile jus21 tice system in the United States, taking 

22 into account scientific knowledge regarding 

23 adolescent development and behavior and 

24 regarding the effects of delinquency pre25 vention programs and juvenile justice 
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1 interventions on adolescents, and shall im2 plement’’; and 

3 (ii) by striking ‘‘research, and im4 provement of the juvenile justice system in 

5 the United States’’ and inserting ‘‘and re6 search’’; and 

7 (B) in paragraph (2)(B), by striking ‘‘Fed8 eral Register’’ and all that follows and inserting 

9 ‘‘Federal Register during the 30-day period 

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

11 (2) in subsection (b)— 

12 (A) by striking paragraph (7); 

13 (B) by redesignating paragraphs (5) and 

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

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

16 following: 

17 ‘‘(5) not later than 1 year after the date of en18 actment of the Juvenile Justice and Delinquency 

19 Prevention Reauthorization Act of 2017, in consulta20 tion with Indian tribes, develop a policy for the Of21 fice of Juvenile Justice and Delinquency Prevention 

22 to collaborate with representatives of Indian tribes 

23 with a criminal justice function on the implementa24 tion of the provisions of this Act relating to Indian 

25 tribes;’’; 
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1 (D) in paragraph (6), as so redesignated, 

2 by adding ‘‘and’’ at the end; and 

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

4 (i) by striking ‘‘monitoring’’; 

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

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

7 (iii) by striking ‘‘to review the ade8 quacy of such systems; and’’ and inserting 

9 ‘‘for monitoring compliance.’’. 

10 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

11 AND DELINQUENCY PREVENTION. 

12 Section 206 of the Juvenile Justice and Delinquency 

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

14 (1) in subsection (a) 

15 (A) in paragraph (1)— 

16 (i) by inserting ‘‘the Administrator of 

17 the Substance Abuse and Mental Health 

18 Services Administration, the Secretary of 

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

20 Health and Human Services,’’; and 

21 (ii) by striking ‘‘Commissioner of Im22 migration and Naturalization’’ and insert23 ing ‘‘Assistant Secretary for Immigration 

24 and Customs Enforcement’’; and 
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1 (B) in paragraph (2), by striking ‘‘United 

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

3 and 

4 (2) in subsection (c)— 

5 (A) in paragraph (1), by striking ‘‘para6 graphs (12)(A), (13), and (14) of section 

7 223(a) of this title’’ and inserting ‘‘the core re8 quirements’’; and 

9 (B) in paragraph (2)— 

10 (i) in the matter preceding subpara11 graph (A), by inserting ‘‘, on an annual 

12 basis’’ after ‘‘collectively’’; and 

13 (ii) by striking subparagraph (B) and 

14 inserting the following: 

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

16 completion of the last meeting of the Council 

17 during any fiscal year, submit to the Committee 

18 on Education and the Workforce of the House 

19 of Representatives and the Committee on the 

20 Judiciary of the Senate a report that— 

21 ‘‘(i) contains the recommendations de22 scribed in subparagraph (A); 

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

24 activities conducted by the Council during 

25 the fiscal year, including a complete de-
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1 tailed accounting of expenses incurred by 

2 the Council to conduct operations in ac3 cordance with this section; 

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

5 the Office of Juvenile Justice and Delin6 quency Prevention, the Council, and the 

7 Department of Justice; and 

8 ‘‘(iv) is in addition to the annual re9 port required under section 207.’’. 

10 SEC. 203. ANNUAL REPORT. 

11 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

15 year’’; 

16 (2) in paragraph (1)— 

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

18 gender’’ and inserting ‘‘, gender, and ethnicity, 

19 as such term is defined by the Bureau of the 

20 Census,’’; 

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

22 ‘‘and’’ at the end; 

23 (C) in subparagraph (F)— 

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

25 ‘‘disabilities,’’; and 
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1 (ii) by striking the period at the end 

2 and inserting a semicolon; and 

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

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

5 the applicable fiscal year of the use of restraints 

6 and isolation upon juveniles held in the custody 

7 of secure detention and correctional facilities 

8 operated by a State or unit of local government; 

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

10 petitioned to court, number of status offenders 

11 held in secure detention, the findings used to 

12 justify the use of secure detention, and the av13 erage period of time a status offender was held 

14 in secure detention; 

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

16 custody and the type of living arrangement to 

17 which they are released; 

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

19 originated on school grounds, during school20 sponsored off-campus activities, or due to a re21 ferral by a school official, as collected and re22 ported by the Department of Education or simi23 lar State educational agency; and 

24 ‘‘(K) the number of juveniles in the cus25 tody of secure detention and correctional facili-
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1 ties operated by a State or unit of local govern2 ment who report being pregnant.’’; and 

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

4 ‘‘(5) A description of the criteria used to deter5 mine what programs qualify as evidence-based and 

6 promising programs under this title and title V and 

7 a comprehensive list of those programs the Adminis8 trator has determined meet such criteria in both 

9 rural and urban areas. 

10 ‘‘(6) A description of funding provided to In11 dian tribes under this Act or for a juvenile delin12 quency or prevention program under the Tribal Law 

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

14 Stat. 2261), including direct Federal grants and 

15 funding provided to Indian tribes through a State or 

16 unit of local government. 

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

18 controls at the Office of Juvenile Justice and Delin19 quency Prevention to determine if grantees are fol20 lowing the requirements of the Office of Juvenile 

21 Justice and Delinquency Prevention grant programs 

22 and what remedial action the Office of Juvenile Jus23 tice and Delinquency Prevention has taken to re24 cover any grant funds that are expended in violation 

25 of the grant programs, including instances— 
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1 ‘‘(A) in which supporting documentation 

2 was not provided for cost reports; 

3 ‘‘(B) where unauthorized expenditures oc4 curred; or 

5 ‘‘(C) where subrecipients of grant funds 

6 were not compliant with program requirements. 

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

8 amount of payments made to grantees that the Of9 fice of Juvenile Justice and Delinquency Prevention 

10 recouped from grantees that were found to be in vio11 lation of policies and procedures of the Office of Ju12 venile Justice and Delinquency Prevention grant 

13 programs, including— 

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

15 grantee; 

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

17 ‘‘(C) the amount of funds sought to be re18 couped by the Office of Juvenile Justice and 

19 Delinquency Prevention; and 

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

21 Office of Juvenile Justice and Delinquency Pre22 vention.’’. 

23 SEC. 204. ALLOCATION OF FUNDS. 

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

25 the Juvenile Justice and Delinquency Prevention Act of 
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1 1974 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 

2 percent’’ and inserting ‘‘5 percent’’. 

3 (b) OTHER ALLOCATIONS.—Section 222 of the Juve4 nile Justice and Delinquency Prevention Act of 1974 (42 

5 U.S.C. 5632) is amended— 

6 (1) in subsection (a)— 

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

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

9 on the most recent data available from the Bu10 reau of the Census’’; and 

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

12 inserting the following: 

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

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

15 $75,000,000, then— 

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

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

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

19 and 

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

21 States Virgin Islands, Guam, American Samoa, 

22 and the Commonwealth of the Northern Mar23 iana Islands for that fiscal year shall be not less 

24 than $75,000. 
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1 ‘‘(B) If the aggregate amount appropriated for 

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

3 $75,000,000, then— 

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

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

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

7 and 

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

9 States Virgin Islands, Guam, American Samoa, 

10 and the Commonwealth of the Northern Mar11 iana Islands for that fiscal year shall be not less 

12 than $100,000.’’; 

13 (2) in subsection (c), by striking ‘‘efficient ad14 ministration, including monitoring, evaluation, and 

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

16 and efficient administration of funds, including the 

17 designation of not less than 1 individual who shall 

18 coordinate efforts to achieve and sustain compliance 

19 with the core requirements and certify whether the 

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

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

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

23 percent of the’’. 
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1 SEC. 205. STATE PLANS. 

