II 

Calendar No. 325 

114TH CONGRESS 

1ST SESSION S. 1169 

[Report No. 114–181] 

To reauthorize and improve the Juvenile Justice and Delinquency Prevention 

Act of 1974, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 30, 2015 

Mr. GRASSLEY (for himself, Mr. WHITEHOUSE, Mr. LEAHY, Mr. BLUNT, Mr. 

CORNYN, Mr. DURBIN, Mr. COONS, Mr. HATCH, Mr. RUBIO, Mr. 

BLUMENTHAL, Ms. KLOBUCHAR, Mrs. FEINSTEIN, Ms. AYOTTE, Mrs. 

SHAHEEN, and Mrs. MURRAY) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

DECEMBER 15, 2015 

Reported by Mr. GRASSLEY, with an amendment 

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

A BILL 

To reauthorize and improve the Juvenile Justice and 

Delinquency Prevention Act of 1974, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Delinquency Prevention Reauthorization Act of 2015’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—DECLARATION OF PURPOSE AND DEFINITIONS 

Sec. 101. Purposes. 

Sec. 102. Definitions. 

TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

Sec. 201. Concentration of Federal efforts. 

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

Sec. 203. Annual report. 

Sec. 204. Allocation of funds. 

Sec. 205. State plans. 

Sec. 206. Reallocation of grant funds. 

Sec. 207. Authority to make grants. 

Sec. 208. Eligibility of States. 

Sec. 209. Grants to Indian tribes. 

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

Sec. 211. Training and technical assistance. 

Sec. 212. Administrative authority. 

Sec. 213. Technical and conforming amendments. 

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 

PREVENTION PROGRAMS 

Sec. 301. Definitions. 

Sec. 302. Grants for delinquency prevention programs. 

Sec. 303. Technical and conforming amendment. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Evaluation by Government Accountability Office. 

Sec. 402. Authorization of appropriations. 

Sec. 403. Accountability and oversight. 

TITLE V—JUVENILE ACCOUNTABILITY BLOCK GRANTS 

Sec. 501. Grant eligibility. 


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1 TITLE I—DECLARATION OF 

2 PURPOSE AND DEFINITIONS 

3 SEC. 101. PURPOSES. 

4 Section 102 of the Juvenile Justice and Delinquency 

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

6 (1) in paragraph (2), by striking ‘‘and’’ at the 

7 end; 

8 (2) by amending paragraph (3) to read as fol9 lows: 

10 ‘‘(3) to assist State and local governments in 

11 addressing juvenile crime through the provision of 

12 technical assistance, research, training, evaluation, 

13 and the dissemination of current and relevant infor14 mation on effective and evidence-based programs 

15 and practices for combating juvenile delinquency;’’; 

16 and 

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

18 ‘‘(4) to support a trauma-informed continuum 

19 of programs (including delinquency prevention, 

20 intervention, mental health and substance abuse 

21 treatment, and aftercare) to address the needs of at22 risk youth and youth who come into contact with the 

23 justice system.’’. 


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1 SEC. 102. DEFINITIONS. 

2 Section 103 of the Juvenile Justice and Delinquency 

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

4 (1) in paragraph (8), by amending subpara5 graph (C) to read as follows: 

6 ‘‘(C) an Indian tribe; or’’; 

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

9 ‘‘(18) the term ‘Indian tribe’ has the meaning 

10 given that term in section 102 of the Federally Rec11 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

12 479a);’’; 

13 (3) by amending paragraph (22) to read as fol14 lows: 

15 ‘‘(22) the term ‘jail or lockup for adults’— 

16 ‘‘(A) means a secure facility that is used 

17 by a State, unit of local government, or law en18 forcement authority to detain or confine adult 

19 inmates; and 

20 ‘‘(B) does not include a non-secure area in 

21 a police facility or station in which a portion of 

22 the area is secured to physically restrict the 

23 movement and activity of individuals in lawful 

24 custody;’’; 

25 (4) by amending paragraph (25) to read as fol26 lows: 


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

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

3 not brief and inadvertent;’’; 

4 (5) by amending paragraph (26) to read as fol5 lows: 

6 ‘‘(26) the term ‘adult inmate’— 

7 ‘‘(A) means an individual who— 

8 ‘‘(i) has reached the age of full crimi9 nal responsibility under applicable State 

10 law; and 

11 ‘‘(ii) has been arrested and is in cus12 tody for or awaiting trial on a criminal 

13 charge, or is convicted of a criminal charge 

14 offense; and 

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

16 ‘‘(i) at the time of the time of the of17 fense, was younger than the maximum age 

18 at which a youth can be held in a juvenile 

19 facility under applicable State law; and 

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

21 custody or supervision, including post22 placement or parole supervision, of a juve23 nile correctional agency by a court of com24 petent jurisdiction or by operation of appli25 cable State law;’’; 


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

2 end; 

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

4 the end and inserting a semicolon; and 

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

6 ‘‘(30) the term ‘core requirements’ means the 

7 requirements described in paragraphs (11), (12), 

8 (13), (14), and (15) of section 223(a); 

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

10 or injection used to temporarily incapacitate a per11 son, including oleoresin capsicum spray, tear gas, 

12 and 2-chlorobenzalmalononitrile gas; 

13 ‘‘(32) the term ‘isolation’— 

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

15 is confined alone for more than 15 minutes in 

16 a room or cell; and 

17 ‘‘(B) does not include confinement during 

18 regularly scheduled sleeping hours, or for not 

19 more than 1 hour during any 24-hour period in 

20 the room or cell in which the youth usually 

21 sleeps, protective confinement (for injured 

22 youths or youths whose safety is threatened), 

23 separation based on an approved treatment pro24 gram, confinement or separation that is re25 quested by the youth, or the separation of the 


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1 youth from a group in a nonlocked setting for 

2 the purpose of calming; 

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

4 given that term in section 591 of the Public Health 

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

6 ‘‘(34) the term ‘evidence-based’ means a pro7 gram or practice that— 

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

9 implemented with fidelity; 

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

11 empirically supported theory; 

12 ‘‘(C) has measurable outcomes, including a 

13 detailed description of the outcomes produced 

14 in a particular population, in rural and urban 

15 areas; and 

16 ‘‘(D) has been scientifically tested through 

17 randomized control studies or comparison group 

18 studies; 

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

20 practice that is demonstrated to be effective based 

21 on positive outcomes from 1 or more objective, inde22 pendent, and scientifically valid evaluations, as docu23 mented in writing to the Administrator; 

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

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1 able risk of physical injury, pain, or psychological 

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

3 or program; 

4 ‘‘(37) the term ‘screening’ means a brief proc5 ess— 

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

7 have mental health, behavioral health, sub8 stance abuse, or other needs requiring imme9 diate attention, intervention, and further eval10 uation; and 

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

12 identify a youth with possible mental health, be13 havioral health, substance abuse, or other needs 

14 in need of further assessment; 

15 ‘‘(38) the term ‘assessment’ includes, at a min16 imum, an interview and review of available records 

17 and other pertinent information— 

18 ‘‘(A) by an appropriately trained profes19 sional who meets the criteria of the applicable 

20 State for licensing and education in the mental 

21 health, behavioral health, or substance abuse 

22 field; and 

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1 stance abuse treatment needs to be addressed 

2 during a youth’s confinement; 

3 ‘‘(39) the term ‘contact’ means the points at 

4 which a youth and the juvenile justice system or 

5 criminal justice system officially intersect, including 

6 interactions with a juvenile justice, juvenile court, or 

7 law enforcement official; 

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

9 ‘‘(A) understanding the impact that expo10 sure to violence and trauma have on a youth’s 

11 physical, psychological, and psychosocial devel12 opment; 

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

14 exposed to violence and trauma and is in need 

15 of help to recover from the adverse impacts of 

16 trauma; and 

17 ‘‘(C) responding by helping in ways that 

18 reflect awareness of the adverse impacts of 

19 trauma; 

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

21 means minority youth populations are involved at a 

22 decision point in the juvenile justice system at high23 er rates, incrementally or cumulatively, than non-mi24 nority youth at that decision point; 

25 ‘‘(42) the term ‘status offender’ means— 


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

2 has committed an offense that would not be 

3 criminal if committed by an adult; or 

4 ‘‘(B) an individual under 18 years of age 

5 who is charged with or who has committed an 

6 offense of purchase or possession of any alco7 holic beverage; and 

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

9 not located in a metropolitan statistical area, as de10 fined by the Office of Management and Budget.’’. 

11 TITLE II—JUVENILE JUSTICE 

12 AND DELINQUENCY PREVEN13 TION 

14 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

15 Section 204 of the Juvenile Justice and Delinquency 

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

17 (1) in subsection (a)— 

18 (A) in paragraph (1), in the first sen19 tence— 

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

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

22 long-term plan to improve the juvenile jus23 tice system in the United States, taking 

24 into account scientific knowledge regarding 

25 adolescent development and behavior and 


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1 regarding the effects of delinquency pre2 vention programs and juvenile justice 

3 interventions on adolescents, and shall im4 plement’’; and 

5 (ii) by striking ‘‘research, and im6 provement of the juvenile justice system in 

7 the United States’’ and inserting ‘‘and re8 search’’; and 

9 (B) in paragraph (2)(B), by striking ‘‘Fed10 eral Register’’ and all that follows and inserting 

11 ‘‘Federal Register during the 30-day period 

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

13 (2) in subsection (b)— 

14 (A) in paragraph (5), by adding ‘‘and’’ at 

15 the end; 

16 (B) in paragraph (6), by striking ‘‘; and’’ 

17 and inserting a period; and 

18 (C) by striking paragraph (7). 

19 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

20 AND DELINQUENCY PREVENTION. 

21 Section 206 of the Juvenile Justice and Delinquency 

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

23 (1) in subsection (a)(1)— 

24 (A) by inserting ‘‘the Administrator of the 

25 Substance Abuse and Mental Health Services 


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1 Administration, the Secretary of Defense, the 

2 Secretary of Agriculture, the Assistant Sec3 retary for Indian Affairs’’ after ‘‘the Secretary 

4 of Health and Human Services,’’; and 

5 (B) by striking ‘‘Commissioner of Immi6 gration and Naturalization’’ and inserting ‘‘As7 sistant Secretary for Immigration and Customs 

8 Enforcement’’; and 

9 (2) in subsection (c)— 

10 (A) in paragraph (1), by striking ‘‘para11 graphs (12)(A), (13), and (14) of section 

12 223(a) of this title’’ and inserting ‘‘the core re13 quirements’’; and 

14 (B) in paragraph (2)— 

15 (i) in the matter preceding subpara16 graph (A), by inserting ‘‘, on an annual 

17 basis’’ after ‘‘collectively’’; and 

18 (ii) by striking subparagraph (B) and 

19 inserting the following: 

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

21 completion of the last meeting of the Council 

22 during any fiscal year, submit to the Committee 

23 on Education and Labor of the House of Rep24 resentatives and the Committee on the Judici25 ary of the Senate a report that— 


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1 ‘‘(i) contains the recommendations de2 scribed in subparagraph (A); 

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

4 activities conducted by the Council during 

5 the fiscal year, including a complete de6 tailed accounting of expenses incurred by 

7 the Council to conduct operations in ac8 cordance with this section; 

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

10 the Department of Justice, Office of Juve11 nile Justice and Delinquency Prevention, 

12 and the Council; and 

13 ‘‘(iv) is in addition to the annual re14 port required under section 207.’’. 

15 SEC. 203. ANNUAL REPORT. 

16 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

20 year’’; 

21 (2) in paragraph (1)— 

22 (A) in subparagraph (B), by inserting ‘‘, 

23 ethnicity, as such term is defined by the United 

24 States Census Bureau,’’ after ‘‘gender’’; 


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

2 ‘‘and’’ at the end; 

3 (C) in subparagraph (F)— 

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

5 ‘‘disabilities,’’; and 

6 (ii) by striking the period at the end 

7 and inserting a semicolon; and 

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

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

10 the applicable fiscal year of the use of restraints 

11 and isolation upon juveniles held in the custody 

12 of secure detention and correctional facilities 

13 operated by a State or unit of local government; 

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

15 petitioned to court, number of status offenders 

16 held in secure detention, the findings used to 

17 justify the use of secure detention, and the av18 erage period of time a status offender was held 

19 in secure detention; 

20 ‘‘(I) the number of juveniles in the custody 

21 of secure detention and correctional facilities 

22 operated by a State or unit of local government 

23 who report to being pregnant; and 

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1 campus activities, or due to a referral by any 

2 school official.’’; 

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

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

6 promising programs under this title and title V and 

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

9 rural and urban areas. 

10 ‘‘(6) A description of funding provided to In11 dian tribes under this Act, or under the Tribal Law 

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

13 Stat. 2261), including direct Federal grants and 

14 funding provided to Indian tribes through a State or 

15 unit of local government. 

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

17 controls at the Office of Juvenile Justice and Delin18 quency Prevention to determine if grantees are fol19 lowing the requirements of the Office of Juvenile 

20 Justice and Delinquency Prevention grant programs 

21 and what remedial action the Office of Juvenile Jus22 tice and Delinquency Prevention has taken to re23 cover any grant funds that are expended in violation 

24 of the grant programs, including instances in 

25 which— 


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1 ‘‘(A) supporting documentation was not 

2 provided for cost reports; 

3 ‘‘(B) unauthorized expenditures occurred; 

4 or 

5 ‘‘(C) subrecipients of grant funds were not 

6 compliant with program requirements. 

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

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

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

13 programs, including— 

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

15 grantee; 

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

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

19 Delinquency Prevention; and 

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

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

23 SEC. 204. ALLOCATION OF FUNDS. 

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

25 the Juvenile Justice and Delinquency Prevention Act of 


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

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

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

5 U.S.C. 5632) is amended— 

6 (1) in subsection (a)— 

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

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

9 on the most recent census’’; and 

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

11 inserting the following: 

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

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

14 $75,000,000, then— 

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

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

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

18 and 

19 ‘‘(ii) the amount allocated to the Virgin Is20 lands of the United States, Guam, American 

21 Samoa, and the Commonwealth of the Northern 

22 Mariana Islands for that fiscal year shall be not 

23 less than $75,000. 


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

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

3 $75,000,000, then— 

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

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

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

7 and 

8 ‘‘(ii) the amount allocated to the Virgin Is9 lands of the United States, Guam, American 

10 Samoa, and the Commonwealth of the Northern 

11 Mariana Islands for that fiscal year shall be not 

12 less than $100,000.’’; 

13 (2) by redesignating subsections (c) and (d) as 

14 subsections (d) and (e), respectively; 

15 (3) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c)(1) If any amount allocated under subsection (a) 

18 is withheld from a State due to noncompliance with the 

19 core requirements, the funds shall be reallocated for an 

20 improvement grant designed to assist the State in achiev21 ing compliance with the core requirements. 

22 ‘‘(2) The Administrator shall condition a grant de23 scribed in paragraph (1) on the State— 


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1 ‘‘(A) with the approval of the Administrator, 

2 developing specific action steps designed to restore 

3 compliance with the core requirements; and 

4 ‘‘(B) semiannually submitting to the Adminis5 trator a report on progress toward implementing the 

6 specific action steps developed under subparagraph 

7 (A). 

8 ‘‘(3) The Administrator shall provide appropriate and 

9 effective technical assistance directly or through an agree10 ment with a contractor to assist a State receiving an im11 provement grant described in paragraph (1) in achieving 

12 compliance with the core requirements.’’; 

13 (4) in subsection (d), as redesignated, by strik14 ing ‘‘efficient administration, including monitoring, 

15 evaluation, and one full-time staff position’’ and in16 serting ‘‘effective and efficient administration, in17 cluding the designation of not less than 1 person to 

18 coordinate efforts to achieve and sustain compliance 

19 with the core requirements’’; and 

20 (5) in subsection (e), as redesignated, by strik21 ing ‘‘5 per centum of the minimum’’ and inserting 

22 ‘‘not more than 5 percent of the’’. 

