```

[Senate Report 114-181]
[From the U.S. Government Publishing Office]

                                                      Calendar No. 325
114th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {     114-181

======================================================================

 
JUVENILE JUSTICE AND DELINQUENCY PREVENTION REAUTHORIZATION ACT OF 2015

                                _______
                                

               December 15, 2015.--Ordered to be printed

                                _______
                                

          Mr. Grassley, from the Committee on the Judiciary, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1169]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 1169), to reauthorize and improve the Juvenile Justice 
and Delinquency Prevention Act of 1974, and for other purposes, 
having considered the same, reports favorably thereon, with an 
amendment, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Juvenile Justice and Delinquency 
     Prevention Reauthorization Act...................................1
 II. History of the Bill and Committee Consideration..................6
III. Section-by-Section Summary of the Bill...........................8
 IV. Congressional Budget Office Cost Estimate.......................15
  V. Regulatory Impact Evaluation....................................16
 VI. Conclusion......................................................16
VII. Changes to Existing Law Made by the Bill, as Reported...........16

   I. Background and Purpose of the Juvenile Justice and Delinquency 
                 Prevention Reauthorization Act of 2015

               A. BACKGROUND AND NEED FOR THE LEGISLATION

    Congress passed the Juvenile Justice and Delinquency 
Prevention Act of 1974 (``JJDPA'') to help States and local 
communities improve their juvenile justice systems and reduce 
juvenile delinquency. Since its enactment, this statute has 
equipped jurisdictions across the nation with significant 
resources to help reduce recidivism among juvenile offenders 
and promote the rehabilitation of at-risk youths.
    The original JJDPA, which was last reauthorized in 2002, 
established the Office of Juvenile Justice and Delinquency 
Prevention (``OJJDP'') within the U.S. Department of Justice 
(``DOJ'') to coordinate and carry out juvenile justice 
activities nationwide. The 1974 law also authorized both 
discretionary and formula grants to assist States with their 
juvenile justice programs and activities. Finally, the original 
JJDPA set forth core requirements--designed to reduce 
delinquency and ensure the safety of juveniles in detention--
with which States had to comply in order to receive these grant 
funds.\1\ The JJDPA has been reauthorized on numerous occasions 
since 1974, but it has not undergone major changes in over a 
decade.
---------------------------------------------------------------------------
    \1\``The original JJDPA included two core requirements, or 
mandates, that states had to adhere to in order to receive formula 
grant funding. Subsequent revisions to the JJDPA expanded the list of 
core mandates to the four that exist today. . . . Failure to adhere to 
these requirements will result in a 20% reduction of funding for each 
of the four mandates with which the state is not in compliance. 
Additionally, the state will be ineligible for future funding unless 
the state agrees to spend 50% of the allocated funding to achiev[e] 
compliance with whichever mandate it is noncompliant with; the 
Administrator of OJJDP determines that the state has achieved 
`substantial compliance'; or the state has demonstrated an `unequivocal 
commitment to achieving full compliance with such applicable 
requirements within a reasonable time.''' Kristin Finklea, 
Congressional Research Service, ``Juvenile Justice: Legislative History 
and Current Legislative Issues,'' Report RL33947 (July 14, 2015) 
(footnote omitted).
---------------------------------------------------------------------------
    The Juvenile Justice and Delinquency Prevention 
Reauthorization Act of 2015 (``the Act'') not only continues 
the funding authorization for some of the key JJDPA programs 
that expired over eight years ago, but also makes significant 
changes to the statute that reflect scientific research on what 
efforts yield the best outcomes with at-risk adolescents. It 
would advance the goals of holding individuals responsible for 
their actions while also ensuring the safety and rehabilitation 
of youths who come into contact with the juvenile justice 
system. The Act, which has been endorsed by over 150 
organizations and has the support of a bipartisan group of 
cosponsors, also incorporates reforms to promote greater 
accountability in the expenditure of Federal grant funds for 
juvenile justice activities.
    S. 1169 calls for continued congressional support of the 
State programs and initiatives across the country that serve up 
to 60,000 youth in detention on any given day. To this end, 
this legislation ensures the continued availability of Federal 
formula grants for States to improve their juvenile justice 
systems as well as Federal discretionary grants for communities 
to implement programs that deter youth from entering the 
juvenile justice system. It authorizes at least $160 million 
annually in each of the next five years for these purposes.
    The Act also updates the law's State formula grant 
requirements to reflect findings by experts in the fields of 
adolescent development and juvenile justice. Priority in 
funding will be accorded to juvenile justice programs that 
incorporate evidence-based practices, thereby ensuring the most 
efficient use of scarce Federal resources. To promote 
juveniles' rehabilitation, States receiving formula grants are 
encouraged to enable juveniles in detention to pursue their 
education and to screen such juveniles for mental illness or 
substance abuse issues. States receiving formula grant funds 
must phase out the shackling of pregnant girls in detention as 
well as the jailing of juveniles for so-called ``status 
offenses''--such as chronic truancy, running away from home, 
ungovernability, or curfew violations--which would not result 
in criminal penalties if committed by adults.
    Finally, the Act incorporates important reforms that will 
increase accountability in government spending and clarify the 
standards for State compliance with the JJDPA's core 
requirements. An investigation of whistleblowers' claims by the 
Committee suggests that accountability and noncompliance issues 
plague OJJDP's administration of juvenile justice grants: 
several States continued to receive formula grant funds from 
OJJDP, even though they habitually fell short of complying with 
the JJDPA's core requirements.
    OJJDP, which is charged with oversight of juvenile justice 
grant awards to States, concedes that the policy it has had in 
place since 1997, by which States could receive Federal grant 
funds despite violations of these core requirements, is 
inconsistent with the statute. The result is that States were 
able to evade Federal grant requirements that might have 
ensured better outcomes for at-risk youth or youth in 
detention. With this reauthorization measure, the Committee 
seeks to ensure better compliance on the part of States 
receiving formula grants, as well as accountability, on the 
part of OJJDP, with respect to the JJDPA's requirements for 
grant program participants.
    To ensure more effective and efficient use of Federal tax 
dollars, the Committee has made substantial changes to the 
JJDPA with this reauthorization measure.

             B. SIGNIFICANT CHANGES IN THIS REAUTHORIZATION

    This Act updates the JJDPA in three major ways. First, it 
seeks to promote greater reliance on evidence-based and 
promising practices that have been shown to reduce delinquency 
among at-risk juveniles. Second, this measure would enhance 
accountability and oversight in government spending through 
enhanced reporting and accountability requirements for 
recipients of Federal grants. Third, the legislation would 
promote the rehabilitation of youthful offenders by encouraging 
States to support the continued education of juveniles in 
detention, divert certain nonviolent juvenile offenders to 
community based or faith based programs, and improve the 
response to juvenile offenders with mental illnesses or 
substance abuse issues.

1. Application of evidence-based approaches

    To promote the most efficient use of taxpayer-funded 
grants, this reauthorization measure calls for OJJDP to 
identify evidence-based and promising practices. S. 1169 also 
encourages OJJDP to assist State and local governments in 
reducing juvenile delinquency by providing technical 
assistance, conducting research and evaluation, offering 
training, and disseminating relevant, up-to-date information on 
evidence-based programs and practices.
    S. 1169 defines an ``evidence-based'' program or practice 
as one that is demonstrated to be effective when implemented 
with fidelity, is based on a clearly articulated and 
empirically supported theory, has measurable outcomes, 
including a detailed description of the outcomes produced, and 
has been scientifically tested through randomized control or 
comparison studies. It defines a ``promising'' program or 
practice as one that is demonstrated to be effective based on 
positive outcomes from one or more objective, independent, and 
scientifically valid evaluations. According funding priority to 
evidence-based and promising practices, as this Act requires, 
will reduce Government waste and ensure better adherence to 
practices with a proven track record of positive outcomes.

2. Ensuring accountability and compliance with core requirements

    The JJDPA's most recent congressional authorization expired 
in 2007. Even though the JJDPA's provisions have expired, the 
State formula grants program and related juvenile delinquency 
prevention activities have continued to receive annual 
congressional appropriations. As long as the Federal Government 
continues to play a role in this sphere by making funds 
available to support the improvement of States' juvenile 
delinquency programs and juvenile justice activities,--it is 
vitally important to ensure there is accountability and 
transparency in how these Federal tax dollars are spent.
    In the last JJDPA authorization, Congress affirmed its 
support for the four core requirements with which States must 
comply in order to receive State formula grants. These include:
           ``Deinstitutionalization of Status 
        Offenders,'' or the requirement that juveniles who have 
        committed a status offense or who have not been charged 
        with an offense cannot be put in secure detention or 
        secure correctional facilities;
           ``Sight and Sound Separation,'' or the 
        prohibition on detention or confinement of a juvenile 
        in an adult facility in which the juvenile would have 
        extensive contact with an adult inmate;
           ``Adult Jail and Lockup Removal,'' or the 
        prohibition on the detention or confinement of 
        juveniles in an adult facility, except if the juveniles 
        are accused of non-status offenses (in which case such 
        juveniles may be detained for no longer than six hours 
        while being processed or awaiting release, transfer to 
        a juvenile facility, or a court appearance);\2\
---------------------------------------------------------------------------
    \2\Additionally, juveniles in rural locations may be held for up to 
48 hours while awaiting their initial court appearance; but juveniles 
held in adult jails or lockups in both rural areas and urban areas are 
not to have contact with adult inmates. Kristin Finklea, Congressional 
Research Service, ``Juvenile Justice: Legislative History and Current 
Legislative Issues,'' Report RL33947 (July 14, 2015).
---------------------------------------------------------------------------
           ``Disproportionate Minority Contact'' (DMC), 
        which is the requirement that States show they are 
        implementing policies and practices to identify and 
        reduce--without imposing numerical standards or 
        quotas--racial disparities among youth in their 
        juvenile justice systems.
    The Committee is troubled by reports from several 
whistleblowers that OJJDP allowed noncompliant States to 
receive formula grant funds without demonstrating compliance 
with these core requirements. Such a practice, which the 
Committee determined continued for years, threatens to 
undermine the legitimacy of the State formula grant program as 
well as the fair treatment of juveniles who come into contact 
with the juvenile justice and/or criminal justice systems.
    This legislation seeks to restore meaningful enforcement of 
these four core requirements in several ways. First, it calls 
on DOJ to provide States with technical assistance to develop 
effective and comprehensive data systems, which is important to 
oversight and accountability. Second, it calls on DOJ to update 
its regulatory requirements for State compliance monitoring. 
Third, it compels the OJJDP Administrator as well as auditors 
within DOJ's Office of Justice Programs to undertake a 
comprehensive evaluation of OJJDP's internal controls to 
determine whether, and to what extent, State and tribal 
grantees are meeting OJJDP's grant program requirements. 
Fourth, each State participating in the formula grant program 
must designate an individual to coordinate the State's efforts 
to achieve compliance with core requirements and affirmatively 
certify to the State's compliance with formula grant 
requirements. Finally, both the Office of Justice Programs and 
DOJ's Office of Inspector General must periodically conduct 
audits of State and tribal jurisdictions receiving grants under 
this Act; the Comptroller General of the United States must 
initiate a comprehensive evaluation of OJJDP's performance. The 
purpose of imposing these requirements is to promote vigilant 
oversight, by the Justice Department and its components, of 
formula grant recipients and to ensure that participating 
jurisdictions fully adhere to regulatory and statutory grant 
requirements.
    To promote transparency, S. 1169 requires that the Attorney 
General post an online summary of each review that is required 
under this Act. The Attorney General also must report to 
Congress on the estimated amount of grant funds disbursed by 
DOJ since fiscal year 2010 that did not meet this Act's 
requirements for formula grant awards. The OJJDP Administrator 
must report to Congress on any remedial actions that will be 
taken to resolve violations of grant program requirements as 
well as the extent to which formula grant awards have enhanced 
the ability of each jurisdiction to meet the JJDPA's core 
requirements. Each State receiving formula grants authorized 
under this Act must designate an individual who will certify to 
the State's compliance with the four core requirements; States 
also must publish their plans online within 30 days after such 
State plans are approved.
    To further deter fraud, waste, and abuse, this legislation 
accords priority in funding to State and tribal jurisdictions 
that lack unresolved audit findings. Nonprofit organizations 
that hold money in offshore accounts for tax avoidance purposes 
cannot receive awards of grant funds authorized under this Act. 
S. 1169 also limits conference expenditures by DOJ or its 
grantees and bars the use of Federal grants for lobbying.

3. Promoting rehabilitation of juveniles by improving services for 
        detained minors

    In clarifying that an additional purpose of the JJDPA is to 
support a continuum of programs designed to meet the needs of 
at-risk youth and youth who come into contact with the justice 
system, S. 1169 reaffirms Congress' commitment to 
rehabilitation of juvenile offenders. To this end, S. 1169 also 
encourages the continuation of juveniles' education in 
confinement. It encourages mental health and substance abuse 
screening, assessment, referral and treatment of juvenile 
offenders. It also ensures that mental health and substance 
abuse professionals will have a voice on the Coordinating 
Council on Juvenile Justice and Delinquency Prevention.
    The Act will help improve the treatment of certain 
juveniles in custody or detention in other key respects. For 
example, it requires States receiving formula grants to phase 
out the practice of shackling pregnant juveniles during labor 
and delivery; it requires annual reporting on the use of 
isolation upon juveniles in detention; and it compels stricter 
State adherence to the core requirements, through 
implementation of various accountability, oversight, and 
transparency requirements.
    For some States, the core requirement that has proven most 
challenging is DMC, which requires a showing that the State is 
implementing juvenile delinquency prevention programs to 
reduce--without setting or mandating numerical standards or 
quotas--disproportionate minority confinement. To better assist 
States with their DMC compliance efforts, S. 1169 encourages 
use of coordinating bodies (comprised of juvenile justice 
stakeholders at the State, local, or tribal level) to advise 
State officials on ways to reduce such racial and ethnic 
disparities at various decision points in the juvenile justice 
system. To improve all States' compliance with the core 
requirements, this legislation also requires OJJDP to provide 
State personnel with technical assistance and training.
    Lastly, S. 1169 will promote reliance on practices that may 
reduce recidivism rates among juvenile offenders. The Act 
encourages jurisdictions to limit juveniles' contact with adult 
criminals in adult facilities. It also encourages alternatives 
to detention--such as diversion into community based, faith 
based, and family programs--for nonviolent juvenile offenders. 
It phases out the ``Valid Court Order'' exception, which is the 
only remaining circumstance under which a juvenile can be 
detained as a ``status offender'' (defined in the Act as a 
juvenile who is charged with or who has committed an offense 
that would not be criminal if committed by an adult).

          II. History of the Bill and Committee Consideration

                      A. INTRODUCTION OF THE BILL

    Chairman Grassley and Senator Whitehouse introduced S. 
1169, the Juvenile Justice and Delinquency Prevention 
Reauthorization Act of 2015, on April 30, 2015. Since the Act's 
introduction, Ranking Member Leahy as well as Senators Ayotte, 
Blumenthal, Blunt, Coons, Cornyn, Durbin, Feinstein, Hatch, 
Klobuchar, Murray, Rubio, and Shaheen also have joined as co-
sponsors.

                       B. COMMITTEE CONSIDERATION

    On April 21, 2015, Senator Grassley chaired a Committee 
hearing, entitled ``Improving Accountability and Oversight of 
Juvenile Justice Grants.'' Witnesses included Ms. Elissa 
Rumsey, Compliance Monitor, OJJDP, U.S. Department of Justice; 
Mr. Dean Rivkin, Professor/Clinic Lead, University of Tennessee 
Law School Public Interest Lawyering Practicum; Ms. Andrea 
Coleman, Disproportionate Minority Contact Coordinator, OJJDP, 
U.S. Department of Justice; The Hon. Steven C. Teske, Chief 
Judge, Clayton County (Georgia) Juvenile Court; Mr. Mark Soler, 
Executive Director, Center for Children's Law and Policy; The 
Hon. Karol Mason, Assistant Attorney General, Office of Justice 
Programs, U.S. Department of Justice; and The Hon. Carolyn 
Lerner, Special Counsel, U.S. Office of Special Counsel.
    On the first panel of witnesses, Elissa Rumsey, an OJJDP 
Compliance Monitor, emphasized the challenges faced by the OIG 
``due to lack of enforcement.''\3\ Dean Rivkin emphasized the 
need for diligent oversight to ensure that youths in detention 
who are status offenders are not subject to shackling and lock-
ups that violate the JJDPA's Deinstitutionalization of Status 
Offenders requirement.\4\ The Justice Department's DMC 
Coordinator at OJJDP, Andrea R. Coleman, discussed compliance 
monitoring issues and the need to hold States accountable for 
noncompliance with the JJDPA's core requirements.\5\ Mark Soler 
indicated that the JJDPA has proven its value over the years, 
but he has seen ``needless tragedies'' occur when mandates are 
not followed.\6\ Judge Teske testified that ``[t]he time is 
ripe to re-authorize the JJDPA and in so doing make the changes 
necessary to improve the accountability and oversight of 
juvenile justice grants.''\7\
---------------------------------------------------------------------------
    \3\Testimony of Ms. Elissa Rumsey, Compliance Monitor, Office of 
Juvenile Justice and Delinquency Prevention, U.S. Department of 
Justice, Improving Accountability and Oversight of Juvenile Justice 
Grants, Before the Senate Comm. On the Judiciary, 114th Cong. (2015), 
available at http://www.judiciary.senate.gov/imo/media/doc/04-21-
15%20Rumsey%20Testimony.pdf.
    \4\Testimony of Prof. Dean Rivkin, University of Tennessee College 
of Law, Improving Accountability and Oversight of Juvenile Justice 
Grants, Before the Senate Comm. On the Judiciary, 114th Cong. (2015), 
available at http://www.judiciary.senate.gov/imo/media/doc/04-21-
15%20Rivkin%20Testimony.pdf.
    \5\Testimony of Ms. Andrea R. Coleman, Disproportionate Minority 
Contact Coordinator, Office of Juvenile Justice and Delinquency 
Prevention, U.S. Department of Justice, Improving Accountability and 
Oversight of Juvenile Justice Grants, Before the Senate Comm. On the 
Judiciary, 114th Cong. (2015), available at http://
www.judiciary.senate.gov/imo/media/doc/04-21-
15%20Coleman%20Testimony.pdf.
    \6\Testimony of Mr. Mark Soler, Executive Director, Center for 
Children's Law and Policy, Improving Accountability and Oversight of 
Juvenile Justice Grants, Before the Senate Comm. On the Judiciary, 
114th Cong. (2015), available at http://www.judiciary.senate.gov/imo/
media/doc/04-21-15%20Soler%20Testimony.pdf.
    \7\Testimony of The Hon. Steven C. Teske, Chief Judge, Clayton 
County (Georgia) Juvenile Court, Improving Accountability and Oversight 
of Juvenile Justice Grants, Before the Senate Comm. On the Judiciary, 
114th Cong. (2015), available at http://www.judiciary.senate.gov/imo/
media/doc/04-21-15%20Teske%20Testimony.pdf.
---------------------------------------------------------------------------
    On the second panel of witnesses, Assistant Attorney 
General Karol Mason testified that, despite the JJDPA's 
successes, there are a number of errors in OJJDP's compliance 
monitoring program, such as the failure to enforce State 
compliance with core requirements.\8\ Lastly, Carolyn Lerner 
articulated the important role that the U.S. Office of Special 
Counsel plays in oversight and accountability 
investigations.\9\
---------------------------------------------------------------------------
    \8\Testimony of The Hon. Karol V. Mason, Assistant Attorney 
General, Office of Justice Programs, U.S. Department of Justice, 
Improving Accountability and Oversight of Juvenile Justice Grants, 
Before the Senate Comm. On the Judiciary, 114th Cong. (2015), available 
at http://www.judiciary.senate.gov/imo/media/doc/04-21-
15%20Mason%20Testimony%20Updated.pdf.
    \9\Testimony of The Hon. Carolyn Lerner, Special Counsel, U.S. 
Office of Special Counsel, Improving Accountability and Oversight of 
Juvenile Justice Grants, Before the Senate Comm. On the Judiciary, 
114th Cong. (2015), available at http://www.judiciary.senate.gov/imo/
media/doc/04-21-15%20Lerner%20Testimony.pdf.
---------------------------------------------------------------------------
    On July 23, 2015, the Committee on the Judiciary considered 
S. 1169. Senators Grassley and Whitehouse offered an amendment 
in the nature of a substitute to improve oversight of Federal 
grants by holding States financially accountable for failing to 
meet the JJDPA's core requirements; it also seeks to improve 
conditions for juvenile detention centers at the State and 
Federal level. The amendment was accepted by voice vote.
