IB 

Union Calendar No. 65 

115TH CONGRESS 

1ST SESSION H. R. 1809 

[Report No. 115–111] 

To reauthorize and improve the Juvenile Justice and Delinquency Prevention 

Act of 1974, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2017 

Mr. LEWIS of Minnesota (for himself, Ms. FOXX, Mr. ROKITA, Mr. SCOTT of 

Virginia, Mrs. DAVIS of California, and Ms. WILSON of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce 

MAY 4, 2017 

Additional sponsors: Mr. ROE of Tennessee, Mr. MITCHELL, Ms. STEFANIK, 

Mr. FERGUSON, Mr. WILSON of South Carolina, Mr. DANNY K. DAVIS

of Illinois, Mr. CA ́RDENAS, Mr. TAKANO, Ms. BONAMICI, Ms. ADAMS, Mr. 

GRIJALVA, Mr. ESPAILLAT, Ms. BLUNT ROCHESTER, Mr. POLIS, Mr. 

DESAULNIER, Mr. COHEN, Mr. THOMPSON of Pennsylvania, and Mr. 

CURBELO of Florida 

MAY 4, 2017 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 30, 2017] 


asabaliauskas on DSK3SPTVN1PROD with BILLS
2 

•HR 1809 RH

A BILL 

To reauthorize and improve the Juvenile Justice and 

Delinquency Prevention Act of 1974, and for other purposes. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
3 

•HR 1809 RH

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

3 SECTION 1. SHORT TITLE. 

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

5 Act of 2017’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS 

Sec. 101. Findings. 

Sec. 102. Purposes. 

Sec. 103. Definitions. 

TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

Sec. 201. Concentration of Federal efforts. 

Sec. 202. Coordinating Council on Juvenile Justice and Delinquency Prevention. 

Sec. 203. Annual report. 

Sec. 204. Allocation of funds. 

Sec. 205. State plans. 

Sec. 206. Repeal of juvenile delinquency prevention block grant program. 

Sec. 207. Research and evaluation; statistical analyses; information dissemination. 

Sec. 208. Training and technical assistance. 

Sec. 209. Authorization of appropriations. 

Sec. 210. Administrative authority. 

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 

PREVENTION PROGRAMS 

Sec. 301. Short Title. 

Sec. 302. Definitions. 

Sec. 303. Duties and functions of the administrator. 

Sec. 304. Grants for delinquency prevention programs. 

Sec. 305. Grants for tribal delinquency prevention and response programs. 

Sec. 306. Authorization of appropriations. 

Sec. 307. Technical amendment. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Evaluation by Government Accountability Office. 

Sec. 402. Accountability and oversight. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
4 

•HR 1809 RH

1 TITLE I—DECLARATION OF FIND2 INGS, PURPOSE, AND DEFINI3 TIONS 

4 SEC. 101. FINDINGS. 

5 Section 101(a)(9) of the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5601(a)(9)) is 

7 amended by inserting ‘‘, including offenders who enter the 

8 juvenile justice system as the result of sexual abuse, exploi9 tation, and trauma,’’ after ‘‘young juvenile offenders’’. 

10 SEC. 102. PURPOSES. 

11 Section 102 of the Juvenile Justice and Delinquency 

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

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

14 after ‘‘State’’; 

15 (2) in paragraph (2)— 

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

17 and 

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

19 (3) by amending paragraph (3) to read as fol20 lows: 

21 ‘‘(3) to assist State, tribal, and local govern22 ments in addressing juvenile crime through the provi23 sion of technical assistance, research, training, eval24 uation, and the dissemination of current and relevant 

25 information on effective and evidence-based programs 


asabaliauskas on DSK3SPTVN1PROD with BILLS
5 

•HR 1809 RH

1 and practices for combating juvenile delinquency; 

2 and’’; and 

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

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

5 promising programs (including delinquency preven6 tion, intervention, mental health, behavioral health 

7 and substance abuse treatment, family services, and 

8 services for children exposed to violence) that are 

9 trauma informed, reflect the science of adolescent de10 velopment, and are designed to meet the needs of at11 risk youth and youth who come into contact with the 

12 justice system.’’. 

13 SEC. 103. DEFINITIONS. 

14 Section 103 of the Juvenile Justice and Delinquency 

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

16 (1) in paragraph (8)— 

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

18 ‘‘or’’ at the end; 

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

20 (C) by redesignating subparagraph (D) as 

21 subparagraph (C); 

22 (2) in paragraph (18)— 

23 (A) by inserting ‘‘for purposes of title II,’’ 

24 before ‘‘the term’’; and 

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


asabaliauskas on DSK3SPTVN1PROD with BILLS
6 

•HR 1809 RH

1 ‘‘that has a law enforcement function, as determined 

2 by the Secretary of the Interior in consultation with 

3 the Attorney General;’’. 

4 (3) by amending paragraph (22) to read as fol5 lows: 

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

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

8 government, or law enforcement authority to detain 

9 or confine adult inmates;’’; 

10 (4) by amending paragraph (25) to read as fol11 lows: 

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

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

14 not brief and inadvertent;’’; 

15 (5) by amending paragraph (26) to read as fol16 lows: 

17 ‘‘(26) the term ‘adult inmate’— 

18 ‘‘(A) means an individual who— 

19 ‘‘(i) has reached the age of full crimi20 nal responsibility under applicable State 

21 law; and 

22 ‘‘(ii) has been arrested and is in cus23 tody for or awaiting trial on a criminal 

24 charge, or is convicted of a criminal offense; 

25 and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
7 

•HR 1809 RH

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

2 ‘‘(i) at the time of the time of the of3 fense, was younger than the maximum age 

4 at which a youth can be held in a juvenile 

5 facility under applicable State law; and 

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

7 custody or supervision, including post8 placement or parole supervision, of a juve9 nile correctional agency by a court of com10 petent jurisdiction or by operation of appli11 cable State law;’’; 

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

13 end; 

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

15 the end and inserting a semicolon; and 

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

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

18 ‘‘(A) means the requirements described in 

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

20 223(a); and 

21 ‘‘(B) does not include the data collection re22 quirements described in subparagraphs (A) 

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

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

25 or injection used to temporarily incapacitate a perVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
8 

•HR 1809 RH

1 son, including oleoresin capsicum spray, tear gas, 

2 and 2-chlorobenzalmalononitrile gas; 

3 ‘‘(32) the term ‘isolation’— 

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

5 is confined alone for more than 10 minutes in a 

6 room or cell; and 

7 ‘‘(B) does not include— 

8 ‘‘(i) confinement during regularly 

9 scheduled sleeping hours; 

10 ‘‘(ii) separation based on a treatment 

11 program approved by a licensed medical or 

12 mental health professional; 

13 ‘‘(iii) confinement or separation that is 

14 requested by the youth; or 

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

16 a group in a nonlocked setting for the lim17 ited purpose of calming; 

18 ‘‘(33) the term ‘restraints’ has the meaning given 

19 that term in section 591 of the Public Health Service 

20 Act (42 U.S.C. 290ii); 

21 ‘‘(34) the term ‘evidence-based’ means a program 

22 or practice that— 

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

24 implemented with fidelity; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
9 

•HR 1809 RH

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

2 empirically supported theory; 

3 ‘‘(C) has measurable outcomes relevant to 

4 juvenile justice, including a detailed description 

5 of the outcomes produced in a particular popu6 lation, whether urban or rural; and 

7 ‘‘(D) has been scientifically tested and prov8 en effective through randomized control studies 

9 or comparison group studies and with the ability 

10 to replicate and scale; 

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

12 practice that— 

13 ‘‘(A) is demonstrated to be effective based on 

14 positive outcomes relevant to juvenile justice 

15 from 1 or more objective, independent, and sci16 entifically valid evaluations, as documented in 

17 writing to the Administrator; and 

18 ‘‘(B) will be evaluated through a well-de19 signed and rigorous study, as described in para20 graph (34)(D); 

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

22 act, procedure, or program that creates an unreason23 able risk of physical injury, pain, or psychological 

24 harm to a juvenile subjected to the act, procedure, or 

25 program; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
10 

•HR 1809 RH

1 ‘‘(37) the term ‘screening’ means a brief proc2 ess— 

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

4 have mental health, behavioral health, substance 

5 abuse, or other needs requiring immediate atten6 tion, intervention, and further evaluation; and 

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

8 identify a youth with possible mental health, be9 havioral health, substance abuse, or other needs 

10 in need of further assessment; 

11 ‘‘(38) the term ‘assessment’ includes, at a min12 imum, an interview and review of available records 

13 and other pertinent information— 

14 ‘‘(A) by an appropriately trained profes15 sional who is licensed or certified by the applica16 ble State in the mental health, behavioral health, 

17 or substance abuse fields; and 

18 ‘‘(B) which is designed to identify signifi19 cant mental health, behavioral health, or sub20 stance abuse treatment needs to be addressed 

21 during a youth’s confinement; 

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

23 ‘contact’ means the points at which a youth and the 

24 juvenile justice system or criminal justice system offiVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
11 

•HR 1809 RH

1 cially intersect, including interactions with a juvenile 

2 justice, juvenile court, or law enforcement official; 

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

4 ‘‘(A) understanding the impact that expo5 sure to violence and trauma have on a youth’s 

6 physical, psychological, and psychosocial devel7 opment; 

8 ‘‘(B) recognizing when a youth has been ex9 posed to violence and trauma and is in need of 

10 help to recover from the adverse impacts of trau11 ma; and 

12 ‘‘(C) responding in ways that resist re13 traumatization; 

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

15 means minority youth populations are involved at a 

16 decision point in the juvenile justice system at higher 

17 rates, incrementally or cumulatively, than non-mi18 nority youth at that decision point; 

19 ‘‘(42) the term ‘status offender’ means a juvenile 

20 who is charged with or who has committed an offense 

21 that would not be criminal if committed by an adult; 

22 ‘‘(43) the term ‘rural’ means an area that is not 

23 located in a metropolitan statistical area, as defined 

24 by the Office of Management and Budget; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
12 

•HR 1809 RH

1 ‘‘(44) the term ‘internal controls’ means a proc2 ess implemented to provide reasonable assurance re3 garding the achievement of objectives in— 

4 ‘‘(A) effectiveness and efficiency of oper5 ations, such as grant management practices; 

6 ‘‘(B) reliability of reporting for internal 

7 and external use; and 

8 ‘‘(C) compliance with applicable laws and 

9 regulations, as well as recommendations of the 

10 Office of Inspector General and the Government 

11 Accountability Office; and 

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

13 governing body of an Indian tribe.’’. 

14 TITLE II—JUVENILE JUSTICE 

15 AND DELINQUENCY PREVEN16 TION 

17 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

18 Section 204 of the Juvenile Justice and Delinquency 

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

20 (1) in subsection (a)— 

21 (A) in paragraph (1), in the first sen22 tence— 

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

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

25 long-term plan to improve the juvenile jusVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
13 

•HR 1809 RH

1 tice system in the United States, taking into 

2 account scientific knowledge regarding ado3 lescent development and behavior and re4 garding the effects of delinquency prevention 

5 programs and juvenile justice interventions 

6 on adolescents, and shall implement’’; and 

7 (ii) by striking ‘‘research, and im8 provement of the juvenile justice system in 

9 the United States’’ and inserting ‘‘and re10 search’’; and 

11 (B) in paragraph (2)(B), by striking ‘‘Fed12 eral Register’’ and all that follows and inserting 

13 ‘‘Federal Register during the 30-day period end14 ing on October 1 of each year.’’; and 

15 (2) in subsection (b)— 

16 (A) by striking paragraph (7); 

17 (B) by redesignating paragraphs (5) and 

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

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

20 following: 

21 ‘‘(5) not later than 1 year after the date of enact22 ment of the Juvenile Justice Reform Act of 2017, in 

23 consultation with Indian tribes, develop a policy for 

24 the Office of Juvenile Justice and Delinquency Pre25 vention to collaborate with representatives of Indian 


asabaliauskas on DSK3SPTVN1PROD with BILLS
14 

•HR 1809 RH

1 tribes with a criminal justice function on the imple2 mentation of the provisions of this Act relating to In3 dian tribes;’’; 

4 (D) in paragraph (6), as so redesignated, by 

5 adding ‘‘and’’ at the end; and 

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

7 (i) by striking ‘‘monitoring’’; 

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

9 and inserting ‘‘section 223(a)(14)’’; and 

10 (iii) by striking ‘‘to review the ade11 quacy of such systems; and’’ and inserting 

12 ‘‘for monitoring compliance.’’. 