23 SEC. 205. STATE PLANS. 

24 Section 223 of the Juvenile Justice and Delinquency 

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


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1 (1) in subsection (a)— 

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

3 by striking ‘‘and shall describe the status of 

4 compliance with State plan requirements’’ and 

5 inserting ‘‘and shall describe how the State plan 

6 is supported by or takes account of scientific 

7 knowledge regarding adolescent development 

8 and behavior and regarding the effects of delin9 quency prevention programs and juvenile justice 

10 interventions on adolescents. Not later than 45 

11 days after the date on which a plan or amended 

12 plan submitted under this subsection is final13 ized, a State shall make the plan or amended 

14 plan publicly available by posting the plan or 

15 amended plan on the State’s publicly available 

16 website.’’; 

17 (B) in paragraph (3)— 

18 (i) in subparagraph (A)— 

19 (I) in clause (i), by inserting ‘‘ad20 olescent development,’’ after ‘‘con21 cerning’’; 

22 (II) in clause (ii)— 

23 (aa) in subclause (II), by 

24 striking ‘‘counsel for children and 

25 youth’’ and inserting ‘‘publicly 


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1 supported court-appointed legal 

2 counsel for children and youth 

3 charged in delinquency matters’’; 

4 (bb) in subclause (III), by 

5 striking ‘‘mental health, edu6 cation, special education’’ and in7 serting ‘‘children’s mental health, 

8 education, child and adolescent 

9 substance abuse, special edu10 cation, services for youth with 

11 disabilities’’; 

12 (cc) in subclause (V), by 

13 striking ‘‘delinquents or potential 

14 delinquents’’ and inserting ‘‘de15 linquent youth or youth at risk of 

16 delinquency’’; 

17 (dd) in subclause (VI), by 

18 striking ‘‘youth workers involved 

19 with’’ and inserting ‘‘representa20 tives of’’; 

21 (ee) in subclause (VII), by 

22 striking ‘‘and’’ at the end; 

23 (ff) by striking subclause 

24 (VIII) and inserting the fol25 lowing: and 


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1 ‘‘(VIII) persons with expertise 

2 and competence in preventing and ad3 dressing mental health and substance 

4 abuse needs in juvenile delinquents 

5 and those at-risk of delinquency; and 

6 ‘‘(IX) representatives of victim or 

7 witness advocacy groups;’’; 

8 (III) in clause (iii), by striking 

9 ‘‘a majority of which’’ and inserting 

10 ‘‘at least 6’’; 

11 (IV) in clause (iv)— 

12 (aa) by striking ‘‘one fifth of 

13 which’’ and inserting ‘‘3’’; and 

14 (bb) by striking ‘‘24 at the 

15 time of appointment’’ and insert16 ing ‘‘28 at the time of initial ap17 pointment’’; 

18 (ii) in subparagraph (D)(ii)— 

19 (I) by striking ‘‘at least annu20 ally’’ and inserting ‘‘at least every 2 

21 years’’; and 

22 (II) by striking ‘‘requirements of 

23 paragraphs (11), (12), and (13)’’ and 

24 inserting ‘‘core requirements’’; and 


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1 (iii) in subparagraph (E)(i), by adding 

2 ‘‘and’’ at the end; 

3 (C) in paragraph (5)— 

4 (i) in the matter preceding subpara5 graph (A), by striking ‘‘section 222(d)’’ 

6 and inserting ‘‘section 222(e)’’; and 

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

8 ‘‘Indian tribes’’ and all that follows 

9 through ‘‘applicable to the detention and 

10 confinement of juveniles’’ and inserting 

11 ‘‘Indian tribes that agree to attempt to 

12 comply with the core requirements applica13 ble to the detention and confinement of ju14 veniles’’; 

15 (D) in paragraph (7)— 

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

17 ‘‘performs law enforcement functions’’ and 

18 inserting ‘‘has jurisdiction’’; and 

19 (ii) in subparagraph (B)— 

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

21 ‘‘and’’ at the end; and 

22 (II) by striking clause (iv) and 

23 inserting the following: 

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

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1 solving courts or diversion to home-based 

2 or community-based services that are cul3 turally and linguistically competent or 

4 treatment for those youth in need of men5 tal health, substance abuse, or co-occurring 

6 disorder services at the time such juveniles 

7 first come into contact with the juvenile 

8 justice system; 

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

10 children housed in secure detention and 

11 corrections facilities who are awaiting 

12 placement in residential treatment pro13 grams; 

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

16 delivery of juvenile delinquency prevention 

17 and treatment services, particularly post18 placement; 

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

20 services to address the needs of at-risk 

21 youth or youth who have come into contact 

22 with the juvenile justice system; and 

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

25 practices.’’; 


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1 (E) in paragraph (8), by striking ‘‘exist2 ing’’ and inserting ‘‘evidence-based and prom3 ising’’; 

4 (F) in paragraph (9)— 

5 (i) in the matter preceding subpara6 graph (A) by striking ‘‘section 222(d)’’ and 

7 inserting ‘‘section 222(e)’’; 

8 (ii) in subparagraph (A)(i), by insert9 ing ‘‘status offenders and other’’ before 

10 ‘‘youth who need’’; 

11 (iii) in subparagraph (B)(i)— 

12 (I) by striking ‘‘parents and 

13 other family members’’ and inserting 

14 ‘‘status offenders, other youth, and 

15 the parents and other family members 

16 of such offenders and youth’’; and 

17 (II) by striking ‘‘be retained’’ 

18 and inserting ‘‘remain’’; 

19 (iv) by redesignating subparagraphs 

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

21 through (T), respectively; 

22 (v) in subparagraph (F), in the mat23 ter preceding clause (i), by striking ‘‘ex24 panding’’ and inserting ‘‘programs to ex25 pand’’; 


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1 (vi) by inserting after subparagraph 

2 (F), the following: 

3 ‘‘(G) expanding access to publicly sup4 ported, court-appointed legal counsel and en5 hancing capacity for the competent representa6 tion of every child;’’; 

7 (vii) in subparagraph (M), as so re8 designated— 

9 (I) in clause (i), by striking ‘‘re10 straints’’ and inserting ‘‘alternatives’’; 

11 and 

12 (II) in clause (ii)— 

13 (aa) by striking ‘‘by the pro14 vision by the Administrator’’; and 

15 (bb) by striking ‘‘to States’’; 

16 (viii) in subparagraph (S), as so re17 designated, by striking the ‘‘and’’ at the 

18 end; 

19 (ix) in subparagraph (T), as so redes20 ignated— 

21 (I) by striking ‘‘suspected to be’’; 

22 (II) by striking ‘‘and discharge 

23 plans’’ and inserting ‘‘provision of 

24 treatment, and development of dis25 charge plans’’; and 


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1 (III) by striking the period at the 

2 end and inserting a semicolon; and 

3 (x) by inserting after subparagraph 

4 (T) the following: 

5 ‘‘(U) programs and projects designed to in6 form juveniles of the opportunity and process 

7 for expunging juvenile records and to assist ju8 veniles in pursuing juvenile record 

9 expungements for both adjudications and ar10 rests not followed by adjudications; 

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

12 girls in or at risk of entering the juvenile justice 

13 system, including young mothers, survivors of 

14 commercial sexual exploitation or domestic child 

15 sex trafficking, girls with disabilities, and girls 

16 of color, including girls who are members of an 

17 Indian tribe and; 

18 ‘‘(W) monitoring for compliance with the 

19 core requirements and providing training and 

20 technical assistance on the core requirements to 

21 secure facilities.’’; 

22 (G) in paragraph (11)— 

23 (i) in subparagraph (A)— 

24 (I) in the matter preceding clause 

25 (i), by inserting ‘‘and individuals 


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1 under 18 years of age who are 

2 charged with or who have committed 

3 an offense of purchase or possession 

4 of any alcoholic beverage’’ after ‘‘by 

5 an adult’’; and 

6 (II) in the matter following 

7 clause (iii), by striking ‘‘and’’ at the 

8 end; 

9 (ii) in subparagraph (B), by adding 

10 ‘‘and’’ at the end; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(C) encourage the use of community14 based alternatives to secure detention, including 

15 programs of public and nonprofit entities re16 ceiving a grant under part A of title III;’’; 

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

18 ‘‘contact’’ and inserting ‘‘sight or sound con19 tact’’; 

20 (I) in paragraph (13)— 

21 (i) in the matter preceding subpara22 graph (A)— 

23 (I) by striking ‘‘detained or’’; and 

24 (II) by inserting ‘‘or securely de25 tained in any facility or building that 


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1 contains a jail or lock-up for adult in2 mates’’ after ‘‘lockup for adults’’; and 

3 (ii) by striking ‘‘contact’’ each place it 

4 appears and inserting ‘‘sight or sound con5 tact’’; 

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

7 (K) by redesignating paragraphs (23) 

8 through (26) as paragraphs (24) through (27), 

9 respectively; 

10 (L) by redesignating paragraphs (14) 

11 through (21) as paragraphs (16) through (23), 

12 respectively; 

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

14 following: 

15 ‘‘(14) require that— 

16 ‘‘(A) not later than 3 years after the date 

17 of enactment of the Juvenile Justice and Delin18 quency Prevention Reauthorization Act of 2015, 

19 unless a court finds, after a hearing and in 

20 writing, that it is in the interest of justice, juve21 niles awaiting trial or other legal process who 

22 are treated as adults for purposes of prosecu23 tion in criminal court and housed in a secure 

24 facility— 


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

3 ‘‘(ii) except as provided in paragraph 

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

5 for adults; 

6 ‘‘(B) in determining under subparagraph 

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

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

10 with adult inmates, a court shall consider— 

11 ‘‘(i) the age of the juvenile; 

12 ‘‘(ii) the physical and mental maturity 

13 of the juvenile; 

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

15 juvenile, including whether the juvenile 

16 presents an imminent risk of harm to the 

17 juvenile; 

18 ‘‘(iv) the nature and circumstances of 

19 the alleged offense; 

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

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

24 to meet the specific needs of the juvenile 

25 and to protect the public; 


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1 ‘‘(vii) whether placement in a juvenile 

2 facility will better serve the long-term in3 terests of the juvenile and be more likely to 

4 prevent recidivism; 

5 ‘‘(viii) the availability of programs de6 signed to treat the juvenile’s behavioral 

7 problems; and 

8 ‘‘(ix) any other relevant factor; and 

9 ‘‘(C) if a court determines under subpara10 graph (A) that it is in the interest of justice to 

11 permit a juvenile to be held in any jail or lock12 up for adults— 

13 ‘‘(i) the court shall hold a hearing not 

14 less frequently than once every 30 days, or 

15 in the case of a rural jurisdiction, not less 

16 frequently than once every 45 days, to re17 view whether it is still in the interest of 

18 justice to permit the juvenile to be so held 

19 or have such sight or sound contact; and 

20 ‘‘(ii) the juvenile shall not be held in 

21 any jail or lockup for adults, or permitted 

22 to have sight or sound contact with adult 

23 inmates, for more than 180 days, unless 

24 the court, in writing, determines there is 


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1 good cause for an extension or the juvenile 

2 expressly waives this limitation; 

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

4 improvement strategies at the State, territorial, 

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

6 reduce racial and ethnic disparities among youth 

7 who come into contact with the juvenile justice sys8 tem, without establishing or requiring numerical 

9 standards or quotas, by— 

10 ‘‘(A) establishing or designating existing 

11 coordinating bodies, composed of juvenile jus12 tice stakeholders, (including representatives of 

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

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

15 local government, and Indian tribes to reduce 

16 racial and ethnic disparities; 

17 ‘‘(B) identifying and analyzing key decision 

18 points in State, local, or tribal juvenile justice 

19 systems to determine which points create racial 

20 and ethnic disparities among youth who come 

21 into contact with the juvenile justice system; 

22 ‘‘(C) developing and implementing data 

23 collection and analysis systems to identify 

24 where racial and ethnic disparities exist in the 


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1 juvenile justice system and to track and analyze 

2 such disparities; and 

3 ‘‘(D) developing and implementing a work 

4 plan that includes measurable objectives for pol5 icy, practice, or other system changes, based on 

6 the needs identified in the data collection and 

7 analysis under subparagraphs (B) and (C).’’; 

8 (N) in paragraph (16), as so redesig9 nated— 

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

11 inserting ‘‘effective system’’; 

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

13 ‘‘monitoring jails,’’; 

14 (iii) by inserting ‘‘and’’ after ‘‘deten15 tion facilities,’’; 

16 (iv) by striking ‘‘, and non-secure fa17 cilities’’; 

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

19 ‘‘ensure’’; 

20 (vi) by striking ‘‘requirements of 

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

22 through ‘‘monitoring to the Administrator’’ 

23 and inserting ‘‘core requirements are met, 

24 and for annual reporting to the Adminis25 trator’’; and 


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

2 the Administrator,’’; 

3 (O) in paragraph (17), as so redesignated, 

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

5 (P) in paragraph (24), as so redesig6 nated— 

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

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

9 appears and inserting ‘‘status offender’’; 

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

11 ‘‘and’’ at the end; 

12 (iii) in subparagraph (C)— 

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

14 ‘‘and’’ at the end; 

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

16 ‘‘and’’ at the end; and 

17 (III) by adding at the end the 

18 following: 

19 ‘‘(iii) if such court determines the sta20 tus offender should be placed in a secure 

21 detention facility or correctional facility for 

22 violating such order— 

23 ‘‘(I) the court shall issue a writ24 ten order that— 


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1 ‘‘(aa) identifies the valid 

2 court order that has been vio3 lated; 

4 ‘‘(bb) specifies the factual 

5 basis for determining that there 

6 is reasonable cause to believe 

7 that the status offender has vio8 lated such order; 

9 ‘‘(cc) includes findings of 

10 fact to support a determination 

11 that there is no appropriate less 

12 restrictive alternative available to 

13 placing the status offender in 

14 such a facility, with due consider15 ation to the best interest of the 

16 juvenile; 

17 ‘‘(dd) specifies the length of 

18 time, not to exceed 7 days, that 

19 the status offender may remain 

20 in a secure detention facility or 

21 correctional facility, and includes 

22 a plan for the status offender’s 

23 release from such facility; and 

24 ‘‘(ee) may not be renewed or 

25 extended; and 


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1 ‘‘(II) the court may not issue a 

2 second or subsequent order described 

3 in subclause (I) relating to a status 

4 offender, unless the status offender 

5 violates a valid court order after the 

6 date on which the court issues an 

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

8 (iv) by adding at the end the fol9 lowing: 

10 ‘‘(D) there are procedures in place to en11 sure that any status offender held in a secure 

12 detention facility or correctional facility pursu13 ant to a court order described in this paragraph 

14 does not remain in custody longer than 7 days 

15 or the length of time authorized by the court, 

16 whichever is shorter; and 

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

18 of enactment of the Juvenile Justice and Delin19 quency Prevention Reauthorization Act of 2015 

20 with a 1-year extension for each additional year 

21 that the State can demonstrate hardship as de22 termined by the Administrator, the State will 

23 eliminate the use of valid court orders to pro24 vide secure confinement of status offenders;’’; 


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1 (Q) in paragraph (26), as so redesignated, 

2 by striking ‘‘section 222(d)’’ and inserting ‘‘sec3 tion 222(e)’’; 

4 (R) in paragraph (27), as so redesig5 nated— 

6 (i) by inserting ‘‘and in accordance 

7 with confidentiality concerns,’’ after ‘‘max8 imum extent practicable,’’; and 

9 (ii) by striking the semicolon at the 

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

11 provide for— 

12 ‘‘(A) a compilation of data reflecting infor13 mation on juveniles entering the juvenile justice 

14 system with a prior reported history as victims 

15 of child abuse or neglect through arrest, court 

16 intake, probation and parole, juvenile detention, 

17 and corrections; and 

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

19 subparagraph (A) to provide necessary services 

20 for the treatment of victims of child abuse and 

21 neglect who have entered, or are at risk of en22 tering, the juvenile justice system;’’; 

23 (S) in paragraph (28), by striking the pe24 riod at the end and inserting a semicolon; and 

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


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1 ‘‘(29) provide for the coordinated use of funds 

2 provided under this Act with other Federal and 

3 State funds directed at juvenile delinquency preven4 tion and intervention programs; 

5 ‘‘(30) develop policies and procedures, and pro6 vide training for facility staff to eliminate the use of 

7 dangerous practices, unreasonable restraints, and 

8 unreasonable isolation, including by developing effec9 tive behavior management techniques; 