    The Act, as amended by the substitute amendment, 
reauthorizes funding for juvenile justice programs for five 
more years and updates requirements for participating States 
and tribal jurisdictions that receive grants from OJJDP. It 
phases out language that allows States to detain juveniles for 
``status offenses,'' which include conduct (such as underage 
tobacco use or truancy) that would not be crimes if committed 
by adults. It also encourages alternatives to incarceration for 
nonviolent offenders, such as community based, faith based, and 
family counseling programs.
    The Committee then voted to report the Juvenile Justice and 
Delinquency Prevention Reauthorization Act of 2015, with an 
amendment in the nature of a substitute, favorably to the 
Senate by voice vote.

              III. Section-by-Section Summary of the Bill

Section 1. Short title

    This section provides that the legislation may be cited as 
the ``Juvenile Justice and Delinquency Prevention 
Reauthorization Act of 2015.''

Section 2. Table of contents

    This section provides the table of contents for the Act.

            TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS

Section 101. Purposes

    This section adds two new purpose areas to the original 
JJDPA: (1) to assist State and local governments in addressing 
juvenile crime through technical assistance, research, 
training, evaluation, and the dissemination of information on 
effective and evidence-based programs for combating juvenile 
delinquency; and (2) to support a continuum of evidence-based 
or promising programs that are trauma-informed, reflect the 
science of adolescent development, and meet the needs of youth 
who are at-risk or have contact with the justice system.

Section 102. Definitions

    This section defines terms and phrases used in this Act, 
including ``Indian tribe,'' ``jail or lockup for adults,'' 
``sight or sound contact,'' ``adult inmate,'' ``core 
requirements,'' ``chemical agent,'' ``restraints,'' ``evidence-
based,'' ``promising,'' ``dangerous practice,'' ``screening,'' 
``assessment,'' ``contact,'' ``trauma-informed,'' ``racial and 
ethnic disparity,'' ``status offender,'' and ``rural.'' The 
substitute amendment adopted by the Committee on July 23, 2015 
also adds definitions of the term ``isolation'' and the phrase 
``internal controls.''

         TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Section 201. Concentration of Federal efforts

    Current law requires the OJJDP Administrator to develop 
objectives, priorities and a long term plan to carry out 
Federal juvenile justice activities in the United States; and 
this section clarifies that the purpose of such long term plan 
is ``to improve the juvenile justice system in the United 
States, taking into account scientific knowledge regarding 
adolescent development and behavior and regarding the effects 
of delinquency programs and juvenile justice interventions on 
adolescents.''

Section 202. Coordinating Council on Juvenile Justice and Delinquency 
        Prevention

    This section calls for additional representatives of 
Federal agencies to serve on the Coordinating Council on 
Juvenile Justice and Delinquency Prevention (an independent 
body within the executive branch that was established under the 
original JJDPA).\10\ This section also incorporates 
accountability language that calls for an annual report to 
Congress on the Council's activities, a detailed account of its 
expenses, and its recommendations.
---------------------------------------------------------------------------
    \10\The Council coordinates all Federal programs dealing with 
juvenile delinquency and unaccompanied minors. The Attorney General 
serves as Chairman of the Council, and the OJJDP Administrator serves 
as its Vice Chairman. Kristin Finklea, Congressional Research Service, 
``Juvenile Justice: Legislative History and Current Legislative 
Issues,'' Report RL33947 (July 14, 2015).
---------------------------------------------------------------------------

Section 203. Annual report

    This section adds ethnicity to the list of characteristics 
(which now include race, gender, age, educational status, among 
others) that OJJDP must summarize in its annual report to 
Congress on juveniles in detention.\11\ It also requires that 
the annual report include data on certain confinement 
conditions, such as use of isolation and restraints; number of 
pending status offense cases; and number of status offenders 
held in secure detention as well as the average period of their 
detention. The substitute amendment adopted by the Committee on 
July 23, 2015 further expands the annual report to require the 
inclusion of information on the number of juveniles released 
from detention and the type of living arrangement to which they 
were released; the number of juveniles held in secure 
facilities who report being pregnant; and the number of 
juveniles whose offenses originated at school, during school-
sponsored activities, or due to a school official's referral.
---------------------------------------------------------------------------
    \11\As explained by the Congressional Research Service: ``Starting 
in 1988, Congress required OJJDP to produce an annual report to 
Congress on the agency's operations. This report, by statute, must 
summarize and analyze the most recent data available to the [F]ederal 
[G]overnment concerning the detention of juveniles, describe the 
activities funded by OJJDP and the activities of the Coordinating 
Council, identify the extent to which each [S]tate complies with the 
core mandates and their state plan requirements, and evaluate the 
effectiveness of Federal juvenile delinquency programs in reducing the 
incidences of delinquency and violent crime among juveniles.'' Id.
---------------------------------------------------------------------------
    This section also requires OJJDP to summarize its criteria 
for evidence-based or promising programs and practices. In 
addition, it requires OJJDP to describe funding provided to 
Indian tribes for a juvenile delinquency or prevention program 
under the Tribal Law and Order Act of 2010, including grants 
and funding provided through a State or local government. 
Lastly, it calls for OJJDP to analyze its own internal controls 
to determine the extent of grantees' compliance with OJJDP's 
grant program requirements and report on remedial actions, if 
any, taken by the agency to recover grant funds expended by 
grantees in violation of Federal grant requirements. The 
agency's analysis must include the total amount of payments, if 
any, sought to be recouped and actually recouped from grantees 
due to such violations.

Section 204. Allocation of funds

    This section amends the State formula grant program to 
increase, from 2% to 5%, the amount of a State's award that can 
be devoted to technical assistance, for purposes of achieving 
compliance with the Act's State plan requirements. Under 
current law, formula grant funds are allocated annually among 
the States on the basis of the relative proportion of the 
population under the age of 18 years, and this section 
clarifies that such allocation will be based on the most 
recently available census data. This section also clarifies 
that $400,000 (rather than $325,000, as under current law) 
shall be the minimum annual allocation awarded to a 
participating State, depending on the total congressional 
appropriation for the State formula grant program.\12\
---------------------------------------------------------------------------
    \12\If the congressional appropriation for the program is less than 
$75 million, the minimum allocation amount for the fiscal year is set 
at $400,000 (rather than $325,000, as under current law); but if the 
annual appropriation is equal to or greater than $75 million, the 
minimum allocation is set at $600,000 (same as current law). The 
minimum amount allocated for each of the United States Virgin Islands, 
Guam, American Samoa, and the Commonwealth of the Northern Mariana 
Islands will continue to be $75,000 in the event that the congressional 
appropriation is less than $75 million for that fiscal year (as under 
current law), but it will increase to $100,000 if the annual 
appropriation is at least $75 million for that fiscal year (as under 
current law).
---------------------------------------------------------------------------
    The substitute amendment adopted by the Committee clarifies 
that the Bureau of the Census shall be the source of the census 
data. It also clarifies that States violating the JJDPA's core 
requirement may not avoid a financial penalty for such 
violations. It further clarifies that up to 5% of the annual 
allocation to any State (rather than 5% of the minimum annual 
allocation) shall be available to assist the State advisory 
group established under 42 U.S.C. Sec. 5633(a)(3). Finally, the 
substitute amendment calls for the designation of at least one 
individual in each State who will not only coordinate State 
efforts to achieve compliance, but who also will certify to the 
State's compliance with the core requirements.

Section 205. State plans

    Under current law, a State seeking formula grants must 
submit a three-year State plan outlining that State's purposes 
for use of the grant award and file annual plan amendments with 
the OJJDP Administrator.\13\ As modified by the substitute 
amendment adopted by this Committee, this section expands the 
conditions attached to a State's receipt of State formula 
grants, primarily by requiring additional information to be 
included in each State plan. One such new requirement is that 
States include in their individualized reentry plans a 
description of where the juvenile will live once released. It 
further clarifies that each State plan must be posted online; 
it requires the OJJDP Administrator to affirmatively certify to 
a State's compliance or noncompliance; and it requires public 
issuance of an annual report by OJJDP.
---------------------------------------------------------------------------
    \13\The State plan must discuss the State's plan for, among other 
things: (1) providing gender-specific services and mental health 
services to juveniles; (2) coordinating existing programs; (3) ensuring 
the use of most funds for specified purposes (such as community-based 
and family programs that promote alternatives to incarceration, meet 
the needs of juveniles who are child abuse victims, offer academic 
support, mentoring, job training, substance abuse treatment, positive 
youth development, counseling, or legal assistance); (4) encouraging 
collaboration among local agencies with which juveniles have contact; 
(5) expanding the use of probation officers;) and (6) developing the 
State's research and training capacity.
---------------------------------------------------------------------------
    For example, each State must describe how its plan is 
supported by, or takes into account, scientific knowledge 
regarding adolescent development and behavior about the effects 
of delinquency prevention programs and juvenile justice 
interventions. As amended by the Committee on July 23, 2015, 
this section also compels each State to explain how its plan 
seeks to:
           Reduce the number of youths housed in secure 
        detention and correctional facilities who are awaiting 
        placement in a residential treatment program;
           Provide a reentry plan for juveniles who are 
        transitioning out of confinement;
           Provide alternatives to detention (such as 
        specialized or problem-solving courts or diversion to 
        treatment) for status offenders, sex trafficking 
        victims, or juveniles with mental health and substance 
        abuse disorders;
           Encourage family involvement and reliance on 
        community based services for at-risk juveniles or 
        minors who have had contact with the juvenile justice 
        system;
           Promote evidence-based and trauma-informed 
        programs and practices;
           Phase out, within a year of enactment of 
        this Act, the use of shackling of pregnant juveniles 
        housed in secure detention and correction facilities;
           Promote children's access to publicly 
        supported, court appointed legal counsel and the 
        competent representation of every juvenile charged with 
        an offense;
           Promote programs and projects to inform 
        juveniles about ways to seek expungement of certain 
        juvenile records;
           Rely on screening procedures to improve the 
        identification of human trafficking victims;
           Support programs to meet the needs of girls 
        in, or at risk of entering, the juvenile justice system 
        (including, e.g., pregnant girls, young mothers, girls 
        with disabilities, and girls of color).

Section 206. Reallocation of grant funds

    This section confirms that a State violating any of the 
four ``core requirements'' will lose 20% per core requirement 
violation (up to a maximum possible 80%, if all four core 
requirements are violated) of its JJDPA Title II formula grant. 
The substitute amendment adopted by the Committee on July 23, 
2015 reinforces this penalty provision, specifying that a 
noncompliant State will be ineligible to receive any allocation 
unless one of two criteria is satisfied: (1) the State agrees 
to expend half of its grant funds to achieve compliance; or (2) 
the OJJDP Administrator determines that the State has achieved 
substantial compliance. It also specifies that half of each 
noncompliant State's penalty money will be returned to the 
JJDPA grant program for redistribution to compliant States, 
while the remainder can be used by OJJDP to offer training and 
technical assistance to all States.

Section 207. Authority to make grants

    Current law authorizes the OJJDP Administrator to make 
grants to eligible States for programs and projects that seek 
to prevent juvenile delinquency. This section updates the 
statute to clarify that programs offering treatment services to 
status offenders as well as after-school programs to prevent or 
combat truancy also are eligible uses of grant funds.

Section 208. Eligibility of States

    This section increases, from 5 to 10, the percentage of 
each grant that a State or tribal jurisdiction may use for 
implementation and technical assistance.

Section 209. Grants to Indian tribes

    Current law renders Indian tribes ineligible for grants 
unless they can provide evidence that they perform law 
enforcement functions. This section eliminates this eligibility 
requirement for tribes.

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

    This section requires the OJJDP Administrator to develop 
and annually publish a plan that identifies successful ways to 
discourage future involvement of status offenders and first-
time minor offenders with the juvenile justice and criminal 
justice systems. In addition, this section calls for the 
issuance of a report describing each State's practices to 
ensure the preparation of a discharge plan for any juvenile in 
detention who cannot return to their last residence immediately 
following release from detention. It also requires the 
development of a ``National Recidivism Measure,'' or uniform 
method of data collection for States' use in measuring juvenile 
recidivism, and ensures that recidivism data collected from 
States will be made available to the public. The substitute 
amendment adopted on July 23, 2015 also calls for jurisdictions 
receiving formula grants to describe their efforts to reduce 
recidivism among nonviolent youth, improve screening of child 
trafficking victims, identify efforts to reduce the use of 
dangerous practices, and identify positive outcome measures.

Section 211. Training and technical assistance

    This section requires (rather than permits, as under 
current law) the OJJDP Administrator to develop and carry out 
technical assistance, training, and research projects. As 
modified by the substitute amendment adopted by the Committee, 
it also clarifies what such training and technical assistance 
can cover (e.g., implementing best practices; complying with 
the core requirements; promoting evidence-based and promising 
programs or practices; improving retention of qualified 
personnel; enhancing legal representation of minors; serving 
youth with mental health or substance abuse issues; promoting 
use of behavior management techniques; minimizing use of 
restraints and isolation in confinement; seeking free or 
reduced price lunches for incarcerated juveniles).

Section 212. Administrative authority

    This section strikes the term ``requirements'' in certain 
paragraphs of the JJDPA and replaces it with the phrase ``core 
requirements.'' The substitute amendment adopted on July 23, 
2015 also updates JJDPA language relating to guidance and 
procedures by requiring that the Administrator consult with 
representatives of States and units of local government.

 TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS

Section 301. Definitions

    Congress established the Incentive Grants for Local 
Delinquency Prevention Programs (also known as the Community 
Prevention Grants Program) as part of Title V of the JJDPA 
during the 1992 reauthorization, and S. 1169 reauthorizes this 
Title V grant program, which was last reauthorized in 2002. 
This section adds a definition of the term ``mentoring,'' which 
means matching one adult with one or more youths for the 
purpose of providing guidance, support, and encouragement 
through regularly scheduled meetings for no less than nine 
months.

Section 302. Grants for Delinquency Prevention Programs

    This section makes mentoring an allowable use of the 
Incentive Grants for Local Delinquency Prevention Programs that 
are authorized under Title V of the JJDPA. The substitute 
amendment adopted by the Committee further clarifies that not 
only mentoring, but also parent training and support or in-home 
family services programs, are eligible uses of these JJDPA 
Title V grant funds, if such programs are evidence-based or 
promising.

Section 303. Technical and conforming amendments

    This section makes a technical and conforming amendment.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Section 401. Evaluation by Government Accountability Office

    This section requires the Comptroller General of the United 
States to evaluate OJJDP's performance and audit a selected 
sample of grantees receiving grant funds from OJJDP. The 
Comptroller General must submit, within a year of enactment of 
this legislation, a report on its evaluation of OJJDP and its 
audit of grantees; it also must make this report publicly 
available.
    In evaluating the efficiency and public benefit of the 
JJDPA, the Comptroller General must consider the results of the 
programs carried out by OJJDP and its grants, the extent to 
which OJJDP has complied with the Government Performance and 
Results Act of 1993, the extent to which OJJDP's programs 
conflict with the jurisdiction and programs of other agencies, 
and the potential benefits of consolidating programs. To that 
end, the Comptroller General must assess whether less 
restrictive or alternative methods are implicated by existing 
law, the number and types of beneficiaries of the programs, how 
the agency seeks public input on programs, how the agency 
complies with FOIA, whether greater oversight is necessary, and 
the extent to which changes are necessary.
    Finally, in conducting audits under this section, the 
Comptroller General shall consider whether grantees filed 
timely Financial Status Reports, have sufficient internal 
controls ensuring adequate oversight, if disbursements and 
salaries were accompanied with adequate supporting 
documentation, if expenditures were authorized, and whether 
contracts and sub-recipients complied with program 
requirements.

Section 402. Authorization of appropriations

    As introduced, S. 1169 authorized $159 million for Fiscal 
Year 2015 to implement the Act. Under the substitute amendment 
adopted by the Committee, the amount authorized in Fiscal Year 
2015 increases to $160 million, which reflects the most 
recently available appropriations data. Also under this 
section, the amounts authorized will increase by 2% annually 
over the course of the five-year reauthorization period. This 
section also limits, to 20% of authorized amounts, the share of 
authorized funds that can be devoted to mentoring under this 
Act.

Section 403. Accountability and oversight

    This section adds a new section to JJDPA Title VI, which 
expresses the sense of Congress that DOJ, through its 
components, must restore meaningful enforcement of the core 
protections for juveniles in this Act. It also expresses the 
sense of Congress that DOJ should update existing JJDPA 
regulations and provide participating States with technical 
assistance to develop more effective data collection systems. 
The States, which are entrusted with a fiscal stewardship role 
if they accept formula grant funds, are urged to exercise 
vigilant oversight to ensure full compliance with the Act's 
core protections.
    To prevent waste, fraud and abuse by grantees, this section 
(as modified by the substitute amendment of July 23, 2015) 
requires the OJJDP Administrator to initiate a programmatic and 
financial review of grant recipients. It also requires the 
Director of the Office of Audit, Assessment, and Management 
(``OAAM'') within DOJ's Office of Justice Programs to: (1) 
initiate a comprehensive analysis and evaluation of OJJDP's 
internal controls; and (2) conduct a comprehensive audit and 
evaluation of a selected, statistically significant sample of 
State and tribal grantees. Both the OJJDP Administrator and the 
OAAM Director must report to Congress with their findings; in 
addition, the Attorney General must report to Congress on the 
estimated amount of grant funds disbursed by DOJ in recent 
fiscal years that did not meet statutory requirements. This 
section also establishes deadlines for the performance of the 
above requirements; compels DOJ's Office of Inspector General 
to periodically perform selected audits of States and Indian 
tribes receiving formula grants under this Act; and it requires 
the Attorney General to post a summary of each required review 
on DOJ's website.
    To further promote accountability, this section also 
requires that State and tribal jurisdictions without unresolved 
audit findings shall be accorded priority in grant funding. 
Nonprofit organizations that hold money in offshore accounts 
for tax avoidance purposes cannot receive grant awards 
authorized under this Act. S. 1169 also would limit conference 
expenditures by DOJ and by those receiving discretionary grants 
under this Act. In addition, S. 1169 bars the use of Federal 
grants for lobbying, and it imposes disclosure requirements 
relating to the executive compensation practices of certain 
nonprofit grant recipients. Finally, this section includes 
definitions of the phrases ``nonprofit organization'' and 
``unresolved audit finding.''

             TITLE V--JUVENILE ACCOUNTABILITY BLOCK GRANTS

Section 501. Grant eligibility

    This section conditions States' eligibility for the 
Juvenile Accountability Block Grant Program on their compliance 
with the core requirements.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 
1169, the following estimate and comparison prepared by the 
Director of the Congressional Budget Office under section 402 
of the Congressional Budget Act of 1974:
                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 31, 2015.
Hon. Chuck Grassley,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1169, the Juvenile 
Justice and Delinquency Prevention Reauthorization Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 1169--Juvenile Justice and Delinquency Prevention Reauthorization 
        Act of 2015

    Summary: S. 1169 would authorize the appropriation of $833 
million over the 2016-2020 period, mostly for the Department of 
Justice to make grants to state and local governments for 
programs aimed at reducing juvenile delinquency and improving 
the juvenile justice system.
    CBO estimates that implementing S. 1169 would cost about 
$500 million over the 2016-2020 period, assuming appropriation 
of the authorized amounts. The remaining $333 million would be 
spent after 2020. Pay-as-you-go procedures do not apply to this 
legislation because enacting it would not affect directing 
spending or revenues.
    S. 1169 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary effects of S. 1169 are shown in the following table. 
The costs of this legislation fall within budget function 750 
(administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                              --------------------------------------------------
                                                                2016    2017    2018    2019    2020   2016-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Authorization Level..........................................     160     163     166     170     173       833
Estimated Outlays............................................      20      65     105     140     170       500
----------------------------------------------------------------------------------------------------------------
Note: Components do not add up to total because of rounding.

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized in the bill will be appropriated by the 
start of each fiscal year and that outlays will follow the 
historical rate of spending for this program.
    Pay-As-You-Go considerations: None.
    Intergovernmental and private-sector impact: S. 1169 
contains no intergovernmental or private-sector mandates as 
defined in UMRA. State, local, and tribal governments would 
benefit from the authorization of appropriations for programs 
related to juvenile justice. Any costs to those governments 
would be incurred voluntarily as a condition of receiving 
federal assistance.