13 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

14 AND DELINQUENCY PREVENTION. 

15 Section 206 of the Juvenile Justice and Delinquency 

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

17 (1) in subsection (a)— 

18 (A) in paragraph (1)— 

19 (i) by inserting ‘‘the Assistant Sec20 retary for Mental Health and Substance 

21 Use, the Secretary of the Interior,’’ after 

22 ‘‘the Secretary of Health and Human Serv23 ices,’’; and 

24 (ii) by striking ‘‘Commissioner of Im25 migration and Naturalization’’ and insertVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
15 

•HR 1809 RH

1 ing ‘‘Assistant Secretary for Immigration 

2 and Customs Enforcement’’; and 

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

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

5 and 

6 (2) in subsection (c)— 

7 (A) in paragraph (1), by striking ‘‘para8 graphs (12)(A), (13), and (14) of section 223(a) 

9 of this title’’ and inserting ‘‘the core require10 ments’’; and 

11 (B) in paragraph (2)— 

12 (i) in the matter preceding subpara13 graph (A), by inserting ‘‘, on an annual 

14 basis’’ after ‘‘collectively’’; and 

15 (ii) by striking subparagraph (B) and 

16 inserting the following: 

17 ‘‘(B) not later than 120 days after the com18 pletion of the last meeting of the Council during 

19 any fiscal year, submit to the Committee on 

20 Education and the Workforce of the House of 

21 Representatives and the Committee on the Judi22 ciary of the Senate a report that— 

23 ‘‘(i) contains the recommendations de24 scribed in subparagraph (A); 


asabaliauskas on DSK3SPTVN1PROD with BILLS
16 

•HR 1809 RH

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

2 activities conducted by the Council during 

3 the fiscal year, including a complete de4 tailed accounting of expenses incurred by 

5 the Council to conduct operations in accord6 ance with this section; 

7 ‘‘(iii) is published on the Web sites of 

8 the Office of Juvenile Justice and Delin9 quency Prevention, the Council, and the De10 partment of Justice; and 

11 ‘‘(iv) is in addition to the annual re12 port required under section 207.’’. 

13 SEC. 203. ANNUAL REPORT. 

14 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

18 year’’; 

19 (2) in paragraph (1)— 

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

21 gender’’ and inserting ‘‘, gender, and ethnicity, 

22 as such term is defined by the Bureau of the 

23 Census,’’; 

24 (B) in subparagraph (E), by striking ‘‘and’’ 

25 at the end; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
17 

•HR 1809 RH

1 (C) in subparagraph (F)— 

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

3 ‘‘disabilities,’’; and 

4 (ii) by striking the period at the end 

5 and inserting a semicolon; and 

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

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

8 the applicable fiscal year of the use of restraints 

9 and isolation upon juveniles held in the custody 

10 of secure detention and correctional facilities op11 erated by a State or unit of local government; 

12 ‘‘(H) the number of status offense cases peti13 tioned to court, number of status offenders held 

14 in secure detention, the findings used to justify 

15 the use of secure detention, and the average pe16 riod of time a status offender was held in secure 

17 detention; 

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

19 custody and the type of living arrangement to 

20 which they are released; 

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

22 originated on school grounds, during school-spon23 sored off-campus activities, or due to a referral 

24 by a school official, as collected and reported by 


asabaliauskas on DSK3SPTVN1PROD with BILLS
18 

•HR 1809 RH

1 the Department of Education or similar State 

2 educational agency; and 

3 ‘‘(K) the number of juveniles in the custody 

4 of secure detention and correctional facilities op5 erated by a State or unit of local government 

6 who report being pregnant.’’; and 

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

8 ‘‘(5) A description of the criteria used to deter9 mine what programs qualify as evidence-based and 

10 promising programs under this title and title V and 

11 a comprehensive list of those programs the Adminis12 trator has determined meet such criteria in both rural 

13 and urban areas. 

14 ‘‘(6) A description of funding provided to Indian 

15 tribes under this Act or for a juvenile delinquency or 

16 prevention program under the Tribal Law and Order 

17 Act of 2010 (Public Law 111–211; 124 Stat. 2261), 

18 including direct Federal grants and funding provided 

19 to Indian tribes through a State or unit of local gov20 ernment. 

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

22 controls at the Office of Juvenile Justice and Delin23 quency Prevention to determine if grantees are fol24 lowing the requirements of the Office of Juvenile Jus25 tice and Delinquency Prevention grant programs and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
19 

•HR 1809 RH

1 what remedial action the Office of Juvenile Justice 

2 and Delinquency Prevention has taken to recover any 

3 grant funds that are expended in violation of the 

4 grant programs, including instances— 

5 ‘‘(A) in which supporting documentation 

6 was not provided for cost reports; 

7 ‘‘(B) where unauthorized expenditures oc8 curred; or 

9 ‘‘(C) where subrecipients of grant funds 

10 were not compliant with program requirements. 

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

12 amount of payments made to grantees that the Office 

13 of Juvenile Justice and Delinquency Prevention re14 couped from grantees that were found to be in viola15 tion of policies and procedures of the Office of Juve16 nile Justice and Delinquency Prevention grant pro17 grams, including— 

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

19 grantee; 

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

21 ‘‘(C) the amount of funds sought to be re22 couped by the Office of Juvenile Justice and De23 linquency Prevention; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
20 

•HR 1809 RH

1 ‘‘(D) the actual amount recouped by the Of2 fice of Juvenile Justice and Delinquency Preven3 tion.’’. 

4 SEC. 204. ALLOCATION OF FUNDS. 

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

6 Juvenile Justice and Delinquency Prevention Act of 1974 

7 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 percent’’ 

8 and inserting ‘‘5 percent’’. 

9 (b) OTHER ALLOCATIONS.—Section 222 of the Juve10 nile Justice and Delinquency Prevention Act of 1974 (42 

11 U.S.C. 5632) is amended— 

12 (1) in subsection (a)— 

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

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

15 on the most recent data available from the Bu16 reau of the Census’’; and 

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

18 inserting the following: 

19 ‘‘(2)(A) If the aggregate amount appropriated for a fis20 cal year to carry out this title is less than $75,000,000, 

21 then— 

22 ‘‘(i) the amount allocated to each State other 

23 than a State described in clause (ii) for that fiscal 

24 year shall be not less than $400,000; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
21 

•HR 1809 RH

1 ‘‘(ii) the amount allocated to the United States 

2 Virgin Islands, Guam, American Samoa, and the 

3 Commonwealth of the Northern Mariana Islands for 

4 that fiscal year shall be not less than $75,000. 

5 ‘‘(B) If the aggregate amount appropriated for a fiscal 

6 year to carry out this title is not less than $75,000,000, 

7 then— 

8 ‘‘(i) the amount allocated to each State other 

9 than a State described in clause (ii) for that fiscal 

10 year shall be not less than $600,000; and 

11 ‘‘(ii) the amount allocated to the United States 

12 Virgin Islands, Guam, American Samoa, and the 

13 Commonwealth of the Northern Mariana Islands for 

14 that fiscal year shall be not less than $100,000.’’; 

15 (2) in subsection (c), by striking ‘‘efficient ad16 ministration, including monitoring, evaluation, and 

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

18 and efficient administration of funds, including the 

19 designation of not less than 1 individual who shall co20 ordinate efforts to achieve and sustain compliance 

21 with the core requirements and certify whether the 

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

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

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

25 percent of the’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
22 

•HR 1809 RH

1 SEC. 205. STATE PLANS. 

2 Section 223 of the Juvenile Justice and Delinquency 

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

4 (1) in subsection (a)— 

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

6 by striking ‘‘and shall describe the status of com7 pliance with State plan requirements.’’ and in8 serting ‘‘and shall describe how the State plan is 

9 supported by or takes account of scientific knowl10 edge regarding adolescent development and be11 havior and regarding the effects of delinquency 

12 prevention programs and juvenile justice inter13 ventions on adolescents. Not later than 60 days 

14 after the date on which a plan or amended plan 

15 submitted under this subsection is finalized, a 

16 State shall make the plan or amended plan pub17 licly available by posting the plan or amended 

18 plan on the State’s publicly available website.’’; 

19 (B) in paragraph (1), by striking ‘‘de20 scribed in section 299(c)(1)’’ and inserting ‘‘as 

21 designated by the chief executive officer of the 

22 State’’; 

23 (C) in paragraph (3)— 

24 (i) in subparagraph (A)— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
23 

•HR 1809 RH

1 (I) in clause (i), by inserting ‘‘ad2 olescent development,’’ after ‘‘con3 cerning’’; 

4 (II) in clause (ii)— 

5 (aa) in subclause (II), by in6 serting ‘‘publicly supported court7 appointed legal counsel with expe8 rience representing juveniles in 

9 delinquency proceedings,’’ after 

10 ‘‘youth,’’; 

11 (bb) in subclause (III), by 

12 striking ‘‘mental health, edu13 cation, special education’’ and in14 serting ‘‘child and adolescent 

15 mental health, education, child 

16 and adolescent substance abuse, 

17 special education, services for 

18 youth with disabilities’’; 

19 (cc) in subclause (V), by 

20 striking ‘‘delinquents or potential 

21 delinquents’’ and inserting ‘‘delin22 quent youth or youth at risk of 

23 delinquency’’; 

24 (dd) in subclause (VI), by 

25 striking ‘‘youth workers involved 


asabaliauskas on DSK3SPTVN1PROD with BILLS
24 

•HR 1809 RH

1 with’’ and inserting ‘‘representa2 tives of’’; 

3 (ee) in subclause (VII), by 

4 striking ‘‘and’’ at the end; 

5 (ff) by striking subclause 

6 (VIII) and inserting the following: 

7 ‘‘(VIII) persons, licensed or cer8 tified by the applicable State, with ex9 pertise and competence in preventing 

10 and addressing mental health and sub11 stance abuse needs in delinquent youth 

12 and youth at risk of delinquency; 

13 ‘‘(IX) representatives of victim or 

14 witness advocacy groups, including at 

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

17 and exploitation and trauma, particu18 larly the needs of youth who experience 

19 disproportionate levels of sexual abuse, 

20 exploitation, and trauma before enter21 ing the juvenile justice system; and 

22 ‘‘(X) for a State in which 1 or 

23 more Indian tribes are located, an In24 dian tribal representative or other in25 dividual with significant expertise in 


asabaliauskas on DSK3SPTVN1PROD with BILLS
25 

•HR 1809 RH

1 tribal law enforcement and juvenile 

2 justice in Indian tribal communities;’’; 

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

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

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

7 (IV) in clause (v) by inserting 

8 ‘‘or, if not feasible and in appropriate 

9 circumstances, who is the parent or 

10 guardian of someone who has been or 

11 is currently under the jurisdiction of 

12 the juvenile justice system’’ after ‘‘juve13 nile justice system’’; 

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

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

16 (iii) in subparagraph (D)— 

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

18 ‘‘and’’ at the end; and 

19 (II) in clause (ii), by striking ‘‘at 

20 least annually recommendations re21 garding State compliance with the re22 quirements of paragraphs (11), (12), 

23 and (13)’’ and inserting ‘‘at least every 

24 2 years a report and necessary recVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
26 

•HR 1809 RH

1 ommendations regarding State compli2 ance with the core requirements’’; and 

3 (iv) in subparagraph (E)— 

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

5 at the end; and 

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

7 period at the end and inserting a semi8 colon; 

9 (D) in paragraph (5)(C), by striking ‘‘In10 dian tribes’’ and all that follows through ‘‘appli11 cable to the detention and confinement of juve12 niles’’ and inserting ‘‘Indian tribes that agree to 

13 attempt to comply with the core requirements 

14 applicable to the detention and confinement of 

15 juveniles’’; 

16 (E) in paragraph (7)— 

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

18 ‘‘performs law enforcement functions’’ and 

19 inserting ‘‘has jurisdiction’’; and 

20 (ii) in subparagraph (B)— 

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

22 ‘‘and’’ at the end; and 

23 (II) by striking clause (iv) and 

24 inserting the following: 


asabaliauskas on DSK3SPTVN1PROD with BILLS
27 

•HR 1809 RH

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

2 detention for status offenders, survivors of 

3 commercial sexual exploitation, and others, 

4 where appropriate, such as specialized or 

5 problem-solving courts or diversion to home6 based or community-based services or treat7 ment for those youth in need of mental 