10 ‘‘(31) describe— 

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

12 be used to conduct mental health and substance 

13 abuse screening, assessment, referral, and 

14 treatment for juveniles who— 

15 ‘‘(i) request a screening; 

16 ‘‘(ii) show signs of needing a screen17 ing; or 

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

19 than 24 hours in a secure facility that pro20 vides for an initial screening; 

21 ‘‘(B) the method to be used by the State 

22 to provide or arrange for mental health and 

23 substance abuse disorder treatment for juve24 niles determined to be in need of such treat25 ment; and 


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1 ‘‘(C) the policies of the State designed to 

2 develop and implement comprehensive collabo3 rative State or local plans to meet the service 

4 needs of juveniles with mental health or sub5 stance abuse needs who come into contact with 

6 the justice system and the families of the juve7 niles, including recognizing trauma histories of 

8 juveniles and providing trauma-informed care; 

9 ‘‘(32) describe reentry planning at the State 

10 level for juveniles, including— 

11 ‘‘(A) elements of written case plans for ju12 veniles, including if the plan is based on an as13 sessment of the needs of the juvenile and devel14 oped and updated in consultation with the juve15 nile, the family of the juvenile, and, if appro16 priate, counsel for the juvenile; and 

17 ‘‘(B) the hearing and review processes; and 

18 ‘‘(33) provide that the agency of the State re19 ceiving funds under this Act collaborate with the 

20 State educational agency receiving assistance under 

21 part A of title I of the Elementary and Secondary 

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

23 develop and implement a plan to ensure that, in 

24 order to support educational progress— 


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1 ‘‘(A) the student records of adjudicated ju2 veniles, including electronic records if available, 

3 are transferred in a timely manner from the 

4 educational program in the juvenile detention or 

5 secure treatment facility to the educational or 

6 training program into which the juveniles will 

7 enroll; 

8 ‘‘(B) the credits of adjudicated juveniles 

9 are transferred; and 

10 ‘‘(C) adjudicated juveniles receive full or 

11 partial credit toward high school graduation for 

12 secondary school coursework satisfactorily com13 pleted before and during the period of time dur14 ing which the juveniles are held in custody, re15 gardless of the local educational agency or enti16 ty from which the credits were earned; and 

17 ‘‘(34) provide a description of the use by the 

18 State of funds for reentry and aftercare services for 

19 juveniles released from the juvenile justice system.’’; 

20 (2) in subsection (d)— 

21 (A) by striking ‘‘section 222(d)’’ and in22 serting ‘‘section 222(e)’’; 

23 (B) by striking ‘‘described in paragraphs 

24 (11), (12), (13), and (22) of subsection (a)’’ 


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1 and inserting ‘‘described in the core require2 ments’’; and 

3 (C) by striking ‘‘the requirements under 

4 paragraphs (11), (12), (13), and (22) of sub5 section (a)’’ and inserting ‘‘the core require6 ments’’; 

7 (3) in subsection (f)(2)— 

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

9 (B) by redesignating subparagraphs (B) 

10 through (E) and subparagraphs (A) through 

11 (D); and 

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

13 ‘‘(g) COMPLIANCE DETERMINATION.— 

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

15 after the date of receipt of information indicating 

16 that a State may be out of compliance with any of 

17 the core requirements, the Administrator shall deter18 mine whether the State is in compliance with the 

19 core requirements. 

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

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

22 ‘‘(i) describing any determination de23 scribed in paragraph (1) made during the 

24 previous year, including a summary of the 

25 information on which the determination is 


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1 based and the actions to be taken by the 

2 Administrator (including a description of 

3 any reduction imposed under subsection 

4 (c)); and 

5 ‘‘(ii) for any such determination that 

6 a State is out of compliance with any of 

7 the core requirements, describing the basis 

8 for the determination; and 

9 ‘‘(B) make the report described in sub10 paragraph (A) available on a publicly available 

11 website.’’. 

12 SEC. 206. REALLOCATION OF GRANT FUNDS. 

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

15 amended to read as follows: 

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

17 requirements in any fiscal year— 

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

19 allocated to such State under section 222 for that 

20 fiscal year shall be reduced by not less than 20 per21 cent for each core requirement with respect to which 

22 the failure occurs; and 

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

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


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

2 of the amount allocated to the State for such 

3 fiscal year to achieve compliance with any such 

4 paragraph with respect to which the State is in 

5 noncompliance; or 

6 ‘‘(ii) the Administrator determines that the 

7 State— 

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

10 with respect to which the State was not in 

11 compliance; and 

12 ‘‘(II) has made, through appropriate 

13 executive, administrative, or legislative ac14 tion, an unequivocal commitment to achiev15 ing full compliance with such applicable re16 quirements within a reasonable time. 

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

18 a fiscal year under paragraph (1)— 

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

20 be reallocated under section 222 to States that have 

21 not failed to comply with the core requirements; and 

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

23 be used by the Administrator to provide additional 

24 training and technical assistance to States relating 

25 to compliance with the core requirements.’’. 


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1 SEC. 207. AUTHORITY TO MAKE GRANTS. 

2 Section 241(a) of the Juvenile Justice and Delin3 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

4 amended— 

5 (1) in paragraph (1), by inserting ‘‘status of6 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

7 (2) in paragraph (5), by striking ‘‘juvenile of8 fenders and juveniles’’ and inserting ‘‘status offend9 ers, juvenile offenders, and juveniles’’; 

10 (3) in paragraph (10), by inserting ‘‘, including 

11 juveniles with disabilities’’ before the semicolon; and 

12 (4) in paragraph (17), by inserting ‘‘truancy 

13 prevention and reduction,’’ after ‘‘mentoring,’’. 

14 SEC. 208. ELIGIBILITY OF STATES. 

15 Section 243(a)(1)(A) of the Juvenile Justice and De16 linquency Prevention Act of 1974 (42 U.S.C. 

17 5653(a)(1)(A)) is amended by striking ‘‘5’’ and inserting 

18 ‘‘10’’. 

19 SEC. 209. GRANTS TO INDIAN TRIBES. 

20 (a) IN GENERAL.—Section 246(a)(2) of the Juvenile 

21 Justice and Delinquency Prevention Act of 1974 (42 

22 U.S.C. 5656(a)(2)) is amended— 

23 (1) by striking subparagraph (A); 

24 (2) by redesignating subparagraphs (B) 

25 through (E) as subparagraphs (A) through (D), re26 spectively; and 


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

2 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub3 paragraph (A)’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

5 Section 223(a)(7)(A) of the Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) 

7 is amended by striking ‘‘(including any geographical area 

8 in which an Indian tribe performs law enforcement func9 tions)’’ and inserting ‘‘(including any geographical area of 

10 which an Indian tribe has jurisdiction)’’. 

11 SEC. 210. RESEARCH AND EVALUATION; STATISTICAL 

12 ANALYSES; INFORMATION DISSEMINATION. 

13 Section 251 of the Juvenile Justice and Delinquency 

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

15 (1) in subsection (a)— 

16 (A) in paragraph (1)— 

17 (i) in the matter proceeding subpara18 graph (A), by striking ‘‘may’’ and inserting 

19 ‘‘shall’’; 

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

21 ‘‘plan and identify’’ and inserting ‘‘annu22 ally publish a plan to identify’’; and 

23 (iii) in subparagraph (B)— 

24 (I) by striking clause (iii) and in25 serting the following: 


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

4 criminal justice system;’’; 

5 (II) by striking clause (vii) and 

6 inserting the following: 

7 ‘‘(vii) the prevalence and duration of 

8 behavioral health needs (including mental 

9 health, substance abuse, and co-occurring 

10 disorders) among juveniles pre-placement 

11 and post-placement when held in the cus12 tody of secure detention and corrections fa13 cilities, including an examination of the ef14 fects of confinement;’’; 

15 (III) by redesignating clauses 

16 (ix), (x), and (xi) as clauses (xi), (xii), 

17 and (xiii), respectively; and 

18 (IV) by inserting after clause 

19 (viii) the following: 

20 ‘‘(ix) training efforts and reforms that 

21 have produced reductions in or elimination 

22 of the use of dangerous practices; 

23 ‘‘(x) methods to improve the recruit24 ment, selection, training, and retention of 

25 professional personnel in the fields of medVerDate Sep 11 2014 22:02 Dec 15, 2015 Jkt 059200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6401 E:\BILLS\S1169.RS S1169

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1 icine, law enforcement, the judiciary, juve2 nile justice, social work and child protec3 tion, education, and other relevant fields 

4 who are engaged in, or intend to work in, 

5 the field of prevention, identification, and 

6 treatment of delinquency;’’; and 

7 (B) in paragraph (4)— 

8 (i) in the matter preceding subpara9 graph (A), by striking ‘‘date of enactment 

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

11 of enactment of the Juvenile Justice and 

12 Delinquency Prevention Reauthorization 

13 Act of 2015, the’’; 

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

15 ‘‘and’’ at the end; 

16 (iii) in subparagraph (G), by striking 

17 the period at the end and inserting a semi18 colon; and 

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

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

22 discharge planning; and 

23 ‘‘(I) an assessment of living arrangements 

24 for juveniles who cannot return to the homes of 

25 the juveniles.’’; 


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

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

3 ‘‘shall’’; and 

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

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

8 shall— 

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

11 data on juvenile recidivism on an annual basis; 

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

14 ‘‘(3) make cumulative juvenile recidivism data 

15 that is collected from States available to the pub16 lic.’’. 

17 SEC. 211. TRAINING AND TECHNICAL ASSISTANCE. 

18 Section 252 of the Juvenile Justice and Delinquency 

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

20 (1) in subsection (a)— 

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

22 by striking ‘‘may’’; 

23 (B) in paragraph (1), by inserting ‘‘shall’’ 

24 before ‘‘develop and carry out projects’’; and 


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1 (C) in paragraph (2), by inserting ‘‘may’’ 

2 before ‘‘make grants to and contracts with’’; 

3 (2) in subsection (b)— 

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

5 by striking ‘‘may’’; 

6 (B) in paragraph (1)— 

7 (i) by inserting ‘‘shall’’ before ‘‘de8 velop and implement projects’’; 

9 (ii) by inserting ‘‘, including compli10 ance with the core requirements’’ after 

11 ‘‘this title’’; and 

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

13 (C) in paragraph (2)— 

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

15 grants to and contracts with’’; and 

16 (ii) by striking the period at the end 

17 and inserting ‘‘; and’’; and 

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

19 ‘‘(3) shall, upon request, provide technical as20 sistance to States and units of local government on 

21 achieving compliance with the amendments made by 

22 the Juvenile Justice and Delinquency Prevention Re23 authorization Act of 2015; and 

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

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1 tween a State and a university, institution of higher 

2 education, or research center designed to improve 

3 the recruitment, selection, training, and retention of 

4 professional personnel in the fields of medicine, law 

5 enforcement, the judiciary, juvenile justice, social 

6 work and child protection, education, and other rel7 evant fields who are engaged in, or intend to work 

8 in, the field of prevention, identification, and treat9 ment of delinquency.’’; and 

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

11 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARD12 ING LEGAL REPRESENTATION OF CHILDREN.—In con13 sultation with the American Bar Association (commonly 

14 known as the ‘ABA’) and experts in the field of juvenile 

15 defense, the Administrator shall— 

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

17 attorneys representing children; and 

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

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

20 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

21 LOCAL AND STATE JUVENILE DETENTION AND CORREC22 TIONS PERSONNEL.—The Administrator shall coordinate 

23 training and technical assistance programs with juvenile 

24 detention and corrections personnel of States and units 

25 of local government to— 


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1 ‘‘(1) promote methods for improving conditions 

2 of juvenile confinement, including methods that are 

3 designed to minimize the use of dangerous practices, 

4 unreasonable restraints, and isolation; and 

5 ‘‘(2) encourage alternative behavior manage6 ment techniques based on positive youth develop7 ment approaches. 

8 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO

9 SUPPORT MENTAL HEALTH OR SUBSTANCE ABUSE

10 TREATMENT INCLUDING HOME-BASED OR COMMUNITY11 BASED CARE.—The Administrator shall provide training 

12 and technical assistance, in conjunction with the appro13 priate public agencies, to individuals involved in making 

14 decisions regarding the disposition and management of 

15 cases for youth who enter the juvenile justice system about 

16 the appropriate services and placement for youth with 

17 mental health or substance abuse needs, including— 

18 ‘‘(1) juvenile justice intake personnel; 

19 ‘‘(2) probation officers; 

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

21 personnel; 

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

23 and 

24 ‘‘(5) family members of juveniles and family ad25 vocates. 


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

2 PERSONNEL.—The Attorney General, acting through the 

3 Office of Juvenile Justice and Delinquency Prevention and 

4 the Office of Justice Programs, shall make grants to im5 prove training, education, technical assistance, evaluation, 

6 and research to enhance the capacity of State and local 

7 courts, judges, and related judicial personnel to— 

8 ‘‘(1) improve the lives of children currently in9 volved in or at risk of being involved in the juvenile 

10 court system; and 

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

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

13 FOR INCARCERATED JUVENILES.—The Attorney General, 

14 in consultation with the Secretary of Agriculture, shall 

15 provide guidance to States relating to options for school 

16 food authorities in the States to apply for reimbursement 

17 for free or reduced price lunches under the Richard B. 

18 Russell National School Lunch Act (42 U.S.C. 1751 et 

19 seq.) for juveniles who are incarcerated and would, if not 

20 incarcerated, be eligible for free or reduced price lunches 

21 under that Act.’’. 

22 SEC. 212. ADMINISTRATIVE AUTHORITY. 

23 Section 299A(e) of the Juvenile Justice and Delin24 quency Prevention Act of 1974 (42 U.S.C. 5672(e)) is 

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1 graphs (11), (12), and (13) of section 223(a)’’ and insert2 ing ‘‘core requirements’’. 

3 SEC. 213. TECHNICAL AND CONFORMING AMENDMENTS. 

4 The Juvenile Justice and Delinquency Prevention Act 

5 of 1974 (42 U.S.C. 5601 et seq.) is amended— 

6 (1) in section 204(b)(6) (42 U.S.C. 

7 5614(b)(6)), by striking ‘‘section 223(a)(15)’’ and 

8 inserting ‘‘section 223(a)(14)’’; 

9 (2) in subparagraph (C) of section 246(a)(2) 

10 (42 U.S.C. 5656(a)(2)), as redesignated by section 

11 208, by striking ‘‘section 222(c)’’ and inserting ‘‘sec12 tion 222(d)’’; and 

13 (3) in section 299D(b) (42 U.S.C. 5675(b)), by 

14 striking ‘‘section 222(c)’’ and inserting ‘‘section 

15 222(d)’’. 

16 TITLE III—INCENTIVE GRANTS 

17 FOR LOCAL DELINQUENCY 

18 PREVENTION PROGRAMS 

19 SEC. 301. DEFINITIONS. 

20 Section 502 of the Incentive Grants for Local Delin21 quency Prevention Programs Act of 2002 (42 U.S.C. 

22 5781) is amended— 

23 (1) in the section heading, by striking ‘‘DEFINI24 TION’’ and inserting ‘‘DEFINITIONS’’; and 


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1 (2) by striking ‘‘this title, the term’’ and insert2 ing the following: ‘‘this title— 

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

4 adult with 1 or more youths (not to exceed 4 youths) 

5 for the purpose of providing guidance, support, and 

6 encouragement aimed at developing the character of 

7 the youths, where the adult and youths meet regu8 larly for not less than 4 hours each month for not 

9 less than a 9-month period; and 

10 ‘‘(2) the term’’. 

11 SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PRO12 GRAMS. 

13 Section 504(a) of the Incentive Grants for Local De14 linquency Prevention Programs Act of 2002 (42 U.S.C. 

15 5783(a)) is amended— 

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

17 end; 

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

19 the end and inserting ‘‘; and’’; and 

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

21 ‘‘(9) mentoring programs.’’. 

22 SEC. 303. TECHNICAL AND CONFORMING AMENDMENT. 

23 The Juvenile Justice and Delinquency Prevention Act 

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

25 Juvenile Justice and Delinquency Prevention Act of 1974 


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1 (Public Law 93–415; 88 Stat. 1133) (relating to miscella2 neous and conforming amendments). 