    Estimate prepared by: Federal Costs: Mark Grabowicz; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: H. Samuel Papenpuss, Deputy Assistant 
Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 1169.

                             VI. Conclusion

    The Juvenile Justice and Delinquency Prevention 
Reauthorization Act of 2015, S. 1169, seeks to promote better 
outcomes for, and ensure fair treatment of, at-risk juveniles 
and minors who have had contact with the justice system. It 
would continue Federal support of States and communities' 
efforts to hold individuals accountable for their actions, 
prevent juvenile delinquency, and promote the rehabilitation of 
at-risk youths or minors who have had contact with the juvenile 
justice system. This reauthorization measure also seeks to 
bolster oversight and accountability of juvenile justice grant 
programs. We urge its prompt passage in the full Senate.

       VII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 1169, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *

        CHAPTER 46--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Subchapter XII--Juvenile Accountability Block Grants

           *       *       *       *       *       *       *

Sec. 3796ee-2. Grant eligibility

    (a) State Eligibility.--To be eligible to receive a grant 
under this subchapter, a State shall submit to the Attorney 
General an application at such time, in such form, and 
containing such assurances and information as the Attorney 
General may require by guidelines, including--
          (1) information about--
                  (A) the activities proposed to be carried out 
                with such grant; and
                  (B) the criteria by which the State proposes 
                to assess the effectiveness of such activities 
                on achieving the purposes of this subchapter, 
                including the extent to which evidence-based 
                approaches are utilized; [and]
          (2) assurances that the State and any unit of local 
        government to which the State provides funding under 
        section 3796ee-3(b) of this title, has in effect (or 
        shall have in effect, not later than 1 year after the 
        date that the State submits such application) laws, or 
        has implemented (or shall implement, not later than 1 
        year after the date that the State submits such 
        application) policies and programs, that provide for a 
        system of graduated sanctions described in subsection 
        (d) of this section[.]; and
          (3) assurances that the State agrees to comply with 
        the core requirements, as defined in section 103 of the 
        Juvenile Justice and Delinquency Prevention Act of 1974 
        (42 U.S.C. 5603), applicable to the detention and 
        confinement of juveniles.
    (b) Local Eligibility.--
          (1) Subgrant eligibility.--To be eligible to receive 
        a subgrant, a unit of local government, other than a 
        specially qualified unit, shall provide to the State--
                  (A) information about--
                          (i) the activities proposed to be 
                        carried out with such subgrant; and
                          (ii) the criteria by which the unit 
                        proposes to assess the effectiveness of 
                        such activities on achieving the 
                        purposes of this subchapter, including 
                        the extent to which evidence-based 
                        approaches are utilized; and
                  (B) such assurances as the State shall 
                require, that, to the maximum extent 
                applicable, the unit of local government has in 
                effect (or shall have in effect, not later than 
                1 year after the date that the unit submits 
                such application) laws, or has implemented (or 
                shall implement, not later than 1 year after 
                the date that the unit submits such 
                application) policies and programs, that 
                provide for a system of graduated sanctions 
                described in subsection (d) of this section.
          (2) Special rule.--The requirements of paragraph (1) 
        shall apply to a specially qualified unit that receives 
        funds from the Attorney General under section 3796ee-
        3(e) of this title, except that information that is 
        otherwise required to be submitted to the State shall 
        be submitted to the Attorney General.
    (c) Role of Courts.--In the development of the grant 
application, the States and units of local governments shall 
take into consideration the needs of the judicial branch in 
strengthening the juvenile justice system and specifically seek 
the advice of the chief of the highest court of the State and 
where appropriate, the chief judge of the local court, with 
respect to the application.
    (d) Graduated Sanctions.--A system of graduated sanctions, 
which may be discretionary as provided in subsection (e) of 
this section, shall ensure, at a minimum, that--
          (1) sanctions are imposed on a juvenile offender for 
        each delinquent offense;
          (2) sanctions escalate in intensity with each 
        subsequent, more serious delinquent offense;
          (3) there is sufficient flexibility to allow for 
        individualized sanctions and services suited to the 
        individual juvenile offender; and
          (4) appropriate consideration is given to public 
        safety and victims of crime.
    (e) Discretionary Use of Sanctions.--
          (1) Voluntary participation.--A State or unit of 
        local government may be eligible to receive a grant 
        under this subchapter if--
                  (A) its system of graduated sanctions is 
                discretionary; and
                  (B) it demonstrates that it has promoted the 
                use of a system of graduated sanctions by 
                taking steps to encourage implementation of 
                such a system by juvenile courts.
          (2) Reporting requirement if graduated sanctions not 
        used--
                  (A) Juvenile courts.--A State or unit of 
                local government in which the imposition of 
                graduated sanctions is discretionary shall 
                require each juvenile court within its 
                jurisdiction--
                          (i) which has not implemented a 
                        system of graduated sanctions, to 
                        submit an annual report that explains 
                        why such court did not implement 
                        graduated sanctions; and
                          (ii) which has implemented a system 
                        of graduated sanctions but has not 
                        imposed graduated sanctions in all 
                        cases, to submit an annual report that 
                        explains why such court did not impose 
                        graduated sanctions in all cases.
                  (B) Units of local government.--Each unit of 
                local government, other than a specially 
                qualified unit, that has 1 or more juvenile 
                courts that use a discretionary system of 
                graduated sanctions shall collect the 
                information reported under subparagraph (A) for 
                submission to the State each year.
                  (C) States.--Each State and specially 
                qualified unit that has 1 or more juvenile 
                courts that use a discretionary system of 
                graduated sanctions shall collect the 
                information reported under subparagraph (A) for 
                submission to the Attorney General each year. A 
                State shall also collect and submit to the 
                Attorney General the information collected 
                under subparagraph (B).
    (f) Definitions.--In this section:
          (1) Discretionary.--The term ``discretionary'' means 
        that a system of graduated sanctions is not required to 
        be imposed by each and every juvenile court in a State 
        or unit of local government.
          (2) Sanctions.--The term ``sanctions'' means 
        tangible, proportional consequences that hold the 
        juvenile offender accountable for the offense 
        committed. A sanction may include counseling, 
        restitution, community service, a fine, supervised 
        probation, or confinement.

           *       *       *       *       *       *       *

        CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Subchapter I--Generally

           *       *       *       *       *       *       *

Sec. 5602. Purposes

    The purposes of this subchapter and subchapter II of this 
chapter are--
          (1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
          (2) to assist State and local governments in 
        promoting public safety by encouraging accountability 
        for acts of juvenile delinquency; [and]
          [(3) to assist State and local governments in 
        addressing juvenile crime through the provision of 
        technical assistance, research, training, evaluation, 
        and the dissemination of information on effective 
        programs for combating juvenile delinquency.]
          (3) to assist State and local governments in 
        addressing juvenile crime through the provision of 
        technical assistance, research, training, evaluation, 
        and the dissemination of current and relevant 
        information on effective and evidence-based programs 
        and practices for combating juvenile delinquency; and
          (4) to support a continuum of evidence-based or 
        promising programs (including delinquency prevention, 
        intervention, mental health and substance abuse 
        treatment, family services, and services for children 
        exposed to violence) that are trauma informed, reflect 
        the science of adolescent development, and are designed 
        to meet the needs of at-risk youth and youth who come 
        into contact with the justice system.

Sec. 5603. Definitions

    For purposes of this chapter--
          (1) the term ``community based'' facility, program, 
        or service means a small, open group home or other 
        suitable place located near the juvenile's home or 
        family and programs of community supervision and 
        service which maintain community and consumer 
        participation in the planning operation, and evaluation 
        of their programs which may include, but are not 
        limited to, medical, educational, vocational, social, 
        and psychological guidance, training, special 
        education, counseling, alcoholism treatment, drug 
        treatment, and other rehabilitative services;
          (2) the term ``Federal juvenile delinquency program'' 
        means any juvenile delinquency program which is 
        conducted, directly, or indirectly or is assisted by 
        any Federal department or agency, including any program 
        funded under this chapter;
          (3) the term ``juvenile delinquency program'' means 
        any program or activity related to juvenile delinquency 
        prevention, control, diversion, treatment, 
        rehabilitation, planning, education, training, and 
        research, including drug and alcohol abuse programs; 
        the improvement of the juvenile justice system; and any 
        program or activity designed to reduce known risk 
        factors for juvenile delinquent behavior, provides 
        activities that build on protective factors for, and 
        develop competencies in, juveniles to prevent, and 
        reduce the rate of, delinquent juvenile behavior;
          (4)(A) the term ``Bureau of Justice Assistance'' 
        means the bureau established by section 3741 of this 
        title;
          (B) the term ``Office of Justice Programs'' means the 
        office established by section 3711 of this title;
          (C) the term ``National Institute of Justice'' means 
        the institute established by section 3722(a) of this 
        title; and
          (D) the term ``Bureau of Justice Statistics'' means 
        the bureau established by section 3732(a) of this 
        title;
          (5) the term ``Administrator'' means the agency head 
        designated by section 5611(b) of this title;
          (6) the term ``law enforcement and criminal justice'' 
        means any activity pertaining to crime prevention, 
        control, or reduction or the enforcement of the 
        criminal law, including, but not limited to police 
        efforts to prevent, control, or reduce crime or to 
        apprehend criminals, activities of courts having 
        criminal jurisdiction and related agencies (including 
        prosecutorial and defender services), activities of 
        corrections, probation, or parole authorities, and 
        programs relating to the prevention, control, or 
        reduction of juvenile delinquency or narcotic 
        addiction;
          (7) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands;
          (8) the term ``unit of local government'' means--
                  (A) any city, county, township, town, 
                borough, parish, village, or other general 
                purpose political subdivision of a State;
                  (B) any law enforcement district or judicial 
                enforcement district that--
                          (i) is established under applicable 
                        State law; and
                          (ii) has the authority to, in a 
                        manner independent of other State 
                        entities, establish a budget and raise 
                        revenues;
                  [(C) an Indian Tribe that performs law 
                enforcement functions, as determined by the 
                Secretary of the Interior; or]
                  (C) an Indian tribe; or
                  (D) for the purposes of assistance 
                eligibility, any agency of the government of 
                the District of Columbia or the Federal 
                Government that performs law enforcement 
                functions in and for--
                          (i) the District of Columbia; or
                          (ii) any Trust Territory of the 
                        United States;
          (9) the term ``combination'' as applied to States or 
        units of local government means any grouping or joining 
        together of such States or units for the purpose of 
        preparing, developing, or implementing a juvenile 
        justice and delinquency prevention plan;
          (10) the term ``construction'' means acquisition, 
        expansion, remodeling, and alteration of existing 
        buildings, and initial equipment of any such buildings, 
        or any combination of such activities (including 
        architects' fees but not the cost of acquisition of 
        land for buildings);
          (11) the term ``public agency'' means any State, unit 
        of local government, combination of such States or 
        units, or any department, agency, or instrumentality of 
        any of the foregoing;
          (12) the term ``secure detention facility'' means any 
        public or private residential facility which--
                  (A) includes construction fixtures designed 
                to physically restrict the movements and 
                activities of juveniles or other individuals 
                held in lawful custody in such facility; and
                  (B) is used for the temporary placement of 
                any juvenile who is accused of having committed 
                an offense or of any other individual accused 
                of having committed a criminal offense;
          (13) the term ``secure correctional facility'' means 
        any public or private residential facility which--
                  (A) includes construction fixtures designed 
                to physically restrict the movements and 
                activities of juveniles or other individuals 
                held in lawful custody in such facility; and
                  (B) is used for the placement, after 
                adjudication and disposition, of any juvenile 
                who has been adjudicated as having committed an 
                offense or any other individual convicted of a 
                criminal offense;
          (14) the term ``serious crime'' means criminal 
        homicide, forcible rape or other sex offenses 
        punishable as a felony, mayhem, kidnapping, aggravated 
        assault, drug trafficking, robbery, larceny or theft 
        punishable as a felony, motor vehicle theft, burglary 
        or breaking and entering, extortion accompanied by 
        threats of violence, and arson punishable as a felony;
          (15) the term ``treatment'' includes but is not 
        limited to medical, educational, special education, 
        social, psychological, and vocational services, 
        corrective and preventive guidance and training, and 
        other rehabilitative services designed to protect the 
        public, including services designed to benefit addicts 
        and other users by eliminating their dependence on 
        alcohol or other addictive or nonaddictive drugs or by 
        controlling their dependence and susceptibility to 
        addiction or use;
          (16) the term ``valid court order'' means a court 
        order given by a juvenile court judge to a juvenile--
                  (A) who was brought before the court and made 
                subject to such order; and
                  (B) who received, before the issuance of such 
                order, the full due process rights guaranteed 
                to such juvenile by the Constitution of the 
                United States;
          (17) the term ``Council'' means the Coordinating 
        Council on Juvenile Justice and Delinquency Prevention 
        established in section 5616(a)(1) of this title;
          [(18) the term ``Indian tribe'' means--
                  [(A) a federally recognized Indian tribe; or
                  [(B) an Alaskan Native organization;]
          (18) the term ``Indian tribe'' has the meaning given 
        that term in section 102 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 479a);
          (19) the term ``comprehensive and coordinated system 
        of services'' means a system that--
                  (A) ensures that services and funding for the 
                prevention and treatment of juvenile 
                delinquency are consistent with policy goals of 
                preserving families and providing appropriate 
                services in the least restrictive environment 
                so as to simultaneously protect juveniles and 
                maintain public safety;
                  (B) identifies, and intervenes early for the 
                benefit of, young children who are at risk of 
                developing emotional or behavioral problems 
                because of physical or mental stress or abuse, 
                and for the benefit of their families;
                  (C) increases interagency collaboration and 
                family involvement in the prevention and 
                treatment of juvenile delinquency; and
                  (D) encourages private and public 
                partnerships in the delivery of services for 
                the prevention and treatment of juvenile 
                delinquency;
          (20) the term ``gender-specific services'' means 
        services designed to address needs unique to the gender 
        of the individual to whom such services are provided;
          (21) the term ``home-based alternative services'' 
        means services provided to a juvenile in the home of 
        the juvenile as an alternative to incarcerating the 
        juvenile, and includes home detention;
          [(22) the term ``jail or lockup for adults'' means a 
        locked facility that is used by a State, unit of local 
        government, or any law enforcement authority to detain 
        or confine adults--
                  [(A) pending the filing of a charge of 
                violating a criminal law;
                  [(B) awaiting trial on a criminal charge; or
                  [(C) convicted of violating a criminal law;]
          (22) the term ``jail or lockup for adults'' means a 
        secure facility that is used by a State, unit of local 
        government, or law enforcement authority to detain or 
        confine adult inmates;
          (23) the term ``nonprofit organization'' means an 
        organization described in section 501(c)(3) of title 26 
        that is exempt from taxation under section 501(a) of 
        title 26;
          (24) the term ``graduated sanctions'' means an 
        accountability-based, graduated series of sanctions 
        (including incentives, treatment, and services) 
        applicable to juveniles within the juvenile justice 
        system to hold such juveniles accountable for their 
        actions and to protect communities from the effects of 
        juvenile delinquency by providing appropriate sanctions 
        for every act for which a juvenile is adjudicated 
        delinquent, by inducing their law-abiding behavior, and 
        by preventing their subsequent involvement with the 
        juvenile justice system;
          [(25) the term ``contact'' means the degree of 
        interaction allowed between juvenile offenders in a 
        secure custody status and incarcerated adults under 
        section 31.303(d)(1)(i) of title 28, Code of Federal 
        Regulations, as in effect on December 10, 1996;
          [(26) the term ``adult inmate'' means an individual 
        who--
                  [(A) has reached the age of full criminal 
                responsibility under applicable State law; and
                  [(B) has been arrested and is in custody for 
                or awaiting trial on a criminal charge, or is 
                convicted of a criminal offense;]
          (25) the term ``sight or sound contact'' means any 
        physical, clear visual, or verbal contact that is not 
        brief and inadvertent;
          (26) the term ``adult inmate''--
                  (A) means an individual who--
                          (i) has reached the age of full 
                        criminal responsibility under 
                        applicable State law; and
                          (ii) has been arrested and is in 
                        custody for or awaiting trial on a 
                        criminal charge, or is convicted of a 
                        criminal charge offense; and
                  (B) does not include an individual who--
                          (i) at the time of the time of the 
                        offense, was younger than the maximum 
                        age at which a youth can be held in a 
                        juvenile facility under applicable 
                        State law; and
                          (ii) was committed to the care and 
                        custody or supervision, including post-
                        placement or parole supervision, of a 
                        juvenile correctional agency by a court 
                        of competent jurisdiction or by 
                        operation of applicable State law;
          (27) the term ``violent crime'' means--
                  (A) murder or nonnegligent manslaughter, 
                forcible rape, or robbery, or
                  (B) aggravated assault committed with the use 
                of a firearm;
          (28) the term ``collocated facilities'' means 
        facilities that are located in the same building, or 
        are part of a related complex of buildings located on 
        the same grounds; [and]
          (29) the term ``related complex of buildings'' means 
        2 or more buildings that share--
                  (A) physical features, such as walls and 
                fences, or services beyond mechanical services 
                (heating, air conditioning, water and sewer); 
                or
                  (B) the specialized services that are 
                allowable under section 31.303(e)(3)(i)(C)(3) 
                of title 28 of the Code of Federal Regulations, 
                as in effect on December 10, 1996[.];
          (30) the term ``core requirements''--
                  (A) means the requirements described in 
                paragraphs (11), (12), (13), (14), and (15) of 
                section 223(a); and
                  (B) does not include the data collection 
                requirements described in subparagraphs (A) 
                through (K) of section 207(1);
          (31) the term ``chemical agent'' means a spray or 
        injection used to temporarily incapacitate a person, 
        including oleoresin capsicum spray, tear gas, and 2-
        chlorobenzalmalononitrile gas;
          (32) the term ``isolation''--
                  (A) means any instance in which a youth is 
                confined alone for more than 15 minutes in a 
                room or cell; and
                  (B) does not include--
                          (i) confinement during regularly 
                        scheduled sleeping hours;
                          (ii) separation based on a treatment 
                        program approved by a licensed medical 
                        or mental health professional;
                          (iii) confinement or separation that 
                        is requested by the youth; or
                          (iv) the separation of the youth from 
                        a group in a nonlocked setting for the 
                        limited purpose of calming;
          (33) the term ``restraints'' has the meaning given 
        that term in section 591 of the Public Health Service 
        Act (42 U.S.C. 290ii);
          (34) the term ``evidence-based'' means a program or 
        practice that--
                  (A) is demonstrated to be effective when 
                implemented with fidelity;
                  (B) is based on a clearly articulated and 
                empirically supported theory;
                  (C) has measurable outcomes relevant to 
                juvenile justice, including a detailed 
                description of the outcomes produced in a 
                particular population, whether urban or rural; 
                and
                  (D) has been scientifically tested and proven 
                effective through randomized control studies or 
                comparison group studies and with the ability 
                to replicate and scale;
          (35) the term ``promising'' means a program or 
        practice that--
                  (A) is demonstrated to be effective based on 
                positive outcomes relevant to juvenile justice 
                from 1 or more objective, independent, and 
                scientifically valid evaluations, as documented 
                in writing to the Administrator; and
                  (B) will be evaluated through a well-designed 
                and rigorous study, as described in paragraph 
                (34)(D);
          (36) the term ``dangerous practice'' means an act, 
        procedure, or program that creates an unreasonable risk 
        of physical injury, pain, or psychological harm to a 
        juvenile subjected to the act, procedure, or program;
          (37) the term ``screening'' means a brief process--
                  (A) designed to identify youth who may have 
                mental health, behavioral health, substance 
                abuse, or other needs requiring immediate 
                attention, intervention, and further 
                evaluation; and
                  (B) the purpose of which is to quickly 
                identify a youth with possible mental health, 
                behavioral health, substance abuse, or other 
                needs in need of further assessment;
          (38) the term ``assessment'' includes, at a minimum, 
        an interview and review of available records and other 
        pertinent information--
                  (A) by an appropriately trained professional 
                in the mental health, behavioral health, or 
                substance abuse fields; and
                  (B) which is designed to identify significant 
                mental health, behavioral health, or substance 
                abuse treatment needs to be addressed during a 
                youth's confinement;
          (39) for purposes of section 223(a)(15), the term 
        ``contact'' means the points at which a youth and the 
        juvenile justice system or criminal justice system 
        officially intersect, including interactions with a 
        juvenile justice, juvenile court, or law enforcement 
        official;
          (40) the term ``trauma-informed'' means--
                  (A) understanding the impact that exposure to 
                violence and trauma have on a youth's physical, 
                psychological, and psychosocial development;
                  (B) recognizing when a youth has been exposed 
                to violence and trauma and is in need of help 
                to recover from the adverse impacts of trauma; 
                and
                  (C) responding in ways that resist 
                retraumatization;
          (41) the term ``racial and ethnic disparity'' means 
        minority youth populations are involved at a decision 
        point in the juvenile justice system at higher rates, 
        incrementally or cumulatively, than non-minority youth 
        at that decision point;
          (42) the term ``status offender'' means a juvenile 
        who is charged with or who has committed an offense 
        that would not be criminal if committed by an adult;
          (43) the term ``rural'' means an area that is not 
        located in a metropolitan statistical area, as defined 
        by the Office of Management and Budget; and
          (44) the term ``internal controls'' means a process 
        implemented to provide reasonable assurance regarding 
        the achievement of objectives in--
                  (A) effectiveness and efficiency of 
                operations, such as grant management practices;
                  (B) reliability of reporting for internal and 
                external use; and
                  (C) compliance with applicable laws and 
                regulations, as well as recommendations of the 
                Office of Inspector General and the Government 
                Accountability Office.