8 health, substance abuse, or co-occurring dis9 order services at the time such juveniles first 

10 come into contact with the juvenile justice 

11 system; 

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

13 children housed in secure detention and cor14 rections facilities who are awaiting place15 ment in residential treatment programs; 

16 ‘‘(vi) a plan to engage family members, 

17 where appropriate, in the design and deliv18 ery of juvenile delinquency prevention and 

19 treatment services, particularly post-place20 ment; 

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

22 services to respond to the needs of at-risk 

23 youth or youth who have come into contact 

24 with the juvenile justice system; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
28 

•HR 1809 RH

1 ‘‘(viii) a plan to promote evidence2 based and trauma-informed programs and 

3 practices; and 

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

5 date of enactment of the Juvenile Justice 

6 Reform Act of 2017, a plan, which shall be 

7 implemented not later than 2 years after the 

8 date of enactment of the Juvenile Justice 

9 Reform Act of 2017, to— 

10 ‘‘(I) eliminate the use of restraints 

11 of known pregnant juveniles housed in 

12 secure juvenile detention and correction 

13 facilities, during labor, delivery, and 

14 post-partum recovery, unless credible, 

15 reasonable grounds exist to believe the 

16 detainee presents an immediate and se17 rious threat of hurting herself, staff, or 

18 others; and 

19 ‘‘(II) eliminate the use of abdom20 inal restraints, leg and ankle re21 straints, wrist restraints behind the 

22 back, and four-point restraints on 

23 known pregnant juveniles, unless— 

24 ‘‘(aa) credible, reasonable 

25 grounds exist to believe the deVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
29 

•HR 1809 RH

1 tainee presents an immediate and 

2 serious threat of hurting herself, 

3 staff, or others; or 

4 ‘‘(bb) reasonable grounds 

5 exist to believe the detainee pre6 sents an immediate and credible 

7 risk of escape that cannot be rea8 sonably minimized through any 

9 other method;’’; 

10 (F) in paragraph (8), by striking ‘‘existing’’ 

11 and inserting ‘‘evidence-based and promising’’; 

12 (G) in paragraph (9)— 

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

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

18 (ii) in subparagraph (A)— 

19 (I) in clause (i)— 

20 (aa) by inserting ‘‘status of21 fenders and other’’ before ‘‘youth 

22 who need’’; and 

23 (bb) by striking ‘‘and’’ at the 

24 end; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
30 

•HR 1809 RH

1 (II) in clause (ii) by adding 

2 ‘‘and’’ at the end; and 

3 (III) by inserting after clause (ii) 

4 the following: 

5 ‘‘(iii) for youth who need specialized 

6 intensive and comprehensive services that 

7 address the unique issues encountered by 

8 youth when they become involved with 

9 gangs;’’; 

10 (iii) in subparagraph (B)(i)— 

11 (I) by striking ‘‘parents and other 

12 family members’’ and inserting ‘‘status 

13 offenders, other youth, and the parents 

14 and other family members of such of15 fenders and youth’’; and 

16 (II) by striking ‘‘be retained’’ and 

17 inserting ‘‘remain’’; 

18 (iv) in subparagraph (E)— 

19 (I) in the matter preceding clause 

20 (i), by striking ‘‘delinquent’’ and in21 serting ‘‘at-risk or delinquent youth’’; 

22 and 

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

24 including for truancy prevention and 

25 reduction’’ before the semicolon; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
31 

•HR 1809 RH

1 (v) in subparagraph (F), in the matter 

2 preceding clause (i), by striking ‘‘expand3 ing’’ and inserting ‘‘programs to expand’’; 

4 (vi) by redesignating subparagraphs 

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

6 through (T), respectively; 

7 (vii) by inserting after subparagraph 

8 (F), the following: 

9 ‘‘(G) programs— 

10 ‘‘(i) to ensure youth have access to ap11 propriate legal representation; and 

12 ‘‘(ii) to expand access to publicly sup13 ported, court-appointed legal counsel who 

14 are trained to represent juveniles in adju15 dication proceedings, 

16 except that the State may not use more than 2 

17 percent of the funds received under section 222 

18 for these purposes;’’; 

19 (viii) in subparagraph (H), as so re20 designated, by striking ‘‘State,’’ each place 

21 the term appears and inserting ‘‘State, trib22 al,’’; 

23 (ix) in subparagraph (M), as so redes24 ignated— 

25 (I) in clause (i)— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
32 

•HR 1809 RH

1 (aa) by inserting ‘‘pre-adju2 dication and’’ before ‘‘post-adju3 dication’’; 

4 (bb) by striking ‘‘restraints’’ 

5 and inserting ‘‘alternatives’’; and 

6 (cc) by inserting ‘‘specialized 

7 or problem-solving courts,’’ after 

8 ‘‘(including’’; and 

9 (II) in clause (ii)— 

10 (aa) by striking ‘‘by the pro11 vision by the Administrator’’; and 

12 (bb) by striking ‘‘to States’’; 

13 (x) in subparagraph (N), as redesig14 nated— 

15 (I) by inserting ‘‘and reduce the 

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

17 and 

18 (II) by striking ‘‘so that such ju19 veniles may be retained in their 

20 homes’’; 

21 (xi) in subparagraph (S), as so redes22 ignated, by striking ‘‘and’’ at the end; 

23 (xii) in subparagraph (T), as so redes24 ignated— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
33 

•HR 1809 RH

1 (I) by inserting ‘‘or co-occurring 

2 disorder’’ after ‘‘mental health’’; 

3 (II) by inserting ‘‘court-involved 

4 or’’ before ‘‘incarcerated’’; 

5 (III) by striking ‘‘suspected to 

6 be’’; 

7 (IV) by striking ‘‘and discharge 

8 plans’’ and inserting ‘‘provision of 

9 treatment, and development of dis10 charge plans’’; and 

11 (V) by striking the period at the 

12 end and inserting a semicolon; and 

13 (xiii) by inserting after subparagraph 

14 (T) the following: 

15 ‘‘(U) programs and projects designed— 

16 ‘‘(i) to inform juveniles of the oppor17 tunity and process for sealing and 

18 expunging juvenile records; and 

19 ‘‘(ii) to assist juveniles in pursuing ju20 venile record sealing and expungements for 

21 both adjudications and arrests not followed 

22 by adjudications; 

23 except that the State may not use more than 2 

24 percent of the funds received under section 222 

25 for these purposes; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
34 

•HR 1809 RH

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

2 girls in or at risk of entering the juvenile justice 

3 system, including pregnant girls, young mothers, 

4 victims of sexual abuse, survivors of commercial 

5 sexual exploitation or domestic child sex traf6 ficking, girls with disabilities, and girls of color, 

7 including girls who are members of an Indian 

8 tribe; and 

9 ‘‘(W) monitoring for compliance with the 

10 core requirements and providing training and 

11 technical assistance on the core requirements to 

12 secure facilities;’’; 

13 (H) by striking paragraph (11) and insert14 ing the following: 

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

16 Administrator, provide that a juvenile shall not be 

17 placed in a secure detention facility or a secure cor18 rectional facility, if— 

19 ‘‘(i) the juvenile is charged with or has com20 mitted an offense that would not be criminal if 

21 committed by an adult, excluding— 

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

23 has committed a violation of section 

24 922(x)(2) of title 18, United States Code, or 

25 of a similar State law; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
35 

•HR 1809 RH

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

2 has committed a violation of a valid court 

3 order issued and reviewed in accordance 

4 with paragraph (23); and 

5 ‘‘(III) a juvenile who is held in accord6 ance with the Interstate Compact on Juve7 niles as enacted by the State; or 

8 ‘‘(ii) the juvenile— 

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

10 and 

11 ‘‘(II)(aa) is an alien; or 

12 ‘‘(bb) is alleged to be dependent, ne13 glected, or abused; and 

14 ‘‘(B) require that— 

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

16 enactment of the Juvenile Justice Reform Act of 

17 2017, unless a court finds, after a hearing and 

18 in writing, that it is in the interest of justice, ju19 veniles awaiting trial or other legal process who 

20 are treated as adults for purposes of prosecution 

21 in criminal court and housed in a secure facil22 ity— 

23 ‘‘(I) shall not have sight or sound con24 tact with adult inmates; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
36 

•HR 1809 RH

1 ‘‘(II) except as provided in paragraph 

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

3 for adults; 

4 ‘‘(ii) in determining under subparagraph 

5 (A) whether it is in the interest of justice to per6 mit a juvenile to be held in any jail or lockup 

7 for adults, or have sight or sound contact with 

8 adult inmates, a court shall consider— 

9 ‘‘(I) the age of the juvenile; 

10 ‘‘(II) the physical and mental matu11 rity of the juvenile; 

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

13 juvenile, including whether the juvenile pre14 sents an imminent risk of harm to the juve15 nile; 

16 ‘‘(IV) the nature and circumstances of 

17 the alleged offense; 

18 ‘‘(V) the juvenile’s history of prior de19 linquent acts; 

20 ‘‘(VI) the relative ability of the avail21 able adult and juvenile detention facilities 

22 to not only meet the specific needs of the ju23 venile but also to protect the safety of the 

24 public as well as other detained youth; and 

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


asabaliauskas on DSK3SPTVN1PROD with BILLS
37 

•HR 1809 RH

1 ‘‘(iii) if a court determines under subpara2 graph (A) that it is in the interest of justice to 

3 permit a juvenile to be held in any jail or lockup 

4 for adults— 

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

6 less frequently than once every 30 days, or 

7 in the case of a rural jurisdiction, not less 

8 frequently than once every 45 days, to re9 view whether it is still in the interest of jus10 tice to permit the juvenile to be so held or 

11 have such sight or sound contact; and 

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

13 any jail or lockup for adults, or permitted 

14 to have sight or sound contact with adult 

15 inmates, for more than 180 days, unless the 

16 court, in writing, determines there is good 

17 cause for an extension or the juvenile ex18 pressly waives this limitation;’’. 

19 (I) in paragraph (12)(A), by striking ‘‘con20 tact’’ and inserting ‘‘sight or sound contact’’; 

21 (J) in paragraph (13), by striking ‘‘con22 tact’’ each place it appears and inserting ‘‘sight 

23 or sound contact’’; 

24 (K) in paragraph (14)— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
38 

•HR 1809 RH

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

2 inserting ‘‘effective system’’; 

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

4 ‘‘monitoring jails,’’; 

5 (iii) by inserting ‘‘and’’ after ‘‘deten6 tion facilities,’’; 

7 (iv) by striking ‘‘, and non-secure fa8 cilities’’; 

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

10 ‘‘ensure’’; 

11 (vi) by striking ‘‘requirements of para12 graphs (11), (12), and (13)’’ and inserting 

13 ‘‘core requirements’’; and 

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

15 the Administrator,’’; 

16 (L) by striking paragraphs (22) and (27); 

17 (M) by redesignating paragraph (28) as 

18 paragraph (27); 

19 (N) by redesignating paragraphs (15) 

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

21 respectively; 

22 (O) by inserting after paragraph (14) the 

23 following: 

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

25 improvement strategies at the State, territorial, local, 


asabaliauskas on DSK3SPTVN1PROD with BILLS
39 

•HR 1809 RH

1 and tribal levels, as applicable, to identify and reduce 

2 racial and ethnic disparities among youth who come 

3 into contact with the juvenile justice system, without 

4 establishing or requiring numerical standards or 

5 quotas, by— 

6 ‘‘(A) establishing or designating existing co7 ordinating bodies, composed of juvenile justice 

8 stakeholders, (including representatives of the 

9 educational system) at the State, local, or tribal 

10 levels, to advise efforts by States, units of local 

11 government, and Indian tribes to reduce racial 

12 and ethnic disparities; 

13 ‘‘(B) identifying and analyzing data on 

14 race and ethnicity at all decision points in 

15 State, local, or tribal juvenile justice systems to 

16 determine which key points create racial and 

17 ethnic disparities among youth who come into 

18 contact with the juvenile justice system; and 

19 ‘‘(C) developing and implementing a work 

20 plan that includes measurable objectives for pol21 icy, practice, or other system changes, based on 

22 the needs identified in the data collection and 

23 analysis under subparagraph (B);’’; 

24 (P) in paragraph (16), as so redesignated, 

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


asabaliauskas on DSK3SPTVN1PROD with BILLS
40 

•HR 1809 RH

1 (Q) in paragraph (21), as so redesignated, 

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

3 and inserting ‘‘local, tribal,’’; 