3 TITLE IV—MISCELLANEOUS 

4 PROVISIONS 

5 SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY 

6 OFFICE. 

7 (a) EVALUATION.—Not later than October 1, 2015, 

8 the Comptroller General of the United States shall— 

9 (1) conduct a comprehensive analysis and eval10 uation regarding the performance of the Office of 

11 Juvenile Justice Delinquency and Prevention (re12 ferred to in this section as ‘‘the agency’’), its func13 tions, its programs, and its grants; 

14 (2) conduct a comprehensive audit and evalua15 tion of a selected, statistically significant sample of 

16 grantees (as determined by the Comptroller General) 

17 that receive Federal funds under grant programs ad18 ministered by the Office of Juvenile Justice Delin19 quency and Prevention including a review of internal 

20 controls to prevent fraud, waste, and abuse of funds 

21 by grantees; and 

22 (3) submit a report in accordance with sub23 section (d). 

24 (b) CONSIDERATIONS FOR EVALUATION.—In con25 ducting the analysis and evaluation under subsection 


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

2 benefit of the Juvenile Justice and Delinquency Preven3 tion Act of 1974 (42 U.S.C. 5601 et seq.), excluding the 

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

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

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

7 into consideration— 

8 (1) the extent to which the jurisdiction of, and 

9 the programs administered by, the agency duplicate 

10 or conflict with the jurisdiction and programs of 

11 other agencies; 

12 (2) the potential benefits of consolidating pro13 grams administered by the agency with similar or 

14 duplicative programs of other agencies, and the po15 tential for consolidating those programs; 

16 (3) whether present functions or operations are 

17 impeded or enhanced by existing statutes, rules, and 

18 procedures; 

19 (4) the number and types of beneficiaries or 

20 persons served by programs carried out by the agen21 cy; 

22 (5) the manner with which the agency seeks 

23 public input and input from State and local govern24 ments on the performance of the functions of the 

25 agency; 


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1 (6) the extent to which the agency complies 

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

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

6 and 

7 (8) the extent to which changes are necessary 

8 in the authorizing statutes of the agency in order for 

9 the functions of the agency to be performed in a 

10 more efficient and effective manner. 

11 (c) CONSIDERATIONS FOR AUDITS.—In conducting 

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

13 order to document the efficiency and public benefit of the 

14 Juvenile Justice and Delinquency Prevention Act of 1974 

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

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

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

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

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

22 (2) whether grantees have sufficient internal 

23 controls to ensure adequate oversight of grant fund 

24 received; 


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1 (3) whether disbursements were accompanied 

2 with adequate supporting documentation (including 

3 invoices and receipts); 

4 (4) whether expenditures were authorized; 

5 (5) whether subrecipients of grant funds were 

6 complying with program requirements; 

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

9 (7) whether contracts were bid in accordance 

10 with program guidelines; and 

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

13 (d) REPORT.— 

14 (1) IN GENERAL.—The Comptroller General of 

15 the United States shall submit a report regarding 

16 the evaluation conducted under subsection (a) and 

17 audit under subsection (b), together with supporting 

18 materials, to the Speaker of the House of Represent19 atives and the President pro tempore of the Senate, 

20 and be made available to the public, not later than 

21 October 1, 2011. 

22 (2) CONTENTS.—The report submitted in ac23 cordance with paragraph (1) shall include all audit 

24 findings determined by the selected, statistically sig25 nificant sample of grantees as required by subsection 


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

2 any selected grantee as well as any findings required 

3 by subsection (a)(2). 

4 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—The Juvenile Justice and Delin6 quency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) 

7 is amended by adding at the end the following: 

8 ‘‘TITLE VI—AUTHORIZATION OF 

9 APPROPRIATIONS; ACCOUNT10 ABILITY AND OVERSIGHT 

11 ‘‘SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) IN GENERAL.—There are authorized to be ap13 propriated to carry out this Act— 

14 ‘‘(1) $159,000,000 for fiscal year 2016; 

15 ‘‘(2) $162,180,000 for fiscal year 2017; 

16 ‘‘(3) $165,423,600 for fiscal year 2018; 

17 ‘‘(4) $168,732,072 for fiscal year 2019; and 

18 ‘‘(5) $172,106,713 for fiscal year 2020. 

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

20 percent of the amount authorized to be appropriated 

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

22 mentoring programs.’’. 

23 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 The Juvenile Justice and Delinquency Prevention Act of 

25 1974 is amended by striking— 


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

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

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

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

5 SEC. 403. ACCOUNTABILITY AND OVERSIGHT. 

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

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

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

9 ‘‘SEC. 602. ACCOUNTABILITY AND OVERSIGHT. 

10 ‘‘(a) SENSE OF CONGRESS.—It is the sense of Con11 gress that, in order to ensure that at-risk youth who come 

12 into contact with the criminal justice system are treated 

13 fairly and the outcome of that contact is beneficial to the 

14 Nation— 

15 ‘‘(1) the Department of Justice, through its Of16 fice of Juvenile Justice and Delinquency Prevention, 

17 must restore meaningful enforcement of the core 

18 protections in this Act; 

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

20 than 90 days after the date of enactment of this 

21 Act, issue a proposed rule to update existing Federal 

22 regulations used to make State compliance deter23 minations and provide participating States with 

24 technical assistance to develop more effective and 

25 comprehensive data collection systems; and 


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

2 stewardship role if they accept funds under this Act, 

3 must exercise vigilant oversight to ensure full com4 pliance with the core protections for juveniles pro5 vided for in this Act. 

6 ‘‘(b) ACCOUNTABILITY.— 

7 ‘‘(1) AGENCY PROGRAM REVIEW.— 

8 ‘‘(A) IN GENERAL.—Not less often than 

9 once every 2 years, the Administrator shall con10 duct, for each State and Indian tribe receiving 

11 a grant under this Act, a programmatic and fi12 nancial review of all grants awarded to the 

13 State or Indian tribe under this Act in order to 

14 prevent waste, fraud, and abuse by grantees. 

15 ‘‘(B) CONTENTS.—Each review under sub16 paragraph (A) shall, at a minimum, examine— 

17 ‘‘(i) whether the funds awarded were 

18 used in accordance with the law, program 

19 guidance, and any applicable plans; and 

20 ‘‘(ii) the extent to which funds award21 ed under this Act enhanced the ability of 

22 the grantee to improve its juvenile justice 

23 system and juvenile justice delinquency 

24 prevention programs. 


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1 ‘‘(C) AUTHORIZATION OF APPROPRIA2 TIONS.—In addition to any other amounts au3 thorized to be appropriated to the Adminis4 trator, there are authorized to be appropriated 

5 to the Administrator for reviews under this 

6 paragraph such sums as are necessary for fiscal 

7 year 2016 and each fiscal year thereafter. 

8 ‘‘(2) OFFICE OF INSPECTOR GENERAL PER9 FORMANCE AUDITS.— 

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

11 effective and appropriate use of grants adminis12 tered under this Act, the Inspector General of 

13 the Department of Justice each year shall con14 duct audits of a sample of States and Indian 

15 tribes that receive grants under this Act. 

16 ‘‘(B) DETERMINING SAMPLES.—The sam17 ple selected for audits under subparagraph (A) 

18 shall be— 

19 ‘‘(i) of an appropriate size to— 

20 ‘‘(I) assess the overall integrity 

21 of the grant programs described in 

22 subparagraph (A); and 

23 ‘‘(II) act as a deterrent to finan24 cial mismanagement; and 

25 ‘‘(ii) selected based on— 


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1 ‘‘(I) the size of the grants award2 ed to the recipient; 

3 ‘‘(II) the past grant management 

4 performance of the recipient; 

5 ‘‘(III) concerns identified by the 

6 Administrator, including referrals 

7 from the Administrator; and 

8 ‘‘(IV) such other factors as deter9 mined by the Inspector General of the 

10 Department of Justice. 

11 ‘‘(C) COMPREHENSIVE AUDITING.—During 

12 the 5-year period beginning on the date of en13 actment of this section, the Inspector General 

14 of the Department of Justice shall conduct not 

15 fewer than 1 audit of each State or Indian tribe 

16 that receives a grant under this Act. 

17 ‘‘(D) REPORT BY THE INSPECTOR GEN18 ERAL.— 

19 ‘‘(i) IN GENERAL.—The Inspector 

20 General of the Department of Justice shall 

21 submit to the appropriate committees of 

22 Congress— 

23 ‘‘(I) not later than 90 days after 

24 the date of enactment of this section, 

25 a report on the estimated amount of 


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1 grant funds disbursed by the Office of 

2 Juvenile Justice and Delinquency Pre3 vention since fiscal year 1997 that did 

4 not meet the requirements for awards 

5 of formula grants to States under this 

6 Act; and 

7 ‘‘(II) an annual report on every 

8 audit conducted under this section 

9 during the fiscal year preceding the 

10 report. 

11 ‘‘(ii) CONTENTS.—Each report sub12 mitted under clause (i)(II) shall describe, 

13 for the fiscal year preceding the report— 

14 ‘‘(I) the audits conducted under 

15 subparagraph (A); 

16 ‘‘(II) the findings of the Inspec17 tor General with respect to the audits 

18 conducted under subparagraph (A); 

19 ‘‘(III) whether the funds awarded 

20 under this Act were used in accord21 ance with law, program guidance, and 

22 applicable plans; and 

23 ‘‘(IV) the extent to which funds 

24 awarded under this Act enhanced the 

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1 venile justice system and juvenile jus2 tice programs. 

3 ‘‘(iii) DEADLINE.—For each year, the 

4 report required under clause (i)(II) shall 

5 be submitted not later than December 31. 

6 ‘‘(E) PUBLIC AVAILABILITY ON

7 WEBSITE.—The Inspector General of the De8 partment of Justice shall make each audit con9 ducted under subparagraph (A) available on the 

10 website of the Inspector General, subject to re11 daction as the Inspector General determines 

12 necessary to protect classified and other sen13 sitive information. 

14 ‘‘(F) PROVISION OF INFORMATION TO AD15 MINISTRATOR.—The Inspector General of the 

16 Department of Justice shall provide to the Ad17 ministrator any findings and recommendations 

18 from audits conducted under subparagraph (A). 

19 ‘‘(G) EVALUATION OF GRANTS MANAGE20 MENT AND OVERSIGHT.—Not later than 1 year 

21 after the date of enactment of this section, the 

22 Inspector General of the Department of Justice 

23 shall review and evaluate the grants manage24 ment and oversight practices of the Office of 

25 Juvenile Justice and Delinquency Prevention, 


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1 including assessment of and recommendations 

2 relating to— 

3 ‘‘(i) the skills, resources, and capabili4 ties of the workforce; and 

5 ‘‘(ii) any additional resources and 

6 staff necessary to carry out such manage7 ment and oversight. 

8 ‘‘(H) AUTHORIZATION OF APPROPRIA9 TIONS.—In addition to any other amounts au10 thorized to be appropriated to the Inspector 

11 General of the Department of Justice, there are 

12 authorized to be appropriated to the Inspector 

13 General of the Department of Justice for audits 

14 under subparagraph (A) such sums as are nec15 essary for fiscal year 2016, and each fiscal year 

16 thereafter. 

17 ‘‘(I) MANDATORY EXCLUSION.—A recipient 

18 of grant funds under this Act that is found to 

19 have an unresolved audit finding shall not be el20 igible to receive grant funds under this Act dur21 ing the first 2 fiscal years beginning after the 

22 12-month period beginning on the date on 

23 which the audit report is issued. 

24 ‘‘(J) PRIORITY.—In awarding grants 

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1 ority to a State or Indian tribe that did not 

2 have an unresolved audit finding during the 3 

3 fiscal years prior to the date on which the eligi4 ble entity submits an application for a grant 

5 under this Act. 

6 ‘‘(K) REIMBURSEMENT.—If a State or In7 dian tribe is awarded grant funds under this 

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

9 entity is barred from receiving grants under 

10 subparagraph (I), the Attorney General shall— 

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

12 amount of the grant funds that were im13 properly awarded to the grantee into the 

14 General Fund of the Treasury; and 

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

16 repayment to the General Fund under 

17 clause (i) from the grantee that was erro18 neously awarded grant funds. 

19 ‘‘(L) DEFINITION.—In this paragraph, the 

20 term ‘unresolved audit finding’means a finding 

21 in the final audit report of the Inspector Gen22 eral— 

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

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1 thorized expenditure or otherwise unallow2 able cost; and 

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

4 during the 12-month period beginning on 

5 the date on which the final audit report is 

6 issued. 

7 ‘‘(3) NONPROFIT ORGANIZATION REQUIRE8 MENTS.— 

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

10 paragraph and the grant programs described in 

11 this Act, the term ‘nonprofit organization’ 

12 means an organization that is described in sec13 tion 501(c)(3) of the Internal Revenue Code of 

14 1986 and is exempt from taxation under section 

15 501(a) of such Code. 

16 ‘‘(B) PROHIBITION.—The Administrator 

17 may not award a grant under any grant pro18 gram described in this Act to a nonprofit orga19 nization that holds money in offshore accounts 

20 for the purpose of avoiding paying the tax de21 scribed in section 511(a) of the Internal Rev22 enue Code of 1986. 

23 ‘‘(C) DISCLOSURE.— 

24 ‘‘(i) IN GENERAL.—Each nonprofit or25 ganization that is awarded a grant under 


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1 a grant program described in this Act and 

2 uses the procedures prescribed in regula3 tions to create a rebuttable presumption of 

4 reasonableness for the compensation of its 

5 officers, directors, trustees, and key em6 ployees, shall disclose to the Administrator, 

7 in the application for the grant, the proc8 ess for determining such compensation, in9 cluding— 

10 ‘‘(I) the independent persons in11 volved in reviewing and approving 

12 such compensation; 

13 ‘‘(II) the comparability data 

14 used; and 

15 ‘‘(III) contemporaneous substan16 tiation of the deliberation and deci17 sion. 

18 ‘‘(ii) PUBLIC INSPECTION UPON RE19 QUEST.—Upon request, the Administrator 

20 shall make the information disclosed under 

21 clause (i) available for public inspection. 

22 ‘‘(4) CONFERENCE EXPENDITURES.— 

23 ‘‘(A) LIMITATION.—No amounts author24 ized to be appropriated to the Department of 

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1 torney General, or by any individual or organi2 zation awarded discretionary funds through a 

3 cooperative agreement under this Act, to host 

4 or support any expenditure for conferences that 

5 uses more than $20,000 in funds made avail6 able to the Department of Justice, unless the 

7 Deputy Attorney General or such Assistant At8 torney Generals, Directors, or principal deputies 

9 as the Deputy Attorney General may designate, 

10 provides prior written authorization that the 

11 funds may be expended to host a conference. 

12 ‘‘(B) WRITTEN APPROVAL.—Written ap13 proval under subparagraph (A) shall include a 

14 written estimate of all costs associated with the 

15 conference, including the cost of all food and 

16 beverages, audiovisual equipment, honoraria for 

17 speakers, and entertainment. 

18 ‘‘(C) REPORT.—The Deputy Attorney Gen19 eral shall submit an annual report to the Com20 mittee on the Judiciary of the Senate and the 

21 Committee on the Judiciary of the House of 

22 Representatives on all conference expenditures 

23 approved under this paragraph. 

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


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

2 to be appropriated under this Act may not be 

3 utilized by any recipient of a grant made using 

4 such amounts to— 

5 ‘‘(i) lobby any representative of the 

6 Department of Justice regarding the 

7 award of grant funding; or 

8 ‘‘(ii) lobby any representative of a 

9 Federal, State, local, or tribal government 

10 regarding the award of grant funding. 

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

12 determines that any recipient of a grant made 

13 using amounts authorized to be appropriated 

14 under this Act has violated subparagraph (A), 

15 the Attorney General shall— 

16 ‘‘(i) require the grant recipient to 

17 repay the grant in full; and 

18 ‘‘(ii) prohibit the grant recipient from 

19 receiving another grant under this Act for 

20 not less than 5 years. 