           *       *       *       *       *       *       *

        CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Subchapter II--Programs and Offices

           *       *       *       *       *       *       *

Sec. 5614. Concentration of Federal efforts

    (a) Implementation of Policy by Administrator; Consultation 
With Council and Advisory Committee.--
          (1) The Administrator shall develop objectives, 
        priorities, and [a long-term plan, and implement] a 
        long-term plan to improve the juvenile justice system 
        in the United States, taking into account scientific 
        knowledge regarding adolescent development and behavior 
        and regarding the effects of delinquency prevention 
        programs and juvenile justice interventions on 
        adolescents, and shall implement overall policy and a 
        strategy to carry out such plan, for all Federal 
        juvenile delinquency programs and activities relating 
        to prevention, diversion, training, treatment, 
        rehabilitation, evaluation, [research, and improvement 
        of the juvenile justice system in the United States] 
        and research. In carrying out the functions of the 
        Administrator, the Administrator shall consult with the 
        Council.
          (2)(A) The plan described in paragraph (1) shall--
                  (i) contain specific goals and criteria for 
                making grants and contracts, for conducting 
                research, and for carrying out other activities 
                under this subchapter; and
                  (ii) provide for coordinating the 
                administration programs and activities under 
                this subchapter with the administration of all 
                other Federal juvenile delinquency programs and 
                activities, including proposals for joint 
                funding to be coordinated by the Administrator.
          (B) The Administrator shall review the plan described 
        in paragraph (1) annually, revise the plan as the 
        Administrator considers appropriate, and publish the 
        plan in the [Federal Register--
                  [(i) not later than 240 days after November 
                4, 1992, in the case of the initial plan 
                required by paragraph (1); and
                  [(ii) except as provided in clause (i), in 
                the 30-day period ending on October 1 of each 
                year.] Federal Register during the 30-day 
                period ending on October 1 of each year.
    (b) Duties of Administrator.--In carrying out the purposes 
of this chapter, the Administrator shall--
          (1) advise the President through the Attorney General 
        as to all matters relating to federally assisted 
        juvenile delinquency programs and Federal policies 
        regarding juvenile delinquency;
          (2) assist operating agencies which have direct 
        responsibilities for the prevention and treatment of 
        juvenile delinquency in the development and 
        promulgation of regulations, guidelines, requirements, 
        criteria, standards, procedures, and budget requests in 
        accordance with the policies, priorities, and 
        objectives the Administrator establishes;
          (3) conduct and support evaluations and studies of 
        the performance and results achieved by Federal 
        juvenile delinquency programs and activities;
          (4) implement Federal juvenile delinquency programs 
        and activities among Federal departments and agencies 
        and between Federal juvenile delinquency programs and 
        activities and other Federal programs and activities 
        which the Administrator determines may have an 
        important bearing on the success of the entire Federal 
        juvenile delinquency effort;
          (5)(A) develop for each fiscal year, and publish 
        annually in the Federal Register for public comment, a 
        proposed comprehensive plan describing the particular 
        activities which the Administrator intends to carry out 
        under parts D and E of this subchapter in such fiscal 
        year, specifying in detail those activities designed to 
        satisfy the requirements of parts D and E of this 
        subchapter; and
          (B) taking into consideration comments received 
        during the 45-day period beginning on the date the 
        proposed plan is published, develop and publish a final 
        plan, before December 31 of such fiscal year, 
        describing the particular activities which the 
        Administrator intends to carry out under parts D and E 
        of this subchapter in such fiscal year, specifying in 
        detail those activities designed to satisfy the 
        requirements of parts D and E of this subchapter; and
          (6) provide for the auditing of [monitoring] systems 
        required under [section 5633(a)(15)] section 
        5633(a)(16) of this title [to review the adequacy of 
        such systems; and] for monitoring compliance.
          [(7) not later than 1 year after November 2, 2002, 
        issue model standards for providing mental health care 
        to incarcerated juveniles.]
    (c) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any 
activity involving any Federal juvenile delinquency program to 
provide the Administrator with such information as may be 
appropriate to prevent the duplication of efforts, and to 
coordinate activities, related to the prevention of juvenile 
delinquency.
    (d) Delegation of Functions.--The Administrator shall have 
the sole authority to delegate any of the functions of the 
Administrator under this chapter.
    (e) Utilization of Services and Facilities of Other 
Agencies; Reimbursement.--The Administrator is authorized to 
utilize the services and facilities of any agency of the 
Federal Government and of any other public agency or 
institution in accordance with appropriate agreements, and to 
pay for such services either in advance or by way of 
reimbursement as may be agreed upon.
    (f) Coordination of Functions of Administrator and 
Secretary of Health and Human Services.--All functions of the 
Administrator under this subchapter shall be coordinated as 
appropriate with the functions of the Secretary of Health and 
Human Services under subchapter III of this chapter.

Sec. 5616. Coordinating Council on Juvenile Justice and Delinquency 
                    Prevention

    (a) Establishment; Membership.--
          (1) There is hereby established, as an independent 
        organization in the executive branch of the Federal 
        Government a Coordinating Council on Juvenile Justice 
        and Delinquency Prevention composed of the Attorney 
        General, the Secretary of Health and Human Services, 
        the Administrator of the Substance Abuse and Mental 
        Health Services Administration, the Secretary of the 
        Interior, the Secretary of Labor, the Secretary of 
        Education, the Secretary of Housing and Urban 
        Development, the Administrator of the Office of 
        Juvenile Justice and Delinquency Prevention, the 
        Director of the Office of National Drug Control Policy, 
        the Chief Executive Officer of the Corporation for 
        National and Community Service, [the Commissioner of 
        Immigration and Naturalization] Assistant Secretary for 
        Immigration and Customs Enforcement, such other 
        officers of Federal agencies who hold significant 
        decisionmaking authority as the President may 
        designate, and individuals appointed under paragraph 
        (2).
          (2)(A) Ten members shall be appointed, without regard 
        to political affiliation, to the Council in accordance 
        with this paragraph from among individuals who are 
        practitioners in the field of juvenile justice and who 
        are not officers or employees of the [United States] 
        Federal Government.
          (B)(i) Three members shall be appointed by the 
        Speaker of the House of Representatives, after 
        consultation with the minority leader of the House of 
        Representatives.
          (ii) Three members shall be appointed by the majority 
        leader of the Senate, after consultation with the 
        minority leader of the Senate.
          (iii) Three members shall be appointed by the 
        President.
          (iv) One member shall be appointed by the Chairman of 
        the Committee on Indian Affairs of the Senate, in 
        consultation with the Vice Chairman of that Committee 
        and the Chairman and Ranking Member of the Committee on 
        Natural Resources of the House of Representatives.
          (C)(i) Of the members appointed under each of clauses 
        (i), (ii), and (iii)--
                  (I) 1 shall be appointed for a term of 1 
                year;
                  (II) 1 shall be appointed for a term of 2 
                years; and
                  (III) 1 shall be appointed for a term of 3 
                years;
        as designated at the time of appointment.
          (ii) Except as provided in clause (iii), a vacancy 
        arising during the term for which an appointment is 
        made may be filled only for the remainder of such term.
          (iii) After the expiration of the term for which a 
        member is appointed, such member may continue to serve 
        until a successor is appointed.
    (b) Chairman and Vice Chairman.--The Attorney General shall 
serve as Chairman of the Council. The Administrator of the 
Office of Juvenile Justice and Delinquency Prevention shall 
serve as Vice Chairman of the Council. The Vice Chairman shall 
act as Chairman in the absence of the Chairman.
    (c) Functions .--
          (1) The function of the Council shall be to 
        coordinate all Federal juvenile delinquency programs 
        (in cooperation with State and local juvenile justice 
        programs) all Federal programs and activities that 
        detain or care for unaccompanied juveniles, and all 
        Federal programs relating to missing and exploited 
        children. The Council shall examine how the separate 
        programs can be coordinated among Federal, State, and 
        local governments to better serve at-risk children and 
        juveniles and shall make recommendations to the 
        President, and to the Congress, at least annually with 
        respect to the coordination of overall policy and 
        development of objectives and priorities for all 
        Federal juvenile delinquency programs and activities 
        and all Federal programs and activities that detain or 
        care for unaccompanied juveniles. The Council shall 
        review the programs and practices of Federal agencies 
        and report on the degree to which Federal agency funds 
        are used for purposes which are consistent or 
        inconsistent with the mandates of [paragraphs (12)(A), 
        (13), and (14) of section 5633(a) of this title] the 
        core requirements. The Council shall review, and make 
        recommendations with respect to, any joint funding 
        proposal undertaken by the Office of Juvenile Justice 
        and Delinquency Prevention and any agency represented 
        on the Council. The Council shall review the reasons 
        why Federal agencies take juveniles into custody and 
        shall make recommendations regarding how to improve 
        Federal practices and facilities for holding juveniles 
        in custody.
          (2) In addition to performing their functions as 
        members of the Council, the members appointed under 
        subsection (a)(2) of this section shall collectively, 
        on an annual basis--
                  (A) make recommendations regarding the 
                development of the objectives, priorities, and 
                the long-term plan, and the implementation of 
                overall policy and the strategy to carry out 
                such plan, referred to in section 5614(a)(1) of 
                this title; and
                  [(B) not later than 180 days after November 
                4, 1992, submit such recommendations to the 
                Administrator, the Chairman of the Committee on 
                Education and the Workforce of the House of 
                Representatives, and the Chairman of the 
                Committee on the Judiciary of the Senate.]
                  (B) not later than 120 days after the 
                completion of the last meeting of the Council 
                during any fiscal year, submit to the Committee 
                on Education and the Workforce of the House of 
                Representatives and the Committee on the 
                Judiciary of the Senate a report that--
                          (i) contains the recommendations 
                        described in subparagraph (A);
                          (ii) includes a detailed account of 
                        the activities conducted by the Council 
                        during the fiscal year, including a 
                        complete detailed accounting of 
                        expenses incurred by the Council to 
                        conduct operations in accordance with 
                        this section;
                          (iii) is published on the websites of 
                        the Office of Juvenile Justice and 
                        Delinquency Prevention and the Council; 
                        and
                          (iv) is in addition to the annual 
                        report required under section 207.
    (d) Meetings.--The Council shall meet at least quarterly.
    (e) Appointment of Personnel or Staff Support by 
Administrator.--The Administrator shall, with the approval of 
the Council, appoint such personnel or staff support as the 
Administrator considers necessary to carry out the purposes of 
this subchapter.
    (f) Expenses of Council Members; Reimbursement.--Members 
appointed under subsection (a)(2) of this section shall serve 
without compensation. Members of the Council shall be 
reimbursed for travel, subsistence, and other necessary 
expenses incurred by them in carrying out the duties of the 
Council.
    (g) Authorization of Appropriations.--Of sums available to 
carry out this part, not more than $200,000 shall be available 
to carry out this section.

Sec. 5617. Annual report

    Not later than 180 days after the end of [a fiscal year] 
each fiscal year, the Administrator shall submit to the 
President, the Speaker of the House of Representatives, and the 
President pro tempore of the Senate a report that contains the 
following with respect to such fiscal year:
          (1) A detailed summary and analysis of the most 
        recent data available regarding the number of juveniles 
        taken into custody, the rate at which juveniles are 
        taken into custody, and the trends demonstrated by the 
        data required by subparagraphs (A), (B), and (C). Such 
        summary and analysis shall set out the information 
        required by subparagraphs (A), (B), (C), and (D) 
        separately for juvenile nonoffenders, juvenile status 
        offenders, and other juvenile offenders. Such summary 
        and analysis shall separately address with respect to 
        each category of juveniles specified in the preceding 
        sentence--
                  (A) the types of offenses with which the 
                juveniles are charged;
                  (B) the race and gender, ethnicity, as such 
                term is defined by the Bureau of the Census, of 
                the juveniles;
                  (C) the ages of the juveniles;
                  (D) the types of facilities used to hold the 
                juveniles (including juveniles treated as 
                adults for purposes of prosecution) in custody, 
                including secure detention facilities, secure 
                correctional facilities, jails, and lockups;
                  (E) the number of juveniles who died while in 
                custody and the circumstances under which they 
                died; [and]
                  (F) the educational status of juveniles, 
                including information relating to learning and 
                other disabilities, failing performance, grade 
                retention, and dropping out of school[.];
                  (G) a summary of data from 1 month of the 
                applicable fiscal year of the use of restraints 
                and isolation upon juveniles held in the 
                custody of secure detention and correctional 
                facilities operated by a State or unit of local 
                government;
                  (H) the number of status offense cases 
                petitioned to court, number of status offenders 
                held in secure detention, the findings used to 
                justify the use of secure detention, and the 
                average period of time a status offender was 
                held in secure detention;
                  (I) the number of juveniles released from 
                custody and the type of living arrangement to 
                which they are released;
                  (J) the number of juveniles whose offense 
                originated on school grounds, during school-
                sponsored off-campus activities, or due to a 
                referral by a school official, as collected and 
                reported by the Department of Education or 
                similar State educational agency; and
                  (K) the number of juveniles in the custody of 
                secure detention and correctional facilities 
                operated by a State or unit of local government 
                who report being pregnant.
          (2) A description of the activities for which funds 
        are expended under this part, including the objectives, 
        priorities, accomplishments, and recommendations of the 
        Council.
          (3) A description, based on the most recent data 
        available, of the extent to which each State complies 
        with section 5633 of this title and with the plan 
        submitted under such section by the State for such 
        fiscal year.
          (4) An evaluation of the programs funded under this 
        subchapter and their effectiveness in reducing the 
        incidence of juvenile delinquency, particularly violent 
        crime, committed by juveniles.
          (5) A description of the criteria used to determine 
        what programs qualify as evidence-based and promising 
        programs under this title and title V and a 
        comprehensive list of those programs the Administrator 
        has determined meet such criteria in both rural and 
        urban areas.
          (6) A description of funding provided to Indian 
        tribes under this Act or for a juvenile delinquency or 
        prevention program under the Tribal Law and Order Act 
        of 2010 (Public Law 111-211; 124 Stat. 2261), including 
        direct Federal grants and funding provided to Indian 
        tribes through a State or unit of local government.
          (7) An analysis and evaluation of the internal 
        controls at the Office of Juvenile Justice and 
        Delinquency Prevention to determine if grantees are 
        following the requirements of the Office of Juvenile 
        Justice and Delinquency Prevention grant programs and 
        what remedial action the Office of Juvenile Justice and 
        Delinquency Prevention has taken to recover any grant 
        funds that are expended in violation of the grant 
        programs, including instances--
                  (A) in which supporting documentation was not 
                provided for cost reports;
                  (B) where unauthorized expenditures occurred; 
                or
                  (C) where subrecipients of grant funds were 
                not compliant with program requirements.
          (8) An analysis and evaluation of the total amount of 
        payments made to grantees that the Office of Juvenile 
        Justice and Delinquency Prevention recouped from 
        grantees that were found to be in violation of policies 
        and procedures of the Office of Juvenile Justice and 
        Delinquency Prevention grant programs, including--
                  (A) the full name and location of the 
                grantee;
                  (B) the violation of the program found;
                  (C) the amount of funds sought to be recouped 
                by the Office of Juvenile Justice and 
                Delinquency Prevention; and
                  (D) the actual amount recouped by the Office 
                of Juvenile Justice and Delinquency Prevention.

Sec. 5631. Authority to make grants and contracts

    (a) The Administrator is authorized to make grants to 
States and units of local government or combinations thereof to 
assist them in planning, establishing, operating, coordinating, 
and evaluating projects directly or through grants and 
contracts with public and private agencies for the development 
of more effective education, training, research, prevention, 
diversion, treatment, and rehabilitation programs in the area 
of juvenile delinquency and programs to improve the juvenile 
justice system.
    (b)(1) With not to exceed [2 percent] 5 percent of the 
funds available in a fiscal year to carry out this part, the 
Administrator shall make grants to and enter into contracts 
with public and private agencies, organizations, and 
individuals to provide technical assistance to States, units of 
general local governments (and combinations thereof), and local 
private agencies to facilitate compliance with section 5633 of 
this title and implementation of the State plan approved under 
section 5633(c) of this title.
    (2) Grants and contracts may be made under paragraph (1) 
only to public and private agencies, organizations, and 
individuals that have experience in providing such technical 
assistance.

Sec. 5632. Allocation of funds

    (a) Time; Basis; Amounts
          (1) Subject to paragraph (2) and in accordance with 
        regulations promulgated under this part, funds shall be 
        allocated annually among the States on the basis of 
        relative population of people under [age eighteen] 18 
        years of age, based on the most recent data available 
        from the Bureau of the Census.
          [(2)(A) Subject to paragraph (3), if the aggregate 
        amount appropriated for a fiscal year to carry out this 
        subchapter is less than $75,000,000, then the amount 
        allocated to each State for such fiscal year shall be 
        not less than $325,000, or such greater amount up to 
        $400,000 as is available to be allocated without 
        reducing the amount of any State or territory's 
        allocation below the amount allocated for fiscal year 
        2000, except that the amount allocated to the Virgin 
        Islands of the United States, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands shall 
        be not less than $75,000, or such greater amount up to 
        $100,000 as is available to be allocated without 
        reducing the amount of any State or territory's 
        allocation below the amount allocated for fiscal year 
        2000, each.
          [(B) Subject to paragraph (3), if the aggregate 
        amount appropriated for a fiscal year to carry out this 
        subchapter equals or exceeds $75,000,000, then the 
        amount allocated to each State for such fiscal year 
        shall be not less than $600,000, except that the amount 
        allocated to the Virgin Islands of the United States, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands shall be not less than 
        $100,000, or such greater amount up to $100,000 as is 
        available to be allocated without reducing the amount 
        of any State or territory's allocation below the amount 
        allocated for fiscal year 2000, each.
          [(3) If, as a result of paragraph (2), the amount 
        allocated to a State for a fiscal year would be less 
        than the amount allocated to such State for fiscal year 
        2000, then the amounts allocated to satisfy the 
        requirements of such paragraph shall be reduced pro 
        rata to the extent necessary to allocate to such State 
        for the fiscal year the amount allocated to such State 
        for fiscal year 2000.]
          (2)(A) If the aggregate amount appropriated for a 
        fiscal year to carry out this title is less than 
        $75,000,000, then--
                  (i) the amount allocated to each State other 
                than a State described in clause (ii) for that 
                fiscal year shall be not less than $400,000; 
                and
                  (ii) the amount allocated to the United 
                States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana 
                Islands for that fiscal year shall be not less 
                than $75,000.
          (B) If the aggregate amount appropriated for a fiscal 
        year to carry out this title is not less than 
        $75,000,000, then:
                  (i) the amount allocated to each State other 
                than a State described in clause (ii) for that 
                fiscal year shall be not less than $600,000; 
                and
                  (ii) the amount allocated to the United 
                States Virgin Islands, Guam, American Samoa, 
                and the Commonwealth of the Northern Mariana 
                Islands for that fiscal year shall be not less 
                than $100,000.
    (b) Reallocation of Unobligated Funds.--If any amount so 
allocated remains unobligated at the end of the fiscal year, 
such funds shall be reallocated in a manner equitable and 
consistent with the purpose of this part. Any amount so 
reallocated shall be in addition to the amounts already 
allocated and available to the State, the Virgin Islands, 
American Samoa, Guam, and the Commonwealth of the Northern 
Mariana Islands for the same period.