4 (R) in paragraph (23)— 

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

6 (C), by striking ‘‘juvenile’’ each place it ap7 pears and inserting ‘‘status offender’’; 

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

9 ‘‘and’’ at the end; 

10 (iii) in subparagraph (C)— 

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

12 ‘‘and’’ at the end; 

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

14 ‘‘and’’ at the end; and 

15 (III) by adding at the end the fol16 lowing: 

17 ‘‘(iii) if such court determines the sta18 tus offender should be placed in a secure de19 tention facility or correctional facility for 

20 violating such order— 

21 ‘‘(I) the court shall issue a written 

22 order that— 

23 ‘‘(aa) identifies the valid 

24 court order that has been violated; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
41 

•HR 1809 RH

1 ‘‘(bb) specifies the factual 

2 basis for determining that there is 

3 reasonable cause to believe that 

4 the status offender has violated 

5 such order; 

6 ‘‘(cc) includes findings of fact 

7 to support a determination that 

8 there is no appropriate less re9 strictive alternative available to 

10 placing the status offender in such 

11 a facility, with due consideration 

12 to the best interest of the juvenile; 

13 ‘‘(dd) specifies the length of 

14 time, not to exceed 7 days, that 

15 the status offender may remain in 

16 a secure detention facility or cor17 rectional facility, and includes a 

18 plan for the status offender’s re19 lease from such facility; and 

20 ‘‘(ee) may not be renewed or 

21 extended; and 

22 ‘‘(II) the court may not issue a 

23 second or subsequent order described in 

24 subclause (I) relating to a status of25 fender unless the status offender vioVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
42 

•HR 1809 RH

1 lates a valid court order after the date 

2 on which the court issues an order de3 scribed in subclause (I);’’; and 

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

5 ‘‘(D) there are procedures in place to ensure 

6 that any status offender held in a secure deten7 tion facility or correctional facility pursuant to 

8 a court order described in this paragraph does 

9 not remain in custody longer than 7 days or the 

10 length of time authorized by the court, whichever 

11 is shorter; and 

12 ‘‘(E) not later than September 30, 2020 

13 (with a 1-year extension for each additional fis14 cal year that a State can demonstrate hardship, 

15 as determined by the State, and submits in writ16 ing evidence of such hardship to the Adminis17 trator which shall be considered approved unless 

18 the Administrator justifies to the State in writ19 ing that the hardship does not qualify for an ex20 emption), the State will eliminate the use of 

21 valid court orders to provide secure confinement 

22 of status offenders, except that juveniles may be 

23 held in secure confinement in accordance with 

24 the Interstate Compact for Juveniles if the judge 

25 issues a written order that— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
43 

•HR 1809 RH

1 ‘‘(i) specifies the factual basis to believe 

2 that the State has the authority to detain 

3 the juvenile under the terms of the Inter4 state Compact for Juveniles; 

5 ‘‘(ii) includes findings of fact to sup6 port a determination that there is no appro7 priate less restrictive alternative available 

8 to placing the juvenile in such a facility, 

9 with due consideration to the best interest of 

10 the juvenile; 

11 ‘‘(iii) specifies the length of time a ju12 venile may remain in secure confinement, 

13 not to exceed 15 days, and includes a plan 

14 for the return of the juvenile to the home 

15 State of the juvenile; and 

16 ‘‘(iv) may not be renewed or ex17 tended;’’; 

18 (S) in paragraph (26)— 

19 (i) by inserting ‘‘and in accordance 

20 with confidentiality concerns,’’ after ‘‘max21 imum extent practicable,’’; and 

22 (ii) by striking the semicolon at the 

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

24 provide for— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
44 

•HR 1809 RH

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

2 relating to juveniles entering the juvenile justice 

3 system with a prior reported history of arrest, 

4 court intake, probation and parole, juvenile de5 tention, and corrections; and 

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

7 subparagraph (A) to provide necessary services 

8 for the treatment of such victims of child abuse 

9 or neglect;’’; 

10 (T) in paragraph (27), as so redesignated, 

11 by striking the period at the end and inserting 

12 a semicolon; and 

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

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

15 provided under this title with other Federal and State 

16 funds directed at juvenile delinquency prevention and 

17 intervention programs; 

18 ‘‘(29) describe the policies, procedures, and train19 ing in effect for the staff of juvenile State correctional 

20 facilities to eliminate the use of dangerous practices, 

21 unreasonable restraints, and unreasonable isolation, 

22 including by developing effective behavior manage23 ment techniques; 

24 ‘‘(30) describe— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
45 

•HR 1809 RH

1 ‘‘(A) the evidence-based methods that will be 

2 used to conduct mental health and substance 

3 abuse screening, assessment, referral, and treat4 ment for juveniles who— 

5 ‘‘(i) request a screening; 

6 ‘‘(ii) show signs of needing a screening; 

7 or 

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

9 than 24 hours in a secure facility that pro10 vides for an initial screening; and 

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

12 practicable, to provide or arrange for mental 

13 health and substance abuse disorder treatment 

14 for juveniles determined to be in need of such 

15 treatment; 

16 ‘‘(31) describe how reentry planning by the State 

17 for juveniles will include— 

18 ‘‘(A) a written case plan based on an as19 sessment of needs that includes— 

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

21 plans for the juveniles; 

22 ‘‘(ii) the living arrangement to which 

23 the juveniles are to be discharged; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
46 

•HR 1809 RH

1 ‘‘(iii) any other plans developed for the 

2 juveniles based on an individualized assess3 ment; and 

4 ‘‘(B) review processes; 

5 ‘‘(32) provide an assurance that the agency of 

6 the State receiving funds under this title collaborates 

7 with the State educational agency receiving assistance 

8 under part A of title I of the Elementary and Sec9 ondary Education Act of 1965 (20 U.S.C. 6311 et 

10 seq.) to develop and implement a plan to ensure that, 

11 in order to support educational progress— 

12 ‘‘(A) the student records of adjudicated juve13 niles, including electronic records if available, 

14 are transferred in a timely manner from the 

15 educational program in the juvenile detention or 

16 secure treatment facility to the educational or 

17 training program into which the juveniles will 

18 enroll; 

19 ‘‘(B) the credits of adjudicated juveniles are 

20 transferred; and 

21 ‘‘(C) adjudicated juveniles receive full or 

22 partial credit toward high school graduation for 

23 secondary school coursework satisfactorily com24 pleted before and during the period of time dur25 ing which the juveniles are held in custody, reVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
47 

•HR 1809 RH

1 gardless of the local educational agency or entity 

2 from which the credits were earned; and 

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

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

5 records of the State the identification of victims 

6 of domestic human trafficking, or those at risk of 

7 such trafficking, upon intake; and 

8 ‘‘(B) divert youth described in subpara9 graph (A) to appropriate programs or services, 

10 to the extent practicable.’’; 

11 (2) by amending subsection (c) to read as fol12 lows: 

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

14 requirements in any fiscal year, then— 

15 ‘‘(A) subject to subparagraph (B), the amount al16 located to such State under section 222 for the subse17 quent fiscal year shall be reduced by not less than 20 

18 percent for each core requirement with respect to 

19 which the failure occurs; and 

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

21 allocation under such section for such fiscal year un22 less— 

23 ‘‘(i) the State agrees to expend 50 percent of 

24 the amount allocated to the State for such fiscal 

25 year to achieve compliance with any such core 


asabaliauskas on DSK3SPTVN1PROD with BILLS
48 

•HR 1809 RH

1 requirement with respect to which the State is in 

2 noncompliance; or 

3 ‘‘(ii) the Administrator determines that the 

4 State— 

5 ‘‘(I) has achieved substantial compli6 ance with such applicable requirements 

7 with respect to which the State was not in 

8 compliance; and 

9 ‘‘(II) has made, through appropriate 

10 executive or legislative action, an unequivo11 cal commitment to achieving full compli12 ance with such applicable requirements 

13 within a reasonable time. 

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

15 fiscal year under paragraph (1)— 

16 ‘‘(A) 50 percent of the unallocated funds shall be 

17 reallocated under section 222 to States that have not 

18 failed to comply with the core requirements; and 

19 ‘‘(B) 50 percent of the unallocated funds shall be 

20 used by the Administrator to provide additional 

21 training and technical assistance to States for the 

22 purpose of promoting compliance with the core re23 quirements.’’; 

24 (3) in subsection (d)— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
49 

•HR 1809 RH

1 (A) by striking ‘‘described in paragraphs 

2 (11), (12), (13), and (22) of subsection (a)’’ and 

3 inserting ‘‘described in the core requirements’’; 

4 and 

5 (B) by striking ‘‘the requirements under 

6 paragraphs (11), (12), (13), and (22) of sub7 section (a)’’ and inserting ‘‘the core require8 ments’’; 

9 (4) in subsection (f)(2)— 

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

11 (B) by redesignating subparagraphs (B) 

12 through (E) as subparagraphs (A) through (D), 

13 respectively; and 

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

15 ‘‘(g) COMPLIANCE DETERMINATION.— 

16 ‘‘(1) IN GENERAL.—For each fiscal year, the Ad17 ministrator shall make a determination regarding 

18 whether each State receiving a grant under this title 

19 is in compliance or out of compliance with respect to 

20 each of the core requirements. 

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

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

23 ‘‘(i) describing any determination de24 scribed in paragraph (1) made during the 

25 previous year, including a summary of the 


asabaliauskas on DSK3SPTVN1PROD with BILLS
50 

•HR 1809 RH

1 information on which the determination is 

2 based and the actions to be taken by the Ad3 ministrator (including a description of any 

4 reduction imposed under subsection (c)); 

5 and 

6 ‘‘(ii) for any such determination that a 

7 State is out of compliance with any of the 

8 core requirements, describing the basis for 

9 the determination; and 

10 ‘‘(B) make the report described in subpara11 graph (A) available on a publicly available 

12 website. 

13 ‘‘(3) DETERMINATIONS REQUIRED.—The Admin14 istrator may not— 

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

16 compliance’, or issue any other determination 

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

18 any core requirement; or 

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

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

21 SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVEN22 TION BLOCK GRANT PROGRAM. 

23 Part C of title II of the Juvenile Justice and Delin24 quency Prevention Act of 1974 (42 U.S.C. 5651 et seq.) is 

25 repealed. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
51 

•HR 1809 RH

1 SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANAL2 YSES; INFORMATION DISSEMINATION. 

3 Section 251 of the Juvenile Justice and Delinquency 

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

5 (1) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) in the matter preceding subpara8 graph (A), by striking ‘‘may’’ and inserting 

9 ‘‘shall’’; 

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

11 ‘‘plan and identify’’ and inserting ‘‘annu12 ally publish a plan to identify’’; and 

13 (iii) in subparagraph (B)— 

14 (I) by striking clause (iii) and in15 serting the following: 

16 ‘‘(iii) successful efforts to prevent status of17 fenders and first-time minor offenders from sub18 sequent involvement with the juvenile justice and 

19 criminal justice systems;’’; 

20 (II) by striking clause (vii) and 

21 inserting the following: 

22 ‘‘(vii) the prevalence and duration of behav23 ioral health needs (including mental health, sub24 stance abuse, and co-occurring disorders) among 

25 juveniles pre-placement and post-placement in 


asabaliauskas on DSK3SPTVN1PROD with BILLS
52 

•HR 1809 RH

1 the juvenile justice system, including an exam2 ination of the effects of secure confinement;’’; 

3 (III) by redesignating clauses (ix), 

4 (x), and (xi) as clauses (xvi), (xvii), 

5 and (xviii), respectively; and 

6 (IV) by inserting after clause 

7 (viii) the following: 

8 ‘‘(ix) training efforts and reforms that have 

9 produced reductions in or elimination of the use 

10 of dangerous practices; 

11 ‘‘(x) methods to improve the recruitment, se12 lection, training, and retention of professional 

13 personnel who are focused on the prevention, 

14 identification, and treatment of delinquency; 

15 ‘‘(xi) methods to improve the identification 

16 and response to victims of domestic child sex 

17 trafficking within the juvenile justice system; 

18 ‘‘(xii) identifying positive outcome meas19 ures, such as attainment of employment and 

20 educational degrees, that States and units of 

21 local government should use to evaluate the suc22 cess of programs aimed at reducing recidivism of 

23 youth who have come in contact with the juvenile 

24 justice system or criminal justice system; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
53 