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

22 the first fiscal year beginning after the date of en23 actment of this section, the Attorney General shall 

24 submit, to the Committee on the Judiciary and the 

25 Committee on Appropriations of the Senate and the 


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1 Committee on the Judiciary and the Committee on 

2 Appropriations of the House of Representatives, an 

3 annual certification that— 

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

5 Inspector General of the Department of Justice 

6 under paragraph (2) have been completed and 

7 reviewed by the appropriate Assistant Attorney 

8 General or Director; 

9 ‘‘(B) all mandatory exclusions required 

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

11 ‘‘(C) all reimbursements required under 

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

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

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

15 preceding fiscal year.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

18 Delinquency Prevention Act of 1974 is amended by 

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

20 (2) EFFECTIVE DATE.—The amendment made 

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

22 of the first fiscal year beginning after the date of en23 actment of this Act. 

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

25 that is barred from receiving grant funds under 


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1 paragraph (2) or (7)(B)(ii) of section 407 of the Ju2 venile Justice and Delinquency Prevention Act of 

3 1974 (42 U.S.C. 5776a), the amendment made by 

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

5 applicability to the entity, or to the Attorney Gen6 eral with respect to the entity, of paragraph (2), (3), 

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

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

9 subsection. 

10 TITLE V—JUVENILE ACCOUNT11 ABILITY BLOCK GRANTS 

12 SEC. 501. GRANT ELIGIBILITY. 

13 Section 1802(a) of title I of the Omnibus Crime Con14 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ee– 

15 2(a)) is amended— 

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

17 end; 

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

19 the end and inserting ‘‘; and’’; and 

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

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

22 with the core requirements, as defined in section 103 

23 of the Juvenile Justice and Delinquency Prevention 

24 Act of 1974 (42 U.S.C. 5603), applicable to the de25 tention and confinement of juveniles.’’. 


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1 SECTION 1. SHORT TITLE. 

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

3 Delinquency Prevention Reauthorization Act of 2015’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—DECLARATION OF PURPOSE AND DEFINITIONS 

Sec. 101. Purposes. 

Sec. 102. Definitions. 

TITLE II—JUVENILE JUSTICE AND DELINQUENCY PREVENTION 

Sec. 201. Concentration of Federal efforts. 

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

Sec. 203. Annual report. 

Sec. 204. Allocation of funds. 

Sec. 205. State plans. 

Sec. 206. Reallocation of grant funds. 

Sec. 207. Authority to make grants. 

Sec. 208. Eligibility of States. 

Sec. 209. Grants to Indian tribes. 

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

Sec. 211. Training and technical assistance. 

Sec. 212. Administrative authority. 

TITLE III—INCENTIVE GRANTS FOR LOCAL DELINQUENCY 

PREVENTION PROGRAMS 

Sec. 301. Definitions. 

Sec. 302. Grants for delinquency prevention programs. 

Sec. 303. Technical and conforming amendment. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Evaluation by Government Accountability Office. 

Sec. 402. Authorization of appropriations. 

Sec. 403. Accountability and oversight. 

TITLE V—JUVENILE ACCOUNTABILITY BLOCK GRANTS 

Sec. 501. Grant eligibility. 


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1 TITLE I—DECLARATION OF 

2 PURPOSE AND DEFINITIONS 

3 SEC. 101. PURPOSES. 

4 Section 102 of the Juvenile Justice and Delinquency 

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

6 (1) in paragraph (2), by striking ‘‘and’’ at the 

7 end; 

8 (2) by amending paragraph (3) to read as fol9 lows: 

10 ‘‘(3) to assist State and local governments in ad11 dressing juvenile crime through the provision of tech12 nical assistance, research, training, evaluation, and 

13 the dissemination of current and relevant information 

14 on effective and evidence-based programs and prac15 tices for combating juvenile delinquency; and’’; and 

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

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

18 promising programs (including delinquency preven19 tion, intervention, mental health and substance abuse 

20 treatment, family services, and services for children 

21 exposed to violence) that are trauma informed, reflect 

22 the science of adolescent development, and are de23 signed to meet the needs of at-risk youth and youth 

24 who come into contact with the justice system.’’. 


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1 SEC. 102. DEFINITIONS. 

2 Section 103 of the Juvenile Justice and Delinquency 

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

4 (1) in paragraph (8), by amending subpara5 graph (C) to read as follows: 

6 ‘‘(C) an Indian tribe; or’’; 

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

9 ‘‘(18) the term ‘Indian tribe’ has the meaning 

10 given that term in section 102 of the Federally Recog11 nized Indian Tribe List Act of 1994 (25 U.S.C. 

12 479a);’’; 

13 (3) by amending paragraph (22) to read as fol14 lows: 

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

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

17 government, or law enforcement authority to detain 

18 or confine adult inmates;’’; 

19 (4) by amending paragraph (25) to read as fol20 lows: 

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

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

23 not brief and inadvertent;’’; 

24 (5) by amending paragraph (26) to read as fol25 lows: 

26 ‘‘(26) the term ‘adult inmate’— 


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1 ‘‘(A) means an individual who— 

2 ‘‘(i) has reached the age of full crimi3 nal responsibility under applicable State 

4 law; and 

5 ‘‘(ii) has been arrested and is in cus6 tody for or awaiting trial on a criminal 

7 charge, or is convicted of a criminal offense; 

8 and 

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

10 ‘‘(i) at the time of the time of the of11 fense, was younger than the maximum age 

12 at which a youth can be held in a juvenile 

13 facility under applicable State law; and 

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

15 custody or supervision, including post16 placement or parole supervision, of a juve17 nile correctional agency by a court of com18 petent jurisdiction or by operation of appli19 cable State law;’’; 

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

21 end; 

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

23 the end and inserting a semicolon; and 

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

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


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1 ‘‘(A) means the requirements described in 

2 paragraphs (11), (12), (13), (14), and (15) of 

3 section 223(a); and 

4 ‘‘(B) does not include the data collection re5 quirements described in subparagraphs (A) 

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

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

8 or injection used to temporarily incapacitate a per9 son, including oleoresin capsicum spray, tear gas, 

10 and 2-chlorobenzalmalononitrile gas; 

11 ‘‘(32) the term ‘isolation’— 

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

13 is confined alone for more than 15 minutes in a 

14 room or cell; and 

15 ‘‘(B) does not include— 

16 ‘‘(i) confinement during regularly 

17 scheduled sleeping hours; 

18 ‘‘(ii) separation based on a treatment 

19 program approved by a licensed medical or 

20 mental health professional; 

21 ‘‘(iii) confinement or separation that is 

22 requested by the youth; or 

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

24 a group in a nonlocked setting for the lim25 ited purpose of calming; 


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

2 that term in section 591 of the Public Health Service 

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

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

5 or practice that— 

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

7 implemented with fidelity; 

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

9 empirically supported theory; 

10 ‘‘(C) has measurable outcomes relevant to 

11 juvenile justice, including a detailed description 

12 of the outcomes produced in a particular popu13 lation, whether urban or rural; and 

14 ‘‘(D) has been scientifically tested and prov15 en effective through randomized control studies 

16 or comparison group studies and with the ability 

17 to replicate and scale; 

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

19 practice that— 

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

21 positive outcomes relevant to juvenile justice 

22 from 1 or more objective, independent, and sci23 entifically valid evaluations, as documented in 

24 writing to the Administrator; and 


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1 ‘‘(B) will be evaluated through a well-de2 signed and rigorous study, as described in para3 graph (34)(D); 

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

5 act, procedure, or program that creates an unreason6 able risk of physical injury, pain, or psychological 

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

8 program; 

9 ‘‘(37) the term ‘screening’ means a brief proc10 ess— 

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

12 have mental health, behavioral health, substance 

13 abuse, or other needs requiring immediate atten14 tion, intervention, and further evaluation; and 

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

16 identify a youth with possible mental health, be17 havioral health, substance abuse, or other needs 

18 in need of further assessment; 

19 ‘‘(38) the term ‘assessment’ includes, at a min20 imum, an interview and review of available records 

21 and other pertinent information— 

22 ‘‘(A) by an appropriately trained profes23 sional in the mental health, behavioral health, or 

24 substance abuse fields; and 


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1 ‘‘(B) which is designed to identify signifi2 cant mental health, behavioral health, or sub3 stance abuse treatment needs to be addressed 

4 during a youth’s confinement; 

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

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

7 juvenile justice system or criminal justice system offi8 cially intersect, including interactions with a juvenile 

9 justice, juvenile court, or law enforcement official; 

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

11 ‘‘(A) understanding the impact that expo12 sure to violence and trauma have on a youth’s 

13 physical, psychological, and psychosocial devel14 opment; 

15 ‘‘(B) recognizing when a youth has been ex16 posed to violence and trauma and is in need of 

17 help to recover from the adverse impacts of trau18 ma; and 

19 ‘‘(C) responding in ways that resist re20 traumatization; 

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

22 means minority youth populations are involved at a 

23 decision point in the juvenile justice system at higher 

24 rates, incrementally or cumulatively, than non-mi25 nority youth at that decision point; 


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

2 who is charged with or who has committed an offense 

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

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

5 located in a metropolitan statistical area, as defined 

6 by the Office of Management and Budget; and 

7 ‘‘(44) the term ‘internal controls’ means a proc8 ess implemented to provide reasonable assurance re9 garding the achievement of objectives in— 

10 ‘‘(A) effectiveness and efficiency of oper11 ations, such as grant management practices; 

12 ‘‘(B) reliability of reporting for internal 

13 and external use; and 

14 ‘‘(C) compliance with applicable laws and 

15 regulations, as well as recommendations of the 

16 Office of Inspector General and the Government 

17 Accountability Office.’’. 

18 TITLE II—JUVENILE JUSTICE 

19 AND DELINQUENCY PREVEN20 TION 

21 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

22 Section 204 of the Juvenile Justice and Delinquency 

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

24 (1) in subsection (a)— 


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1 (A) in paragraph (1), in the first sen2 tence— 

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

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

5 long-term plan to improve the juvenile jus6 tice system in the United States, taking into 

7 account scientific knowledge regarding ado8 lescent development and behavior and re9 garding the effects of delinquency prevention 

10 programs and juvenile justice interventions 

11 on adolescents, and shall implement’’; and 

12 (ii) by striking ‘‘research, and im13 provement of the juvenile justice system in 

14 the United States’’ and inserting ‘‘and re15 search’’; and 

16 (B) in paragraph (2)(B), by striking ‘‘Fed17 eral Register’’ and all that follows and inserting 

18 ‘‘Federal Register during the 30-day period end19 ing on October 1 of each year.’’; and 

20 (2) in subsection (b)— 

21 (A) in paragraph (5), by adding ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (6)— 

24 (i) by striking ‘‘monitoring’’; 


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

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

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

5 ‘‘for monitoring compliance.’’; and 

6 (C) by striking paragraph (7). 

7 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

8 AND DELINQUENCY PREVENTION. 

9 Section 206 of the Juvenile Justice and Delinquency 

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

11 (1) in subsection (a) 

12 (A) in paragraph (1)— 

13 (i) by inserting ‘‘the Administrator of 

14 the Substance Abuse and Mental Health 

15 Services Administration, the Secretary of 

16 the Interior,’’ after ‘‘the Secretary of Health 

17 and Human Services,’’; and 

18 (ii) by striking ‘‘Commissioner of Im19 migration and Naturalization’’ and insert20 ing ‘‘Assistant Secretary for Immigration 

21 and Customs Enforcement’’; and 

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

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

24 and 

25 (2) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘para2 graphs (12)(A), (13), and (14) of section 223(a) 

3 of this title’’ and inserting ‘‘the core require4 ments’’; and 

5 (B) in paragraph (2)— 

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

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

9 (ii) by striking subparagraph (B) and 

10 inserting the following: 

11 ‘‘(B) not later than 120 days after the com12 pletion of the last meeting of the Council during 

13 any fiscal year, submit to the Committee on 

14 Education and the Workforce of the House of 

15 Representatives and the Committee on the Judi16 ciary of the Senate a report that— 

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

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

20 activities conducted by the Council during 

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

23 the Council to conduct operations in accord24 ance with this section; 


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

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

4 ‘‘(iv) is in addition to the annual re5 port required under section 207.’’. 

6 SEC. 203. ANNUAL REPORT. 

7 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

11 year’’; 

12 (2) in paragraph (1)— 

13 (A) in subparagraph (B), by inserting ‘‘, 

14 ethnicity, as such term is defined by the Bureau 

15 of the Census,’’ after ‘‘gender’’; 

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

17 at the end; 

18 (C) in subparagraph (F)— 

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

20 ‘‘disabilities,’’; 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 ‘‘(G) a summary of data from 1 month of 

25 the applicable fiscal year of the use of restraints 


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1 and isolation upon juveniles held in the custody 

2 of secure detention and correctional facilities op3 erated by a State or unit of local government; 

4 ‘‘(H) the number of status offense cases peti5 tioned to court, number of status offenders held 

6 in secure detention, the findings used to justify 

7 the use of secure detention, and the average pe8 riod of time a status offender was held in secure 

9 detention; 

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

11 custody and the type of living arrangement to 

12 which they are released; 

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

14 originated on school grounds, during school-spon15 sored off-campus activities, or due to a referral 

16 by a school official, as collected and reported by 

17 the Department of Education or similar State 

18 educational agency; and 

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

20 of secure detention and correctional facilities op21 erated by a State or unit of local government 

22 who report being pregnant.’’; and 

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

24 ‘‘(5) A description of the criteria used to deter25 mine what programs qualify as evidence-based and 


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1 promising programs under this title and title V and 

2 a comprehensive list of those programs the Adminis3 trator has determined meet such criteria in both rural 

4 and urban areas. 

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

6 tribes under this Act or for a juvenile delinquency or 

7 prevention program under the Tribal Law and Order 

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

9 including direct Federal grants and funding provided 

10 to Indian tribes through a State or unit of local gov11 ernment. 

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

13 controls at the Office of Juvenile Justice and Delin14 quency Prevention to determine if grantees are fol15 lowing the requirements of the Office of Juvenile Jus16 tice and Delinquency Prevention grant programs and 

17 what remedial action the Office of Juvenile Justice 

18 and Delinquency Prevention has taken to recover any 

19 grant funds that are expended in violation of the 

20 grant programs, including instances— 

21 ‘‘(A) in which supporting documentation 

22 was not provided for cost reports; 

23 ‘‘(B) where unauthorized expenditures oc24 curred; or 


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1 ‘‘(C) where subrecipients of grant funds 

2 were not compliant with program requirements. 

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

4 amount of payments made to grantees that the Office 

5 of Juvenile Justice and Delinquency Prevention re6 couped from grantees that were found to be in viola7 tion of policies and procedures of the Office of Juve8 nile Justice and Delinquency Prevention grant pro9 grams, including— 

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

11 grantee; 

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

13 ‘‘(C) the amount of funds sought to be re14 couped by the Office of Juvenile Justice and De15 linquency Prevention; and 

16 ‘‘(D) the actual amount recouped by the Of17 fice of Juvenile Justice and Delinquency Preven18 tion.’’. 

19 SEC. 204. ALLOCATION OF FUNDS. 

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

21 Juvenile Justice and Delinquency Prevention Act of 1974 

22 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 percent’’ 

23 and inserting ‘‘5 percent’’. 


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

3 U.S.C. 5632) is amended— 

4 (1) in subsection (a)— 

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

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

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

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

10 inserting the following: 

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

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

13 $75,000,000, then— 

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

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

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

17 and 

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

19 States Virgin Islands, Guam, American Samoa, 

20 and the Commonwealth of the Northern Mariana 

21 Islands for that fiscal year shall be not less than 

22 $75,000. 

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

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

25 $75,000,000, then— 


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

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

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

4 and 

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

6 States Virgin Islands, Guam, American Samoa, 

7 and the Commonwealth of the Northern Mariana 

8 Islands for that fiscal year shall be not less than 

9 $100,000.’’; 

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

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

13 and efficient administration of funds, including the 

14 designation of not less than 1 individual who shall co15 ordinate efforts to achieve and sustain compliance 

16 with the core requirements and certify whether the 

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

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

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

20 percent of the’’. 