2 Section 223 of the Juvenile Justice and Delinquency 

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

4 (1) in subsection (a)— 

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

6 by striking ‘‘and shall describe the status of 

7 compliance with State plan requirements.’’ and 

8 inserting ‘‘and shall describe how the State plan 

9 is supported by or takes account of scientific 

10 knowledge regarding adolescent development 

11 and behavior and regarding the effects of delin12 quency prevention programs and juvenile justice 

13 interventions on adolescents. Not later than 60 

14 days after the date on which a plan or amended 

15 plan submitted under this subsection is final16 ized, a State shall make the plan or amended 

17 plan publicly available by posting the plan or 

18 amended plan on the State’s publicly available 

19 website.’’; 

20 (B) in paragraph (3)— 

21 (i) in subparagraph (A)— 

22 (I) in clause (i), by inserting ‘‘ad23 olescent development,’’ after ‘‘con24 cerning’’; 

25 (II) in clause (ii)— 
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1 (aa) in subclause (II), by 

2 striking ‘‘counsel for children and 

3 youth’’ and inserting ‘‘publicly 

4 supported court-appointed legal 

5 counsel for juveniles charged with 

6 an act of juvenile delinquency or 

7 a status offense, consistent with 

8 other Federal law’’; 

9 (bb) in subclause (III), by 

10 striking ‘‘mental health, edu11 cation, special education’’ and in12 serting ‘‘child and adolescent 

13 mental health, education, child 

14 and adolescent substance abuse, 

15 special education, services for 

16 youth with disabilities’’; 

17 (cc) in subclause (V), by 

18 striking ‘‘delinquents or potential 

19 delinquents’’ and inserting ‘‘de20 linquent youth or youth at risk of 

21 delinquency’’; 

22 (dd) in subclause (VI), by 

23 striking ‘‘youth workers involved 

24 with’’ and inserting ‘‘representa25 tives of’’; 
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1 (ee) in subclause (VII), by 

2 striking ‘‘and’’ at the end; 

3 (ff) by striking subclause 

4 (VIII) and inserting the fol5 lowing: 

6 ‘‘(VIII) persons, licensed or cer7 tified by the applicable State, with ex8 pertise and competence in preventing 

9 and addressing mental health and 

10 substance abuse needs in juvenile 

11 delinquents and those at-risk of delin12 quency; 

13 ‘‘(IX) representatives of victim or 

14 witness advocacy groups, including at 

15 least 1 individual with expertise in ad16 dressing the challenges of sexual 

17 abuse and exploitation and trauma; 

18 and 

19 ‘‘(X) for a State in which one or 

20 more Indian tribes are located, an In21 dian tribal representative or, if such 

22 Indian tribal representative is unavail23 able, other individual with significant 

24 expertise in tribal law enforcement 
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1 and juvenile justice in Indian tribal 

2 communities;’’; 

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

4 ‘‘24 at the time of appointment’’ and 

5 inserting ‘‘28 at the time of initial ap6 pointment’’; and 

7 (IV) in clause (v) by inserting 

8 ‘‘or, if not feasible and in appropriate 

9 circumstances, who is the parent or 

10 guardian of someone who has been or 

11 is currently under the jurisdiction of 

12 the juvenile justice system’’ after ‘‘ju13 venile justice system’’; 

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

15 ‘‘30 days’’ and inserting ‘‘45 days’’; and 

16 (iii) in subparagraph (D)(ii), by strik17 ing ‘‘at least annually recommendations re18 garding State compliance with the require19 ments of paragraphs (11), (12), and (13)’’ 

20 and inserting ‘‘at least every 2 years a re21 port and necessary recommendations re22 garding State compliance with the core re23 quirements’’; and 

24 (iv) in subparagraph (E)— 
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1 (I) in clause (i), by adding ‘‘and’’ 

2 at the end; and 

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

4 period at the end and inserting a 

5 semicolon; 

6 (C) in paragraph (5)(C), by striking ‘‘In7 dian tribes’’ and all that follows through ‘‘appli8 cable to the detention and confinement of juve9 niles’’ and inserting ‘‘Indian tribes that agree 

10 to attempt to comply with the core require11 ments applicable to the detention and confine12 ment of juveniles’’; 

13 (D) in paragraph (7)— 

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

15 ‘‘performs law enforcement functions’’ and 

16 inserting ‘‘has jurisdiction’’; and 

17 (ii) in subparagraph (B)— 

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

19 ‘‘and’’ at the end; and 

20 (II) by striking clause (iv) and 

21 inserting the following: 

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

23 detention for status offenders, juveniles 

24 who have been induced to perform com25 mercial sex acts, and others, where appro-
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1 priate, such as specialized or problem-solv2 ing courts or diversion to home-based or 

3 community-based services or treatment for 

4 those youth in need of mental health, sub5 stance abuse, or co-occurring disorder serv6 ices at the time such juveniles first come 

7 into contact with the juvenile justice sys8 tem; 

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

10 children housed in secure detention and 

11 corrections facilities who are awaiting 

12 placement in residential treatment pro13 grams; 

14 ‘‘(vi) a plan to engage family mem15 bers, where appropriate, in the design and 

16 delivery of juvenile delinquency prevention 

17 and treatment services, particularly post18 placement; 

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

20 services to respond to the needs of at-risk 

21 youth or youth who have come into contact 

22 with the juvenile justice system; 

23 ‘‘(viii) a plan to promote evidence24 based and trauma-informed programs and 

25 practices; and 
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1 ‘‘(ix) not later than 1 year after the 

2 date of enactment of the Juvenile Justice 

3 and Delinquency Prevention Reauthoriza4 tion Act of 2017, a plan, which shall be 

5 implemented not later than 2 years after 

6 the date of enactment of the Juvenile Jus7 tice and Delinquency Prevention Reauthor8 ization Act of 2017, to— 

9 ‘‘(I) eliminate the use of re10 straints of known pregnant juveniles 

11 housed in secure juvenile detention 

12 and correction facilities, during labor, 

13 delivery, and post-partum recovery, 

14 unless credible, reasonable grounds 

15 exist to believe the detainee presents 

16 an immediate and serious threat of 

17 hurting herself, staff, or others; and 

18 ‘‘(II) eliminate the use of abdom19 inal restraints, leg and ankle re20 straints, wrist restraints behind the 

21 back, and four-point restraints on 

22 known pregnant juveniles, unless— 

23 ‘‘(aa) credible, reasonable 

24 grounds exist to believe the de25 tainee presents an immediate and 
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1 serious threat of hurting herself, 

2 staff, or others; or 

3 ‘‘(bb) reasonable grounds 

4 exist to believe the detainee pre5 sents an immediate and credible 

6 risk of escape that cannot be rea7 sonably minimized through any 

8 other method;’’; 

9 (E) in paragraph (8), by striking ‘‘exist10 ing’’ and inserting ‘‘evidence-based and prom11 ising’’; 

12 (F) in paragraph (9)— 

13 (i) in the matter preceding subpara14 graph (A), by inserting ‘‘, with priority in 

15 funding given to entities meeting the cri16 teria for evidence-based or promising pro17 grams’’ after ‘‘used for’’; 

18 (ii) in subparagraph (A)(i), by insert19 ing ‘‘status offenders and other’’ before 

20 ‘‘youth who need’’; 

21 (iii) in subparagraph (B)(i)— 

22 (I) by striking ‘‘parents and 

23 other family members’’ and inserting 

24 ‘‘status offenders, other youth, and 
29 

†S 860 ES

1 the parents and other family members 

2 of such offenders and youth’’; and 

3 (II) by striking ‘‘be retained’’ 

4 and inserting ‘‘remain’’; 

5 (iv) in subparagraph (E)— 

6 (I) in the matter preceding clause 

7 (i), by striking ‘‘delinquent’’ and in8 serting ‘‘at-risk or delinquent youth’’; 

9 and 

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

11 including for truancy prevention and 

12 reduction’’ before the semicolon; 

13 (v) by redesignating subparagraphs 

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

15 through (T), respectively; 

16 (vi) in subparagraph (F), in the mat17 ter preceding clause (i), by striking ‘‘ex18 panding’’ and inserting ‘‘programs to ex19 pand’’; 

20 (vii) by inserting after subparagraph 

21 (F), the following: 

22 ‘‘(G) expanding access to publicly sup23 ported, court-appointed legal counsel and en24 hancing capacity for the competent representa-
30 

†S 860 ES

1 tion of every child, consistent with other Fed2 eral law;’’; 

3 (viii) in subparagraph (H), as so re4 designated, by striking ‘‘State,’’ each place 

5 the term appears and inserting ‘‘State, 

6 tribal,’’; 

7 (ix) in subparagraph (M), as so redes8 ignated— 

9 (I) in clause (i)— 

10 (aa) by inserting ‘‘pre-adju11 dication and’’ before ‘‘post-adju12 dication’’; 