    (c) Use of Allocated Funds for Development, etc., of State 
Plans; Limitations; Matching Requirements.--In accordance with 
regulations promulgated under this part, a portion of any 
allocation to any State under this part shall be available to 
develop a State plan or for other pre-award activities 
associated with such State plan, and to pay that portion of the 
expenditures which are necessary for [efficient administration, 
including monitoring, evaluation, and one full-time staff 
position] effective and efficient administration of funds, 
including the designation of not less than 1 individual who 
shall coordinate efforts to achieve and sustain compliance with 
the core requirements and certify whether the State is in 
compliance with such requirements. Not more than 10 percent of 
the total annual allocation of such State shall be available 
for such purposes except that any amount expended or obligated 
by such State, or by units of local government or any 
combination thereof, from amounts made available under this 
subsection shall be matched (in an amount equal to any such 
amount so expended or obligated) by such State, or by such 
units or combinations, from State or local funds, as the case 
may be. The State shall make available needed funds for 
planning and administration to units of local government or 
combinations thereof within the State on an equitable basis.
    (d) Minimum Annual Allocation for Assistance of Advisory 
Group.--In accordance with regulations promulgated under this 
part, [5 per centum of the minimum] not more than 5 percent of 
the annual allocation to any State under this part shall be 
available to assist the advisory group established under 
section 5633(a)(3) of this title.

Sec. 5633. State plans

    (a) Requirements.--In order to receive formula grants under 
this part, a State shall submit a plan for carrying out its 
purposes applicable to a 3-year period. Such plan shall be 
amended annually to include new programs, projects, and 
activities. The State shall submit annual performance reports 
to the Administrator which shall describe progress in 
implementing programs contained in the original plan, [and 
shall describe the status of compliance with State plan 
requirements.] and shall describe how the State plan is 
supported by or takes account of scientific knowledge regarding 
adolescent development and behavior and regarding the effects 
of delinquency prevention programs and juvenile justice 
interventions on adolescents. Not later than 60 days after the 
date on which a plan or amended plan submitted under this 
subsection is finalized, a State shall make the plan or amended 
plan publicly available by posting the plan or amended plan on 
the State's publicly available website. In accordance with 
regulations which the Administrator shall prescribe, such plan 
shall--
          (1) designate the State agency described in section 
        5671(c)(1) of this title as the sole agency for 
        supervising the preparation and administration of the 
        plan;
          (2) contain satisfactory evidence that the State 
        agency designated in accordance with paragraph (1) has 
        or will have authority, by legislation if necessary, to 
        implement such plan in conformity with this part;
          (3) provide for an advisory group that--
                  (A) shall consist of not less than 15 and not 
                more than 33 members appointed by the chief 
                executive officer of the State--
                          (i) which members have training, 
                        experience, or special knowledge 
                        concerning adolescent development, the 
                        prevention and treatment of juvenile 
                        delinquency, the administration of 
                        juvenile justice, or the reduction of 
                        juvenile delinquency;
                          (ii) which members include--
                                  (I) at least 1 locally 
                                elected official representing 
                                general purpose local 
                                government;
                                  (II) representatives of law 
                                enforcement and juvenile 
                                justice agencies, including 
                                juvenile and family court 
                                judges, prosecutors, [counsel 
                                for children and youth] 
                                publicly supported court-
                                appointed legal counsel for 
                                juveniles charged with an act 
                                of juvenile delinquency or a 
                                status offense, consistent with 
                                other Federal law, and 
                                probation workers;
                                  (III) representatives of 
                                public agencies concerned with 
                                delinquency prevention or 
                                treatment, such as welfare, 
                                social services, [mental 
                                health, education, special 
                                education] child and adolescent 
                                mental health, education, child 
                                and adolescent substance abuse, 
                                special education, services for 
                                youth with disabilities, 
                                recreation, and youth services;
                                  (IV) representatives of 
                                private nonprofit 
                                organizations, including 
                                persons with a special focus on 
                                preserving and strengthening 
                                families, parent groups and 
                                parent self-help groups, youth 
                                development, delinquency 
                                prevention and treatment, 
                                neglected or dependent 
                                children, the quality of 
                                juvenile justice, education, 
                                and social services for 
                                children;
                                  (V) volunteers who work with 
                                [delinquents or potential 
                                delinquents] delinquent youth 
                                or youth at risk of 
                                delinquency;
                                  (VI) [youth workers involved 
                                with] representatives of 
                                programs that are alternatives 
                                to incarceration, including 
                                programs providing organized 
                                recreation activities;
                                  (VII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                school violence and vandalism 
                                and alternatives to suspension 
                                and expulsion; [and]
                                  [(VIII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                learning disabilities, 
                                emotional difficulties, child 
                                abuse and neglect, and youth 
                                violence;]
                                  (VIII) persons with expertise 
                                and competence in preventing 
                                and addressing mental health 
                                and substance abuse needs in 
                                juvenile delinquents and those 
                                at-risk of delinquency; and
                                  (IX) representatives of 
                                victim or witness advocacy 
                                groups, including at least 1 
                                individual with expertise in 
                                addressing the challenges of 
                                sexual abuse and exploitation 
                                and trauma;
                          (iii) a majority of which members 
                        (including the chairperson) shall not 
                        be full-time employees of the Federal, 
                        State, or local government;
                          (iv) at least one-fifth of which 
                        members shall be under the age of [24 
                        at the time of appointment] 28 at the 
                        time of initial appointment; and
                          (v) at least 3 members who have been 
                        or are currently under the jurisdiction 
                        of the juvenile justice system or, if 
                        not feasible and in appropriate 
                        circumstances, who is the parent or 
                        guardian of someone who has been or is 
                        currently under the jurisdiction of the 
                        juvenile justice system;
                  (B) shall participate in the development and 
                review of the State's juvenile justice plan 
                prior to submission to the supervisory board 
                for final action;
                  (C) shall be afforded the opportunity to 
                review and comment, not later than [30 days] 45 
                days after their submission to the advisory 
                group, on all juvenile justice and delinquency 
                prevention grant applications submitted to the 
                State agency designated under paragraph (1);
                  (D) shall, consistent with this subchapter--
                          (i) advise the State agency 
                        designated under paragraph (1) and its 
                        supervisory board; and
                          (ii) submit to the chief executive 
                        officer and the legislature of the 
                        State [at least annually 
                        recommendations regarding State 
                        compliance with the requirements of 
                        paragraphs (11), (12), and (13)] at 
                        least every 2 years a report and 
                        necessary recommendations regarding 
                        State compliance with the core 
                        requirements; and
                          (iii) contact and seek regular input 
                        from juveniles currently under the 
                        jurisdiction of the juvenile justice 
                        system; and
                  (E) may, consistent with this subchapter--
                          (i) advise on State supervisory board 
                        and local criminal justice advisory 
                        board composition; and
                          (ii) review progress and 
                        accomplishments of projects funded 
                        under the State plan[.];
          (4) provide for the active consultation with and 
        participation of units of local government or 
        combinations thereof in the development of a State plan 
        which adequately takes into account the needs and 
        requests of units of local government, except that 
        nothing in the plan requirements, or any regulations 
        promulgated to carry out such requirements, shall be 
        construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local 
        private agencies or the advisory group;
          (5) unless the provisions of this paragraph are 
        waived at the discretion of the Administrator for any 
        State in which the services for delinquent or other 
        youth are organized primarily on a statewide basis, 
        provide that at least 662/3 per centum of funds 
        received by the State under section 5632 of this title 
        reduced by the percentage (if any) specified by the 
        State under the authority of [paragraph (25)] paragraph 
        26 and excluding funds made available to the State 
        advisory group under section 5632(d) of this title, 
        shall be expended--
                  (A) through programs of units of local 
                government or combinations thereof, to the 
                extent such programs are consistent with the 
                State plan;
                  (B) through programs of local private 
                agencies, to the extent such programs are 
                consistent with the State plan, except that 
                direct funding of any local private agency by a 
                State shall be permitted only if such agency 
                requests such funding after it has applied for 
                and been denied funding by any unit of local 
                government or combination thereof; and
                  (C) to provide funds for programs of [Indian 
                tribes that perform law enforcement functions 
                (as determined by the Secretary of the 
                Interior) and that agree to attempt to comply 
                with the requirements specified in paragraphs 
                (11), (12), and (13), applicable to the 
                detention and confinement of juveniles] Indian 
                tribes that agree to attempt to comply with the 
                core requirements applicable to the detention 
                and confinement of juveniles, an amount that 
                bears the same ratio to the aggregate amount to 
                be expended through programs referred to in 
                subparagraphs (A) and (B) as the population 
                under 18 years of age in the geographical areas 
                in which such tribes perform such functions 
                bears to the State population under 18 years of 
                age,
          (6) provide for an equitable distribution of the 
        assistance received under section 5632 of this title 
        within the State, including in rural areas;
          (7)(A) provide for an analysis of juvenile 
        delinquency problems in, and the juvenile delinquency 
        control and delinquency prevention needs (including 
        educational needs) of, the State (including any 
        geographical area in which an Indian tribe [performs 
        law enforcement functions] has jurisdiction), a 
        description of the services to be provided, and a 
        description of performance goals and priorities, 
        including a specific statement of the manner in which 
        programs are expected to meet the identified juvenile 
        crime problems (including the joining of gangs that 
        commit crimes) and juvenile justice and delinquency 
        prevention needs (including educational needs) of the 
        State; and
          (B) contain--
                  (i) an analysis of gender-specific services 
                for the prevention and treatment of juvenile 
                delinquency, including the types of such 
                services available and the need for such 
                services;
                  (ii) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
                  (iii) a plan for providing needed services 
                for the prevention and treatment of juvenile 
                delinquency in rural areas; [and]
                  [(iv) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system, including information on how 
                such plan is being implemented and how such 
                services will be targeted to those juveniles in 
                such system who are in greatest need of such 
                services;]
                  (iv) a plan to provide alternatives to 
                detention for status offenders, juveniles who 
                have been induced to perform commercial sex 
                acts, and others, where appropriate, such as 
                specialized or problem-solving courts or 
                diversion to home-based or community-based 
                services or treatment for those youth in need 
                of mental health, substance abuse, or co-
                occurring disorder services at the time such 
                juveniles first come into contact with the 
                juvenile justice system;
                  (v) a plan to reduce the number of children 
                housed in secure detention and corrections 
                facilities who are awaiting placement in 
                residential treatment programs;
                  (vi) a plan to engage family members, where 
                appropriate, in the design and delivery of 
                juvenile delinquency prevention and treatment 
                services, particularly post-placement;
                  (vii) a plan to use community-based services 
                to respond to the needs of at-risk youth or 
                youth who have come into contact with the 
                juvenile justice system;
                  (viii) a plan to promote evidence-based and 
                trauma-informed programs and practices; and
                  (ix) a plan to, within 1 year of the date of 
                enactment of the Juvenile Justice and 
                Delinquency Prevention Reauthorization Act of 
                2015, eliminate the use of shackling of 
                pregnant juveniles housed in secure detention 
                and corrections facilities, covering at a 
                minimum the third trimester, labor, delivery, 
                and post-partum recovery;
          (8) provide for the coordination and maximum 
        utilization of [existing] evidence-based and promising 
        juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and 
        other related programs (such as education, special 
        education, recreation, health, and welfare programs) in 
        the State;
          (9) provide that not less than 75 percent of the 
        funds available to the State under section 5632 of this 
        title, other than funds made available to the State 
        advisory group under section 5632(d) of this title, 
        whether expended directly by the State, by the unit of 
        local government, or by a combination thereof, or 
        through grants and contracts with public or private 
        nonprofit agencies, shall be used for, with priority in 
        funding given to entities meeting the criteria for 
        evidence-based or promising programs--
                  (A) community-based alternatives (including 
                home-based alternatives) to incarceration and 
                institutionalization including--
                          (i) for status offenders and other 
                        youth who need temporary placement: 
                        crisis intervention, shelter, and 
                        after-care; and
                          (ii) for youth who need residential 
                        placement: a continuum of foster care 
                        or group home alternatives that provide 
                        access to a comprehensive array of 
                        services;
                  (B) community-based programs and services to 
                work with--
                          (i) [parents and other family 
                        members] status offenders, other youth, 
                        and the parents and other family 
                        members of such offenders and youth to 
                        strengthen families, including parent 
                        self-help groups, so that juveniles may 
                        [be retained] remain in their homes;
                          (ii) juveniles during their 
                        incarceration, and with their families, 
                        to ensure the safe return of such 
                        juveniles to their homes and to 
                        strengthen the families; and
                          (iii) parents with limited English-
                        speaking ability, particularly in areas 
                        where there is a large population of 
                        families with limited-English speaking 
                        ability;
                  (C) comprehensive juvenile justice and 
                delinquency prevention programs that meet the 
                needs of youth through the collaboration of the 
                many local systems before which a youth may 
                appear, including schools, courts, law 
                enforcement agencies, child protection 
                agencies, mental health agencies, welfare 
                services, health care agencies, and private 
                nonprofit agencies offering youth services;
                  (D) programs that provide treatment to 
                juvenile offenders who are victims of child 
                abuse or neglect, and to their families, in 
                order to reduce the likelihood that such 
                juvenile offenders will commit subsequent 
                violations of law;
                  (E) educational programs or supportive 
                services for [delinquent] at-risk or delinquent 
                youth or other juveniles--
                          (i) to encourage juveniles to remain 
                        in elementary and secondary schools or 
                        in alternative learning situations, 
                        including for truancy prevention and 
                        reduction;
                          (ii) to provide services to assist 
                        juveniles in making the transition to 
                        the world of work and self-sufficiency; 
                        and
                          (iii) enhance coordination with the 
                        local schools that such juveniles would 
                        otherwise attend, to ensure that--
                                  (I) the instruction that 
                                juveniles receive outside 
                                school is closely aligned with 
                                the instruction provided in 
                                school; and
                                  (II) information regarding 
                                any learning problems 
                                identified in such alternative 
                                learning situations are 
                                communicated to the schools;
                  (F) [expanding] programs to expand the use of 
                probation officers--
                          (i) particularly for the purpose of 
                        permitting nonviolent juvenile 
                        offenders (including status offenders) 
                        to remain at home with their families 
                        as an alternative to incarceration or 
                        institutionalization; and
                          (ii) to ensure that juveniles follow 
                        the terms of their probation;
                  (G) expanding access to publicly supported, 
                court-appointed legal counsel and enhancing 
                capacity for the competent representation of 
                every child, consistent with other Federal law;
                  [(G)] (H) counseling, training, and mentoring 
                programs, which may be in support of academic 
                tutoring, vocational and technical training, 
                and drug and violence prevention counseling, 
                that are designed to link at-risk juveniles, 
                juvenile offenders, or juveniles who have a 
                parent or legal guardian who is or was 
                incarcerated in a Federal, State, or local 
                correctional facility or who is otherwise under 
                the jurisdiction of a Federal, State, or local 
                criminal justice system, particularly juveniles 
                residing in low-income and high-crime areas and 
                juveniles experiencing educational failure, 
                with responsible individuals (such as law 
                enforcement officials, Department of Defense 
                personnel, individuals working with local 
                businesses, and individuals working with 
                community-based and faith-based organizations 
                and agencies) who are properly screened and 
                trained;
                  [(H)] (I) programs designed to develop and 
                implement projects relating to juvenile 
                delinquency and learning disabilities, 
                including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and 
                other juveniles with disabilities;
                  [(I)] (J) projects designed both to deter 
                involvement in illegal activities and to 
                promote involvement in lawful activities on the 
                part of gangs whose membership is substantially 
                composed of youth;
                  [(J)] (K) programs and projects designed to 
                provide for the treatment of youths' dependence 
                on or abuse of alcohol or other addictive or 
                nonaddictive drugs;
                  [(K)] (L) programs for positive youth 
                development that assist delinquent and other 
                at-risk youth in obtaining--
                          (i) a sense of safety and structure;
                          (ii) a sense of belonging and 
                        membership;
                          (iii) a sense of self-worth and 
                        social contribution;
                          (iv) a sense of independence and 
                        control over one's life; and
                          (v) a sense of closeness in 
                        interpersonal relationships;
                  [(L)] (M) programs that, in recognition of 
                varying degrees of the seriousness of 
                delinquent behavior and the corresponding 
                gradations in the responses of the juvenile 
                justice system in response to that behavior, 
                are designed to--
                          (i) encourage courts to develop and 
                        implement a continuum of pre-
                        adjudication and post-adjudication 
                        [restraints] alternatives that bridge 
                        the gap between traditional probation 
                        and confinement in a correctional 
                        setting (including specialized or 
                        problem-solving courts, expanded use of 
                        probation, mediation, restitution, 
                        community service, treatment, home 
                        detention, intensive supervision, 
                        electronic monitoring, and similar 
                        programs, and secure community-based 
                        treatment facilities linked to other 
                        support services such as health, mental 
                        health, education (remedial and 
                        special), job training, and 
                        recreation); and
                          (ii) assist in the provision [by the 
                        provision by the Administrator] of 
                        information and technical assistance, 
                        including technology transfer, [to 
                        States] in the design and utilization 
                        of risk assessment mechanisms to aid 
                        juvenile justice personnel in 
                        determining appropriate sanctions for 
                        delinquent behavior;
                  [(M)] (N) community-based programs and 
                services to work with juveniles, their parents, 
                and other family members during and after 
                incarceration in order to strengthen families 
                and reduce the risk of recidivism [so that such 
                juveniles may be retained in their homes];
                  [(N)] (O) programs (including referral to 
                literacy programs and social service programs) 
                to assist families with limited English-
                speaking ability that include delinquent 
                juveniles to overcome language and other 
                barriers that may prevent the complete 
                treatment of such juveniles and the 
                preservation of their families;
                  [(O)] (P) programs designed to prevent and to 
                reduce hate crimes committed by juveniles;
                  [(P)] (Q) after-school programs that provide 
                at-risk juveniles and juveniles in the juvenile 
                justice system with a range of age-appropriate 
                activities, including tutoring, mentoring, and 
                other educational and enrichment activities;
                  [(Q)] (R) community-based programs that 
                provide follow-up post-placement services to 
                adjudicated juveniles, to promote successful 
                reintegration into the community;
                  [(R)] (S) projects designed to develop and 
                implement programs to protect the rights of 
                juveniles affected by the juvenile justice 
                system; [and]
                  [(S)] (T) programs designed to provide mental 
                health or co-occurring disorder services for 
                court-involved or incarcerated juveniles 
                [suspected to be] in need of such services, 
                including assessment, development of 
                individualized treatment plans, [and discharge 
                plans] provision of treatment, and development 
                of discharge plans[.];
                  (U) programs and projects designed to inform 
                juveniles of the opportunity and process for 
                expunging juvenile records and to assist 
                juveniles in pursuing juvenile record 
                expungements for both adjudications and arrests 
                not followed by adjudications;
                  (V) programs that address the needs of girls 
                in or at risk of entering the juvenile justice 
                system, including pregnant girls, young 
                mothers, survivors of commercial sexual 
                exploitation or domestic child sex trafficking, 
                girls with disabilities, and girls of color, 
                including girls who are members of an Indian 
                tribe; and
                  (W) monitoring for compliance with the core 
                requirements and providing training and 
                technical assistance on the core requirements 
                to secure facilities;
          (10) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;
          (11) shall, in accordance with rules issued by the 
        Administrator, provide that--
                  (A) juveniles who are charged with or who 
                have committed an offense that would not be 
                criminal if committed by an adult, excluding--
                          (i) juveniles who are charged with or 
                        who have committed a violation of 
                        section 922(x)(2) of title 18 or of a 
                        similar State law;
                          (ii) juveniles who are charged with 
                        or who have committed a violation of a 
                        valid court order issued and reviewed 
                        in accordance with paragraph (24); and
                          (iii) juveniles who are held in 
                        accordance with the Interstate Compact 
                        on Juveniles as enacted by the State;
                shall not be placed in secure detention 
                facilities or secure correctional facilities; 
                and
                  (B) juveniles--
                          (i) who are not charged with any 
                        offense; and
                          (ii) who are--
                                  (I) aliens; or
                                  (II) alleged to be dependent, 
                                neglected, or abused;
                        shall not be placed in secure detention 
                        facilities or secure correctional 
                        facilities;
          (12) provide that--
                  (A) juveniles alleged to be or found to be 
                delinquent or juveniles within the purview of 