•HR 1809 RH

1 ‘‘(xiii) evaluating the impact and outcomes 

2 of the prosecution and sentencing of juveniles as 

3 adults; 

4 ‘‘(xiv) evaluating the impact of fines, fees, 

5 and other costs assessed by the juvenile justice 

6 system on the long-term disposition of status of7 fenders and other juveniles; 

8 ‘‘(xv) successful and cost-effective efforts by 

9 States and units of local government to reduce 

10 recidivism through policies that provide for con11 sideration of appropriate alternative sanctions to 

12 incarceration of youth facing nonviolent charges, 

13 while ensuring that public safety is preserved;’’; 

14 and 

15 (B) in paragraph (4)— 

16 (i) in the matter preceding subpara17 graph (A)— 

18 (I) by striking ‘‘date of enactment 

19 of this paragraph, the’’ and inserting 

20 ‘‘date of enactment of the Juvenile Jus21 tice Reform Act of 2017, the’’; and 

22 (II) by inserting ‘‘in accordance 

23 with relevant confidentiality require24 ments’’ after ‘‘wards of the State’’; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
54 

•HR 1809 RH

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

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

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

4 ‘‘and’’ at the end; 

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

6 the period at the end and inserting a semi7 colon; and 

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

9 ‘‘(H) a description of the best practices in dis10 charge planning; and 

11 ‘‘(I) an assessment of living arrangements for ju12 veniles who, upon release from confinement in a State 

13 correctional facility, cannot return to the residence 

14 they occupied prior to such confinement.’’; 

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

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

17 ‘‘shall’’; and 

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

19 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Adminis20 trator, in accordance with applicable confidentiality re21 quirements and in consultation with experts in the field of 

22 juvenile justice research, recidivism, and data collection, 

23 shall— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
55 

•HR 1809 RH

1 ‘‘(1) establish a uniform method of data collec2 tion and technology that States may use to evaluate 

3 data on juvenile recidivism on an annual basis; 

4 ‘‘(2) establish a common national juvenile recidi5 vism measurement system; and 

6 ‘‘(3) make cumulative juvenile recidivism data 

7 that is collected from States available to the public.’’. 

8 SEC. 208. TRAINING AND TECHNICAL ASSISTANCE. 

9 Section 252 of the Juvenile Justice and Delinquency 

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

11 (1) in subsection (a)— 

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

13 by striking ‘‘may’’; 

14 (B) in paragraph (1)— 

15 (i) by inserting ‘‘shall’’ before ‘‘develop 

16 and carry out projects’’; and 

17 (ii) by striking ‘‘and’’ after the semi18 colon; 

19 (C) in paragraph (2)— 

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

21 grants to and contracts with’’; and 

22 (ii) by striking the period at the end 

23 and inserting ‘‘; and’’; and 

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


asabaliauskas on DSK3SPTVN1PROD with BILLS
56 

•HR 1809 RH

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

2 regarding implementation of the core requirements, 

3 current protocols and best practices for achieving and 

4 monitoring compliance, and information sharing re5 garding relevant Office resources on evidence-based 

6 and promising programs or practices that promote 

7 the purposes of this Act.’’; 

8 (2) in subsection (b)— 

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

10 by striking ‘‘may’’; 

11 (B) in paragraph (1)— 

12 (i) by inserting ‘‘shall’’ before ‘‘develop 

13 and implement projects’’; 

14 (ii) by inserting ‘‘, including compli15 ance with the core requirements’’ after ‘‘this 

16 title’’; and 

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

18 (C) in paragraph (2)— 

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

20 grants to and contracts with’’; and 

21 (ii) by striking the period at the end 

22 and inserting a semicolon; and 

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

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

25 and units of local government on achieving compliVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
57 

•HR 1809 RH

1 ance with the amendments to the core requirements 

2 and State Plans made by the Juvenile Justice Reform 

3 Act of 2017, including training and technical assist4 ance and, when appropriate, pilot or demonstration 

5 projects intended to develop and replicate best prac6 tices for achieving sight and sound separation in fa7 cilities or portions of facilities that are open and 

8 available to the general public and that may or may 

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

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

11 in support of efforts to establish partnerships between 

12 a State and a university, institution of higher edu13 cation, or research center designed to improve the re14 cruitment, selection, training, and retention of profes15 sional personnel in the fields of medicine, law enforce16 ment, the judiciary, juvenile justice, social work and 

17 child protection, education, and other relevant fields 

18 who are engaged in, or intend to work in, the field 

19 of prevention, identification, and treatment of delin20 quency.’’; 

21 (3) in subsection (c)— 

22 (A) by inserting ‘‘prosecutors,’’ after ‘‘public 

23 defenders,’’; and 

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

25 after ‘‘needs of’’; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
58 

•HR 1809 RH

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

2 ‘‘(d) BEST PRACTICES REGARDING LEGAL REPRESEN3 TATION OF CHILDREN.—In consultation with experts in the 

4 field of juvenile defense, the Administrator shall— 

5 ‘‘(1) share best practices, which may include 

6 sharing standards of practice developed by recognized 

7 entities in the profession, for attorneys representing 

8 children; and 

9 ‘‘(2) provide a State, if it so requests, technical 

10 assistance to implement any of the best practices 

11 shared under paragraph (1). 

12 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

13 LOCAL AND STATE JUVENILE DETENTION AND CORREC14 TIONS PERSONNEL.—The Administrator shall coordinate 

15 training and technical assistance programs with juvenile 

16 detention and corrections personnel of States and units of 

17 local government— 

18 ‘‘(1) to promote methods for improving condi19 tions of juvenile confinement, including methods that 

20 are designed to minimize the use of dangerous prac21 tices, unreasonable restraints, and isolation and 

22 methods responsive to cultural differences; and 

23 ‘‘(2) to encourage alternative behavior manage24 ment techniques based on positive youth development 


asabaliauskas on DSK3SPTVN1PROD with BILLS
59 

•HR 1809 RH

1 approaches, which may include policies and proce2 dures to train personnel to be culturally competent. 

3 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO SUP4 PORT MENTAL HEALTH OR SUBSTANCE ABUSE TREAT5 MENT INCLUDING HOME-BASED OR COMMUNITY-BASED

6 CARE.—The Administrator shall provide training and tech7 nical assistance, in conjunction with the appropriate public 

8 agencies, to individuals involved in making decisions re9 garding the disposition and management of cases for youth 

10 who enter the juvenile justice system about the appropriate 

11 services and placement for youth with mental health or sub12 stance abuse needs, including— 

13 ‘‘(1) juvenile justice intake personnel; 

14 ‘‘(2) probation officers; 

15 ‘‘(3) juvenile court judges and court services per16 sonnel; 

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

18 and 

19 ‘‘(5) family members of juveniles and family ad20 vocates. 

21 ‘‘(g) TRAINING AND TECHNICAL ASSISTANCE TO SUP22 PORT JUVENILE COURT JUDGES AND PERSONNEL.—The 

23 Attorney General, acting through the Office of Juvenile Jus24 tice and Delinquency Prevention and the Office of Justice 

25 Programs, shall provide training and technical assistance, 


asabaliauskas on DSK3SPTVN1PROD with BILLS
60 

•HR 1809 RH

1 in conjunction with the appropriate public agencies, to en2 hance the capacity of State and local courts, judges, and 

3 related judicial personnel to— 

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

6 court system; and 

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

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

9 FOR INCARCERATED JUVENILES.—The Attorney General, in 

10 consultation with the Secretary of Agriculture, shall provide 

11 guidance to States relating to existing options for school 

12 food authorities in the States to apply for reimbursement 

13 for free or reduced price lunches under the Richard B. Rus14 sell National School Lunch Act (42 U.S.C. 1751 et seq.) for 

15 juveniles who are incarcerated and would, if not incarcer16 ated, be eligible for free or reduced price lunches under that 

17 Act.’’. 

18 SEC. 209. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 299 of the Juvenile Justice and Delinquency 

20 Prevention Act of 1974 (42 U.S.C. 5671) is amended— 

21 (1) by striking subsections (b) and (c), and re22 designating subsection (d) as subsection (b); 

23 (2) in subsection (a)— 

24 (A) in the heading, by striking ‘‘(EXCLUD25 ING PARTS C AND E)’’; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
61 

•HR 1809 RH

1 (B) by striking paragraph (1) and inserting 

2 the following: 

3 ‘‘(1) There are authorized to be appropriated to carry 

4 out this title— 

5 ‘‘(A) $76,125,000 for fiscal year 2018; 

6 ‘‘(B) $76,125,000 for fiscal year 2019; 

7 ‘‘(C) $77,266,875 for fiscal year 2020; 

8 ‘‘(D) $78,425,878 for fiscal year 2021; and 

9 ‘‘(E) $79,602,266 for fiscal year 2022.’’; and 

10 (C) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by striking ‘‘(other than parts C 

13 and E)’’; and 

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

15 ‘‘part D’’ and inserting ‘‘parts D and E’’. 

16 SEC. 210. ADMINISTRATIVE AUTHORITY. 

17 Section 299A of the Juvenile Justice and Delinquency 

18 Prevention Act of 1974 (42 U.S.C. 5672) is amended— 

19 (1) in subsection (d)— 

20 (A) by inserting ‘‘(1)’’ before ‘‘The Adminis21 trator’’; 

22 (B) by striking ‘‘, after appropriate con23 sultation with representatives of States and units 

24 of local government,’’; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
62 

•HR 1809 RH

1 (C) by inserting ‘‘guidance,’’ after ‘‘regula2 tions,’’; and 

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

4 developing guidance and procedures, the Admin5 istrator shall consult with representatives of 

6 States and units of local government, including 

7 those individuals responsible for administration 

8 of this Act and compliance with the core require9 ments. 

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

11 ‘‘(A) reporting, compliance reporting, State plan 

12 requirements, and other similar documentation as 

13 may be required from States is requested in a manner 

14 that respects confidentiality, encourages efficiency 

15 and reduces the duplication of reporting efforts; and 

16 ‘‘(B) States meeting all the core requirements are 

17 encouraged to experiment with offering innovative, 

18 data-driven programs designed to further improve the 

19 juvenile justice system.’’; and 

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

21 described in paragraphs (11), (12), and (13) of sec22 tion 223(a)’’ and inserting ‘‘core requirements’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
63 

•HR 1809 RH

1 TITLE III—INCENTIVE GRANTS 

2 FOR LOCAL DELINQUENCY 

3 PREVENTION PROGRAMS 

4 SEC. 301. SHORT TITLE. 

5 Section 501 of the Incentive Grants for Local Delin6 quency Prevention Programs Act of 2002 (42 U.S.C. 5601 

7 note) is amended— 

8 (1) by inserting ‘‘Youth Promise’’ before ‘‘Incen9 tive Grants’’; and 

10 (2) by striking ‘‘2002’’ and inserting ‘‘2017’’. 

11 SEC. 302. DEFINITIONS. 

12 Section 502 of the Incentive Grants for Local Delin13 quency Prevention Programs Act of 2002 (42 U.S.C. 5781) 

14 is amended to read as follows: 

15 ‘‘SEC. 502. DEFINITIONS. 