13 (bb) by striking ‘‘restraints’’ 

14 and inserting ‘‘alternatives’’; and 

15 (cc) by inserting ‘‘specialized 

16 or problem-solving courts,’’ after 

17 ‘‘(including’’; and 

18 (II) in clause (ii)— 

19 (aa) by striking ‘‘by the pro20 vision by the Administrator’’; and 

21 (bb) by striking ‘‘to States’’; 

22 (x) in subparagraph (N), as redesig23 nated— 
31 

†S 860 ES

1 (I) by inserting ‘‘and reduce the 

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

3 and 

4 (II) by striking ‘‘so that juveniles 

5 may be retained in their homes’’; 

6 (xi) in subparagraph (S), as so redes7 ignated, by striking ‘‘and’’ at the end; 

8 (xii) in subparagraph (T), as so redes9 ignated— 

10 (I) by inserting ‘‘or co-occurring 

11 disorder’’ after ‘‘mental health’’; 

12 (II) by inserting ‘‘court-involved 

13 or’’ before ‘‘incarcerated’’; 

14 (III) by striking ‘‘suspected to 

15 be’’; 

16 (IV) by striking ‘‘and discharge 

17 plans’’ and inserting ‘‘provision of 

18 treatment, and development of dis19 charge plans’’; and 

20 (V) by striking the period at the 

21 end and inserting a semicolon; and 

22 (xiii) by inserting after subparagraph 

23 (T) the following: 

24 ‘‘(U) programs and projects designed to in25 form juveniles of the opportunity and process 
32 

†S 860 ES

1 for expunging juvenile records and to assist ju2 veniles in pursuing juvenile record expunge3 ments for both adjudications and arrests not 

4 followed by adjudications; 

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

6 girls in or at risk of entering the juvenile justice 

7 system, including pregnant girls, young moth8 ers, survivors of commercial sexual exploitation 

9 or domestic child sex trafficking, girls with dis10 abilities, and girls of color, including girls who 

11 are members of an Indian tribe; and 

12 ‘‘(W) monitoring for compliance with the 

13 core requirements and providing training and 

14 technical assistance on the core requirements to 

15 secure facilities;’’; 

16 (G) by striking paragraph (11) and insert17 ing the following: 

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

19 Administrator, provide that a juvenile shall not be 

20 placed in a secure detention facility or a secure cor21 rectional facility, if— 

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

23 committed an offense that would not be crimi24 nal if committed by an adult, excluding— 
33 

†S 860 ES

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

2 has committed a violation of section 

3 922(x)(2) of title 18, United States Code, 

4 or of a similar State law; 

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

6 or has committed a violation of a valid 

7 court order issued and reviewed in accord8 ance with paragraph (23); and 

9 ‘‘(III) a juvenile who is held in ac10 cordance with the Interstate Compact on 

11 Juveniles as enacted by the State; or 

12 ‘‘(ii) the juvenile— 

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

14 and 

15 ‘‘(II)(aa) is an alien; or 

16 ‘‘(bb) is alleged to be dependent, ne17 glected, or abused; and 

18 ‘‘(B) require that— 

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

20 of enactment of the Juvenile Justice and Delin21 quency Prevention Reauthorization Act of 2017, 

22 unless a court finds, after a hearing and in 

23 writing, that it is in the interest of justice, juve24 niles awaiting trial or other legal process who 

25 are treated as adults for purposes of prosecu-
34 

†S 860 ES

1 tion in criminal court and housed in a secure 

2 facility— 

3 ‘‘(I) shall not have sight or sound con4 tact with adult inmates; and 

5 ‘‘(II) except as provided in paragraph 

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

7 for adults; 

8 ‘‘(ii) in determining under subparagraph 

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

10 permit a juvenile to be held in any jail or lock11 up for adults, or have sight or sound contact 

12 with adult inmates, a court shall consider— 

13 ‘‘(I) the age of the juvenile; 

14 ‘‘(II) the physical and mental matu15 rity of the juvenile; 

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

17 juvenile, including whether the juvenile 

18 presents an imminent risk of harm to the 

19 juvenile; 

20 ‘‘(IV) the nature and circumstances of 

21 the alleged offense; 

22 ‘‘(V) the juvenile’s history of prior de23 linquent acts; 

24 ‘‘(VI) the relative ability of the avail25 able adult and juvenile detention facilities 
35 

†S 860 ES

1 to not only meet the specific needs of the 

2 juvenile but also to protect the safety of 

3 the public as well as other detained youth; 

4 and 

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

6 ‘‘(iii) if a court determines under subpara7 graph (A) that it is in the interest of justice to 

8 permit a juvenile to be held in any jail or lock9 up for adults— 

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

11 less frequently than once every 30 days, or 

12 in the case of a rural jurisdiction, not less 

13 frequently than once every 45 days, to re14 view whether it is still in the interest of 

15 justice to permit the juvenile to be so held 

16 or have such sight or sound contact; and 

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

18 any jail or lockup for adults, or permitted 

19 to have sight or sound contact with adult 

20 inmates, for more than 180 days, unless 

21 the court, in writing, determines there is 

22 good cause for an extension or the juvenile 

23 expressly waives this limitation;’’. 
36 

†S 860 ES

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

2 ‘‘contact’’ and inserting ‘‘sight or sound con3 tact’’; 

4 (I) in paragraph (13), by striking ‘‘con5 tact’’ each place it appears and inserting ‘‘sight 

6 or sound contact’’; 

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

8 (K) by redesignating paragraph (28) as 

9 paragraph (27); 

10 (L) by redesignating paragraphs (15) 

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

12 respectively; 

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

14 following: 

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

16 improvement strategies at the State, territorial, 

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

18 reduce racial and ethnic disparities among youth 

19 who come into contact with the juvenile justice sys20 tem, without establishing or requiring numerical 

21 standards or quotas, by— 

22 ‘‘(A) establishing or designating existing 

23 coordinating bodies, composed of juvenile jus24 tice stakeholders, (including representatives of 

25 the educational system) at the State, local, or 
37 

†S 860 ES

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

2 local government, and Indian tribes to reduce 

3 racial and ethnic disparities; 

4 ‘‘(B) identifying and analyzing key decision 

5 points in State, local, or tribal juvenile justice 

6 systems to determine which points create racial 

7 and ethnic disparities among youth who come 

8 into contact with the juvenile justice system; 

9 and 

10 ‘‘(C) developing and implementing a work 

11 plan that includes measurable objectives for pol12 icy, practice, or other system changes, based on 

13 the needs identified in the data collection and 

14 analysis under subparagraph (B);’’; 

15 (N) in paragraph (15), as so redesig16 nated— 

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

18 inserting ‘‘effective system’’; 

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

20 ‘‘monitoring jails,’’; 

21 (iii) by inserting ‘‘and’’ after ‘‘deten22 tion facilities,’’; 

23 (iv) by striking ‘‘, and non-secure fa24 cilities’’; 
38 

†S 860 ES

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

2 ‘‘ensure’’; 

3 (vi) by striking ‘‘requirements of 

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

5 through ‘‘monitoring to the Administrator’’ 

6 and inserting ‘‘core requirements are met, 

7 and for annual reporting to the Adminis8 trator’’; and 

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

10 the Administrator,’’; 

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

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

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

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

15 and inserting ‘‘local, tribal,’’; 

16 (Q) in paragraph (23)— 

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

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

19 appears and inserting ‘‘status offender’’; 

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

21 ‘‘and’’ at the end; 

22 (iii) in subparagraph (C)— 

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

24 ‘‘and’’ at the end; 
39 

†S 860 ES

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

2 ‘‘and’’ at the end; and 

3 (III) by adding at the end the 

4 following: 

5 ‘‘(iii) if such court determines the sta6 tus offender should be placed in a secure 

7 detention facility or correctional facility for 

8 violating such order— 

9 ‘‘(I) the court shall issue a writ10 ten order that— 

11 ‘‘(aa) identifies the valid 

12 court order that has been vio13 lated; 

14 ‘‘(bb) specifies the factual 

15 basis for determining that there 

16 is reasonable cause to believe 

17 that the status offender has vio18 lated such order; 

19 ‘‘(cc) includes findings of 

20 fact to support a determination 

21 that there is no appropriate less 

22 restrictive alternative available to 

23 placing the status offender in 

24 such a facility, with due consider-
40 

†S 860 ES

1 ation to the best interest of the 

2 juvenile; 