                paragraph (11) will not be detained or confined 
                in any institution in which they have [contact] 
                sight or sound contact with adult inmates; and
                  (B) there is in effect in the State a policy 
                that requires individuals who work with both 
                such juveniles and such adult inmates, 
                including in collocated facilities, have been 
                trained and certified to work with juveniles;
          (13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                  (A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or 
                lockup for a period not to exceed 6 hours--
                          (i) for processing or release;
                          (ii) while awaiting transfer to a 
                        juvenile facility; or
                          (iii) in which period such juveniles 
                        make a court appearance;
                and only if such juveniles do not have 
                [contact] sight or sound contact with adult 
                inmates and only if there is in effect in the 
                State a policy that requires individuals who 
                work with both such juveniles and adult inmates 
                in collocated facilities have been trained and 
                certified to work with juveniles;
                  (B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court 
                appearance that will occur within 48 hours 
                after being taken into custody (excluding 
                Saturdays, Sundays, and legal holidays), and 
                who are detained in a jail or lockup--
                          (i) in which--
                                  (I) such juveniles do not 
                                have [contact] sight or sound 
                                contact with adult inmates; and
                                  (II) there is in effect in 
                                the State a policy that 
                                requires individuals who work 
                                with both such juveniles and 
                                adults inmates in collocated 
                                facilities have been trained 
                                and certified to work with 
                                juveniles; and
                          (ii) that--
                                  (I) is located outside a 
                                metropolitan statistical area 
                                (as defined by the Office of 
                                Management and Budget) and has 
                                no existing acceptable 
                                alternative placement 
                                available;
                                  (II) is located where 
                                conditions of distance to be 
                                traveled or the lack of 
                                highway, road, or 
                                transportation do not allow for 
                                court appearances within 48 
                                hours (excluding Saturdays, 
                                Sundays, and legal holidays) so 
                                that a brief (not to exceed an 
                                additional 48 hours) delay is 
                                excusable; or
                                  (III) is located where 
                                conditions of safety exist 
                                (such as severe adverse, life-
                                threatening weather conditions 
                                that do not allow for 
                                reasonably safe travel), in 
                                which case the time for an 
                                appearance may be delayed until 
                                24 hours after the time that 
                                such conditions allow for 
                                reasonable safe travel;
          (14) require that--
                  (A) not later than 3 years after the date of 
                enactment of the Juvenile Justice and 
                Delinquency Prevention Reauthorization Act of 
                2015, unless a court finds, after a hearing and 
                in writing, that it is in the interest of 
                justice, juveniles awaiting trial or other 
                legal process who are treated as adults for 
                purposes of prosecution in criminal court and 
                housed in a secure facility--
                          (i) shall not have sight or sound 
                        contact with adult inmates; and
                          (ii) except as provided in paragraph 
                        (13), may not be held in any jail or 
                        lockup for adults;
                  (B) in determining under subparagraph (A) 
                whether it is in the interest of justice to 
                permit a juvenile to be held in any jail or 
                lockup for adults, or have sight or sound 
                contact with adult inmates, a court shall 
                consider--
                          (i) the age of the juvenile;
                          (ii) the physical and mental maturity 
                        of the juvenile;
                          (iii) the present mental state of the 
                        juvenile, including whether the 
                        juvenile presents an imminent risk of 
                        harm to the juvenile;
                          (iv) the nature and circumstances of 
                        the alleged offense;
                          (v) the juvenile's history of prior 
                        delinquent acts;
                          (vi) the relative ability of the 
                        available adult and juvenile detention 
                        facilities to not only meet the 
                        specific needs of the juvenile but also 
                        to protect the safety of the public as 
                        well as other detained youth; and
                          (vii) any other relevant factor; and
                  (C) if a court determines under subparagraph 
                (A) that it is in the interest of justice to 
                permit a juvenile to be held in any jail or 
                lockup for adults--
                          (i) the court shall hold a hearing 
                        not less frequently than once every 30 
                        days, or in the case of a rural 
                        jurisdiction, not less frequently than 
                        once every 45 days, to review whether 
                        it is still in the interest of justice 
                        to permit the juvenile to be so held or 
                        have such sight or sound contact; and
                          (ii) the juvenile shall not be held 
                        in any jail or lockup for adults, or 
                        permitted to have sight or sound 
                        contact with adult inmates, for more 
                        than 180 days, unless the court, in 
                        writing, determines there is good cause 
                        for an extension or the juvenile 
                        expressly waives this limitation;
          (15) implement policy, practice, and system 
        improvement strategies at the State, territorial, 
        local, and tribal levels, as applicable, to identify 
        and reduce racial and ethnic disparities among youth 
        who come into contact with the juvenile justice system, 
        without establishing or requiring numerical standards 
        or quotas, by--
                  (A) establishing or designating existing 
                coordinating bodies, composed of juvenile 
                justice stakeholders, (including 
                representatives of the educational system) at 
                the State, local, or tribal levels, to advise 
                efforts by States, units of local government, 
                and Indian tribes to reduce racial and ethnic 
                disparities;
                  (B) identifying and analyzing key decision 
                points in State, local, or tribal juvenile 
                justice systems to determine which points 
                create racial and ethnic disparities among 
                youth who come into contact with the juvenile 
                justice system; and
                  (C) developing and implementing a work plan 
                that includes measurable objectives for policy, 
                practice, or other system changes, based on the 
                needs identified in the data collection and 
                analysis under subparagraph (B);
          [(14)] (16) provide for an [adequate system] 
        effective system of monitoring jails, lock-ups, 
        detention facilities, and correctional facilities[, and 
        non-secure facilities] to [insure] ensure that the 
        [requirements of paragraphs (11), (12), and (13) are 
        met, and for annual reporting of the results of such 
        monitoring to the Administrator] core requirements are 
        met, and for annual reporting to the Administrator, 
        except that such reporting requirements shall not apply 
        in the case of a State which is in compliance with the 
        other requirements of this paragraph, which is in 
        compliance with the [requirements in paragraphs (11) 
        and (12), and which has enacted legislation which 
        conforms to such requirements and which contains, [in 
        the opinion of the Administrator,] sufficient 
        enforcement mechanisms to ensure that such legislation 
        will be administered effectively;
          [(15)] (17) provide assurance that youth in the 
        juvenile justice system are treated equitably on the 
        basis of gender, race, ethnicity, family income, and 
        disability;
          [(16)] (18) provide assurance that consideration will 
        be given to and that assistance will be available for 
        approaches designed to strengthen the families of 
        delinquent and other youth to prevent juvenile 
        delinquency (which approaches should include the 
        involvement of grandparents or other extended family 
        members when possible and appropriate and the provision 
        of family counseling during the incarceration of 
        juvenile family members and coordination of family 
        services when appropriate and feasible);
          [(17)] (19) provide for procedures to be established 
        for protecting the rights of recipients of services and 
        for assuring appropriate privacy with regard to records 
        relating to such services provided to any individual 
        under the State plan;
          [(18)] (20) provide assurances that--
                  (A) any assistance provided under this 
                chapter will not cause the displacement 
                (including a partial displacement, such as a 
                reduction in the hours of nonovertime work, 
                wages, or employment benefits) of any currently 
                employed employee;
                  (B) activities assisted under this chapter 
                will not impair an existing collective 
                bargaining relationship, contract for services, 
                or collective bargaining agreement; and
                  (C) no such activity that would be 
                inconsistent with the terms of a collective 
                bargaining agreement shall be undertaken 
                without the written concurrence of the labor 
                organization involved;
          [(19)] (21) provide for such fiscal control and fund 
        accounting procedures necessary to assure prudent use, 
        proper disbursement, and accurate accounting of funds 
        received under this subchapter;
          [(20)] (22) provide reasonable assurance that Federal 
        funds made available under this part for any period 
        will be so used as to supplement and increase (but not 
        supplant) the level of the State, local, and other non-
        Federal funds that would in the absence of such Federal 
        funds be made available for the programs described in 
        this part, and will in no event replace such State, 
        local, and other non-Federal funds;
          [(21)] (23) provide that the State agency designated 
        under paragraph (1) will--
                  (A) to the extent practicable give priority 
                in funding to programs and activities that are 
                based on rigorous, systematic, and objective 
                research that is scientifically based;
                  (B) from time to time, but not less than 
                annually, review its plan and submit to the 
                Administrator an analysis and evaluation of the 
                effectiveness of the programs and activities 
                carried out under the plan, and any 
                modifications in the plan, including the survey 
                of State and local needs, that it considers 
                necessary; and
                  (C) not expend funds to carry out a program 
                if the recipient of funds who carried out such 
                program during the preceding 2-year period 
                fails to demonstrate, before the expiration of 
                such 2-year period, that such program achieved 
                substantial success in achieving the goals 
                specified in the application submitted by such 
                recipient to the State agency;
          [(22) address juvenile delinquency prevention efforts 
        and system improvement efforts designed to reduce, 
        without establishing or requiring numerical standards 
        or quotas, the disproportionate number of juvenile 
        members of minority groups, who come into contact with 
        the juvenile justice system;]
          [(23)] (24) provide that if a juvenile is taken into 
        custody for violating a valid court order issued for 
        committing a status offense--
                  (A) an appropriate public agency shall be 
                promptly notified that such [juvenile] status 
                offender is held in custody for violating such 
                order;
                  (B) not later than 24 hours during which such 
                [juvenile] status offender is so held, an 
                authorized representative of such agency shall 
                interview, in person, such [juvenile] status 
                offender; [and]
                  (C) not later than 48 hours during which such 
                [juvenile] status offender is so held--
                          (i) such representative shall submit 
                        an assessment to the court that issued 
                        such order, regarding the immediate 
                        needs of such [juvenile] status 
                        offender; [and]
                          (ii) such court shall conduct a 
                        hearing to determine--
                                  (I) whether there is 
                                reasonable cause to believe 
                                that such [juvenile] status 
                                offender violated such order; 
                                and
                                  (II) the appropriate 
                                placement of such [juvenile] 
                                status offender pending 
                                disposition of the violation 
                                alleged; and
                          (iii) if such court determines the 
                        status offender should be placed in a 
                        secure detention facility or 
                        correctional facility for violating 
                        such order--
                                  (I) the court shall issue a 
                                written order that--
                                          (aa) identifies the 
                                        valid court order that 
                                        has been violated;
                                          (bb) specifies the 
                                        factual basis for 
                                        determining that there 
                                        is reasonable cause to 
                                        believe that the status 
                                        offender has violated 
                                        such order;
                                          (cc) includes 
                                        findings of fact to 
                                        support a determination 
                                        that there is no 
                                        appropriate less 
                                        restrictive alternative 
                                        available to placing 
                                        the status offender in 
                                        such a facility, with 
                                        due consideration to 
                                        the best interest of 
                                        the juvenile;
                                          (dd) specifies the 
                                        length of time, not to 
                                        exceed 7 days, that the 
                                        status offender may 
                                        remain in a secure 
                                        detention facility or 
                                        correctional facility, 
                                        and includes a plan for 
                                        the status offender's 
                                        release from such 
                                        facility; and
                                          (ee) may not be 
                                        renewed or extended; 
                                        and
                                  (II) the court may not issue 
                                a second or subsequent order 
                                described in subclause (I) 
                                relating to a status offender, 
                                unless the status offender 
                                violates a valid court order 
                                after the date on which the 
                                court issues an order described 
                                in subclause (I);
                  (D) there are procedures in place to ensure 
                that any status offender held in a secure 
                detention facility or correctional facility 
                pursuant to a court order described in this 
                paragraph does not remain in custody longer 
                than 7 days or the length of time authorized by 
                the court, whichever is shorter; and
                  (E) not later than 3 years after the date of 
                enactment of the Juvenile Justice and 
                Delinquency Prevention Reauthorization Act of 
                2015, the State will eliminate the use of valid 
                court orders to provide secure confinement of 
                status offenders;
          [(24)] (25) provide an assurance that if the State 
        receives under section 5632 of this title for any 
        fiscal year an amount that exceeds 105 percent of the 
        amount the State received under such section for fiscal 
        year 2000, all of such excess shall be expended through 
        or for programs that are part of a comprehensive and 
        coordinated community system of services;
          [(25)] (26) specify a percentage (if any), not to 
        exceed 5 percent, of funds received by the State under 
        section 5632 of this title (other than funds made 
        available to the State advisory group under section 
        5632(d) of this title) that the State will reserve for 
        expenditure by the State to provide incentive grants to 
        units of general local government that reduce the 
        caseload of probation officers within such units;
          [(26)] (27) provide that the State, to the maximum 
        extent practicable, and in accordance with 
        confidentiality concerns, will implement a system to 
        ensure that if a juvenile is before a court in the 
        juvenile justice system, public child welfare records 
        (including child protective services records) relating 
        to such juvenile that are on file in the geographical 
        area under the jurisdiction of such court will be made 
        known to such court[;], so as to provide for--
                  (A) data in child abuse or neglect reports 
                relating to juveniles entering the juvenile 
                justice system with a prior reported history of 
                arrest, court intake, probation and parole, 
                juvenile detention, and corrections; and
                  (B) a plan to use the data described in 
                subparagraph (A) to provide necessary services 
                for the treatment of such victims of child 
                abuse or neglect;
          [(27) establish policies and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        and implementing treatment plans for juvenile 
        offenders; and]
          (28) provide assurances that juvenile offenders whose 
        placement is funded through section 672 of this title 
        receive the protections specified in section 671 of 
        this title, including a case plan and case plan review 
        as defined in section 675 of this title[.];
          (29) provide for the coordinated use of funds 
        provided under this Act with other Federal and State 
        funds directed at juvenile delinquency prevention and 
        intervention programs;
          (30) describe the policies, procedures, and training 
        in effect for the staff of juvenile State correctional 
        facilities to eliminate the use of dangerous practices, 
        unreasonable restraints (such as the shackling of 
        pregnant juveniles during labor and delivery), and 
        unreasonable isolation, including by developing 
        effective behavior management techniques;
          (31) describe--
                  (A) the evidence-based methods that will be 
                used to conduct mental health and substance 
                abuse screening, assessment, referral, and 
                treatment for juveniles who--
                          (i) request a screening;
                          (ii) show signs of needing a 
                        screening; or
                          (iii) are held for a period of more 
                        than 24 hours in a secure facility that 
                        provides for an initial screening; and
                  (B) how the State will seek, to the extent 
                practicable, to provide or arrange for mental 
                health and substance abuse disorder treatment 
                for juveniles determined to be in need of such 
                treatment;
          (32) describe how reentry planning by the State for 
        juveniles will include--
                  (A) a written case plan based on an 
                assessment of needs that includes--
                          (i) the pre-release and post-release 
                        plans for the juveniles;
                          (ii) the living arrangement to which 
                        the juveniles are to be discharged; and
                          (iii) any other plans developed for 
                        the juveniles based on an 
                        individualized assessment; and
                  (B) review processes;
          (33) provide that the agency of the State receiving 
        funds under this Act collaborate with the State 
        educational agency receiving assistance under part A of 
        title I of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6311 et seq.) to develop and 
        implement a plan to ensure that, in order to support 
        educational progress--
                  (A) the student records of adjudicated 
                juveniles, including electronic records if 
                available, are transferred in a timely manner 
                from the educational program in the juvenile 
                detention or secure treatment facility to the 
                educational or training program into which the 
                juveniles will enroll;
                  (B) the credits of adjudicated juveniles are 
                transferred; and
                  (C) adjudicated juveniles receive full or 
                partial credit toward high school graduation 
                for secondary school coursework satisfactorily 
                completed before and during the period of time 
                during which the juveniles are held in custody, 
                regardless of the local educational agency or 
                entity from which the credits were earned; and
          (34) describe policies and procedures to--
                  (A) screen for, identify, and document in 
                records of the State the identification of 
                victims of domestic human trafficking, or those 
                at risk of such trafficking, upon intake; and
                  (B) divert youth described in subparagraph 
                (A) to appropriate programs or services, to the 
                extent practicable.
    (b) Approval by State Agency.--The State agency designated 
under subsection (a)(1) of this section, after receiving and 
considering the advice and recommendations of the advisory 
group referred to in subsection (a) of this section, shall 
approve the State plan and any modification thereof prior to 
submission to the Administrator.
    [(c) Compliance With Statutory Requirements.--If a State 
fails to comply with any of the applicable requirements of 
paragraphs (11), (12), (13), and (22) of subsection (a) of this 
section in any fiscal year beginning after September 30, 2001, 
then--
          [(1) subject to paragraph (2), the amount allocated 
        to such State under section 5632 of this title for the 
        subsequent fiscal year shall be reduced by not less 
        than 20 percent for each such paragraph with respect to 
        which the failure occurs, and
          [(2) the State shall be ineligible to receive any 
        allocation under such section for such fiscal year 
        unless--
                  [(A) the State agrees to expend 50 percent of 
                the amount allocated to the State for such 
                fiscal year to achieve compliance with any such 
                paragraph with respect to which the State is in 
                noncompliance; or
                  [(B) the Administrator determines that the 
                State--
                          [(i) has achieved substantial 
                        compliance with such applicable 
                        requirements with respect to which the 
                        State was not in compliance; and
                          [(ii) has made, through appropriate 
                        executive or legislative action, an 
                        unequivocal commitment to achieving 
                        full compliance with such applicable 
                        requirements within a reasonable time.]
    (c)(1) If a State fails to comply with any of the core 
requirements in any fiscal year, then--
          (A) subject to subparagraph (B), the amount allocated 
        to such State under section 222 for the subsequent 
        fiscal year shall be reduced by not less than 20 
        percent for each core requirement with respect to which 
        the failure occurs; and
          (B) the State shall be ineligible to receive any 
        allocation under such section for such fiscal year 
        unless--
                  (i) the State agrees to expend 50 percent of 
                the amount allocated to the State for such 
                fiscal year to achieve compliance with any such 
                paragraph with respect to which the State is in 
                noncompliance; or
                  (ii) the Administrator determines that the 
                State--
                          (I) has achieved substantial 
                        compliance with such applicable 
                        requirements with respect to which the 
                        State was not in compliance; and
                          (II) has made, through appropriate 
                        executive or legislative action, an 
                        unequivocal commitment to achieving 
                        full compliance with such applicable 
                        requirements within a reasonable time.
    (2) Of the total amount of funds not allocated for a fiscal 
year under paragraph (1)--
          (A) 50 percent of the unallocated funds shall be 
        reallocated under section 222 to States that have not 
        failed to comply with the core requirements; and
          (B) 50 percent of the unallocated funds shall be used 
        by the Administrator to provide additional training and 
        technical assistance to States for the purpose of 
        promoting compliance with the core requirements.
    (d) Nonsubmission or Nonqualification of Plan; Expenditure 
of Allotted Funds; Availability of Reallocated Funds.--In the 
event that any State chooses not to submit a plan, fails to 
submit a plan, or submits a plan or any modification thereof, 
which the Administrator, after reasonable notice and 
opportunity for hearing, in accordance with sections 3783, 
3784, and 3785 of this title, determines does not meet the 
requirements of this section, the Administrator shall endeavor 
to make that State's allocation under the provisions of section 
5632(a) of this title, excluding funds the Administrator shall 
make available to satisfy the requirement specified in section 
5632(d) of this title, available to local public and private 
nonprofit agencies within such State for use in carrying out 
activities of the kinds [described in paragraphs (11), (12), 
(13), and (22) of subsection (a)] described in the core 
requirements of this section. The Administrator shall make 
funds which remain available after disbursements are made by 
the Administrator under the preceding sentence, and any other 
unobligated funds, available on an equitable basis and to those 
States that have achieved full compliance with [the 
requirements under paragraphs (11), (12), (13), and (22) of 
subsection (a)] the core requirements of this section.
    (e) Administrative and Supervisory Board Membership 
Requirements.--Notwithstanding any other provision of law, the 
Administrator shall establish appropriate administrative and 
supervisory board membership requirements for a State agency 
designated under subsection (a)(1) of this section and permit 
the State advisory group appointed under subsection (a)(3) of 
this section to operate as the supervisory board for such 
agency, at the discretion of the chief executive officer of the 
State.
    (f) Technical Assistance.--
          (1) In general.--The Administrator shall provide 
        technical and financial assistance to an eligible 
        organization composed of member representatives of the 
        State advisory groups appointed under subsection (a)(3) 
        of this section to assist such organization to carry 
        out the functions specified in paragraph (2).
          (2) Assistance.--To be eligible to receive such 
        assistance, such organization shall agree to carry out 
        activities that include--
                  [(A) conducting an annual conference of such 
                member representatives for purposes relating to 
                the activities of such State advisory groups;]
                  [(B)] (A) disseminating information, data, 
                standards, advanced techniques, and program 
                models;
                  [(C)] (B) reviewing Federal policies 
                regarding juvenile justice and delinquency 
                prevention;
                  [(D)] (C) advising the Administrator with 
                respect to particular functions or aspects of 
                the work of the Office; and
                  [(E)] (D) advising the President and Congress 
                with regard to State perspectives on the 
                operation of the Office and Federal legislation 
                pertaining to juvenile justice and delinquency 
                prevention.