16 ‘‘In this title— 

17 ‘‘(1) the term ‘at-risk’ has the meaning given 

18 that term in section 1432 of the Elementary and Sec19 ondary Education Act of 1965 (20 U.S.C. 6472); 

20 ‘‘(2) the term ‘eligible entity’ means— 

21 ‘‘(A) a unit of local government that is in 

22 compliance with the requirements of part B of 

23 title II; or 


asabaliauskas on DSK3SPTVN1PROD with BILLS
64 

•HR 1809 RH

1 ‘‘(B) a nonprofit organization in partner2 ship with a unit of local government described in 

3 subparagraph (A); 

4 ‘‘(3) the term ‘delinquency prevention program’ 

5 means a delinquency prevention program that is evi6 dence-based or promising and that may include— 

7 ‘‘(A) alcohol and substance abuse prevention 

8 or treatment services; 

9 ‘‘(B) tutoring and remedial education, espe10 cially in reading and mathematics; 

11 ‘‘(C) child and adolescent health and mental 

12 health services; 

13 ‘‘(D) recreation services; 

14 ‘‘(E) leadership and youth development ac15 tivities; 

16 ‘‘(F) the teaching that individuals are and 

17 should be held accountable for their actions; 

18 ‘‘(G) assistance in the development of job 

19 training skills; 

20 ‘‘(H) youth mentoring programs; 

21 ‘‘(I) after-school programs; 

22 ‘‘(J) coordination of a continuum of serv23 ices, which may include— 

24 ‘‘(i) early childhood development serv25 ices; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
65 

•HR 1809 RH

1 ‘‘(ii) voluntary home visiting pro2 grams; 

3 ‘‘(iii) nurse-family partnership pro4 grams; 

5 ‘‘(iv) parenting skills training; 

6 ‘‘(v) child abuse prevention programs; 

7 ‘‘(vi) family stabilization programs; 

8 ‘‘(vii) child welfare services; 

9 ‘‘(viii) family violence intervention 

10 programs; 

11 ‘‘(ix) adoption assistance programs; 

12 ‘‘(x) emergency, transitional and per13 manent housing assistance; 

14 ‘‘(xi) job placement and retention 

15 training; 

16 ‘‘(xii) summer jobs programs; 

17 ‘‘(xiii) alternative school resources for 

18 youth who have dropped out of school or 

19 demonstrate chronic truancy; 

20 ‘‘(xiv) conflict resolution skill training; 

21 ‘‘(xv) restorative justice programs; 

22 ‘‘(xvi) mentoring programs; 

23 ‘‘(xvii) targeted gang prevention, inter24 vention and exit services; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
66 

•HR 1809 RH

1 ‘‘(xviii) training and education pro2 grams for pregnant teens and teen parents; 

3 and 

4 ‘‘(xix) pre-release, post-release, and re5 entry services to assist detained and incar6 cerated youth with transitioning back into 

7 and reentering the community; and 

8 ‘‘(K) other data-driven evidence-based or 

9 promising prevention programs; 

10 ‘‘(4) the term ‘local policy board’, when used 

11 with respect to an eligible entity, means a policy 

12 board that the eligible entity will engage in the devel13 opment of the eligible entity’s plan described in sec14 tion 504(e)(5), and that includes— 

15 ‘‘(A) not fewer than 15 and not more than 

16 21 members; and 

17 ‘‘(B) a balanced representation of— 

18 ‘‘(i) public agencies and private non19 profit organizations serving juveniles and 

20 their families; and 

21 ‘‘(ii) business and industry; 

22 ‘‘(C) at least one representative of the faith 

23 community, one adjudicated youth, and one par24 ent of an adjudicated youth; and 


asabaliauskas on DSK3SPTVN1PROD with BILLS
67 

•HR 1809 RH

1 ‘‘(D) in the case of an eligible entity de2 scribed in paragraph (1)(B), a representative of 

3 the nonprofit organization of the eligible entity; 

4 ‘‘(5) the term ‘mentoring’ means matching 1 

5 adult with 1 or more youths for the purpose of pro6 viding guidance, support, and encouragement through 

7 regularly scheduled meetings for not less than 9 

8 months; 

9 ‘‘(6) the term ‘State advisory group’ means the 

10 advisory group appointed by the chief executive officer 

11 of a State under a plan described in section 223(a); 

12 and 

13 ‘‘(7) the term ‘State entity’ means the State 

14 agency designated under section 223(a)(1) or the enti15 ty receiving funds under section 223(d).’’. 

16 SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINIS17 TRATOR. 

18 Section 503 of the Incentive Grants for Local Delin19 quency Prevention Programs Act of 2002 (42 U.S.C. 5782) 

20 is amended— 

21 (1) by striking paragraph (1); and 

22 (2) by redesignating paragraphs (2) through (4) 

23 as paragraphs (1) through (3), respectively. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
68 

•HR 1809 RH

1 SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PRO2 GRAMS. 

3 Section 504 of the Incentive Grants for Local Delin4 quency Prevention Programs Act of 2002 (42 U.S.C. 5781 

5 et seq.) is amended to read as follows: 

6 ‘‘SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION 

7 PROGRAMS. 

8 ‘‘(a) PURPOSE.—The purpose of this section is to en9 able local communities to address the unmet needs of at10 risk or delinquent youth, including through a continuum 

11 of delinquency prevention programs for juveniles who have 

12 had contact with the juvenile justice system or who are like13 ly to have contact with the juvenile justice system. 

14 ‘‘(b) PROGRAM AUTHORIZED.—The Administrator 

15 shall— 

16 ‘‘(1) for each fiscal year for which less than 

17 $25,000,000 is appropriated under section 506, 

18 award grants to not fewer than 3 State entities, but 

19 not more than 5 State entities, that apply under sub20 section (c) and meet the requirements of subsection 

21 (d); or 

22 ‘‘(2) for each fiscal year for which $25,000,000 

23 or more is appropriated under section 506, award 

24 grants to not fewer than 5 State entities that apply 

25 under subsection (c) and meet the requirements of 

26 subsection (d). 


asabaliauskas on DSK3SPTVN1PROD with BILLS
69 

•HR 1809 RH

1 ‘‘(c) STATE APPLICATION.—To be eligible to receive a 

2 grant under this section, a State entity shall submit an ap3 plication to the Administrator, which includes the fol4 lowing: 

5 ‘‘(1) An assurance the State entity will use— 

6 ‘‘(A) not more than 10 percent of such 

7 grant, in the aggregate— 

8 ‘‘(i) for the costs incurred by the State 

9 entity to carry out this section, except that 

10 not more than 3 percent of such grant may 

11 be used for such costs; and 

12 ‘‘(ii) to provide technical assistance to 

13 eligible entities receiving a subgrant under 

14 subsection (e) in carrying out delinquency 

15 prevention programs under the subgrant; 

16 and 

17 ‘‘(B) the remainder of such grant to award 

18 subgrants to eligible entities under subsection (e). 

19 ‘‘(2) An assurance that such grant will supple20 ment, and not supplant, State and local efforts to 

21 prevent juvenile delinquency. 

22 ‘‘(3) An assurance the State entity will evaluate 

23 the capacity of eligible entities receiving a subgrant 

24 under subsection (e) to fulfill the requirements under 

25 such subsection. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
70 

•HR 1809 RH

1 ‘‘(4) An assurance that such application was 

2 prepared after consultation with, and participation 

3 by, the State advisory group, units of local govern4 ment, community-based organizations, and organiza5 tions that carry out programs, projects, or activities 

6 to prevent juvenile delinquency in the local juvenile 

7 justice system served by the State entity. 

8 ‘‘(d) APPROVAL OF STATE APPLICATIONS.—In award9 ing grants under this section for a fiscal year, the Adminis10 trator may not award a grant to a State entity for a fiscal 

11 year unless— 

12 ‘‘(1)(A) the State that will be served by the State 

13 entity submitted a plan under section 223 for such 

14 fiscal year; and 

15 ‘‘(B) such plan is approved by the Administrator 

16 for such fiscal year; or 

17 ‘‘(2) after finding good cause for a waiver, the 

18 Administrator waives the plan required under sub19 paragraph (A) for such State for such fiscal year. 

20 ‘‘(e) SUBGRANT PROGRAM.— 

21 ‘‘(1) PROGRAM AUTHORIZED.— 

22 ‘‘(A) IN GENERAL.—Each State entity re23 ceiving a grant under this section shall award 

24 subgrants to eligible entities in accordance with 

25 this subsection. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
71 

•HR 1809 RH

1 ‘‘(B) PRIORITY.—In awarding subgrants 

2 under this subsection, the State entity shall give 

3 priority to eligible entities that demonstrate abil4 ity in— 

5 ‘‘(i) plans for service and agency co6 ordination and collaboration including the 

7 collocation of services; 

8 ‘‘(ii) innovative ways to involve the 

9 private nonprofit and business sector in de10 linquency prevention activities; 

11 ‘‘(iii) developing data-driven preven12 tion plans, employing evidence-based pre13 vention strategies, and conducting program 

14 evaluations to determine impact and effec15 tiveness; 

16 ‘‘(iv) identifying under the plan sub17 mitted under paragraph (5) potential sav18 ings and efficiencies associated with success19 ful implementation of such plan; and 

20 ‘‘(v) describing how such savings and 

21 efficiencies may be used to carry out delin22 quency prevention programs and be rein23 vested in the continuing implementation of 

24 such programs after the end of the subgrant 

25 period. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
72 

•HR 1809 RH

1 ‘‘(C) SUBGRANT PROGRAM PERIOD AND DI2 VERSITY OF PROJECTS.— 

3 ‘‘(i) PROGRAM PERIOD.—A subgrant 

4 awarded to an eligible entity by a State en5 tity under this section shall be for a period 

6 of not more than 5 years, of which the eligi7 ble entity— 

8 ‘‘(I) may use not more than 18 

9 months for completing the plan sub10 mitted by the eligible entity under 

11 paragraph (5); and 

12 ‘‘(II) shall use the remainder of 

13 the subgrant period, after planning pe14 riod described in subclause (I), for the 

15 implementation of such plan. 

16 ‘‘(ii) DIVERSITY OF PROJECTS.—In 

17 awarding subgrants under this subsection, a 

18 State entity shall ensure, to the extent prac19 ticable and applicable, that such subgrants 

20 are distributed throughout different areas, 

21 including urban, suburban, and rural 

22 areas. 

23 ‘‘(2) LOCAL APPLICATION.—An eligible entity 

24 that desires a subgrant under this subsection shall 

25 submit an application to the State entity in the State 


asabaliauskas on DSK3SPTVN1PROD with BILLS
73 

•HR 1809 RH

1 of the eligible entity, at such time and in such man2 ner as determined by the State entity, and that in3 cludes— 

4 ‘‘(A) a description of— 

5 ‘‘(i) the local policy board and local 

6 partners the eligible entity will engage in 

7 the development of the plan described in 

8 paragraph (5); 

9 ‘‘(ii) the unmet needs of at-risk or de10 linquent youth in the community; 

11 ‘‘(iii) available resources in the com12 munity to meet the unmet needs identified 

13 in the needs assessment described in para14 graph (5)(A); 

15 ‘‘(iv) potential costs to the community 

16 if the unmet needs are not addressed; 

17 ‘‘(B) a specific time period for the planning 

18 and subsequent implementation of its continuum 

19 of local delinquency prevention programs; 

20 ‘‘(C) the steps the eligible entity will take to 

21 implement the plan under subparagraph (A); 

22 and 

23 ‘‘(D) a plan to continue the grant activity 

24 with non-Federal funds, if proven successful acVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
74 

•HR 1809 RH

1 cording to the performance evaluation process 

2 under paragraph (5)(D), after the grant period. 

3 ‘‘(3) MATCHING REQUIREMENT.—An eligible en4 tity desiring a subgrant under this subsection shall 

5 agree to provide a 50 percent match of the amount of 

6 the subgrant, which may include the value of in-kind 

7 contributions. 

8 ‘‘(4) SUBGRANT REVIEW.— 

9 ‘‘(A) REVIEW.—Not later than the end of 

10 the second year of a subgrant period for a 

11 subgrant awarded to an eligible entity under this 

12 subsection and before awarding the remaining 

13 amount of the subgrant to the eligible entity, the 

14 State entity shall— 

15 ‘‘(i) ensure that the eligible entity has 

16 completed the plan submitted under para17 graph (2) and that the plan meets the re18 quirements of such paragraph; and 

19 ‘‘(ii) verify that the eligible entity will 

20 begin the implementation of its plan upon 

21 receiving the next installment of its 

22 subgrant award. 

23 ‘‘(B) TERMINATION.—If the State entity 

24 finds through the review conducted under sub25 paragraph (A) that the eligible entity has not 


asabaliauskas on DSK3SPTVN1PROD with BILLS
75 

•HR 1809 RH

1 met the requirements of clause (i) of such sub2 paragraph, the State entity shall reallocate the 

3 amount remaining on the subgrant of the eligible 

4 entity to other eligible entities receiving a 

5 subgrant under this subsection or award the 

6 amount to an eligible entity during the next 

7 subgrant competition under this subsection. 