21 SEC. 205. STATE PLANS. 

22 Section 223 of the Juvenile Justice and Delinquency 

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

24 (1) in subsection (a)— 


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

2 by striking ‘‘and shall describe the status of com3 pliance with State plan requirements.’’ and in4 serting ‘‘and shall describe how the State plan is 

5 supported by or takes account of scientific knowl6 edge regarding adolescent development and be7 havior and regarding the effects of delinquency 

8 prevention programs and juvenile justice inter9 ventions on adolescents. Not later than 60 days 

10 after the date on which a plan or amended plan 

11 submitted under this subsection is finalized, a 

12 State shall make the plan or amended plan pub13 licly available by posting the plan or amended 

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

15 (B) in paragraph (3)— 

16 (i) in subparagraph (A)— 

17 (I) in clause (i), by inserting ‘‘ad18 olescent development,’’ after ‘‘con19 cerning’’; 

20 (II) in clause (ii)— 

21 (aa) in subclause (II), by 

22 striking ‘‘counsel for children and 

23 youth’’ and inserting ‘‘publicly 

24 supported court-appointed legal 

25 counsel for juveniles charged with 


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1 an act of juvenile delinquency or 

2 a status offense, consistent with 

3 other Federal law’’; 

4 (bb) in subclause (III), by 

5 striking ‘‘mental health, edu6 cation, special education’’ and in7 serting ‘‘child and adolescent 

8 mental health, education, child 

9 and adolescent substance abuse, 

10 special education, services for 

11 youth with disabilities’’; 

12 (cc) in subclause (V), by 

13 striking ‘‘delinquents or potential 

14 delinquents’’ and inserting ‘‘delin15 quent youth or youth at risk of 

16 delinquency’’; 

17 (dd) in subclause (VI), by 

18 striking ‘‘youth workers involved 

19 with’’ and inserting ‘‘representa20 tives of’’; 

21 (ee) in subclause (VII), by 

22 striking ‘‘and’’ at the end; 

23 (ff) by striking subclause 

24 (VIII) and inserting the following: 


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1 ‘‘(VIII) persons with expertise and 

2 competence in preventing and address3 ing mental health and substance abuse 

4 needs in juvenile delinquents and those 

5 at-risk of delinquency; and 

6 ‘‘(IX) representatives of victim or 

7 witness advocacy groups, including at 

8 least 1 individual with expertise in ad9 dressing the challenges of sexual abuse 

10 and exploitation and trauma;’’; 

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

12 ‘‘24 at the time of appointment’’ and 

13 inserting ‘‘28 at the time of initial ap14 pointment’’; and 

15 (IV) in clause (v) by inserting 

16 ‘‘or, if not feasible and in appropriate 

17 circumstances, who is the parent or 

18 guardian of someone who has been or 

19 is currently under the jurisdiction of 

20 the juvenile justice system’’ after ‘‘juve21 nile justice system’’; 

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

23 ‘‘30 days’’ and inserting ‘‘45 days’’; and 

24 (iii) in subparagraph (D)(ii), by strik25 ing ‘‘at least annually recommendations reVerDate Sep 11 2014 22:02 Dec 15, 2015 Jkt 059200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6203 E:\BILLS\S1169.RS S1169

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1 garding State compliance with the require2 ments of paragraphs (11), (12), and (13)’’ 

3 and inserting ‘‘at least every 2 years a re4 port and necessary recommendations re5 garding State compliance with the core re6 quirements’’; and 

7 (iv) in subparagraph (E)— 

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

9 at the end; and 

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

11 period at the end and inserting a semi12 colon; 

13 (C) in paragraph (5)— 

14 (i) in the matter preceding subpara15 graph (A), by striking ‘‘paragraph (25)’’ 

16 and inserting ‘‘paragraph (26)’’; and 

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

18 ‘‘Indian tribes’’ and all that follows through 

19 ‘‘applicable to the detention and confine20 ment of juveniles’’ and inserting ‘‘Indian 

21 tribes that agree to attempt to comply with 

22 the core requirements applicable to the de23 tention and confinement of juveniles’’; 

24 (D) in paragraph (7)— 


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

2 ‘‘performs law enforcement functions’’ and 

3 inserting ‘‘has jurisdiction’’; and 

4 (ii) in subparagraph (B)— 

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

6 ‘‘and’’ at the end; and 

7 (II) by striking clause (iv) and 

8 inserting the following: 

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

10 detention for status offenders, juveniles who 

11 have been induced to perform commercial 

12 sex acts, and others, where appropriate, 

13 such as specialized or problem-solving 

14 courts or diversion to home-based or com15 munity-based services or treatment for those 

16 youth in need of mental health, substance 

17 abuse, or co-occurring disorder services at 

18 the time such juveniles first come into con19 tact with the juvenile justice system; 

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

21 children housed in secure detention and cor22 rections facilities who are awaiting place23 ment in residential treatment programs; 

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

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1 ery of juvenile delinquency prevention and 

2 treatment services, particularly post-place3 ment; 

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

5 services to respond to the needs of at-risk 

6 youth or youth who have come into contact 

7 with the juvenile justice system; 

8 ‘‘(viii) a plan to promote evidence9 based and trauma-informed programs and 

10 practices; and 

11 ‘‘(ix) a plan to, within 1 year of the 

12 date of enactment of the Juvenile Justice 

13 and Delinquency Prevention Reauthoriza14 tion Act of 2015, eliminate the use of shack15 ling of pregnant juveniles housed in secure 

16 detention and corrections facilities, covering 

17 at a minimum the third trimester, labor, 

18 delivery, and post-partum recovery;’’; 

19 (E) in paragraph (8), by striking ‘‘exist20 ing’’ and inserting ‘‘evidence-based and prom21 ising’’; 

22 (F) in paragraph (9)— 

23 (i) in the matter preceding subpara24 graph (A), by inserting ‘‘, with priority in 

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1 teria for evidence-based or promising pro2 grams’’ after ‘‘used for’’; 

3 (ii) in subparagraph (A)(i), by insert4 ing ‘‘status offenders and other’’ before 

5 ‘‘youth who need’’; 

6 (iii) in subparagraph (B)(i)— 

7 (I) by striking ‘‘parents and other 

8 family members’’ and inserting ‘‘status 

9 offenders, other youth, and the parents 

10 and other family members of such of11 fenders and youth’’; and 

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

13 inserting ‘‘remain’’; 

14 (iv) in subparagraph (E)— 

15 (I) in the matter preceding clause 

16 (i), by striking ‘‘delinquent’’ and in17 serting ‘‘at-risk or delinquent youth’’; 

18 and 

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

20 including for truancy prevention and 

21 reduction’’ before the semicolon; 

22 (v) by redesignating subparagraphs 

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

24 through (T), respectively; 


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1 (vi) in subparagraph (F), in the mat2 ter preceding clause (i), by striking ‘‘ex3 panding’’ and inserting ‘‘programs to ex4 pand’’; 

5 (vii) by inserting after subparagraph 

6 (F), the following: 

7 ‘‘(G) expanding access to publicly sup8 ported, court-appointed legal counsel and en9 hancing capacity for the competent representa10 tion of every child, consistent with other Federal 

11 law;’’; 

12 (viii) in subparagraph (M), as so re13 designated— 

14 (I) in clause (i)— 

15 (aa) by inserting ‘‘pre-adju16 dication and’’ before ‘‘post-adju17 dication’’; 

18 (bb) by striking ‘‘restraints’’ 

19 and inserting ‘‘alternatives’’; and 

20 (cc) by inserting ‘‘specialized 

21 or problem-solving courts,’’ after 

22 ‘‘(including’’; and 

23 (II) in clause (ii)— 

24 (aa) by striking ‘‘by the pro25 vision by the Administrator’’; and 


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1 (bb) by striking ‘‘to States’’; 

2 (ix) in subparagraph (N), as so redes3 ignated— 

4 (I) by inserting ‘‘and reduce the 

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

6 and 

7 (II) by striking ‘‘so that juveniles 

8 may be retained in their homes’’; 

9 (x) in subparagraph (S), as so redesig10 nated, by striking ‘‘and’’ at the end; 

11 (xi) in subparagraph (T), as so redes12 ignated— 

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

14 disorder’’ after ‘‘mental health’’; 

15 (II) by inserting ‘‘court-involved 

16 or’’ before ‘‘incarcerated’’; 

17 (III) by striking ‘‘suspected to 

18 be’’; 

19 (IV) by striking ‘‘and discharge 

20 plans’’ and inserting ‘‘provision of 

21 treatment, and development of dis22 charge plans’’; and 

23 (V) by striking the period at the 

24 end and inserting a semicolon; and 


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1 (xii) by inserting after subparagraph 

2 (T) the following: 

3 ‘‘(U) programs and projects designed to in4 form juveniles of the opportunity and process for 

5 expunging juvenile records and to assist juveniles 

6 in pursuing juvenile record expungements for 

7 both adjudications and arrests not followed by 

8 adjudications; 

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

10 girls in or at risk of entering the juvenile justice 

11 system, including pregnant girls, young mothers, 

12 survivors of commercial sexual exploitation or 

13 domestic child sex trafficking, girls with disabil14 ities, and girls of color, including girls who are 

15 members of an Indian tribe; and 

16 ‘‘(W) monitoring for compliance with the 

17 core requirements and providing training and 

18 technical assistance on the core requirements to 

19 secure facilities;’’; 

20 (G) in paragraph (11)(A)(ii), by inserting 

21 ‘‘issued and reviewed in accordance with para22 graph (24)’’ after ‘‘valid court order’’; 

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

24 ‘‘contact’’ and inserting ‘‘sight or sound con25 tact’’; 


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1 (I) in paragraph (13), by striking ‘‘contact’’ 

2 each place it appears and inserting ‘‘sight or 

3 sound contact’’; 

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

5 (K) by redesignating paragraphs (23) 

6 through (26) as paragraphs (24) through (27), 

7 respectively; 

8 (L) by redesignating paragraphs (14) 

9 through (21) as paragraphs (16) through (23), 

10 respectively; 

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

12 following: 

13 ‘‘(14) require that— 

14 ‘‘(A) not later than 3 years after the date 

15 of enactment of the Juvenile Justice and Delin16 quency Prevention Reauthorization Act of 2015, 

17 unless a court finds, after a hearing and in writ18 ing, that it is in the interest of justice, juveniles 

19 awaiting trial or other legal process who are 

20 treated as adults for purposes of prosecution in 

21 criminal court and housed in a secure facility— 

22 ‘‘(i) shall not have sight or sound con23 tact with adult inmates; and 


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1 ‘‘(ii) except as provided in paragraph 

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

3 for adults; 

4 ‘‘(B) 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 maturity 

11 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 


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

20 improvement strategies at the State, territorial, local, 

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

22 racial and ethnic disparities among youth who come 

23 into contact with the juvenile justice system, without 

24 establishing or requiring numerical standards or 

25 quotas, by— 


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1 ‘‘(A) establishing or designating existing co2 ordinating bodies, composed of juvenile justice 

3 stakeholders, (including representatives of the 

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

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

6 government, and Indian tribes to reduce racial 

7 and ethnic disparities; 

8 ‘‘(B) identifying and analyzing key decision 

9 points in State, local, or tribal juvenile justice 

10 systems to determine which points create racial 

11 and ethnic disparities among youth who come 

12 into contact with the juvenile justice system; and 

13 ‘‘(C) developing and implementing a work 

14 plan that includes measurable objectives for pol15 icy, practice, or other system changes, based on 

16 the needs identified in the data collection and 

17 analysis under subparagraph (B);’’; 

18 (N) in paragraph (16), as so redesignated— 

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

20 inserting ‘‘effective system’’; 

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

22 ‘‘monitoring jails,’’; 

23 (iii) by inserting ‘‘and’’ after ‘‘deten24 tion facilities,’’; 


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1 (iv) by striking ‘‘, and non-secure fa2 cilities’’; 

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

4 ‘‘ensure’’; 

5 (vi) by striking ‘‘requirements of para6 graph (11),’’ and all that follows through 

7 ‘‘monitoring to the Administrator’’ and in8 serting ‘‘core requirements are met, and for 

9 annual reporting to the Administrator’’; 

10 and 

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

12 the Administrator,’’; 

13 (O) in paragraph (17), as so redesignated, 

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

15 (P) in paragraph (24), as so redesignated— 

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

17 (C), by striking ‘‘juvenile’’ each place it ap18 pears and inserting ‘‘status offender’’; 

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

20 ‘‘and’’ at the end; 

21 (iii) in subparagraph (C)— 

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

23 ‘‘and’’ at the end; 

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

25 ‘‘and’’ at the end; and 


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1 (III) by adding at the end the fol2 lowing: 

3 ‘‘(iii) if such court determines the sta4 tus offender should be placed in a secure de5 tention facility or correctional facility for 

6 violating such order— 

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

8 order that— 

9 ‘‘(aa) identifies the valid 

10 court order that has been violated; 

11 ‘‘(bb) specifies the factual 

12 basis for determining that there is 

13 reasonable cause to believe that 

14 the status offender has violated 

15 such order; 

16 ‘‘(cc) includes findings of fact 

17 to support a determination that 

18 there is no appropriate less re19 strictive alternative available to 

20 placing the status offender in such 

21 a facility, with due consideration 

22 to the best interest of the juvenile; 

23 ‘‘(dd) specifies the length of 

24 time, not to exceed 7 days, that 

25 the status offender may remain in 


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1 a secure detention facility or cor2 rectional facility, and includes a 

3 plan for the status offender’s re4 lease from such facility; and 

5 ‘‘(ee) may not be renewed or 

6 extended; and 

7 ‘‘(II) the court may not issue a 

8 second or subsequent order described in 

9 subclause (I) relating to a status of10 fender, unless the status offender vio11 lates a valid court order after the date 

12 on which the court issues an order de13 scribed in subclause (I);’’; and 

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

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

16 that any status offender held in a secure deten17 tion facility or correctional facility pursuant to 

18 a court order described in this paragraph does 

19 not remain in custody longer than 7 days or the 

20 length of time authorized by the court, whichever 

21 is shorter; and 

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

23 of enactment of the Juvenile Justice and Delin24 quency Prevention Reauthorization Act of 2015, 

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1 ders to provide secure confinement of status of2 fenders;’’; 

3 (Q) in paragraph (27), as so redesignated— 

4 (i) by inserting ‘‘and in accordance 

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

7 (ii) by striking the semicolon at the 

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

9 provide for— 

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

11 relating to juveniles entering the juvenile justice 

12 system with a prior reported history of arrest, 

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

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

16 subparagraph (A) to provide necessary services 

17 for the treatment of such victims of child abuse 

18 or neglect;’’; 

19 (R) in paragraph (28), by striking the pe20 riod at the end and inserting a semicolon; and 

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

22 ‘‘(29) provide for the coordinated use of funds 

23 provided under this Act with other Federal and State 

24 funds directed at juvenile delinquency prevention and 

25 intervention programs; 


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1 ‘‘(30) describe the policies, procedures, and train2 ing in effect for the staff of juvenile State correctional 

3 facilities to eliminate the use of dangerous practices, 

4 unreasonable restraints (such as the shackling of preg5 nant juveniles during labor and delivery), and unrea6 sonable isolation, including by developing effective be7 havior management techniques; 

8 ‘‘(31) describe— 

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

10 used to conduct mental health and substance 

11 abuse screening, assessment, referral, and treat12 ment for juveniles who— 

13 ‘‘(i) request a screening; 

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

15 or 

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

17 than 24 hours in a secure facility that pro18 vides for an initial screening; and 

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

20 practicable, to provide or arrange for mental 

21 health and substance abuse disorder treatment 

22 for juveniles determined to be in need of such 

23 treatment; 

24 ‘‘(32) describe how reentry planning by the State 

25 for juveniles will include— 


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1 ‘‘(A) a written case plan based on an as2 sessment of needs that includes— 

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

4 plans for the juveniles; 

5 ‘‘(ii) the living arrangement to which 

6 the juveniles are to be discharged; and 

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

8 juveniles based on an individualized assess9 ment; and 

10 ‘‘(B) review processes; 

11 ‘‘(33) provide that the agency of the State receiv12 ing funds under this Act collaborate with the State 

13 educational agency receiving assistance under part A 

14 of title I of the Elementary and Secondary Education 

15 Act of 1965 (20 U.S.C. 6311 et seq.) to develop and 

16 implement a plan to ensure that, in order to support 

17 educational progress— 

18 ‘‘(A) the student records of adjudicated juve19 niles, including electronic records if available, 

20 are transferred in a timely manner from the 

21 educational program in the juvenile detention or 

22 secure treatment facility to the educational or 

23 training program into which the juveniles will 

24 enroll; 


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

2 transferred; and 

3 ‘‘(C) adjudicated juveniles receive full or 

4 partial credit toward high school graduation for 

5 secondary school coursework satisfactorily com6 pleted before and during the period of time dur7 ing which the juveniles are held in custody, re8 gardless of the local educational agency or entity 

9 from which the credits were earned; and 

10 ‘‘(34) describe policies and procedures to— 

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

12 records of the State the identification of victims 

13 of domestic human trafficking, or those at risk of 

14 such trafficking, upon intake; and 

15 ‘‘(B) divert youth described in subpara16 graph (A) to appropriate programs or services, 

17 to the extent practicable.’’; 

18 (2) in subsection (d)— 

19 (A) by striking ‘‘described in paragraphs 

20 (11), (12), (13), and (22) of subsection (a)’’ and 

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

22 and 

23 (B) by striking ‘‘the requirements under 

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1 section (a)’’ and inserting ‘‘the core require2 ments’’; 

3 (3) in subsection (f)(2)— 

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

5 (B) by redesignating subparagraphs (B) 

6 through (E) and subparagraphs (A) through (D), 

7 respectively; and 

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

9 ‘‘(g) COMPLIANCE DETERMINATION.— 

10 ‘‘(1) IN GENERAL.—For each fiscal year, the Ad11 ministrator shall make a determination regarding 

12 whether each State receiving a grant under this Act 

13 is in compliance or out of compliance with respect to 

14 each of the core requirements. 