    (g) Compliance Determination.--
          (1) In general.--For each fiscal year, the 
        Administrator shall make a determination regarding 
        whether each State receiving a grant under this Act is 
        in compliance or out of compliance with respect to each 
        of the core requirements.
          (2) Reporting.--The Administrator shall--
                  (A) issue an annual public report--
                          (i) describing any determination 
                        described in paragraph (1) made during 
                        the previous year, including a summary 
                        of the information on which the 
                        determination is based and the actions 
                        to be taken by the Administrator 
                        (including a description of any 
                        reduction imposed under subsection 
                        (c)); and
                          (ii) for any such determination that 
                        a State is out of compliance with any 
                        of the core requirements, describing 
                        the basis for the determination; and
                  (B) make the report described in subparagraph 
                (A) available on a publicly available website.
          (3) Determinations required.--The Administrator may 
        not determine that a State is not out of compliance, or 
        issue any other determination not described in 
        paragraph (1), with respect to any core requirement, or 
        otherwise fail to make the compliance determinations 
        required under paragraph (1).

Sec. 5651. Authority to make grants

    (a) Grants to Eligible States.--The Administrator may make 
grants to eligible States, from funds allocated under section 
5652 of this title, for the purpose of providing financial 
assistance to eligible entities to carry out projects designed 
to prevent juvenile delinquency, including--
          (1) projects that provide treatment (including 
        treatment for mental health problems) to status 
        offenders, juvenile offenders, and juveniles who are at 
        risk of becoming juvenile offenders, who are victims of 
        child abuse or neglect or who have experienced violence 
        in their homes, at school, or in the community, and to 
        their families, in order to reduce the likelihood that 
        such juveniles will commit violations of law;
          (2) educational projects or supportive services for 
        delinquent or other juveniles--
                  (A) to encourage juveniles to remain in 
                elementary and secondary schools or in 
                alternative learning situations in educational 
                settings, including for truancy prevention and 
                reduction and social and independent living 
                skills development;
                  (B) to provide services to assist juveniles 
                in making the transition to the world of work 
                and self-sufficiency;
                  (C) to assist in identifying learning 
                difficulties (including learning disabilities);
                  (D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                  (E) to encourage new approaches and 
                techniques with respect to the prevention of 
                school violence and vandalism;
                  (F) which assist law enforcement personnel 
                and juvenile justice personnel to more 
                effectively recognize and provide for learning-
                disabled and other juveniles with disabilities;
                  (G) which develop locally coordinated 
                policies and programs among education, juvenile 
                justice, and social service agencies; or
                  (H) to provide services to juveniles with 
                serious mental and emotional disturbances (SED) 
                in need of mental health services;
          (3) projects which expand the use of probation 
        officers--
                  (A) particularly for the purpose of 
                permitting nonviolent juvenile offenders 
                (including status offenders) to remain at home 
                with their families as an alternative to 
                incarceration or institutionalization; and
                  (B) to ensure that juveniles follow the terms 
                of their probation;
          (4) counseling, training, and mentoring programs, 
        which may be in support of academic tutoring, 
        vocational and technical training, and drug and 
        violence prevention counseling, that are designed to 
        link at-risk juveniles, juvenile offenders, or 
        juveniles who have a parent or legal guardian who is or 
        was incarcerated in a Federal, State, or local 
        correctional facility or who is otherwise under the 
        jurisdiction of a Federal, State, or local criminal 
        justice system, particularly juveniles residing in low-
        income and high-crime areas and juveniles experiencing 
        educational failure, with responsible individuals (such 
        as law enforcement officers, Department of Defense 
        personnel, individuals working with local businesses, 
        and individuals working with community-based and faith-
        based organizations and agencies) who are properly 
        screened and trained;
          (5) community-based projects and services (including 
        literacy and social service programs) which work with 
        [juvenile offenders and juveniles] status offenders, 
        juvenile offenders, and juveniles who are at risk of 
        becoming juvenile offenders, including those from 
        families with limited English-speaking proficiency, 
        their parents, their siblings, and other family members 
        during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow 
        juvenile offenders to be retained in their homes, and 
        to prevent the involvement of other juvenile family 
        members in delinquent activities;
          (6) projects designed to provide for the treatment 
        (including mental health services) of juveniles for 
        dependence on or abuse of alcohol, drugs, or other 
        harmful substances;
          (7) projects which leverage funds to provide 
        scholarships for postsecondary education and training 
        for low-income juveniles who reside in neighborhoods 
        with high rates of poverty, violence, and drug-related 
        crimes;
          (8) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                  (A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                  (B) to provide appropriate interventions 
                (including mental health services) to prevent 
                such juvenile from committing subsequent 
                offenses;
          (9) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the 
        rate of, the participation of juveniles in gangs that 
        commit crimes (particularly violent crimes), that 
        unlawfully use firearms and other weapons, or that 
        unlawfully traffic in drugs and that involve, to the 
        extent practicable, families and other community 
        members (including law enforcement personnel and 
        members of the business community) in the activities 
        conducted under such projects;
          (10) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles 
        through the collaboration of the many local service 
        systems juveniles encounter, including schools, courts, 
        law enforcement agencies, child protection agencies, 
        mental health agencies, welfare services, health care 
        agencies (including collaboration on appropriate 
        prenatal care for pregnant juvenile offenders), private 
        nonprofit agencies, and public recreation agencies 
        offering services to juveniles, including juveniles 
        with disabilities;
          (11) to develop, implement, and support, in 
        conjunction with public and private agencies, 
        organizations, and businesses, projects for the 
        employment of juveniles and referral to job training 
        programs (including referral to Federal job training 
        programs);
          (12) delinquency prevention activities which involve 
        youth clubs, sports, recreation and parks, peer 
        counseling and teaching, the arts, leadership 
        development, community service, volunteer service, 
        before- and after-school programs, violence prevention 
        activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
          (13) to establish policies and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        treatment plans for juvenile offenders;
          (14) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
          (15) programs that focus on the needs of young girls 
        at-risk of delinquency or status offenses;
          (16) projects which provide for--
                  (A) an assessment by a qualified mental 
                health professional of incarcerated juveniles 
                who are suspected to be in need of mental 
                health services;
                  (B) the development of an individualized 
                treatment plan for those incarcerated juveniles 
                determined to be in need of such services;
                  (C) the inclusion of a discharge plan for 
                incarcerated juveniles receiving mental health 
                services that addresses aftercare services; and
                  (D) all juveniles receiving psychotropic 
                medications to be under the care of a licensed 
                mental health professional;
          (17) after-school programs that provide at-risk 
        juveniles and juveniles in the juvenile justice system 
        with a range of age-appropriate activities, including 
        tutoring, mentoring, and other educational and 
        enrichment activities;
          (18) programs related to the establishment and 
        maintenance of a school violence hotline, based on a 
        public-private partnership, that students and parents 
        can use to report suspicious, violent, or threatening 
        behavior to local school and law enforcement 
        authorities;
          (19) programs (excluding programs to purchase guns 
        from juveniles) designed to reduce the unlawful 
        acquisition and illegal use of guns by juveniles, 
        including partnerships between law enforcement 
        agencies, health professionals, school officials, 
        firearms manufacturers, consumer groups, faith-based 
        groups and community organizations;
          (20) programs designed to prevent animal cruelty by 
        juveniles and to counsel juveniles who commit animal 
        cruelty offenses, including partnerships among law 
        enforcement agencies, animal control officers, social 
        services agencies, and school officials;
          (21) programs that provide suicide prevention 
        services for incarcerated juveniles and for juveniles 
        leaving the incarceration system;
          (22) programs to establish partnerships between State 
        educational agencies and local educational agencies for 
        the design and implementation of character education 
        and training programs that reflect the values of 
        parents, teachers, and local communities, and 
        incorporate elements of good character, including 
        honesty, citizenship, courage, justice, respect, 
        personal responsibility, and trustworthiness;
          (23) programs that foster strong character 
        development in at-risk juveniles and juveniles in the 
        juvenile justice system;
          (24) local programs that provide for immediate 
        psychological evaluation and follow-up treatment 
        (including evaluation and treatment during a mandatory 
        holding period for not less than 24 hours) for 
        juveniles who bring a gun on school grounds without 
        permission from appropriate school authorities; and
          (25) other activities that are likely to prevent 
        juvenile delinquency.
    (b) Grants to Eligible Indian Tribes.--The Administrator 
may make grants to eligible Indian tribes from funds allocated 
under section 5652(b) of this title, to carry out projects of 
the kinds described in subsection (a) of this section.

Sec. 5653. Eligibility of States

    (a) Application.--To be eligible to receive a grant under 
section 5651 of this title, a State shall submit to the 
Administrator an application that contains the following:
          (1) An assurance that the State will use--
                  (A) not more than [5] 10 percent of such 
                grant, in the aggregate, for--
                          (i) the costs incurred by the State 
                        to carry out this part; and
                          (ii) to evaluate, and provide 
                        technical assistance relating to, 
                        projects and activities carried out 
                        with funds provided under this part; 
                        and
                  (B) the remainder of such grant to make 
                grants under section 5654 of this title.
          (2) An assurance that, and a detailed description of 
        how, such grant will supplement, and not supplant State 
        and local efforts to prevent juvenile delinquency.
          (3) An assurance that such application was prepared 
        after consultation with and participation by the State 
        advisory group, community-based organizations, and 
        organizations in the local juvenile justice system, 
        that carry out programs, projects, or activities to 
        prevent juvenile delinquency.
          (4) An assurance that the State advisory group will 
        be afforded the opportunity to review and comment on 
        all grant applications submitted to the State agency.
          (5) An assurance that each eligible entity described 
        in section 5654 of this title that receives an initial 
        grant under section 5654 of this title to carry out a 
        project or activity shall also receive an assurance 
        from the State that such entity will receive from the 
        State, for the subsequent fiscal year to carry out such 
        project or activity, a grant under such section in an 
        amount that is proportional, based on such initial 
        grant and on the amount of the grant received under 
        section 5651 of this title by the State for such 
        subsequent fiscal year, but that does not exceed the 
        amount specified for such subsequent fiscal year in 
        such application as approved by the State.
          (6) Such other information and assurances as the 
        Administrator may reasonably require by rule.
    (b) Approval of Applications.--
          (1) Approval required.--Subject to paragraph (2), the 
        Administrator shall approve an application, and 
        amendments to such application submitted in subsequent 
        fiscal years, that satisfy the requirements of 
        subsection (a) of this section.
          (2) Limitation.--The Administrator may not approve 
        such application (including amendments to such 
        application) for a fiscal year unless--
                  (A)(i) the State submitted a plan under 
                section 5633 of this title for such fiscal 
                year; and
                  (ii) such plan is approved by the 
                Administrator for such fiscal year; or
                  (B) the Administrator waives the application 
                of subparagraph (A) to such State for such 
                fiscal year, after finding good cause for such 
                a waiver.

Sec. 5656. Grants to Indian Tribes

    (a) Eligibility.--
          (1) Application.--To be eligible to receive a grant 
        under section 5651(b) of this title, an Indian tribe 
        shall submit to the Administrator an application in 
        accordance with this section, in such form and 
        containing such information as the Administrator may 
        require by rule.
          (2) Plans.--Such application shall include a plan for 
        conducting programs, projects, and activities described 
        in section 5651(a) of this title, which plan shall--
                  [(A) provide evidence that the applicant 
                Indian tribe performs law enforcement functions 
                (as determined by the Secretary of the 
                Interior);]
                  [(B)] (A) identify the juvenile justice and 
                delinquency problems and juvenile delinquency 
                prevention needs to be addressed by activities 
                conducted with funds provided by the grant for 
                which such application is submitted, by the 
                Indian tribe in the geographical area under the 
                jurisdiction of the Indian tribe;
                  [(C)] (B) provide for fiscal control and 
                accounting procedures that--
                          (i) are necessary to ensure the 
                        prudent use, proper disbursement, and 
                        accounting of grants received by 
                        applicants under this section; and
                          (ii) are consistent with the 
                        requirement specified in [subparagraph 
                        (B)] subparagraph (A); and
                  [(D)] (C) comply with the requirements 
                specified in section 5633(a) of this title 
                (excluding any requirement relating to 
                consultation with a State advisory group) and 
                with the requirements specified in section 
                5632(c) of this title; and
                  [(E)] (D) contain such other information, and 
                be subject to such additional requirements, as 
                the Administrator may reasonably require by 
                rule to ensure the effectiveness of the 
                projects for which grants are made under 
                section 5651(b) of this title.
    (b) Factors for Consideration.--For the purpose of 
selecting eligible applicants to receive grants under section 
5651(b) of this title, the Administrator shall consider--
          (1) the resources that are available to each 
        applicant Indian tribe that will assist, and be 
        coordinated with, the overall juvenile justice system 
        of the Indian tribe; and
          (2) with respect to each such applicant--
                  (A) the juvenile population; and
                  (B) the population and the entities that will 
                be served by projects proposed to be carried 
                out with the grant for which the application is 
                submitted.
    (c) Grant Process.--
          (1) Selection of grant recipients.--
                  (A) Selection requirements.--Except as 
                provided in paragraph (2), the Administrator 
                shall--
                          (i) make grants under this section on 
                        a competitive basis; and
                          (ii) specify in writing to each 
                        applicant selected to receive a grant 
                        under this section, the terms and 
                        conditions on which such grant is made 
                        to such applicant.
                  (B) Period of grant.--A grant made under this 
                section shall be available for expenditure 
                during a 2-year period.
          (2) Exception.--If--
                  (A) in the 2-year period for which a grant 
                made under this section shall be expended, the 
                recipient of such grant applies to receive a 
                subsequent grant under this section; and
                  (B) the Administrator determines that such 
                recipient performed during the year preceding 
                the 2-year period for which such recipient 
                applies to receive such subsequent grant 
                satisfactorily and in accordance with the terms 
                and conditions applicable to the grant 
                received;
        then the Administrator may waive the application of the 
        competition-based requirement specified in paragraph 
        (1)(A)(i) and may allow the applicant to incorporate by 
        reference in the current application the text of the 
        plan contained in the recipient's most recent 
        application previously approved under this section.
          (3) Authority to modify application process for 
        subsequent grants.--The Administrator may modify by 
        rule the operation of subsection (a) of this section 
        with respect to the submission and contents of 
        applications for subsequent grants described in 
        paragraph (2).
    (d) Reporting Requirement.--Each Indian tribe that receives 
a grant under this section shall be subject to the fiscal 
accountability provisions of section 450c(f)(1) of title 25, 
relating to the submission of a single-agency audit report 
required by chapter 75 of title 31.
    (e) Matching Requirement.--
          (1) Funds appropriated for the activities of any 
        agency of an Indian tribal government or the Bureau of 
        Indian Affairs performing law enforcement functions on 
        any Indian lands may be used to provide the non-Federal 
        share of any program or project with a matching 
        requirement funded under this section.
          (2) Paragraph (1) shall not apply with respect to 
        funds appropriated before November 2, 2002.
          (3) If the Administrator determines that an Indian 
        tribe does not have sufficient funds available to meet 
        the non-Federal share of the cost of any program or 
        activity to be funded under the grant, the 
        Administrator may increase the Federal share of the 
        cost thereof to the extent the Administrator deems 
        necessary.

Sec. 5661. Research and evaluation; statistical analyses; information 
                    dissemination

    (a) Research and Evaluation.--
          (1) The Administrator [may] shall--
                  (A) [plan and identify] annually publish a 
                plan to identify the purposes and goals of all 
                agreements carried out with funds provided 
                under this subsection; and
                  (B) conduct research or evaluation in 
                juvenile justice matters, for the purpose of 
                providing research and evaluation relating to--
                          (i) the prevention, reduction, and 
                        control of juvenile delinquency and 
                        serious crime committed by juveniles;
                          (ii) the link between juvenile 
                        delinquency and the incarceration of 
                        members of the families of juveniles;
                          [(iii) successful efforts to prevent 
                        first-time minor offenders from 
                        committing subsequent involvement in 
                        serious crime;]
                          (iii) successful efforts to prevent 
                        status offenders and first-time minor 
                        offenders from subsequent involvement 
                        with the juvenile justice and criminal 
                        justice systems;
                          (iv) successful efforts to prevent 
                        recidivism;
                          (v) the juvenile justice system;
                          (vi) juvenile violence;
                          [(vii) appropriate mental health 
                        services for juveniles and youth at 
                        risk of participating in delinquent 
                        activities;]
                          (vii) the prevalence and duration of 
                        behavioral health needs (including 
                        mental health, substance abuse, and co-
                        occurring disorders) among juveniles 
                        pre-placement and post-placement when 
                        held in the custody of secure detention 
                        and corrections facilities, including 
                        an examination of the effects of 
                        confinement;
                          (viii) reducing the proportion of 
                        juveniles detained or confined in 
                        secure detention facilities, secure 
                        correctional facilities, jails, and 
                        lockups who are members of minority 
                        groups;
                          (ix) training efforts and reforms 
                        that have produced reductions in or 
                        elimination of the use of dangerous 
                        practices;
                          (x) methods to improve the 
                        recruitment, selection, training, and 
                        retention of professional personnel who 
                        are focused on the prevention, 
                        identification, and treatment of 
                        delinquency;
                          (xi) methods to improve the 
                        identification and response to victims 
                        of domestic child sex trafficking 
                        within the juvenile justice system;
                          (xii) identifying positive outcome 
                        measures, such as attainment of 
                        employment and educational degrees, 
                        that States and units of local 
                        government should use to evaluate the 
                        success of programs aimed at reducing 
                        recidivism of youth who have come in 
                        contact with the juvenile justice 
                        system or criminal justice system;
                          (xiii) evaluating the impact and 
                        outcomes of the prosecution and 
                        sentencing of juveniles as adults;
                          (xiv) successful and cost-effective 
                        efforts by States and units of local 
                        government to reduce recidivism through 
                        policies that provide for consideration 
                        of appropriate alternative sanctions to 
                        incarceration of youth facing 
                        nonviolent charges, while ensuring that 
                        public safety is preserved;
                          [(ix)] (xv) evaluating services, 
                        treatment, and aftercare placement of 
                        juveniles who were under the care of 
                        the State child protection system 
                        before their placement in the juvenile 
                        justice system;
                          [(x)] (xvi) determining--
                                  (I) the frequency, 
                                seriousness, and incidence of 
                                drug use by youth in schools 
                                and communities in the States 
                                using, if appropriate, data 
                                submitted by the States 
                                pursuant to this subparagraph 
                                and subsection (b) of this 
                                section; and
                                  (II) the frequency, degree of 
                                harm, and morbidity of violent 
                                incidents, particularly 
                                firearm-related injuries and 
                                fatalities, by youth in schools 
                                and communities in the States, 
                                including information with 
                                respect to--
                                          (aa) the relationship 
                                        between victims and 
                                        perpetrators;
                                          (bb) demographic 
                                        characteristics of 
                                        victims and 
                                        perpetrators; and
                                          (cc) the type of 
                                        weapons used in 
                                        incidents, as 
                                        classified in the 
                                        Uniform Crime Reports 
                                        of the Federal Bureau 
                                        of Investigation; and
                          [(xi)] (xvii) other purposes 
                        consistent with the purposes of this 
                        subchapter and subchapter I of this 
                        chapter.
          (2) The Administrator shall ensure that an equitable 
        amount of funds available to carry out paragraph (1)(B) 
        is used for research and evaluation relating to the 
        prevention of juvenile delinquency.
          (3) Nothing in this subsection shall be construed to 
        permit the development of a national database of 
        personally identifiable information on individuals 
        involved in studies, or in data-collection efforts, 
        carried out under paragraph (1)(B)(x).
          (4) Not later than 1 year after [November 2, 2002, 
        the] date of enactment of the Juvenile Justice and 
        Delinquency Prevention Reauthorization Act of 2015, the 
        Administrator shall conduct a study with respect to 
        juveniles who, prior to placement in the juvenile 
        justice system, were under the care or custody of the 
        State child welfare system, and to juveniles who are 
        unable to return to their family after completing their 
        disposition in the juvenile justice system and who 
        remain wards of the State. Such study shall include--
                  (A) the number of juveniles in each category;
                  (B) the extent to which State juvenile 
                justice systems and child welfare systems are 
                coordinating services and treatment for such 
                juveniles;
                  (C) the Federal and local sources of funds 
                used for placements and post-placement 
                services;
                  (D) barriers faced by State in providing 
                services to these juveniles;
                  (E) the types of post-placement services 
                used;
                  (F) the frequency of case plans and case plan 
                reviews; [and]
                  (G) the extent to which case plans identify 
                and address permanency and placement barriers 
                and treatment plans[.];
                  (H) a description of the best practices in 
                discharge planning; and
                  (I) an assessment of living arrangements for 
                juveniles who, upon release from confinement in 
                a State correctional facility, cannot return to 
                the residence they occupied prior to such 
                confinement.