8 ‘‘(5) LOCAL USES OF FUNDS.—An eligible entity 

9 that receives a subgrant under this subsection shall 

10 use the funds to implement a plan to carry out delin11 quency prevention programs in the community served 

12 by the eligible entity in a coordinated manner with 

13 other delinquency prevention programs or entities 

14 serving such community, which includes— 

15 ‘‘(A) an analysis of the unmet needs of at16 risk or delinquent youth in the community— 

17 ‘‘(i) which shall include— 

18 ‘‘(I) the available resources in the 

19 community to meet the unmet needs; 

20 and 

21 ‘‘(II) factors present in the com22 munity that may contribute to delin23 quency, such as homelessness, food inse24 curity, teen pregnancy, youth unemVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
76 

•HR 1809 RH

1 ployment, family instability, lack of 

2 educational opportunity; and 

3 ‘‘(ii) may include an estimate— 

4 ‘‘(I) for the most recent year for 

5 which reliable data is available, the 

6 amount expended by the community 

7 and other entities for delinquency ad8 judication for juveniles and the incar9 ceration of adult offenders for offenses 

10 committed in such community; and 

11 ‘‘(II) of potential savings and effi12 ciencies that may be achieved through 

13 the implementation of the plan; 

14 ‘‘(B) a minimum 3-year comprehensive 

15 strategy to address the unmet needs and an esti16 mate of the amount or percentage of non-Federal 

17 funds that are available to carry out the strat18 egy; 

19 ‘‘(C) a description of how delinquency pre20 vention programs under the plan will be coordi21 nated; 

22 ‘‘(D) a description of the performance eval23 uation process of the delinquency prevention pro24 grams to be implemented under the plan, which 

25 shall include performance measures to assess efVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
77 

•HR 1809 RH

1 forts to address the unmet needs of youth in the 

2 community analyzed under subparagraph (A); 

3 ‘‘(E) the evidence or promising evaluation 

4 on which such delinquency prevention programs 

5 are based; and 

6 ‘‘(F) if such delinquency prevention pro7 grams are proven successful according to the per8 formance evaluation process under subparagraph 

9 (D), a strategy to continue such programs after 

10 the subgrant period with non-Federal funds, in11 cluding a description of how any estimated sav12 ings or efficiencies created by the implementa13 tion of the plan may be used to continue such 

14 programs.’’. 

15 SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION 

16 AND RESPONSE PROGRAMS. 

17 The Incentive Grants for Local Delinquency Preven18 tion Programs Act of 2002 (42 U.S.C. 5781 et seq.) is 

19 amended by redesignating section 505 as section 506 and 

20 by inserting after section 504 the following: 

21 ‘‘SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVEN22 TION AND RESPONSE PROGRAMS. 

23 ‘‘(a) IN GENERAL.—The Administrator shall make 

24 grants under this section, on a competitive basis, to eligible 


asabaliauskas on DSK3SPTVN1PROD with BILLS
78 

•HR 1809 RH

1 Indian tribes (or consortia of Indian tribes) as described 

2 in subsection (b)— 

3 ‘‘(1) to support and enhance— 

4 ‘‘(A) tribal juvenile delinquency prevention 

5 services; and 

6 ‘‘(B) the ability of Indian tribes to respond 

7 to, and care for, at-risk or delinquent youth 

8 upon release; and 

9 ‘‘(2) to encourage accountability of Indian tribal 

10 governments with respect to preventing juvenile delin11 quency, and responding to, and caring for, juvenile 

12 offenders. 

13 ‘‘(b) ELIGIBLE INDIAN TRIBES.—To be eligible to re14 ceive a grant under this section, an Indian tribe or consor15 tium of Indian tribes shall submit to the Administrator an 

16 application in such form as the Administrator may require. 

17 ‘‘(c) CONSIDERATIONS.—In providing grants under 

18 this section, the Administrator shall take into consideration, 

19 with respect to the Indian tribe to be served, the— 

20 ‘‘(1) juvenile delinquency rates; 

21 ‘‘(2) school dropout rates; and 

22 ‘‘(3) number of youth at risk of delinquency. 

23 ‘‘(d) AVAILABILITY OF FUNDS.—Of the amount avail24 able for a fiscal year to carry out this title, 11 percent shall 

25 be available to carry out this section.’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
79 

•HR 1809 RH

1 SEC. 306. AUTHORIZATION OF APPROPRIATIONS. 

2 Section 506, as redesignated by section 305, is amend3 ed to read as follows: 

4 ‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There are authorized to be appropriated to carry out 

6 this title— 

7 ‘‘(1) $91,857,500 for fiscal year 2018; 

8 ‘‘(2) $91,857,500 for fiscal year 2019; 

9 ‘‘(3) $93,235,362 for fiscal year 2020; 

10 ‘‘(4) $94,633,892 for fiscal year 2021; and 

11 ‘‘(5) $96,053,401 for fiscal year 2022.’’. 

12 SEC. 307. TECHNICAL AMENDMENT. 

13 Title V of the Juvenile Justice and Delinquency Pre14 vention Act of 1974 as enacted by Public Law 93-415 (88 

15 Stat. 1133) (relating to miscellaneous and conforming 

16 amendments) is repealed. 

17 TITLE IV—MISCELLANEOUS 

18 PROVISIONS 

19 SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY 

20 OFFICE. 

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

22 of enactment of this Act, the Comptroller General of the 

23 United States shall— 

24 (1) conduct a comprehensive analysis and eval25 uation regarding the performance of the Office of Ju26 venile Justice and Delinquency Prevention (referred 


asabaliauskas on DSK3SPTVN1PROD with BILLS
80 

•HR 1809 RH

1 to in this section as ‘‘the agency’’), its functions, its 

2 programs, and its grants; 

3 (2) conduct a comprehensive audit and evalua4 tion of a selected, sample of grantees (as determined 

5 by the Comptroller General) that receive Federal 

6 funds under grant programs administered by the 

7 agency including a review of internal controls (as de8 fined in section 103 of the Juvenile Justice and De9 linquency Prevention Act of 1974 (42 U.S.C. 5603), 

10 as amended by this Act) to prevent fraud, waste, and 

11 abuse of funds by grantees; and 

12 (3) submit a report in accordance with sub13 section (d). 

14 (b) CONSIDERATIONS FOR EVALUATION.—In con15 ducting the analysis and evaluation under subsection 

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

17 benefit of the Juvenile Justice and Delinquency Prevention 

18 Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Run19 away and Homeless Youth Act (42 U.S.C. 5701 et seq.) and 

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

21 seq.), the Comptroller General shall take into consider22 ation— 

23 (1) the outcome and results of the programs car24 ried out by the agency and those programs adminis25 tered through grants by the agency; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
81 

•HR 1809 RH

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

2 with the Government Performance and Results Act of 

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

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

5 the programs administered by, the agency duplicate 

6 or conflict with the jurisdiction and programs of 

7 other agencies; 

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

10 duplicative programs of other agencies, and the poten11 tial for consolidating those programs; 

12 (5) whether less restrictive or alternative methods 

13 exist to carry out the functions of the agency and 

14 whether current functions or operations are impeded 

15 or enhanced by existing statutes, rules, and proce16 dures; 

17 (6) the number and types of beneficiaries or per18 sons served by programs carried out by the agency; 

19 (7) the manner with which the agency seeks pub20 lic input and input from State and local governments 

21 on the performance of the functions of the agency; 

22 (8) the extent to which the agency complies with 

23 section 552 of title 5, United States Code (commonly 

24 known as the Freedom of Information Act); 


asabaliauskas on DSK3SPTVN1PROD with BILLS
82 

•HR 1809 RH

1 (9) whether greater oversight is needed of pro2 grams developed with grants made by the agency; and 

3 (10) the extent to which changes are necessary in 

4 the authorizing statutes of the agency in order for the 

5 functions of the agency to be performed in a more effi6 cient and effective manner. 

7 (c) CONSIDERATIONS FOR AUDITS.—In conducting the 

8 audit and evaluation under subsection (a)(2), and in order 

9 to document the efficiency and public benefit of the Juvenile 

10 Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 

11 5601 et seq.), excluding the Runaway and Homeless Youth 

12 Act (42 U.S.C. 5701 et seq.) and the Missing Children’s As13 sistance Act (42 U.S.C. 5771 et seq.), the Comptroller Gen14 eral shall take into consideration— 

15 (1) whether grantees timely file Financial Status 

16 Reports; 

17 (2) whether grantees have sufficient internal con18 trols to ensure adequate oversight of grant fund re19 ceived; 

20 (3) whether disbursements were accompanied 

21 with adequate supporting documentation (including 

22 invoices and receipts); 

23 (4) whether expenditures were authorized; 

24 (5) whether subrecipients of grant funds were 

25 complying with program requirements; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
83 

•HR 1809 RH

1 (6) whether salaries and fringe benefits of per2 sonnel were adequately supported by documentation; 

3 (7) whether contracts were bid in accordance 

4 with program guidelines; and 

5 (8) whether grant funds were spent in accord6 ance with program goals and guidelines. 

7 (d) REPORT.— 

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

9 the date of enactment of this Act, the Comptroller 

10 General of the United States shall— 

11 (A) submit a report regarding the evalua12 tion conducted under subsection (a) and audit 

13 under subsection (b), to the Speaker of the House 

14 of Representatives and the President pro tempore 

15 of the Senate; and 

16 (B) make the report described in subpara17 graph (A) available to the public. 

18 (2) CONTENTS.—The report submitted in accord19 ance with paragraph (1) shall include all audit find20 ings determined by the selected, statistically signifi21 cant sample of grantees as required by subsection 

22 (a)(2) and shall include the name and location of any 

23 selected grantee as well as any findings required by 

24 subsection (a)(2). 


asabaliauskas on DSK3SPTVN1PROD with BILLS
84 

•HR 1809 RH

1 SEC. 402. ACCOUNTABILITY AND OVERSIGHT. 

2 (a) IN GENERAL.—The Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is 

4 amended by adding at the end the following: 

5 ‘‘TITLE VI—ACCOUNTABILITY 

6 AND OVERSIGHT 

7 ‘‘SEC. 601. ACCOUNTABILITY AND OVERSIGHT. 

8 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Congress 

9 that, in order to ensure that at-risk youth, and youth who 

10 come into contact with the juvenile justice system or the 

11 criminal justice system, are treated fairly and that the out12 come of that contact is beneficial to the Nation— 

13 ‘‘(1) the Department of Justice, through its Of14 fice of Juvenile Justice and Delinquency Prevention, 

15 must restore meaningful enforcement of the core re16 quirements in title II; and 

17 ‘‘(2) States, which are entrusted with a fiscal 

18 stewardship role if they accept funds under title II 

19 must exercise vigilant oversight to ensure full compli20 ance with the core requirements for juveniles provided 

21 for in title II. 

22 ‘‘(b) ACCOUNTABILITY.— 

23 ‘‘(1) AGENCY PROGRAM REVIEW.— 

24 ‘‘(A) PROGRAMMATIC AND FINANCIAL AS25 SESSMENT.— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
85 

•HR 1809 RH

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

2 days after the date of enactment of the Ju3 venile Justice Reform Act of 2017, the Di4 rector of the Office of Audit, Assessment, 

5 and Management of the Office of Justice 

6 Programs at the Department of Justice (re7 ferred to in this section as the ‘Director’) 

8 shall— 

9 ‘‘(I) conduct a comprehensive 

10 analysis and evaluation of the internal 

11 controls of the Office of Juvenile Jus12 tice and Delinquency Prevention (re13 ferred to in this section as the ‘agency’) 

14 to determine if States and Indian 

15 tribes receiving grants are following 

16 the requirements of the agency grant 

17 programs and what remedial action 

18 the agency has taken to recover any 

19 grant funds that are expended in viola20 tion of grant programs, including in21 stances where— 

22 ‘‘(aa) supporting documenta23 tion was not provided for cost re24 ports; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
86 

•HR 1809 RH

1 ‘‘(bb) unauthorized expendi2 tures occurred; and 

3 ‘‘(cc) subrecipients of grant 

4 funds were not in compliance 

5 with program requirements; 

6 ‘‘(II) conduct a comprehensive 

7 audit and evaluation of a selected sta8 tistically significant sample of States 

9 and Indian tribes (as determined by 

10 the Director) that have received Fed11 eral funds under title II, including a 

12 review of internal controls to prevent 

13 fraud, waste, and abuse of funds by 

14 grantees; and 

15 ‘‘(III) submit a report in accord16 ance with clause (iv). 

17 ‘‘(ii) CONSIDERATIONS FOR EVALUA18 TIONS.—In conducting the analysis and 

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

20 to document the efficiency and public ben21 efit of titles II and V, the Director shall 

22 take into consideration the extent to 

23 which— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
87 

•HR 1809 RH

1 ‘‘(I) greater oversight is needed of 

2 programs developed with grants made 

3 by the agency; 

4 ‘‘(II) changes are necessary in the 

5 authorizing statutes of the agency in 

6 order that the functions of the agency 

7 can be performed in a more efficient 

8 and effective manner; and 

9 ‘‘(III) the agency has imple10 mented recommendations issued by the 

11 Comptroller General or Office of In12 spector General relating to the grant 

13 making and grant monitoring respon14 sibilities of the agency. 