3 ‘‘(dd) specifies the length of 

4 time, not to exceed 7 days, that 

5 the status offender may remain 

6 in a secure detention facility or 

7 correctional facility, and includes 

8 a plan for the status offender’s 

9 release from such facility; and 

10 ‘‘(ee) may not be renewed or 

11 extended; and 

12 ‘‘(II) the court may not issue a 

13 second or subsequent order described 

14 in subclause (I) relating to a status 

15 offender, unless the status offender 

16 violates a valid court order after the 

17 date on which the court issues an 

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

19 (iv) by adding at the end the fol20 lowing: 

21 ‘‘(D) there are procedures in place to en22 sure that any status offender held in a secure 

23 detention facility or correctional facility pursu24 ant to a court order described in this paragraph 

25 does not remain in custody longer than 7 days 
41 

†S 860 ES

1 or the length of time authorized by the court, 

2 whichever is shorter; and’’ 

3 (R) in paragraph (26)— 

4 (i) by inserting ‘‘and in accordance 

5 with confidentiality concerns,’’ after ‘‘max6 imum extent practicable,’’; and 

7 (ii) by striking the semicolon at the 

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

9 provide for— 

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

11 relating to juveniles entering the juvenile justice 

12 system with a prior reported history of arrest, 

13 court intake, probation and parole, juvenile de14 tention, and corrections; and 

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

16 subparagraph (A) to provide necessary services 

17 for the treatment of such victims of child abuse 

18 or neglect;’’; 

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

20 by striking the period at the end and inserting 

21 a semicolon; and 

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

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

24 provided under this Act with other Federal and 
42 

†S 860 ES

1 State funds directed at juvenile delinquency preven2 tion and intervention programs; 

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

4 training in effect for the staff of juvenile State cor5 rectional facilities to eliminate the use of dangerous 

6 practices, unreasonable restraints, and unreasonable 

7 isolation, including by developing effective behavior 

8 management techniques; 

9 ‘‘(30) describe— 

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

11 be used to conduct mental health and substance 

12 abuse screening, assessment, referral, and 

13 treatment for juveniles who— 

14 ‘‘(i) request a screening; 

15 ‘‘(ii) show signs of needing a screen16 ing; or 

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

18 than 24 hours in a secure facility that pro19 vides for an initial screening; and 

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

21 practicable, to provide or arrange for mental 

22 health and substance abuse disorder treatment 

23 for juveniles determined to be in need of such 

24 treatment; 
43 

†S 860 ES

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

2 State for juveniles will include— 

3 ‘‘(A) a written case plan based on an as4 sessment of needs that includes— 

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

6 plans for the juveniles; 

7 ‘‘(ii) the living arrangement to which 

8 the juveniles are to be discharged; and 

9 ‘‘(iii) any other plans developed for 

10 the juveniles based on an individualized as11 sessment; and 

12 ‘‘(B) review processes; 

13 ‘‘(32) provide that the agency of the State re14 ceiving funds under this Act collaborate with the 

15 State educational agency receiving assistance under 

16 part A of title I of the Elementary and Secondary 

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

18 develop and implement a plan to ensure that, in 

19 order to support educational progress— 

20 ‘‘(A) the student records of adjudicated ju21 veniles, including electronic records if available, 

22 are transferred in a timely manner from the 

23 educational program in the juvenile detention or 

24 secure treatment facility to the educational or 
44 

†S 860 ES

1 training program into which the juveniles will 

2 enroll; 

3 ‘‘(B) the credits of adjudicated juveniles 

4 are transferred; and 

5 ‘‘(C) adjudicated juveniles receive full or 

6 partial credit toward high school graduation for 

7 secondary school coursework satisfactorily com8 pleted before and during the period of time dur9 ing which the juveniles are held in custody, re10 gardless of the local educational agency or enti11 ty from which the credits were earned; and 

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

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

14 records of the State the identification of victims 

15 of domestic human trafficking, or those at risk 

16 of such trafficking, upon intake; and 

17 ‘‘(B) divert youth described in subpara18 graph (A) to appropriate programs or services, 

19 to the extent practicable.’’; 

20 (2) in subsection (d)— 

21 (A) by striking ‘‘described in paragraphs 

22 (11), (12), (13), and (21) of subsection (a)’’ 

23 and inserting ‘‘described in the core require24 ments’’; and 
45 

†S 860 ES

1 (B) by striking ‘‘the requirements under 

2 paragraphs (11), (12), (13), and (21) of sub3 section (a)’’ and inserting ‘‘the core require4 ments’’; 

5 (3) in subsection (f)(2)— 

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

7 (B) by redesignating subparagraphs (B) 

8 through (E) and subparagraphs (A) through 

9 (D), respectively; and 

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

11 ‘‘(g) COMPLIANCE DETERMINATION.— 

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

13 Administrator shall make a determination regarding 

14 whether each State receiving a grant under this Act 

15 is in compliance or out of compliance with respect to 

16 each of the core requirements. 

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

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

19 ‘‘(i) describing any determination de20 scribed in paragraph (1) made during the 

21 previous year, including a summary of the 

22 information on which the determination is 

23 based and the actions to be taken by the 

24 Administrator (including a description of 
46 

†S 860 ES

1 any reduction imposed under subsection 

2 (c)); and 

3 ‘‘(ii) for any such determination that 

4 a State is out of compliance with any of 

5 the core requirements, describing the basis 

6 for the determination; and 

7 ‘‘(B) make the report described in sub8 paragraph (A) available on a publicly available 

9 website. 

10 ‘‘(3) DETERMINATIONS REQUIRED.—The Ad11 ministrator may not— 

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

13 compliance’, or issue any other determination 

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

15 any core requirement; or 

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

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

18 SEC. 206. REALLOCATION OF GRANT FUNDS. 

19 Section 223(c) of the Juvenile Justice and Delin20 quency Prevention Act of 1974 (42 U.S.C. 5633(c)) is 

21 amended to read as follows: 

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

23 requirements in any fiscal year, then— 

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

25 allocated to such State under section 222 for the 
47 

†S 860 ES

1 subsequent fiscal year shall be reduced by not less 

2 than 20 percent for each core requirement with re3 spect to which the failure occurs; and 

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

5 allocation under such section for such fiscal year un6 less— 

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

8 of the amount allocated to the State for such 

9 fiscal year to achieve compliance with any such 

10 paragraph with respect to which the State is in 

11 noncompliance; or 

12 ‘‘(ii) the Administrator determines that the 

13 State— 

14 ‘‘(I) has achieved substantial compli15 ance with such applicable requirements 

16 with respect to which the State was not in 

17 compliance; and 

18 ‘‘(II) has made, through appropriate 

19 executive or legislative action, an unequivo20 cal commitment to achieving full compli21 ance with such applicable requirements 

22 within a reasonable time. 

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

24 a fiscal year under paragraph (1)— 
48 

†S 860 ES

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

2 be reallocated under section 222 to States that have 

3 not failed to comply with the core requirements; and 

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

5 be used by the Administrator to provide additional 

6 training and technical assistance to States for the 

7 purpose of promoting compliance with the core re8 quirements.’’. 

9 SEC. 207. AUTHORITY TO MAKE GRANTS. 

10 Section 241(a) of the Juvenile Justice and Delin11 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

12 amended— 

13 (1) in paragraph (1), by inserting ‘‘status of14 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

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

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

17 truancy prevention and reduction and social and 

18 independent living skills development’’; 

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

20 place the term appears and inserting ‘‘State, trib21 al,’’; 

22 (4) in paragraph (5), by striking ‘‘juvenile of23 fenders and juveniles’’ and inserting ‘‘status offend24 ers, juvenile offenders, and juveniles’’; and 
49 

†S 860 ES

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

2 juveniles with disabilities’’ before the semicolon. 

3 SEC. 208. ELIGIBILITY OF STATES. 

4 Section 243(a)(1)(A) of the Juvenile Justice and De5 linquency Prevention Act of 1974 (42 U.S.C. 

6 5653(a)(1)(A)) is amended by striking ‘‘5’’ and inserting 

7 ‘‘10’’. 

8 SEC. 209. GRANTS TO INDIAN TRIBES. 

9 Section 246(a)(2) of the Juvenile Justice and Delin10 quency Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is 

11 amended— 

12 (1) by striking subparagraph (A); 

13 (2) by redesignating subparagraphs (B) 

14 through (E) as subparagraphs (A) through (D), re15 spectively; and 

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

17 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub18 paragraph (A)’’. 