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

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

17 ‘‘(i) describing any determination de18 scribed in paragraph (1) made during the 

19 previous year, including a summary of the 

20 information on which the determination is 

21 based and the actions to be taken by the Ad22 ministrator (including a description of any 

23 reduction imposed under subsection (c)); 

24 and 


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

2 State is out of compliance with any of the 

3 core requirements, describing the basis for 

4 the determination; and 

5 ‘‘(B) make the report described in subpara6 graph (A) available on a publicly available 

7 website. 

8 ‘‘(3) DETERMINATIONS REQUIRED.—The Admin9 istrator may not determine that a State is not out of 

10 compliance, or issue any other determination not de11 scribed in paragraph (1), with respect to any core re12 quirement, or otherwise fail to make the compliance 

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

14 SEC. 206. REALLOCATION OF GRANT FUNDS. 

15 Section 223(c) of the Juvenile Justice and Delinquency 

16 Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended to 

17 read as follows: 

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

19 requirements in any fiscal year, then— 

20 ‘‘(A) subject to subparagraph (B), the amount al21 located to such State under section 222 for the subse22 quent fiscal year shall be reduced by not less than 20 

23 percent for each core requirement with respect to 

24 which the failure occurs; and 


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

2 allocation under such section for such fiscal year un3 less— 

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

5 the amount allocated to the State for such fiscal 

6 year to achieve compliance with any such para7 graph with respect to which the State is in non8 compliance; or 

9 ‘‘(ii) the Administrator determines that the 

10 State— 

11 ‘‘(I) has achieved substantial compli12 ance with such applicable requirements 

13 with respect to which the State was not in 

14 compliance; and 

15 ‘‘(II) has made, through appropriate 

16 executive or legislative action, an unequivo17 cal commitment to achieving full compli18 ance with such applicable requirements 

19 within a reasonable time. 

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

21 fiscal year under paragraph (1)— 

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

23 reallocated under section 222 to States that have not 

24 failed to comply with the core requirements; and 


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

2 used by the Administrator to provide additional 

3 training and technical assistance to States for the 

4 purpose of promoting compliance with the core re5 quirements.’’. 

6 SEC. 207. AUTHORITY TO MAKE GRANTS. 

7 Section 241(a) of the Juvenile Justice and Delin8 quency Prevention Act of 1974 (42 U.S.C. 5651(a)) is 

9 amended— 

10 (1) in paragraph (1), by inserting ‘‘status of11 fenders,’’ before ‘‘juvenile offenders, and juveniles’’; 

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

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

14 truancy prevention and reduction and social and 

15 independent living skills development’’; 

16 (3) in paragraph (5), by striking ‘‘juvenile of17 fenders and juveniles’’ and inserting ‘‘status offenders, 

18 juvenile offenders, and juveniles’’; and 

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

20 juveniles with disabilities’’ before the semicolon. 

21 SEC. 208. ELIGIBILITY OF STATES. 

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

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

25 ‘‘10’’. 


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1 SEC. 209. GRANTS TO INDIAN TRIBES. 

2 (a) IN GENERAL.—Section 246(a)(2) of the Juvenile 

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

4 5656(a)(2)) is amended— 

5 (1) by striking subparagraph (A); 

6 (2) by redesignating subparagraphs (B) through 

7 (E) as subparagraphs (A) through (D), respectively; 

8 and 

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

10 striking ‘‘subparagraph (B)’’ and inserting ‘‘subpara11 graph (A)’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec13 tion 223(a)(7)(A) of the Juvenile Justice and Delinquency 

14 Prevention Act of 1974 (42 U.S.C. 5633(a)(7)(A)) is 

15 amended by striking ‘‘(including any geographical area in 

16 which an Indian tribe performs law enforcement func17 tions)’’ and inserting ‘‘(including any geographical area of 

18 which an Indian tribe has jurisdiction)’’. 

19 SEC. 210. RESEARCH AND EVALUATION; STATISTICAL ANAL20 YSES; INFORMATION DISSEMINATION. 

21 Section 251 of the Juvenile Justice and Delinquency 

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

23 (1) in subsection (a)— 

24 (A) in paragraph (1)— 


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

3 ‘‘shall’’; 

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

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

7 (iii) in subparagraph (B)— 

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

10 ‘‘(iii) successful efforts to prevent sta11 tus offenders and first-time minor offenders 

12 from subsequent involvement with the juve13 nile justice and criminal justice systems;’’; 

14 (II) by striking clause (vii) and 

15 inserting the following: 

16 ‘‘(vii) the prevalence and duration of 

17 behavioral health needs (including mental 

18 health, substance abuse, and co-occurring 

19 disorders) among juveniles pre-placement 

20 and post-placement when held in the cus21 tody of secure detention and corrections fa22 cilities, including an examination of the ef23 fects of confinement;’’; 


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1 (III) by redesignating clauses (ix), 

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

3 (xvii), respectively; and 

4 (IV) by inserting after clause 

5 (viii) the following: 

6 ‘‘(ix) training efforts and reforms that 

7 have produced reductions in or elimination 

8 of the use of dangerous practices; 

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

11 professional personnel who are focused on 

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

14 ‘‘(xi) methods to improve the identi15 fication and response to victims of domestic 

16 child sex trafficking within the juvenile jus17 tice system; 

18 ‘‘(xii) identifying positive outcome 

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

21 and units of local government should use to 

22 evaluate the success of programs aimed at 

23 reducing recidivism of youth who have come 

24 in contact with the juvenile justice system 

25 or criminal justice system; 


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

3 juveniles as adults; 

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

7 that provide for consideration of appro8 priate alternative sanctions to incarceration 

9 of youth facing nonviolent charges, while 

10 ensuring that public safety is preserved;’’; 

11 and 

12 (B) in paragraph (4)— 

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

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

16 enactment of the Juvenile Justice and De17 linquency Prevention Reauthorization Act 

18 of 2015, the’’; 

19 (ii) in subparagraph (F), by striking 

20 ‘‘and’’ at the end; 

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

22 the period at the end and inserting a semi23 colon; and 

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


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

2 discharge planning; and 

3 ‘‘(I) an assessment of living arrangements 

4 for juveniles who, upon release from confinement 

5 in a State correctional facility, cannot return to 

6 the residence they occupied prior to such confine7 ment.’’; 

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

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

10 ‘‘shall’’; and 

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

12 ‘‘(f) NATIONAL RECIDIVISM MEASURE.—The Adminis13 trator, in consultation with experts in the field of juvenile 

14 justice research, recidivism, and data collection, shall— 

15 ‘‘(1) establish a uniform method of data collec16 tion and technology that States may use to evaluate 

17 data on juvenile recidivism on an annual basis; 

18 ‘‘(2) establish a common national juvenile recidi19 vism measurement system; and 

20 ‘‘(3) make cumulative juvenile recidivism data 

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

22 SEC. 211. TRAINING AND TECHNICAL ASSISTANCE. 

23 Section 252 of the Juvenile Justice and Delinquency 

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

25 (1) in subsection (a)— 


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

2 by striking ‘‘may’’; 

3 (B) in paragraph (1)— 

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

5 and carry out projects’’; and 

6 (ii) by striking ‘‘and’’ after the semi7 colon; 

8 (C) in paragraph (2)— 

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

10 grants to and contracts with’’; and 

11 (ii) by striking the period and insert12 ing ‘‘; and’’; and 

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

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

15 regarding implementation of the core requirements, 

16 current protocols and best practices for achieving and 

17 monitoring compliance, and information sharing re18 garding relevant Office resources on evidence-based 

19 and promising programs or practices that promote 

20 the purposes of this Act.’’; 

21 (2) in subsection (b)— 

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

23 by striking ‘‘may’’; 

24 (B) in paragraph (1)— 


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

2 and implement projects’’; 

3 (ii) by inserting ‘‘, including compli4 ance with the core requirements’’ after ‘‘this 

5 title’’; and 

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

7 (C) in paragraph (2)— 

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

9 grants to and contracts with’’; and 

10 (ii) by striking the period at the end 

11 and inserting ‘‘; and’’; and 

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

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

14 and units of local government on achieving compli15 ance with the amendments to the core requirements 

16 and State Plans made by the Juvenile Justice and 

17 Delinquency Prevention Reauthorization Act of 2015, 

18 including training and technical assistance and, 

19 when appropriate, pilot or demonstration projects in20 tended to develop and replicate best practices for 

21 achieving sight and sound separation in facilities or 

22 portions of facilities that are open and available to 

23 the general public and that may or may not contain 

24 a jail or a lock-up; and 


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

2 in support of efforts to establish partnerships between 

3 a State and a university, institution of higher edu4 cation, or research center designed to improve the re5 cruitment, selection, training, and retention of profes6 sional personnel in the fields of medicine, law enforce7 ment, the judiciary, juvenile justice, social work and 

8 child protection, education, and other relevant fields 

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

10 of prevention, identification, and treatment of delin11 quency.’’; 

12 (3) in subsection (c)— 

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

14 defenders,’’; and 

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

16 after ‘‘needs of’’; and 

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

18 ‘‘(d) TECHNICAL ASSISTANCE TO STATES REGARDING

19 LEGAL REPRESENTATION OF CHILDREN.—In consultation 

20 with experts in the field of juvenile defense, the Adminis21 trator shall— 

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

23 attorneys representing children; and 

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

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


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1 ‘‘(e) TRAINING AND TECHNICAL ASSISTANCE FOR

2 LOCAL AND STATE JUVENILE DETENTION AND CORREC3 TIONS PERSONNEL.—The Administrator shall coordinate 

4 training and technical assistance programs with juvenile 

5 detention and corrections personnel of States and units of 

6 local government to— 

7 ‘‘(1) promote methods for improving conditions 

8 of juvenile confinement, including methods that are 

9 designed to minimize the use of dangerous practices, 

10 unreasonable restraints, and isolation; and 

11 ‘‘(2) encourage alternative behavior management 

12 techniques based on positive youth development ap13 proaches. 

14 ‘‘(f) TRAINING AND TECHNICAL ASSISTANCE TO SUP15 PORT MENTAL HEALTH OR SUBSTANCE ABUSE TREAT16 MENT INCLUDING HOME-BASED OR COMMUNITY-BASED

17 CARE.—The Administrator shall provide training and tech18 nical assistance, in conjunction with the appropriate public 

19 agencies, to individuals involved in making decisions re20 garding the disposition and management of cases for youth 

21 who enter the juvenile justice system about the appropriate 

22 services and placement for youth with mental health or sub23 stance abuse needs, including— 

24 ‘‘(1) juvenile justice intake personnel; 

25 ‘‘(2) probation officers; 


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1 ‘‘(3) juvenile court judges and court services per2 sonnel; 

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

4 and 

5 ‘‘(5) family members of juveniles and family ad6 vocates. 

7 ‘‘(g) GRANTS FOR JUVENILE COURT JUDGES AND PER8 SONNEL.—The Attorney General, acting through the Office 

9 of Juvenile Justice and Delinquency Prevention and the Of10 fice of Justice Programs, shall make grants to improve 

11 training, education, technical assistance, evaluation, and 

12 research to enhance the capacity of State and local courts, 

13 judges, and related judicial personnel to— 

14 ‘‘(1) improve the lives of children currently in15 volved in or at risk of being involved in the juvenile 

16 court system; and 

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

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

19 FOR INCARCERATED JUVENILES.—The Attorney General, in 

20 consultation with the Secretary of Agriculture, shall provide 

21 guidance to States relating to existing options for school 

22 food authorities in the States to apply for reimbursement 

23 for free or reduced price lunches under the Richard B. Rus24 sell National School Lunch Act (42 U.S.C. 1751 et seq.) for 

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1 ated, be eligible for free or reduced price lunches under that 

2 Act.’’. 

3 SEC. 212. ADMINISTRATIVE AUTHORITY. 

4 Section 299A of the Juvenile Justice and Delinquency 

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

6 (1) in subsection (d)— 

7 (A) by striking ‘‘, after appropriate con8 sultation with representatives of States and units 

9 of local government,’’; 

10 (B) by inserting ‘‘guidance,’’ after ‘‘regula11 tions,’’; and 

12 (C) by adding at the end the following: ‘‘In 

13 developing guidance and procedures, the Admin14 istrator shall consult with representatives of 

15 States and units of local government, including 

16 those individuals responsible for administration 

17 of this Act and compliance with the core require18 ments.’’; and 

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

20 described in paragraphs (11), (12), and (13) of sec21 tion 223(a)’’ and inserting ‘‘core requirements’’. 


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1 TITLE III—INCENTIVE GRANTS 

2 FOR LOCAL DELINQUENCY 

3 PREVENTION PROGRAMS 

4 SEC. 301. DEFINITIONS. 

5 Section 502 of the Incentive Grants for Local Delin6 quency Prevention Programs Act of 2002 (42 U.S.C. 5781) 

7 is amended— 

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

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

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

13 adult with 1 or more youths for the purpose of pro14 viding guidance, support, and encouragement through 

15 regularly scheduled meetings for not less than 9 

16 months; and 

17 ‘‘(2) the term’’. 

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

20 Section 504(a) of the Incentive Grants for Local Delin21 quency Prevention Programs Act of 2002 (42 U.S.C. 

22 5783(a)) is amended— 

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

24 end; 


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

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

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

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

5 in-home family services programs, if such programs 

6 are evidence-based or promising.’’. 

7 SEC. 303. TECHNICAL AND CONFORMING AMENDMENT. 

8 The Juvenile Justice and Delinquency Prevention Act 

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

10 Juvenile Justice and Delinquency Prevention Act of 1974 

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

13 TITLE IV—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY 

16 OFFICE. 

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

18 of enactment of this Act, and not less often than once every 

19 3 years thereafter, the Comptroller General of the United 

20 States shall— 

21 (1) conduct a comprehensive analysis and eval22 uation regarding the performance of the Office of Ju23 venile Justice and Delinquency Prevention (referred 

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

25 programs, and its grants; 


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1 (2) conduct a comprehensive audit and evalua2 tion of a selected, statistically significant sample of 

3 grantees (as determined by the Comptroller General) 

4 that receive Federal funds under grant programs ad5 ministered by the agency including a review of inter6 nal controls (as defined in section 103 of the Juvenile 

7 Justice and Delinquency Prevention Act of 1974 (42 

8 U.S.C. 5603), as amended by this Act) to prevent 

9 fraud, waste, and abuse of funds by grantees; and 

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

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

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

15 benefit of the Juvenile Justice and Delinquency Prevention 

16 Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Run17 away and Homeless Youth Act (42 U.S.C. 5701 et seq.) and 

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

19 seq.), the Comptroller General shall take into consider20 ation— 

21 (1) the outcome and results of the programs car22 ried out by the agency and those programs adminis23 tered through grants by the agency; 


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

2 with the Government Performance and Results Act 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); 


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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; 


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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), together with supporting 

14 materials, to the Speaker of the House of Rep15 resentatives and the President pro tempore of the 

16 Senate; and 

17 (B) make the report described in subpara18 graph (A) available to the public. 