15 ‘‘(iii) CONSIDERATIONS FOR AUDITS.— 

16 In conducting the audit and evaluation 

17 under clause (i)(II), and in order to docu18 ment the efficiency and public benefit of ti19 tles II and V, the Director shall take into 

20 consideration— 

21 ‘‘(I) whether grantees timely file 

22 Financial Status Reports; 

23 ‘‘(II) whether grantees have suffi24 cient internal controls to ensure ade25 quate oversight of grant funds received; 


asabaliauskas on DSK3SPTVN1PROD with BILLS
88 

•HR 1809 RH

1 ‘‘(III) whether grantees’ assertions 

2 of compliance with the core require3 ments were accompanied with adequate 

4 supporting documentation; 

5 ‘‘(IV) whether expenditures were 

6 authorized; 

7 ‘‘(V) whether subrecipients of 

8 grant funds were complying with pro9 gram requirements; and 

10 ‘‘(VI) whether grant funds were 

11 spent in accordance with the program 

12 goals and guidelines. 

13 ‘‘(iv) REPORT.—The Director shall— 

14 ‘‘(I) submit to the Congress a re15 port outlining the results of the anal16 ysis, evaluation, and audit conducted 

17 under clause (i), including supporting 

18 materials, to the Speaker of the House 

19 of Representatives and the President 

20 pro tempore of the Senate; and 

21 ‘‘(II) shall make such report 

22 available to the public online, not later 

23 than 1 year after the date of enactment 

24 of this section. 

25 ‘‘(B) ANALYSIS OF INTERNAL CONTROLS.— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
89 

•HR 1809 RH

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

2 days after the date of enactment of the Ju3 venile Justice Reform Act of 2017, the Ad4 ministrator shall initiate a comprehensive 

5 analysis and evaluation of the internal con6 trols of the agency to determine whether, 

7 and to what extent, States and Indian 

8 tribes that receive grants under titles II and 

9 V are following the requirements of the 

10 grant programs authorized under titles II 

11 and V. 

12 ‘‘(ii) REPORT.—Not later than 180 

13 days after the date of enactment of the Ju14 venile Justice Reform Act of 2017, the Ad15 ministrator shall submit to Congress a re16 port containing— 

17 ‘‘(I) the findings of the analysis 

18 and evaluation conducted under clause 

19 (i); 

20 ‘‘(II) a description of remedial ac21 tions, if any, that will be taken by the 

22 Administrator to enhance the internal 

23 controls of the agency and recoup funds 

24 that may have been expended in viola25 tion of law, regulations, or program reVerDate Sep 11 2014 22:44 May 04, 2017 Jkt 069200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6203 E:\BILLS\H1809.RH H1809

asabaliauskas on DSK3SPTVN1PROD with BILLS
90 

•HR 1809 RH

1 quirements issued under titles II and 

2 V; and 

3 ‘‘(III) a description of— 

4 ‘‘(aa) the analysis conducted 

5 under clause (i); 

6 ‘‘(bb) whether the funds 

7 awarded under titles II and V 

8 have been used in accordance with 

9 law, regulations, program guid10 ance, and applicable plans; and 

11 ‘‘(cc) the extent to which 

12 funds awarded to States and In13 dian tribes under titles II and V 

14 enhanced the ability of grantees to 

15 fulfill the core requirements. 

16 ‘‘(C) REPORT BY THE ATTORNEY GEN17 ERAL.—Not later than 180 days after the date of 

18 enactment of the Juvenile Justice Reform Act of 

19 2017, the Attorney General shall submit to the 

20 appropriate committees of the Congress a report 

21 on the estimated amount of formula grant funds 

22 disbursed by the agency since fiscal year 2010 

23 that did not meet the requirements for awards of 

24 formula grants to States under title II. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
91 

•HR 1809 RH

1 ‘‘(2) OFFICE OF INSPECTOR GENERAL PERFORM2 ANCE AUDITS.— 

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

4 effective and appropriate use of grants adminis5 tered under this Act (excluding title III) and to 

6 prevent waste, fraud, and abuse of funds by 

7 grantees, the Inspector General of the Depart8 ment of Justice shall periodically conduct audits 

9 of grantees that receive grants under this Act 

10 covering each grant recipient at least once every 

11 3 years. 

12 ‘‘(B) PUBLIC AVAILABILITY ON WEBSITE.— 

13 The Attorney General shall make the summary of 

14 each review conducted under this section avail15 able on the website of the Department of Justice, 

16 subject to redaction as the Attorney General de17 termines necessary to protect classified and other 

18 sensitive information. 

19 ‘‘(C) MANDATORY EXCLUSION.—A recipient 

20 of grant funds under this Act (excluding titles II 

21 and III) that is found to have an unresolved 

22 audit finding shall not be eligible to receive 

23 grant funds under this Act (excluding title III) 

24 during the first 2 fiscal years beginning after the 


asabaliauskas on DSK3SPTVN1PROD with BILLS
92 

•HR 1809 RH

1 12-month period beginning on the date on which 

2 the audit report is issued. 

3 ‘‘(D) PRIORITY.—In awarding grants under 

4 this Act (excluding title III), the Administrator 

5 shall give priority to an eligible entity that did 

6 not have an unresolved audit finding during the 

7 3 fiscal years prior to the date on which the eli8 gible entity submits an application for the grant 

9 involved. 

10 ‘‘(E) REIMBURSEMENT.—If a grant recipi11 ent under this Act (excluding title III) is award12 ed such funds under this Act during the 2-fiscal13 year period in which the recipient is barred from 

14 receiving grants under subparagraph (C), the At15 torney General shall— 

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

17 amount of the grant funds that were im18 properly awarded to the grantee into the 

19 general fund of the Treasury; and 

20 ‘‘(ii) seek to recoup the costs of the re21 payment to the general fund under clause 

22 (i) from the grantee that was erroneously 

23 awarded grant funds. 

24 ‘‘(F) DEFINITION.—In this paragraph, the 

25 term ‘unresolved audit finding’ means a finding 


asabaliauskas on DSK3SPTVN1PROD with BILLS
93 

•HR 1809 RH

1 in the final audit report of the Inspector Gen2 eral— 

3 ‘‘(i) that the audited recipient has used 

4 grant funds for an unauthorized expendi5 ture or otherwise unallowable cost; and 

6 ‘‘(ii) that is not closed or resolved dur7 ing the 12-month period beginning on the 

8 date on which the final audit report is 

9 issued. 

10 ‘‘(3) CONFERENCE EXPENDITURES.— 

11 ‘‘(A) LIMITATION.—No amounts authorized 

12 to be appropriated to the Department of Justice 

13 under this Act may be used by the Attorney Gen14 eral, or by any individual or organization 

15 awarded discretionary funds through a coopera16 tive agreement under this Act, to host or support 

17 any expenditure for conferences that uses more 

18 than $20,000 in funds made available to the De19 partment of Justice, unless the Deputy Attorney 

20 General or such Assistant Attorney Generals, Di21 rectors, or principal deputies as the Deputy At22 torney General may designate, provides prior 

23 written authorization that the funds may be ex24 pended to host a conference. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
94 

•HR 1809 RH

1 ‘‘(B) WRITTEN APPROVAL.—Written ap2 proval under subparagraph (A) shall include a 

3 written estimate of all costs associated with the 

4 conference, including the cost of all food and bev5 erages, audiovisual equipment, honoraria for 

6 speakers, and entertainment. 

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

10 Committee on Education and the Workforce of 

11 the House of Representatives on all conference 

12 expenditures approved under this paragraph. 

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

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

15 be appropriated under this Act may not be uti16 lized by any recipient of a grant made using 

17 such amounts— 

18 ‘‘(i) to lobby any representative of the 

19 Department of Justice regarding the award 

20 of grant funding; or 

21 ‘‘(ii) to lobby any representative of a 

22 Federal, State, local, or tribal government 

23 regarding the award of grant funding. 

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

25 determines that any recipient of a grant made 


asabaliauskas on DSK3SPTVN1PROD with BILLS
95 

•HR 1809 RH

1 using amounts authorized to be appropriated 

2 under this Act has violated subparagraph (A), 

3 the Attorney General shall— 

4 ‘‘(i) require the recipient to repay the 

5 grant in full; and 

6 ‘‘(ii) prohibit the recipient to receive 

7 another grant under this Act for not less 

8 than 5 years. 

9 ‘‘(C) CLARIFICATION.—For purposes of this 

10 paragraph, submitting an application for a 

11 grant under this Act shall not be considered lob12 bying activity in violation of subparagraph (A). 

13 ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— 

14 ‘‘(1) IN GENERAL.—Before the Attorney General 

15 awards a grant to an applicant under this Act, the 

16 Attorney General shall compare potential grant 

17 awards with other grants awarded under this Act to 

18 determine if duplicate grant awards are awarded for 

19 the same purpose. 

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

21 duplicate grants to the same applicant for the same 

22 purpose the Attorney General shall submit to the 

23 Committee on the Judiciary of the Senate and the 

24 Committee on Education and the Workforce of the 

25 House of Representatives a report that includes— 


asabaliauskas on DSK3SPTVN1PROD with BILLS
96 

•HR 1809 RH

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

2 including the total dollar amount of any dupli3 cate grants awarded; and 

4 ‘‘(B) the reason the Attorney General 

5 awarded the duplicative grant. 

6 ‘‘(d) COMPLIANCE WITH AUDITING STANDARDS.—The 

7 Administrator shall comply with the Generally Accepted 

8 Government Auditing Standards, published by the General 

9 Accountability Office (commonly known as the ‘Yellow 

10 Book’), in the conduct of fiscal, compliance, and pro11 grammatic audits of States.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 (1) IN GENERAL.—The Juvenile Justice and De14 linquency Prevention Act of 1974 is amended by 

15 striking paragraphs (6) and (7) of section 407 (42 

16 U.S.C. 5776a). 

17 (2) EFFECTIVE DATE.—The amendment made by 

18 paragraph (1) shall take effect on the 1st day of the 

19 1st fiscal year that begins after the date of enactment 

20 of this Act. 

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

22 that is barred from receiving grant funds under para23 graph (7)(B)(ii) of section 407 of the Juvenile Justice 

24 and Delinquency Prevention Act of 1974 (42 U.S.C. 

25 5776a), the amendment made by paragraph (1) of 


asabaliauskas on DSK3SPTVN1PROD with BILLS
97 

•HR 1809 RH

1 this subsection shall not affect the applicability to the 

2 entity, or to the Attorney General with respect to the 

3 entity, of paragraph (7) of such section 407, as in ef4 fect on the day before the effective date of the amend5 ment made by paragraph (1). 

6 (c) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) TITLE III.—Section 388(a) of the Juvenile 

8 Justice and Delinquency Prevention Act of 1974 (42 

9 U. S. C. 5751(a)) is amended— 

10 (A) in paragraph (1), by striking 

11 ‘‘140,000,000’’ and all that follows through 

12 ‘‘2013’’, and inserting ‘‘101,980,000 for each of 

13 the fiscal years 2018 through 2022’’ before the 

14 period; 

15 (B) in paragraph (3)(B), by striking 

16 ‘‘There’’ and all that follows through ‘‘2013’’, 

17 and inserting ‘‘Of the amount made available for 

18 a fiscal year to carry out this title, not more 

19 than 1 percent may be used to carry out section 

20 345’’ before the period; and 

21 (C) in paragraph (4), by striking 

22 ‘‘$25,000,000’’ and all that follows through 

23 ‘‘2013’’, and inserting ‘‘$17,141,000 for each of 

24 the fiscal years 2018 through 2022’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS
98 

•HR 1809 RH

1 (2) TITLE IV.—Section 408 of the Juvenile Jus2 tice and Delinquency Prevention Act of 1974 (42 U. 

3 S. C. 5777) is amended by striking ‘‘2018’’ and in4 serting ‘‘2022’’. 


asabaliauskas on DSK3SPTVN1PROD with BILLS

asabaliauskas on DSK3SPTVN1PROD with BILLS
Union Calendar No. 65 

115TH CONGRESS 

1ST SESSION H. R. 1809 

[Report No. 115–111] 

A BILL 

To reauthorize and improve the Juvenile Justice 

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

MAY 4, 2017 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


asabaliauskas on DSK3SPTVN1PROD with BILLS