19 SEC. 210. RESEARCH AND EVALUATION; STATISTICAL 

20 ANALYSES; INFORMATION DISSEMINATION. 

21 Section 251 of the Juvenile Justice and Delinquency 

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

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 
50 

†S 860 ES

1 (i) in the matter proceeding subpara2 graph (A), by striking ‘‘may’’ and inserting 

3 ‘‘shall’’; 

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

5 ‘‘plan and identify’’ and inserting ‘‘annu6 ally publish a plan to identify’’; and 

7 (iii) in subparagraph (B)— 

8 (I) by striking clause (iii) and in9 serting the following: 

10 ‘‘(iii) successful efforts to prevent sta11 tus offenders and first-time minor offend12 ers from subsequent involvement with the 

13 juvenile justice and criminal justice sys14 tems;’’; 

15 (II) by striking clause (vii) and 

16 inserting the following: 

17 ‘‘(vii) the prevalence and duration of 

18 behavioral health needs (including mental 

19 health, substance abuse, and co-occurring 

20 disorders) among juveniles pre-placement 

21 and post-placement when held in the cus22 tody of secure detention and corrections fa23 cilities, including an examination of the ef24 fects of confinement;’’; 
51 

†S 860 ES

1 (III) by redesignating clauses 

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

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

4 (IV) by inserting after clause 

5 (viii) the following: 

6 ‘‘(ix) training efforts and reforms that 

7 have produced reductions in or elimination 

8 of the use of dangerous practices; 

9 ‘‘(x) methods to improve the recruit10 ment, selection, training, and retention of 

11 professional personnel who are focused on 

12 the prevention, identification, and treat13 ment of delinquency; 

14 ‘‘(xi) methods to improve the identi15 fication and response to victims of domes16 tic child sex trafficking within the juvenile 

17 justice system; 

18 ‘‘(xii) identifying positive outcome 

19 measures, such as attainment of employ20 ment and educational degrees, that States 

21 and units of local government should use 

22 to evaluate the success of programs aimed 

23 at reducing recidivism of youth who have 

24 come in contact with the juvenile justice 

25 system or criminal justice system; 
52 

†S 860 ES

1 ‘‘(xiii) evaluating the impact and out2 comes of the prosecution and sentencing of 

3 juveniles as adults; 

4 ‘‘(xiv) successful and cost-effective ef5 forts by States and units of local govern6 ment to reduce recidivism through policies 

7 that provide for consideration of appro8 priate alternative sanctions to incarcer9 ation of youth facing nonviolent charges, 

10 while ensuring that public safety is pre11 served;’’; and 

12 (B) in paragraph (4)— 

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘date of enactment 

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

16 of enactment of the Juvenile Justice and 

17 Delinquency Prevention Reauthorization 

18 Act of 2017, the’’; 

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

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

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

22 ‘‘and’’ at the end; 

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

24 the period at the end and inserting a semi25 colon; and 
53 

†S 860 ES

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

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

3 discharge planning; and 

4 ‘‘(I) an assessment of living arrangements 

5 for juveniles who, upon release from confine6 ment in a State correctional facility, cannot re7 turn to the residence they occupied prior to 

8 such confinement.’’; 

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

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

11 ‘‘shall’’; and 

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

13 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Admin14 istrator, in consultation with experts in the field of juve15 nile justice research, recidivism, and data collection, 

16 shall— 

17 ‘‘(1) establish a uniform method of data collec18 tion and technology that States may use to evaluate 

19 data on juvenile recidivism on an annual basis; 

20 ‘‘(2) establish a common national juvenile re21 cidivism measurement system; and 

22 ‘‘(3) make cumulative juvenile recidivism data 

23 that is collected from States available to the public. 

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

25 date of enactment of the Juvenile Justice and Delinquency 
54 

†S 860 ES

1 Prevention Reauthorization Act of 2017, the Comptroller 

2 General of the United States shall conduct a review of 

3 available research conducted by the Attorney General, the 

4 Secretary of the Interior, and other Federal entities relat5 ing to Indian youth who may come into contact with the 

6 juvenile justice system, which shall include— 

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

8 youth involvement in the juvenile justice system, in9 cluding the number of Indian youth in Federal, 

10 State, or tribal custody or detention for offenses 

11 committed while under the age of 18; 

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

13 by Indian tribes in providing adequate services to re14 habilitate youth who have been adjudicated as delin15 quent; and 

16 ‘‘(3) recommendations to improve effectiveness 

17 of prevention and treatment services for Indian 

18 youth who may come into contact with the juvenile 

19 justice system.’’. 

20 SEC. 211. TRAINING AND TECHNICAL ASSISTANCE. 

21 Section 252 of the Juvenile Justice and Delinquency 

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

23 (1) in subsection (a)— 

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

25 by striking ‘‘may’’; 
55 

†S 860 ES

1 (B) in paragraph (1)— 

2 (i) by inserting ‘‘shall’’ before ‘‘de3 velop and carry out projects’’; and 

4 (ii) by striking ‘‘and’’ after the semi5 colon; 

6 (C) in paragraph (2)— 

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

8 grants to and contracts with’’; and 

9 (ii) by striking the period and insert10 ing ‘‘; and’’; and 

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

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

13 regarding implementation of the core requirements, 

14 current protocols and best practices for achieving 

15 and monitoring compliance, and information sharing 

16 regarding relevant Office resources on evidence17 based and promising programs or practices that pro18 mote the purposes of this Act.’’; 

19 (2) in subsection (b)— 

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

21 by striking ‘‘may’’; 

22 (B) in paragraph (1)— 

23 (i) by inserting ‘‘shall’’ before ‘‘de24 velop and implement projects’’; 
56 

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1 (ii) by inserting ‘‘, including compli2 ance with the core requirements’’ after 

3 ‘‘this title’’; and 

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

5 (C) in paragraph (2)— 

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

7 grants to and contracts with’’; and 

8 (ii) by striking the period at the end 

9 and inserting a semicolon; and 

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

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

12 and units of local government on achieving compli13 ance with the amendments to the core requirements 

14 and State Plans made by the Juvenile Justice and 

15 Delinquency Prevention Reauthorization Act of 

16 2017, including training and technical assistance 

17 and, when appropriate, pilot or demonstration 

18 projects intended to develop and replicate best prac19 tices for achieving sight and sound separation in fa20 cilities or portions of facilities that are open and 

21 available to the general public and that may or may 

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

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

24 in support of efforts to establish partnerships be25 tween a State and a university, institution of higher 
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1 education, or research center designed to improve 

2 the recruitment, selection, training, and retention of 

3 professional personnel in the fields of medicine, law 

4 enforcement, the judiciary, juvenile justice, social 

5 work and child protection, education, and other rel6 evant fields who are engaged in, or intend to work 

7 in, the field of prevention, identification, and treat8 ment of delinquency.’’; 

9 (3) in subsection (c)— 

10 (A) by inserting ‘‘prosecutors,’’ after ‘‘pub11 lic defenders,’’; and 

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

13 after ‘‘needs of’’; and 

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

15 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARD16 ING LEGAL REPRESENTATION OF CHILDREN.—In con17 sultation with experts in the field of juvenile defense, the 

18 Administrator shall— 

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

20 attorneys representing children; and 

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

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

23 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

24 LOCAL AND STATE JUVENILE DETENTION AND CORREC25 TIONS PERSONNEL.—The Administrator shall coordinate 
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1 training and technical assistance programs with juvenile 

2 detention and corrections personnel of States and units 

3 of local government to— 

4 ‘‘(1) promote methods for improving conditions 

5 of juvenile confinement, including methods that are 

6 designed to minimize the use of dangerous practices, 

7 unreasonable restraints, and isolation; and 

8 ‘‘(2) encourage alternative behavior manage9 ment techniques based on positive youth develop10 ment approaches. 

11 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO

12 SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE

13 TREATMENT INCLUDING HOME-BASED OR COMMUNITY14 BASED CARE.—The Administrator shall provide training 

15 and technical assistance, in conjunction with the appro16 priate public agencies, to individuals involved in making 

17 decisions regarding the disposition and management of 

18 cases for youth who enter the juvenile justice system about 

19 the appropriate services and placement for youth with 

20 mental health or substance abuse needs, including— 

21 ‘‘(1) juvenile justice intake personnel; 

22 ‘‘(2) probation officers; 

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

24 personnel; 
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1 ‘‘(4) prosecutors and court-appointed counsel; 

2 and 

3 ‘‘(5) family members of juveniles and family ad4 vocates. 