19 (2) CONTENTS.—The report submitted in accord20 ance with paragraph (1) shall include all audit find21 ings determined by the selected, statistically signifi22 cant sample of grantees as required by subsection 

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

24 selected grantee as well as any findings required by 

25 subsection (a)(2). 


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1 SEC. 402. AUTHORIZATION OF APPROPRIATIONS. 

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—AUTHORIZATION OF 

6 APPROPRIATIONS; ACCOUNT7 ABILITY AND OVERSIGHT 

8 ‘‘SEC. 601. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘(a) IN GENERAL.—There are authorized to be appro10 priated to carry out this Act— 

11 ‘‘(1) $160,000,000 for fiscal year 2016; 

12 ‘‘(2) $163,200,000 for fiscal year 2017; 

13 ‘‘(3) $166,464,000 for fiscal year 2018; 

14 ‘‘(4) $169,793,000 for fiscal year 2019; and 

15 ‘‘(5) $173,190,000 for fiscal year 2020. 

16 ‘‘(b) MENTORING PROGRAMS.—Not more than 20 per17 cent of the amount authorized to be appropriated under sub18 section (a) for a fiscal year may be used for mentoring pro19 grams.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 The Juvenile Justice and Delinquency Prevention Act of 

22 1974 is amended by striking— 

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

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

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

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


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1 SEC. 403. ACCOUNTABILITY AND OVERSIGHT. 

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

3 Delinquency Prevention Act of 1974, as added by this Act, 

4 is amended by adding at the end the following: 

5 ‘‘SEC. 602. ACCOUNTABILITY AND OVERSIGHT. 

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

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

8 come into contact with the juvenile justice system or the 

9 criminal justice system are treated fairly and the outcome 

10 of that contact is beneficial to the Nation— 

11 ‘‘(1) the Department of Justice, through its Of12 fice of Juvenile Justice and Delinquency Prevention, 

13 must restore meaningful enforcement of the core re14 quirements in this Act; 

15 ‘‘(2) the Attorney General should, not later than 

16 90 days after the date of enactment of this Act, issue 

17 a proposed rule to update existing Federal regulations 

18 used to make State compliance determinations and 

19 provide participating States with technical assistance 

20 to develop more effective and comprehensive data col21 lection systems; and 

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

23 stewardship role if they accept funds under this Act, 

24 must exercise vigilant oversight to ensure full compli25 ance with the core requirements for juveniles provided 

26 for in this Act. 


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1 ‘‘(b) ACCOUNTABILITY.— 

2 ‘‘(1) AGENCY PROGRAM REVIEW.— 

3 ‘‘(A) PROGRAMMATIC AND FINANCIAL AS4 SESSMENT.— 

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

6 days after the date of enactment of this sec7 tion, the Director of the Office of Audit, As8 sessment, and Management of the Office of 

9 Justice Programs at the Department of Jus10 tice (referred to in this section as the ‘Direc11 tor’) shall— 

12 ‘‘(I) conduct a comprehensive 

13 analysis and evaluation of the internal 

14 controls of the Office of Juvenile Jus15 tice and Delinquency Prevention (re16 ferred to in this section as the ‘agency’) 

17 to determine if State and Indian tribes 

18 receiving grants are following the re19 quirements of the agency grant pro20 grams and what remedial action the 

21 agency has taken to recover any grant 

22 funds that are expended in violation of 

23 grant programs, including instances 

24 where— 


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1 ‘‘(aa) supporting documenta2 tion was not provided for cost re3 ports; 

4 ‘‘(bb) unauthorized expendi5 tures occurred; and 

6 ‘‘(cc) subrecipients of grant 

7 funds were not compliance with 

8 program requirements; 

9 ‘‘(II) conduct a comprehensive 

10 audit and evaluation of a selected sta11 tistically significant sample of States 

12 and Indian tribes (as determined by 

13 the Director) that have received Fed14 eral funds under this Act, including a 

15 review of internal controls to prevent 

16 fraud, waste, and abuse of funds by 

17 grantees; 

18 ‘‘(III) submit a report in accord19 ance with clause (iv). 

20 ‘‘(ii) CONSIDERATIONS FOR EVALUA21 TIONS.—In conducting the analysis and 

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

23 to document the efficiency and public ben24 efit of this Act, excluding the Runaway and 

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1 dren’s Assistance Act, the Director shall 

2 take into consideration the extent to 

3 which— 

4 ‘‘(I) greater oversight is needed of 

5 programs developed with grants made 

6 by the agency; 

7 ‘‘(II) changes are necessary in the 

8 authorizing statutes of the agency in 

9 order that the functions of the agency 

10 can be performed in a more efficient 

11 and effective manner; and 

12 ‘‘(III) the agency has imple13 mented recommendations issued by the 

14 Comptroller General or Office of In15 spector General relating to the grant 

16 making and grant monitoring respon17 sibilities of the agency. 

18 ‘‘(iii) CONSIDERATIONS FOR AUDITS.— 

19 In conducting the audit and evaluation 

20 under clause (i)(II), and in order to docu21 ment the efficiency and public benefit of this 

22 Act, excluding the Runaway and Homeless 

23 Youth Act and the Missing Children’s As24 sistance Act, the Director shall take into 

25 consideration— 


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1 ‘‘(I) whether grantees timely file 

2 Financial Status Reports; 

3 ‘‘(II) whether grantees have suffi4 cient internal controls to ensure ade5 quate oversight of grant funds received; 

6 ‘‘(III) whether grantees’ assertions 

7 of compliance with the core require8 ments were accompanied with adequate 

9 supporting documentation; 

10 ‘‘(IV) whether expenditures were 

11 authorized; 

12 ‘‘(V) whether subrecipients of 

13 grant funds were complying with pro14 gram requirements; and 

15 ‘‘(VI) whether grant funds were 

16 spent in accordance with the program 

17 goals and guidelines. 

18 ‘‘(iv) REPORT.—The Director shall 

19 submit to Congress a report outlining the 

20 results of the analysis, evaluation, and 

21 audit conducted under clause (i), including 

22 supporting materials, to the Speaker of the 

23 House of Representatives and the President 

24 pro tempore of the Senate and shall make 

25 such report available to the public online, 


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1 not later than 1 year after the date of enact2 ment of this section. 

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

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

5 days after the date of enactment of this sec6 tion, the Administrator shall initiate a 

7 comprehensive analysis and evaluation of 

8 the internal controls of the agency to deter9 mine whether, and to what extent, States 

10 and Indian tribes that receive grants under 

11 this Act are following the requirements of 

12 the grant programs authorized under this 

13 Act. 

14 ‘‘(ii) REPORT.—Not later than 180 

15 days after the date of enactment of this sec16 tion, the Administrator shall submit to Con17 gress a report containing— 

18 ‘‘(I) the findings of the analysis 

19 and evaluation conducted under clause 

20 (i); 

21 ‘‘(II) a description of remedial ac22 tions, if any, that will be taken by the 

23 Administrator to enhance the internal 

24 controls of the agency and recoup funds 

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1 tion of law, regulations, or program re2 quirements issued under this Act; and 

3 ‘‘(III) a description of— 

4 ‘‘(aa) the analysis conducted 

5 under clause (i); 

6 ‘‘(bb) whether the funds 

7 awarded under this Act have been 

8 used in accordance with law, reg9 ulations, program guidance, and 

10 applicable plans; and 

11 ‘‘(cc) the extent to which 

12 funds awarded to States and In13 dian tribes under this Act en14 hanced 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 this section, the Attorney General 

19 shall submit to the appropriate committees of 

20 Congress a report on the estimated amount of 

21 grant funds disbursed by the agency since fiscal 

22 year 2010 that did not meet the requirements for 

23 awards of formula grants to States under this 

24 Act. 


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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 and to prevent waste, fraud, 

6 and abuse of funds by grantees, the Inspector 

7 General of the Department of Justice each year 

8 shall periodically conduct audits of States and 

9 Indian tribes that receive grants under this Act. 

10 ‘‘(B) DETERMINING SAMPLES.—The sample 

11 selected for audits under subparagraph (A) shall 

12 be— 

13 ‘‘(i) of an appropriate size to— 

14 ‘‘(I) assess the grant programs au15 thorized under this Act; and 

16 ‘‘(II) act as a deterrent to finan17 cial mismanagement; and 

18 ‘‘(ii) selected based on— 

19 ‘‘(I) the size of the grants awarded 

20 to the recipient; 

21 ‘‘(II) the past grant management 

22 performance of the recipient; 

23 ‘‘(III) concerns identified by the 

24 Administrator, including referrals 

25 from the Administrator; and 


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1 ‘‘(IV) such other factors as deter2 mined by the Inspector General of the 

3 Department of Justice. 

4 ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.— 

5 The Attorney General shall make the summary of 

6 each review conducted under this section avail7 able on the website of the Department of Justice, 

8 subject to redaction as the Attorney General de9 termines necessary to protect classified and other 

10 sensitive information. 

11 ‘‘(D) MANDATORY EXCLUSION.—A recipient 

12 of grant funds under this Act that is found to 

13 have an unresolved audit finding shall not be eli14 gible to receive grant funds under this Act dur15 ing the first 2 fiscal years beginning after the 

16 12-month period beginning on the date on which 

17 the audit report is issued. 

18 ‘‘(E) PRIORITY.—In awarding grants under 

19 this Act, the Administrator shall give priority to 

20 a State or Indian tribe that did not have an un21 resolved audit finding during the 3 fiscal years 

22 prior to the date on which the eligible entity sub23 mits an application for a grant under this Act. 

24 ‘‘(F) REIMBURSEMENT.—If a State or In25 dian tribe is awarded grant funds under this Act 


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1 during the 2-fiscal-year period in which the enti2 ty is barred from receiving grants under sub3 paragraph (I), the Attorney General shall— 

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

5 amount of the grant funds that were im6 properly awarded to the grantee into the 

7 General Fund of the Treasury; and 

8 ‘‘(ii) seek to recoup the costs of the re9 payment to the General Fund under clause 

10 (i) from the grantee that was erroneously 

11 awarded grant funds. 

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

13 term ‘unresolved audit finding’ means a finding 

14 in the final audit report of the Inspector Gen15 eral— 

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

17 tribe has used grant funds for an unauthor18 ized expenditure or otherwise unallowable 

19 cost; and 

20 ‘‘(ii) that is not closed or resolved dur21 ing the 12-month period beginning on the 

22 date on which the final audit report is 

23 issued. 

24 ‘‘(3) NONPROFIT ORGANIZATION REQUIRE25 MENTS.— 


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

2 paragraph and the grant programs described in 

3 this Act, the term ‘nonprofit organization’ means 

4 an organization that is described in section 

5 501(c)(3) of the Internal Revenue Code of 1986 

6 and is exempt from taxation under section 

7 501(a) of such Code. 

8 ‘‘(B) PROHIBITION.—The Administrator 

9 may not award a grant under any grant pro10 gram described in this Act to a nonprofit organi11 zation that holds money in offshore accounts for 

12 the purpose of avoiding paying the tax described 

13 in section 511(a) of the Internal Revenue Code 

14 of 1986. 

15 ‘‘(C) DISCLOSURE.— 

16 ‘‘(i) IN GENERAL.—Each nonprofit or17 ganization that is awarded a grant under a 

18 grant program described in this Act and 

19 uses the procedures prescribed in regulations 

20 to create a rebuttable presumption of rea21 sonableness for the compensation of its offi22 cers, directors, trustees, and key employees, 

23 shall disclose to the Administrator, in the 

24 application for the grant, the process for de25 termining such compensation, including— 


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1 ‘‘(I) the independent persons in2 volved in reviewing and approving 

3 such compensation; 

4 ‘‘(II) the comparability data used; 

5 and 

6 ‘‘(III) contemporaneous substan7 tiation of the deliberation and decision. 

8 ‘‘(ii) PUBLIC INSPECTION UPON RE9 QUEST.—Upon request, the Administrator 

10 shall make the information disclosed under 

11 clause (i) available for public inspection. 

12 ‘‘(4) CONFERENCE EXPENDITURES.— 

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

14 to be appropriated to the Department of Justice 

15 under this Act may be used by the Attorney Gen16 eral, or by any individual or organization 

17 awarded discretionary funds through a coopera18 tive agreement under this Act, to host or support 

19 any expenditure for conferences that uses more 

20 than $20,000 in funds made available to the De21 partment of Justice, unless the Deputy Attorney 

22 General or such Assistant Attorney Generals, Di23 rectors, or principal deputies as the Deputy At24 torney General may designate, provides prior 


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1 written authorization that the funds may be ex2 pended to host a conference. 

3 ‘‘(B) WRITTEN APPROVAL.—Written ap4 proval under subparagraph (A) shall include a 

5 written estimate of all costs associated with the 

6 conference, including the cost of all food and bev7 erages, audiovisual equipment, honoraria for 

8 speakers, and entertainment. 

9 ‘‘(C) REPORT.—The Deputy Attorney Gen10 eral shall submit an annual report to the Com11 mittee on the Judiciary of the Senate and the 

12 Committee on the Judiciary of the House of Rep13 resentatives on all conference expenditures ap14 proved under this paragraph. 

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

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

17 be appropriated under this Act may not be uti18 lized by any recipient of a grant made using 

19 such amounts to— 

20 ‘‘(i) lobby any representative of the De21 partment of Justice regarding the award of 

22 grant funding; or 

23 ‘‘(ii) lobby any representative of a Fed24 eral, State, local, or tribal government re25 garding the award of grant funding. 


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

2 determines that any recipient of a grant made 

3 using amounts authorized to be appropriated 

4 under this Act has violated subparagraph (A), 

5 the Attorney General shall— 

6 ‘‘(i) require the grant recipient to 

7 repay the grant in full; and 

8 ‘‘(ii) prohibit the grant recipient from 

9 receiving another grant under this Act for 

10 not less than 5 years. 

11 ‘‘(6) ANNUAL CERTIFICATION.—Beginning in the 

12 first fiscal year beginning after the date of enactment 

13 of this section, the Attorney General shall submit, to 

14 the Committee on the Judiciary and the Committee 

15 on Appropriations of the Senate and the Committee 

16 on the Judiciary and the Committee on Appropria17 tions of the House of Representatives, an annual cer18 tification that— 

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

20 Inspector General of the Department of Justice 

21 under paragraph (2) have been completed and 

22 reviewed by the appropriate Assistant Attorney 

23 General or Director; 

24 ‘‘(B) all mandatory exclusions required 

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


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1 ‘‘(C) all reimbursements required under 

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

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

4 excluded under paragraph (2)(I) during the pre5 ceding fiscal year.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 (1) IN GENERAL.—The Juvenile Justice and De8 linquency Prevention Act of 1974 is amended by 

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

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

11 paragraph (1) shall take effect on the first day of the 

12 first fiscal year beginning after the date of enactment 

13 of this Act. 

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

15 that is barred from receiving grant funds under para16 graph (2) or (7)(B)(ii) of section 407 of the Juvenile 

17 Justice and Delinquency Prevention Act of 1974 (42 

18 U.S.C. 5776a), the amendment made by paragraph 

19 (1) of this subsection shall not affect the applicability 

20 to the entity, or to the Attorney General with respect 

21 to the entity, of paragraph (2), (3), or (7) of such sec22 tion 407, as in effect on the day before the effective 

23 date under paragraph (2) of this subsection. 


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1 TITLE V—JUVENILE ACCOUNT2 ABILITY BLOCK GRANTS 

3 SEC. 501. GRANT ELIGIBILITY. 

4 Section 1802(a) of title I of the Omnibus Crime Con5 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ee–2(a)) 

6 is amended— 

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

8 end; 

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

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

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

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

13 with the core requirements, as defined in section 103 

14 of the Juvenile Justice and Delinquency Prevention 

15 Act of 1974 (42 U.S.C. 5603), applicable to the deten16 tion and confinement of juveniles.’’. 


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Calendar No. 325 

114TH CONGRESS 

1ST SESSION S. 1169 

[Report No. 114–181] 

A BILL 

To reauthorize and improve the Juvenile Justice 

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

DECEMBER 15, 2015 

Reported with an amendment 


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