    (b) Statistical Analyses.--The Administrator [may] shall--
          (1) plan and identify the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
          (2) undertake statistical work in juvenile justice 
        matters, for the purpose of providing for the 
        collection, analysis, and dissemination of statistical 
        data and information relating to juvenile delinquency 
        and serious crimes committed by juveniles, to the 
        juvenile justice system, to juvenile violence, and to 
        other purposes consistent with the purposes of this 
        subchapter and subchapter I of this chapter.
    (c) Grant Authority and Competitive Selection Process.--The 
Administrator may make grants and enter into contracts with 
public or private agencies, organizations, or individuals and 
shall use a competitive process, established by rule by the 
Administrator, to carry out subsections (a) and (b) of this 
section.
    (d) Implementation of Agreements.--A Federal agency that 
makes an agreement under subsections (a)(1)(B) and (b)(2) of 
this section with the Administrator may carry out such 
agreement directly or by making grants to or contracts with 
public and private agencies, institutions, and organizations.
    (e) Information Dissemination.--The Administrator may--
          (1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign 
        nations (as appropriate), collect data and information 
        from studies and research into all aspects of juvenile 
        delinquency (including the causes, prevention, and 
        treatment of juvenile delinquency) and serious crimes 
        committed by juveniles;
          (2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the 
        preparation, publication, and dissemination of 
        information relating to juvenile delinquency, including 
        State and local prevention and treatment programs, 
        plans, resources, and training and technical assistance 
        programs; and
          (3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the 
        purpose of disseminating information to representatives 
        and personnel of public and private agencies, including 
        practitioners in juvenile justice, law enforcement, the 
        courts, corrections, schools, and related services, in 
        the establishment, implementation, and operation of 
        projects and activities for which financial assistance 
        is provided under this subchapter.
    (f) National Recidivism Measure.--The Administrator, in 
consultation with experts in the field of juvenile justice 
research, recidivism, and data collection, shall--
          (1) establish a uniform method of data collection and 
        technology that States may use to evaluate data on 
        juvenile recidivism on an annual basis;
          (2) establish a common national juvenile recidivism 
        measurement system; and
          (3) make cumulative juvenile recidivism data that is 
        collected from States available to the public.

Sec. 5662. Training and technical assistance

    (a) Training.--The Administrator [may]--
          (1) shall develop and carry out projects for the 
        purpose of training representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, courts (including 
        model juvenile and family courts), corrections, 
        schools, and related services, to carry out the 
        purposes specified in section 5602 of this title; [and]
          (2) may make grants to and contracts with public and 
        private agencies, institutions, and organizations for 
        the purpose of training representatives and personnel 
        of public and private agencies, including practitioners 
        in juvenile justice, law enforcement, courts (including 
        model juvenile and family courts), corrections, 
        schools, and related services, to carry out the 
        purposes specified in section 5602 of this title[.]; 
        and
          (3) shall provide periodic training for States 
        regarding implementation of the core requirements, 
        current protocols and best practices for achieving and 
        monitoring compliance, and information sharing 
        regarding relevant Office resources on evidence-based 
        and promising programs or practices that promote the 
        purposes of this Act.
    (b) Technical Assistance.--The Administrator [may]--
          (1) shall develop and implement projects for the 
        purpose of providing technical assistance to 
        representatives and personnel of public and private 
        agencies and organizations, including practitioners in 
        juvenile justice, law enforcement, courts (including 
        model juvenile and family courts), corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of programs, projects, 
        and activities for which financial assistance is 
        provided under this subchapter, including compliance 
        with the core requirements; [and]
          (2) may make grants to and contracts with public and 
        private agencies, institutions, and organizations, for 
        the purpose of providing technical assistance to 
        representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, 
        law enforcement, courts (including model juvenile and 
        family courts), corrections, schools, and related 
        services, in the establishment, implementation, and 
        operation of programs, projects, and activities for 
        which financial assistance is provided under this 
        subchapter[.]; and
          (3) shall provide technical assistance to States and 
        units of local government on achieving compliance with 
        the amendments to the core requirements and State Plans 
        made by the Juvenile Justice and Delinquency Prevention 
        Reauthorization Act of 2015, including training and 
        technical assistance and, when appropriate, pilot or 
        demonstration projects intended to develop and 
        replicate best practices for achieving sight and sound 
        separation in facilities or portions of facilities that 
        are open and available to the general public and that 
        may or may not contain a jail or a lock-up; and
          (4) shall provide technical assistance to States in 
        support of efforts to establish partnerships between a 
        State and a university, institution of higher 
        education, or research center designed to improve the 
        recruitment, selection, training, and retention of 
        professional personnel in the fields of medicine, law 
        enforcement, the judiciary, juvenile justice, social 
        work and child protection, education, and other 
        relevant fields who are engaged in, or intend to work 
        in, the field of prevention, identification, and 
        treatment of delinquency.
    (c) Training and Technical Assistance to Mental Health 
Professionals and Law Enforcement Personnel.--The Administrator 
shall provide training and technical assistance to mental 
health professionals and law enforcement personnel (including 
public defenders, prosecutors, police officers, probation 
officers, judges, parole officials, and correctional officers) 
to address or to promote the development, testing, or 
demonstration of promising or innovative models (including 
model juvenile and family courts), programs, or delivery 
systems that address the needs of status offenders and 
juveniles who are alleged or adjudicated delinquent and who, as 
a result of such status, are placed in secure detention or 
confinement or in nonsecure residential placements.
    (d) Technical Assistance to States Regarding Legal 
Representation of Children.--In consultation with experts in 
the field of juvenile defense, the Administrator shall--
          (1) develop and issue standards of practice for 
        attorneys representing children; and
          (2) ensure that the standards issued under paragraph 
        (1) are adapted for use in States.
    (e) Training and Technical Assistance for Local and State 
Juvenile Detention and Corrections Personnel.--The 
Administrator shall coordinate training and technical 
assistance programs with juvenile detention and corrections 
personnel of States and units of local government to--
          (1) promote methods for improving conditions of 
        juvenile confinement, including methods that are 
        designed to minimize the use of dangerous practices, 
        unreasonable restraints, and isolation; and
          (2) encourage alternative behavior management 
        techniques based on positive youth development 
        approaches.
    (f) Training and Technical Assistance To Support Mental 
Health or Substance Abuse Treatment Including Home-Based or 
Community-Based Care.--The Administrator shall provide training 
and technical assistance, in conjunction with the appropriate 
public agencies, to individuals involved in making decisions 
regarding the disposition and management of cases for youth who 
enter the juvenile justice system about the appropriate 
services and placement for youth with mental health or 
substance abuse needs, including--
          (1) juvenile justice intake personnel;
          (2) probation officers;
          (3) juvenile court judges and court services 
        personnel;
          (4) prosecutors and court-appointed counsel; and
          (5) family members of juveniles and family advocates.
    (g) Grants for Juvenile Court Judges and Personnel.--The 
Attorney General, acting through the Office of Juvenile Justice 
and Delinquency Prevention and the Office of Justice Programs, 
shall make grants to improve training, education, technical 
assistance, evaluation, and research to enhance the capacity of 
State and local courts, judges, and related judicial personnel 
to--
          (1) improve the lives of children currently involved 
        in or at risk of being involved in the juvenile court 
        system; and
          (2) carry out the requirements of this Act.
    (h) Free and Reduced Price School Lunches for Incarcerated 
Juveniles.--The Attorney General, in consultation with the 
Secretary of Agriculture, shall provide guidance to States 
relating to existing options for school food authorities in the 
States to apply for reimbursement for free or reduced price 
lunches under the Richard B. Russell National School Lunch Act 
(42 U.S.C. 1751 et seq.) for juveniles who are incarcerated and 
would, if not incarcerated, be eligible for free or reduced 
price lunches under that Act.

[Sec. 5671. Authorization of appropriations

    [(a) Authorization of Appropriations for this Subchapter 
(Excluding Parts C and E).--
          [(1) There are authorized to be appropriated to carry 
        out this subchapter such sums as may be appropriate for 
        fiscal years 2003, 2004, 2005, 2006, and 2007.
          [(2) Of such sums as are appropriated for a fiscal 
        year to carry out this subchapter (other than parts C 
        and E)--
                  [(A) not more than 5 percent shall be 
                available to carry out part A of this 
                subchapter;
                  [(B) not less than 80 percent shall be 
                available to carry out part B of this 
                subchapter; and
                  [(C) not more than 15 percent shall be 
                available to carry out part D of this 
                subchapter.
    [(b) Authorization of Appropriations for Part C.--There are 
authorized to be appropriated to carry out part C of this 
subchapter such sums as may be necessary for fiscal years 2003, 
2004, 2005, 2006, and 2007.
    [(c) Authorization of Appropriations for Part E.--There are 
authorized to be appropriated to carry out part E of this 
subchapter, and authorized to remain available until expended, 
such sums as may be necessary for fiscal years 2003, 2004, 
2005, 2006, and 2007.
    [(d) Experimentation on Individuals; Prohibition; 
``Behavior Control'' Defined.--No funds appropriated to carry 
out the purposes of this subchapter may be used for any bio-
medical or behavior control experimentation on individuals or 
any research involving such experimentation. For the purpose of 
this subsection, the term ``behavior control'' refers to 
experimentation or research employing methods which involve a 
substantial risk of physical or psychological harm to the 
individual subject and which are intended to modify or alter 
criminal and other anti-social behavior, including aversive 
conditioning therapy, drug therapy or chemotherapy (except as 
part of routine clinical care), physical therapy of mental 
disorders, electroconvulsive therapy, or physical punishment. 
The term does not apply to a limited class of programs 
generally recognized as involving no such risk, including 
methadone maintenance and certain alcohol treatment programs, 
psychological counseling, parent training, behavior 
contracting, survival skills training, restitution, or 
community service, if safeguards are established for the 
informed consent of subjects (including parents or guardians of 
minors).]

Sec. 5672. Administrative authority

    (a) Authority of Administrator.--The Office shall be 
administered by the Administrator under the general authority 
of the Attorney General.
    (b) Certain Crime Control Provisions Applicable.--Sections 
3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), and 
3789g(d) of this title, shall apply with respect to the 
administration of and compliance with this chapter, except that 
for purposes of this chapter--
          (1) any reference to the Office of Justice Programs 
        in such sections shall be deemed to be a reference to 
        the Assistant Attorney General who heads the Office of 
        Justice Programs; and
          (2) the term ``this chapter'' as it appears in such 
        sections shall be deemed to be a reference to this 
        chapter.
    (c) Certain Other Crime Control Provisions Applicable.--
Sections 3782(a), 3782(c), and 3787 of this title shall apply 
with respect to the administration of and compliance with this 
chapter, except that for purposes of this chapter--
          (1) any reference to the Attorney General, the 
        Assistant Attorney General who heads the Office of 
        Justice Programs, the Director of the National 
        Institute of Justice, the Director of the Bureau of 
        Justice Statistics, or the Director of the Bureau of 
        Justice Assistance shall be deemed to be a reference to 
        the Administrator;
          (2) any reference to the Office of Justice Programs, 
        the Bureau of Justice Assistance, the National 
        Institute of Justice, or the Bureau of Justice 
        Statistics shall be deemed to be a reference to the 
        Office of Juvenile Justice and Delinquency Prevention; 
        and
          (3) the term ``this chapter'' as it appears in such 
        sections shall be deemed to be a reference to this 
        chapter.
    (d) Rules, Regulations, and Procedures.--The Administrator 
is authorized, [after appropriate consultation with 
representatives of States and units of local government,] to 
establish such rules, regulations, guidance, and procedures as 
are necessary for the exercise of the functions of the Office 
and only to the extent necessary to ensure that there is 
compliance with the specific requirements of this subchapter or 
to respond to requests for clarification and guidance relating 
to such compliance. In developing guidance and procedures, the 
Administrator shall consult with representatives of States and 
units of local government, including those individuals 
responsible for administration of this Act and compliance with 
the core requirements.
    (e) Presumption of State Compliance.--If a State requires 
by law compliance with the [requirements described in 
paragraphs (11), (12), and (13) of section 5633(a)] core 
requirements of this title, then for the period such law is in 
effect in such State such State shall be rebuttably presumed to 
satisfy such requirements.

           *       *       *       *       *       *       *

        CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Subchapter III--Runaway and Homeless Youth

           *       *       *       *       *       *       *

[Sec. 5751. Authorization of appropriations

    [(a) In General.--
          [(1) Authorization.--There are authorized to be 
        appropriated to carry out this subchapter (other than 
        section 5714-25 of this title and part E) $140,000,000 
        for fiscal year 2009, and such sums as may be necessary 
        for fiscal years 2010, 2011, 2012, and 2013.
          [(2) Allocation.--
                  [(A) Parts a and b of this subchapter.--From 
                the amount appropriated under paragraph (1) for 
                a fiscal year, the Secretary shall reserve not 
                less than 90 percent to carry out parts A and B 
                of this subchapter.
                  [(B) Part b of this subchapter.--Of the 
                amount reserved under subparagraph (A), 45 
                percent and, in those fiscal years in which 
                continuation grant obligations and the quality 
                and number of applicants for parts A and B of 
                this subchapter warrant not more than 55 
                percent, shall be reserved to carry out part B 
                of this subchapter.
          [(3) Parts c and d of this subchapter.--
                  [(A) In general.--In each fiscal year, after 
                reserving the amounts required by paragraph 
                (2), the Secretary shall use the remaining 
                amount (if any) to carry out parts C and D of 
                this subchapter (other than section 5714-25 of 
                this title).
                  [(B) Periodic estimate.--There are authorized 
                to be appropriated to carry out section 5714-25 
                of this title such sums as may be necessary for 
                fiscal years 2009, 2010, 2011, 2012, and 2013.
          [(4) Part e of this subchapter.--There are authorized 
        to be appropriated to carry out part E of this 
        subchapter $25,000,000 for fiscal year 2009 and such 
        sums as may be necessary for fiscal years 2010, 2011, 
        2012, and 2013.
    [(b) Separate Identification Required.--No funds 
appropriated to carry out this subchapter may be combined with 
funds appropriated under any other Act if the purpose of 
combining such funds is to make a single discretionary grant, 
or a single discretionary payment, unless such funds are 
separately identified in all grants and contracts and are used 
for the purposes specified in this subchapter.]

           *       *       *       *       *       *       *

        CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

Subchapter IV--Missing Children

           *       *       *       *       *       *       *

[Sec. 5777. Authorization of appropriations

    [(a) In General.--To carry out the provisions of this 
subchapter, there are authorized to be appropriated $40,000,000 
for each of the fiscal years 2014 through 2018, up to 
$32,200,000 of which shall be used to carry out section 5773(b) 
of this title for each such fiscal year.
    [(b) Evaluation.--The Administrator may use not more than 5 
percent of the amount appropriated for a fiscal year under 
subsection (a) of this section to conduct an evaluation of the 
effectiveness of the programs and activities established and 
operated under this subchapter.]

           *       *       *       *       *       *       *

        CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION

    Subchapter V--Incentive Grants for Local Delinquency Prevention 
Programs

           *       *       *       *       *       *       *

Sec. 5781. [Definition] Definitions

    In [this subchapter, the term] this subchapter--
          (1) the term ``mentoring'' means matching 1 adult 
        with 1 or more youths for the purpose of providing 
        guidance, support, and encouragement through regularly 
        scheduled meetings for not less than 9 months; and
          (2) the term ``State advisory group'' means the 
        advisory group appointed by the chief executive officer 
        of a State under a plan described in section 5633(a) of 
        this title.

Sec. 5783. Grants for delinquency prevention programs

    (a) Purposes.--The Administrator may make grants to a 
State, to be transmitted through the State advisory group to 
units of local government that meet the requirements of 
subsection (b), or to federally recognized Indian tribe 1 or 
consortia of federally recognized Indian tribes under 
subsection (d), for delinquency prevention programs and 
activities for juveniles who have had contact with the juvenile 
justice system or who are likely to have contact with the 
juvenile justice system, including the provision to juveniles 
and their families of--
          (1) alcohol and substance abuse prevention services;
          (2) tutoring and remedial education, especially in 
        reading and mathematics;
          (3) child and adolescent health and mental health 
        services;
          (4) recreation services;
          (5) leadership and youth development activities;
          (6) the teaching that people are and should be held 
        accountable for their actions;
          (7) assistance in the development of job training 
        skills; [and]
          (8) other data-driven evidence based prevention 
        programs[.]; and
          (9) mentoring, parent training and support, or in-
        home family services programs, if such programs are 
        evidence-based or promising.
    (b) Eligibility.--The requirements of this subsection are 
met with respect to a unit of general local government if--
          (1) the unit is in compliance with the requirements 
        of part B of subchapter II of this chapter;
          (2) the unit has submitted to the State advisory 
        group a minimum 3-year comprehensive plan outlining the 
        unit's local front end plans for investment for 
        delinquency prevention and early intervention 
        activities;
          (3) the unit has included in its application to the 
        Administrator for formula grant funds a summary of the 
        minimum 3-year comprehensive plan described in 
        paragraph (2);
          (4) pursuant to its minimum 3-year comprehensive 
        plan, the unit has appointed a local policy board of 
        not fewer than 15 and not more than 21 members, with 
        balanced representation of public agencies and private 
        nonprofit organizations serving juveniles, their 
        families, and business and industry;
          (5) the unit has, in order to aid in the prevention 
        of delinquency, included in its application a plan for 
        the coordination of services to at-risk juveniles and 
        their families, including such programs as nutrition, 
        energy assistance, and housing;
          (6) the local policy board is empowered to make all 
        recommendations for distribution of funds and 
        evaluation of activities funded under this subchapter; 
        and
          (7) the unit or State has agreed to provide a 50 
        percent match of the amount of the grant, including the 
        value of in-kind contributions, to fund the activity.
    (c) Priority.--In considering grant applications under this 
section, the Administrator shall give priority to applicants 
that demonstrate ability in--
          (1) plans for service and agency coordination and 
        collaboration including the colocation of services;
          (2) innovative ways to involve the private nonprofit 
        and business sector in delinquency prevention 
        activities;
          (3) developing or enhancing a statewide subsidy 
        program to local governments that is dedicated to early 
        intervention and delinquency prevention;
          (4) coordinating and collaborating with programs 
        established in local communities for delinquency 
        prevention under part C of subchapter II of this 
        chapter; and
          (5) developing data-driven prevention plans, 
        employing evidence-based prevention strategies, and 
        conducting program evaluations to determine impact and 
        effectiveness.
    (d) Grants for Tribal Delinquency Prevention and Response 
Programs.--
          (1) In general.--The Administrator shall make grants 
        under this section, on a competitive basis, to eligible 
        Indian tribes or consortia of Indian tribes, as 
        described in paragraph (2)--
                  (A) to support and enhance--
                          (i) tribal juvenile delinquency 
                        prevention services; and
                          (ii) the ability of Indian tribes to 
                        respond to, and care for, juvenile 
                        offenders; and
                  (B) to encourage accountability of Indian 
                tribal governments with respect to preventing 
                juvenile delinquency and responding to, and 
                caring for, juvenile offenders.
          (2) Eligible indian tribes.--To be eligible to 
        receive a grant under this subsection, an Indian tribe 
        or consortium of Indian tribes shall submit to the 
        Administrator an application in such form and 
        containing such information as the Administrator may 
        require.
          (3) Considerations.--In providing grants under this 
        subsection, the Administrator shall take into 
        consideration, with respect to the Indian tribe to be 
        served, the
                  (A) juvenile crime rates;
                  (B) dropout rates; and
                  (C) number of at-risk youth.
          (4) Authorization of appropriations.--There is 
        authorized to be appropriated $25,000,000 for each of 
        fiscal years 2011 through 2015.

[Sec. 5784. Authorization of appropriations

    [There are authorized to be appropriated to carry out this 
subchapter such sums as may be necessary for fiscal years 2004, 
2005, 2006, 2007, and 2008.]

           *       *       *       *       *       *       *

                                  [all]
```