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

6 PERSONNEL.—The Attorney General, acting through the 

7 Office of Juvenile Justice and Delinquency Prevention and 

8 the Office of Justice Programs, shall make grants to im9 prove training, education, technical assistance, evaluation, 

10 and research to enhance the capacity of State and local 

11 courts, judges, and related judicial personnel to— 

12 ‘‘(1) improve the lives of children currently in13 volved in or at risk of being involved in the juvenile 

14 court system; and 

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

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

17 FOR INCARCERATED JUVENILES.—The Attorney General, 

18 in consultation with the Secretary of Agriculture, shall 

19 provide guidance to States relating to existing options for 

20 school food authorities in the States to apply for reim21 bursement for free or reduced price lunches under the 

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

23 1751 et seq.) for juveniles who are incarcerated and 

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

25 price lunches under that Act.’’. 
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1 SEC. 212. ADMINISTRATIVE AUTHORITY. 

2 Section 299A of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5672) is 

4 amended— 

5 (1) in subsection (d)— 

6 (A) by inserting ‘‘(1)’’ before ‘‘The Admin7 istrator’’; 

8 (B) by striking ‘‘, after appropriate con9 sultation with representatives of States and 

10 units of local government,’’; 

11 (C) by inserting ‘‘guidance,’’ after ‘‘regula12 tions,’’; and 

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

14 developing guidance and procedures, the Ad15 ministrator shall consult with representatives of 

16 States and units of local government, including 

17 those individuals responsible for administration 

18 of this Act and compliance with the core re19 quirements. 

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

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

22 plan requirements, and other similar documentation 

23 as may be required from States is requested in a 

24 manner that encourages efficiency and reduces the 

25 duplication of reporting efforts; and 
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1 ‘‘(B) States meeting all the core requirements 

2 are encouraged to experiment with offering innova3 tive, data-driven programs designed to further im4 prove the juvenile justice system.’’; and 

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

6 described in paragraphs (11), (12), and (13) of sec7 tion 223(a)’’ and inserting ‘‘core requirements’’. 

8 TITLE III—INCENTIVE GRANTS 

9 FOR LOCAL DELINQUENCY 

10 PREVENTION PROGRAMS 

11 SEC. 301. DEFINITIONS. 

12 Section 502 of the Incentive Grants for Local Delin13 quency Prevention Programs Act of 2002 (42 U.S.C. 

14 5781) is amended— 

15 (1) in the section heading, by striking ‘‘DEFINI16 TION’’ and inserting ‘‘DEFINITIONS’’; and 

17 (2) by striking ‘‘this title, the term’’ and insert18 ing the following: ‘‘this title— 

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

20 adult with one or more youths for the purpose of 

21 providing guidance, support, and encouragement 

22 through regularly scheduled meetings for not less 

23 than 9 months; and 

24 ‘‘(2) the term’’. 
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1 SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO2 GRAMS. 

3 Section 504(a) of the Incentive Grants for Local De4 linquency Prevention Programs Act of 2002 (42 U.S.C. 

5 5783(a)) is amended— 

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

7 end; 

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

9 the end and inserting ‘‘; and’’; and 

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

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

12 in-home family services programs, if such programs 

13 are evidence-based or promising.’’. 

14 SEC. 303. TECHNICAL AND CONFORMING AMENDMENT. 

15 The Juvenile Justice and Delinquency Prevention Act 

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

17 Juvenile Justice and Delinquency Prevention Act of 1974 

18 (Public Law 93–415; 88 Stat. 1133) (relating to miscella19 neous and conforming amendments). 

20 TITLE IV—MISCELLANEOUS 

21 PROVISIONS 

22 SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY 

23 OFFICE. 

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

25 date of enactment of this Act, the Comptroller General 

26 of the United States shall— 
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1 (1) conduct a comprehensive analysis and eval2 uation regarding the performance of the Office of 

3 Juvenile Justice and Delinquency Prevention (re4 ferred to in this section as ‘‘the agency’’), its func5 tions, its programs, and its grants; 

6 (2) conduct a comprehensive audit and evalua7 tion of a selected, sample of grantees (as determined 

8 by the Comptroller General) that receive Federal 

9 funds under grant programs administered by the 

10 agency including a review of internal controls (as de11 fined in section 103 of the Juvenile Justice and De12 linquency Prevention Act of 1974 (42 U.S.C. 5603), 

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

14 and abuse of funds by grantees; and 

15 (3) submit a report in accordance with sub16 section (d). 

17 (b) CONSIDERATIONS FOR EVALUATION.—In con18 ducting the analysis and evaluation under subsection 

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

20 benefit of the Juvenile Justice and Delinquency Preven21 tion Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 

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

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

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

25 into consideration— 
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1 (1) the outcome and results of the programs 

2 carried out by the agency and those programs ad3 ministered through grants by the agency; 

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

5 with the Government Performance and Results Act 

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

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

8 the programs administered by, the agency duplicate 

9 or conflict with the jurisdiction and programs of 

10 other agencies; 

11 (4) the potential benefits of consolidating pro12 grams administered by the agency with similar or 

13 duplicative programs of other agencies, and the po14 tential for consolidating those programs; 

15 (5) whether less restrictive or alternative meth16 ods exist to carry out the functions of the agency 

17 and whether current functions or operations are im18 peded or enhanced by existing statutes, rules, and 

19 procedures; 

20 (6) the number and types of beneficiaries or 

21 persons served by programs carried out by the agen22 cy; 

23 (7) the manner with which the agency seeks 

24 public input and input from State and local govern-
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1 ments on the performance of the functions of the 

2 agency; 

3 (8) the extent to which the agency complies 

4 with section 552 of title 5, United States Code (com5 monly known as the Freedom of Information Act); 

6 (9) whether greater oversight is needed of pro7 grams developed with grants made by the agency; 

8 and 

9 (10) the extent to which changes are necessary 

10 in the authorizing statutes of the agency in order for 

11 the functions of the agency to be performed in a 

12 more efficient and effective manner. 

13 (c) CONSIDERATIONS FOR AUDITS.—In conducting 

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

15 order to document the efficiency and public benefit of the 

16 Juvenile Justice and Delinquency Prevention Act of 1974 

17 (42 U.S.C. 5601 et seq.), excluding the Runaway and 

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

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

20 seq.), the Comptroller General shall take into consider21 ation— 

22 (1) whether grantees timely file Financial Sta23 tus Reports; 
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1 (2) whether grantees have sufficient internal 

2 controls to ensure adequate oversight of grant fund 

3 received; 

4 (3) whether disbursements were accompanied 

5 with adequate supporting documentation (including 

6 invoices and receipts); 

7 (4) whether expenditures were authorized; 

8 (5) whether subrecipients of grant funds were 

9 complying with program requirements; 

10 (6) whether salaries and fringe benefits of per11 sonnel were adequately supported by documentation; 

12 (7) whether contracts were bid in accordance 

13 with program guidelines; and 

14 (8) whether grant funds were spent in accord15 ance with program goals and guidelines. 

16 (d) REPORT.— 

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

18 the date of enactment of this Act, the Comptroller 

19 General of the United States shall— 

20 (A) submit a report regarding the evalua21 tion conducted under subsection (a) and audit 

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

23 House of Representatives and the President pro 

24 tempore of the Senate; and 
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1 (B) make the report described in subpara2 graph (A) available to the public. 

3 (2) CONTENTS.—The report submitted in ac4 cordance with paragraph (1) shall include all audit 

5 findings determined by the selected, statistically sig6 nificant sample of grantees as required by subsection 

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

8 any selected grantee as well as any findings required 

9 by subsection (a)(2). 

10 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IN GENERAL.—The Juvenile Justice and Delin12 quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

13 is amended by adding at the end the following: 

14 ‘‘TITLE VI—AUTHORIZATION OF 

15 APPROPRIATIONS; ACCOUNT16 ABILITY AND OVERSIGHT 

17 ‘‘SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) IN GENERAL.—There are authorized to be ap19 propriated to carry out this Act— 

20 ‘‘(1) $160,000,000 for fiscal year 2017; 

21 ‘‘(2) $162,400,000 for fiscal year 2018; 

22 ‘‘(3) $164,836,000 for fiscal year 2019; 

23 ‘‘(4) $167,308,540 for fiscal year 2020; and 

24 ‘‘(5) $169,818,168 for fiscal year 2021. 
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1 ‘‘(b) MENTORING PROGRAMS.—Not more than 20 

2 percent of the amount authorized to be appropriated 

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

4 mentoring programs.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 The Juvenile Justice and Delinquency Prevention Act of 

7 1974 is amended by striking— 

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

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

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

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

12 SEC. 403. ACCOUNTABILITY AND OVERSIGHT. 

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

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

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

16 ‘‘SEC. 602. ACCOUNTABILITY AND OVERSIGHT. 

17 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con18 gress that, in order to ensure that at-risk youth and youth 

19 who come into contact with the juvenile justice system or 

20 the criminal justice system are treated fairly and the out21 come of that contact is beneficial to the Nation— 

22 ‘‘(1) the Department of Justice, through its Of23 fice of Juvenile Justice and Delinquency Prevention, 

24 must restore meaningful enforcement of the core re25 quirements in this Act; 
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1 ‘‘(2) the Attorney General should, not later 

2 than 90 days after the date of enactment of this 

3 Act, issue a proposed rule to update existing Federal 

4 regulations used to make State compliance deter5 minations and provide participating States with 

6 technical assistance to develop more effective and 

7 comprehensive data collection systems; and 

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

9 stewardship role if they accept funds under this Act, 

10 must exercise vigilant oversight to ensure full com11 pliance with the core requirements for juveniles pro12 vided for in this Act. 

13 ‘‘(b) ACCOUNTABILITY.— 

14 ‘‘(1) AGENCY PROGRAM REVIEW.— 

15 ‘‘(A) PROGRAMMATIC AND FINANCIAL AS16 SESSMENT.— 

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

18 days after the date of enactment of this 

19 section, the Director of the Office of Audit, 

20 Assessment, and Management of the Office 

21 of Justice Programs at the Department of 

22 Justice (referred to in this section as the 

23 ‘Director’) shall— 

24 ‘‘(I) conduct a comprehensive 

25 analysis and evaluation of the internal 
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1 controls of the Office of Juvenile Jus2 tice and Delinquency Prevention (re3 ferred to in this section as the ‘agen4 cy’) to determine if States and Indian 

5 tribes receiving grants are following 

6 the requirements of the agency grant 

7 programs and what remedial action 

8 the agency has taken to recover any 

9 grant funds that are expended in vio10 lation of grant programs, including in11 stances where— 

12 ‘‘(aa) supporting documen13 tation was not provided for cost 

14 reports; 

15 ‘‘(bb) unauthorized expendi16 tures occurred; and 

17 ‘‘(cc) subrecipients of grant 

18 funds were not compliance with 

19 program requirements; 

20 ‘‘(II) conduct a comprehensive 

21 audit and evaluation of a selected sta22 tistically significant sample of States 

23 and Indian tribes (as determined by 

24 the Director) that have received Fed25 eral funds under this Act, including a 
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1 review of internal controls to prevent 

2 fraud, waste, and abuse of funds by 

3 grantees; 

4 ‘‘(III) submit a report in accord5 ance with clause (iv). 

6 ‘‘(ii) CONSIDERATIONS FOR EVALUA7 TIONS.—In conducting the analysis and 

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

9 to document the efficiency and public ben10 efit of this Act, excluding the Runaway 

11 and Homeless Youth Act and the Missing 

12 Children’s Assistance Act, the Director 

13 shall take into consideration the extent to 

14 which— 

15 ‘‘(I) greater oversight is needed 

16 of programs developed with grants 

17 made by the agency; 

18 ‘‘(II) changes are necessary in 

19 the authorizing statutes of the agency 

20 in order that the functions of the 

21 agency can be performed in a more ef22 ficient and effective manner; and 

23 ‘‘(III) the agency has imple24 mented recommendations issued by 

25 the Comptroller General or Office of 
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1 Inspector General relating to the 

2 grant making and grant monitoring 

3 responsibilities of the agency. 

4 ‘‘(iii) CONSIDERATIONS FOR AU5 DITS.—In conducting the audit and evalua6 tion under clause (i)(II), and in order to 

7 document the efficiency and public benefit 

8 of this Act, excluding the Runaway and 

9 Homeless Youth Act and the Missing Chil10 dren’s Assistance Act, the Director shall 

11 take into consideration— 

12 ‘‘(I) whether grantees timely file 

13 Financial Status Reports; 

14 ‘‘(II) whether grantees have suf15 ficient internal controls to ensure ade16 quate oversight of grant funds re17 ceived; 

18 ‘‘(III) whether grantees’ asser19 tions of compliance with the core re20 quirements were accompanied with 

21 adequate supporting documentation; 

22 ‘‘(IV) whether expenditures were 

23 authorized; 
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1 ‘‘(V) whether subrecipients of 

2 grant funds were complying with pro3 gram requirements; and 

4 ‘‘(VI) whether grant funds were 

5 spent in accordance with the program 

6 goals and guidelines. 

7 ‘‘(iv) REPORT.—The Director shall 

8 submit to Congress a report outlining the 

9 results of the analysis, evaluation, and 

10 audit conducted under clause (i), including 

11 supporting materials, to the Speaker of the 

12 House of Representatives and the Presi13 dent pro tempore of the Senate and shall 

14 make such report available to the public 

15 online, not later than 1 year after the date 

16 of enactment of this section. 

17 ‘‘(B) ANALYSIS OF INTERNAL CON18 TROLS.— 

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

20 days after the date of enactment of this 

21 section, the Administrator shall initiate a 

22 comprehensive analysis and evaluation of 

23 the internal controls of the agency to de24 termine whether, and to what extent, 

25 States and Indian tribes that receive 
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1 grants under this Act are following the re2 quirements of the grant programs author3 ized under this Act. 

4 ‘‘(ii) REPORT.—Not later than 180 

5 days after the date of enactment of this 

6 section, the Administrator shall submit to 

7 Congress a report containing— 

8 ‘‘(I) the findings of the analysis 

9 and evaluation conducted under clause 

10 (i); 

11 ‘‘(II) a description of remedial 

12 actions, if any, that will be taken by 

13 the Administrator to enhance the in14 ternal controls of the agency and re15 coup funds that may have been ex16 pended in violation of law, regulations, 

17 or program requirements issued under 

18 this Act; and 

19 ‘‘(III) a description of— 

20 ‘‘(aa) the analysis conducted 

21 under clause (i); 

22 ‘‘(bb) whether the funds 

23 awarded under this Act have 

24 been used in accordance with 
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1 law, regulations, program guid2 ance, and applicable plans; and 

3 ‘‘(cc) the extent to which 

4 funds awarded to States and In5 dian tribes under this Act en6 hanced the ability of grantees to 

7 fulfill the core requirements. 

8 ‘‘(C) REPORT BY THE ATTORNEY GEN9 ERAL.—Not later than 180 days after the date 

10 of enactment of this section, the Attorney Gen11 eral shall submit to the appropriate committees 

12 of Congress a report on the estimated amount 

13 of grant funds disbursed by the agency since 

14 fiscal year 2010 that did not meet the require15 ments for awards of formula grants to States 

16 under this Act. 

17 ‘‘(2) OFFICE OF INSPECTOR GENERAL PER18 FORMANCE AUDITS.— 

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

20 effective and appropriate use of grants adminis21 tered under this Act and to prevent waste, 

22 fraud, and abuse of funds by grantees, the In23 spector General of the Department of Justice 

24 each year shall periodically conduct audits of 
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1 States and Indian tribes that receive grants 

2 under this Act. 

3 ‘‘(B) DETERMINING SAMPLES.—The sam4 ple selected for audits under subparagraph (A) 

5 shall be— 

6 ‘‘(i) of an appropriate size to— 

7 ‘‘(I) assess the grant programs 

8 authorized under this Act; and 

9 ‘‘(II) act as a deterrent to finan10 cial mismanagement; and 

11 ‘‘(ii) selected based on— 

12 ‘‘(I) the size of the grants award13 ed to the recipient; 

14 ‘‘(II) the past grant management 

15 performance of the recipient; 

16 ‘‘(III) concerns identified by the 

17 Administrator, including referrals 

18 from the Administrator; and 

19 ‘‘(IV) such other factors as deter20 mined by the Inspector General of the 

21 Department of Justice. 

22 ‘‘(C) PUBLIC AVAILABILITY ON

23 WEBSITE.—The Attorney General shall make 

24 the summary of each review conducted under 

25 this section available on the website of the De-
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1 partment of Justice, subject to redaction as the 

2 Attorney General determines necessary to pro3 tect classified and other sensitive information. 

4 ‘‘(D) MANDATORY EXCLUSION.—A recipi5 ent of grant funds under this Act that is found 

6 to have an unresolved audit finding shall not be 

7 eligible to receive grant funds under this Act 

8 during the first 2 fiscal years beginning after 

9 the 12-month period beginning on the date on 

10 which the audit report is issued. 

11 ‘‘(E) PRIORITY.—In awarding grants 

12 under this Act, the Administrator shall give pri13 ority to a State or Indian tribe that did not 

14 have an unresolved audit finding during the 3 

15 fiscal years prior to the date on which the eligi16 ble entity submits an application for a grant 

17 under this Act. 

18 ‘‘(F) REIMBURSEMENT.—If a State or In19 dian tribe is awarded grant funds under this 

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

21 entity is barred from receiving grants under 

22 subparagraph (I), the Attorney General shall— 

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

24 amount of the grant funds that were im-
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1 properly awarded to the grantee into the 

2 General Fund of the Treasury; and 

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

4 repayment to the General Fund under 

5 clause (i) from the grantee that was erro6 neously awarded grant funds. 

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

8 term ‘unresolved audit finding’ means a finding 

9 in the final audit report of the Inspector Gen10 eral— 

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

12 tribe has used grant funds for an unau13 thorized expenditure or otherwise unallow14 able cost; and 

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

16 during the 12-month period beginning on 

17 the date on which the final audit report is 

18 issued. 

19 ‘‘(3) NONPROFIT ORGANIZATION REQUIRE20 MENTS.— 

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

22 paragraph and the grant programs described in 

23 this Act, the term ‘nonprofit organization’ 

24 means an organization that is described in sec25 tion 501(c)(3) of the Internal Revenue Code of 
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1 1986 and is exempt from taxation under section 

2 501(a) of such Code. 

3 ‘‘(B) PROHIBITION.—The Administrator 

4 may not award a grant under any grant pro5 gram described in this Act to a nonprofit orga6 nization that holds money in offshore accounts 

7 for the purpose of avoiding paying the tax de8 scribed in section 511(a) of the Internal Rev9 enue Code of 1986. 

10 ‘‘(C) DISCLOSURE.— 

11 ‘‘(i) IN GENERAL.—Each nonprofit or12 ganization that is awarded a grant under 

13 a grant program described in this Act and 

14 uses the procedures prescribed in regula15 tions to create a rebuttable presumption of 

16 reasonableness for the compensation of its 

17 officers, directors, trustees, and key em18 ployees, shall disclose to the Administrator, 

19 in the application for the grant, the proc20 ess for determining such compensation, in21 cluding— 

22 ‘‘(I) the independent persons in23 volved in reviewing and approving 

24 such compensation; 
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1 ‘‘(II) the comparability data 

2 used; and 

3 ‘‘(III) contemporaneous substan4 tiation of the deliberation and deci5 sion. 

6 ‘‘(ii) PUBLIC INSPECTION UPON RE7 QUEST.—Upon request, the Administrator 

8 shall make the information disclosed under 

9 clause (i) available for public inspection. 

10 ‘‘(4) CONFERENCE EXPENDITURES.— 

11 ‘‘(A) LIMITATION.—No amounts author12 ized to be appropriated to the Department of 

13 Justice under this Act may be used by the At14 torney General, or by any individual or organi15 zation awarded discretionary funds through a 

16 cooperative agreement under this Act, to host 

17 or support any expenditure for conferences that 

18 uses more than $20,000 in funds made avail19 able to the Department of Justice, unless the 

20 Deputy Attorney General or such Assistant At21 torney Generals, Directors, or principal deputies 

22 as the Deputy Attorney General may designate, 

23 provides prior written authorization that the 

24 funds may be expended to host a conference. 
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1 ‘‘(B) WRITTEN APPROVAL.—Written ap2 proval under subparagraph (A) shall include a 

3 written estimate of all costs associated with the 

4 conference, including the cost of all food and 

5 beverages, audiovisual equipment, honoraria for 

6 speakers, and entertainment. 

7 ‘‘(C) REPORT.—The Deputy Attorney Gen8 eral shall submit an annual report to the Com9 mittee on the Judiciary of the Senate and the 

10 Committee on the Judiciary of the House of 

11 Representatives on all conference expenditures 

12 approved under this paragraph. 

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

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

15 to be appropriated under this Act may not be 

16 utilized by any recipient of a grant made using 

17 such amounts to— 

18 ‘‘(i) lobby any representative of the 

19 Department of Justice regarding the 

20 award of grant funding; or 

21 ‘‘(ii) lobby any representative of a 

22 Federal, State, local, or tribal government 

23 regarding the award of grant funding. 

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

25 determines that any recipient of a grant made 
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1 using amounts authorized to be appropriated 

2 under this Act has violated subparagraph (A), 

3 the Attorney General shall— 

4 ‘‘(i) require the grant recipient to 

5 repay the grant in full; and 

6 ‘‘(ii) prohibit the grant recipient from 

7 receiving another grant under this Act for 

8 not less than 5 years. 

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

10 the first fiscal year beginning after the date of en11 actment of this section, the Attorney General shall 

12 submit, to the Committee on the Judiciary and the 

13 Committee on Appropriations of the Senate and the 

14 Committee on the Judiciary and the Committee on 

15 Appropriations of the House of Representatives, an 

16 annual certification that— 

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

18 Inspector General of the Department of Justice 

19 under paragraph (2) have been completed and 

20 reviewed by the appropriate Assistant Attorney 

21 General or Director; 

22 ‘‘(B) all mandatory exclusions required 

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

24 ‘‘(C) all reimbursements required under 

25 paragraph (2)(K)(i) have been made; and 
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1 ‘‘(D) includes a list of any grant recipients 

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

3 preceding fiscal year. 

4 ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— 

5 ‘‘(1) IN GENERAL.—Before the Attorney Gen6 eral awards a grant to an applicant under this Act, 

7 the Attorney General shall compare potential grant 

8 awards with other grants awarded under this Act to 

9 determine if duplicate grant awards are awarded for 

10 the same purpose. 

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

12 duplicate grants to the same applicant for the same 

13 purpose the Attorney General shall submit to the 

14 Committee on the Judiciary of the Senate and the 

15 Committee on the Judiciary of the House of Rep16 resentatives a report that includes— 

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

18 including the total dollar amount of any dupli19 cate grants awarded; and 

20 ‘‘(B) the reason the Attorney General 

21 awarded the duplicative grant. 

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

23 The Administrator shall comply with the Generally Ac24 cepted Government Auditing Standards, published by the 

25 General Accountability Office (commonly known as the 
84 

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

2 programmatic audits of States.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

5 Delinquency Prevention Act of 1974 is amended by 

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

7 (2) EFFECTIVE DATE.—The amendment made 

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

9 of the first fiscal year beginning after the date of en10 actment of this Act. 

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

12 that is barred from receiving grant funds under 

13 paragraph (2) or (7)(B)(ii) of section 407 of the Ju14 venile Justice and Delinquency Prevention Act of 

15 1974 (42 U.S.C. 5776a), the amendment made by 

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

17 applicability to the entity, or to the Attorney Gen18 eral with respect to the entity, of paragraph (2), (3), 

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

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

21 subsection. 
85 

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1 TITLE V—JUVENILE ACCOUNT2 ABILITY BLOCK GRANTS 

3 SEC. 501. GRANT ELIGIBILITY. 

4 Section 1802(a) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ee– 

6 2(a)) is amended— 

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

8 end; 

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

10 the end and inserting ‘‘; and’’; and 

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

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

13 with the core requirements, as defined in section 103 

14 of the Juvenile Justice and Delinquency Prevention 

15 Act of 1974 (42 U.S.C. 5603), applicable to the de16 tention and confinement of juveniles.’’. 

Passed the Senate August 1, 2017. 

Attest: 

Secretary. 
115TH CONGRESS 

1ST SESSION S. 860 

AN ACT 

To reauthorize and improve the Juvenile Justice 

other purposes. and Delinquency Prevention Act of 1974, and for