II 

114TH CONGRESS 

1ST SESSION S. 1169 

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 and Mr. WHITEHOUSE) introduced the following 

bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize and improve the Juvenile Justice and 

Delinquency Prevention Act of 1974, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Delinquency Prevention Reauthorization Act of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—DECLARATION OF PURPOSE AND DEFINITIONS 

Sec. 101. Purposes. 

Sec. 102. Definitions. 


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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. 

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: 


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

2 addressing juvenile crime through the provision of 

3 technical assistance, research, training, evaluation, 

4 and the dissemination of current and relevant infor5 mation on effective and evidence-based programs 

6 and practices for combating juvenile delinquency;’’; 

7 and 

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

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

10 of programs (including delinquency prevention, 

11 intervention, mental health and substance abuse 

12 treatment, and aftercare) to address the needs of at13 risk youth and youth who come into contact with the 

14 justice system.’’. 

15 SEC. 102. DEFINITIONS. 

16 Section 103 of the Juvenile Justice and Delinquency 

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

18 (1) in paragraph (8), by amending subpara19 graph (C) to read as follows: 

20 ‘‘(C) an Indian tribe; or’’; 

21 (2) by amending paragraph (18) to read as fol22 lows: 

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

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1 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

2 479a);’’; 

3 (3) by amending paragraph (22) to read as fol4 lows: 

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

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

7 by a State, unit of local government, or law en8 forcement authority to detain or confine adult 

9 inmates; and 

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

11 a police facility or station in which a portion of 

12 the area is secured to physically restrict the 

13 movement and activity of individuals in lawful 

14 custody;’’; 

15 (4) by amending paragraph (25) to read as fol16 lows: 

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

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

19 not brief and inadvertent;’’; 

20 (5) by amending paragraph (26) to read as fol21 lows: 

22 ‘‘(26) the term ‘adult inmate’— 

23 ‘‘(A) means an individual who— 


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1 ‘‘(i) has reached the age of full crimi2 nal responsibility under applicable State 

3 law; and 

4 ‘‘(ii) has been arrested and is in cus5 tody for or awaiting trial on a criminal 

6 charge, or is convicted of a criminal charge 

7 offense; and 

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

9 ‘‘(i) at the time of the time of the of10 fense, was younger than the maximum age 

11 at which a youth can be held in a juvenile 

12 facility under applicable State law; and 

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

14 custody or supervision, including post15 placement or parole supervision, of a juve16 nile correctional agency by a court of com17 petent jurisdiction or by operation of appli18 cable State law;’’; 

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

20 end; 

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

22 the end and inserting a semicolon; and 

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


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

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

3 (13), (14), and (15) of section 223(a); 

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

5 or injection used to temporarily incapacitate a per6 son, including oleoresin capsicum spray, tear gas, 

7 and 2-chlorobenzalmalononitrile gas; 

8 ‘‘(32) the term ‘isolation’— 

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

10 is confined alone for more than 15 minutes in 

11 a room or cell; and 

12 ‘‘(B) does not include confinement during 

13 regularly scheduled sleeping hours, or for not 

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

15 the room or cell in which the youth usually 

16 sleeps, protective confinement (for injured 

17 youths or youths whose safety is threatened), 

18 separation based on an approved treatment pro19 gram, confinement or separation that is re20 quested by the youth, or the separation of the 

21 youth from a group in a nonlocked setting for 

22 the purpose of calming; 

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

24 given that term in section 591 of the Public Health 

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


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1 ‘‘(34) the term ‘evidence-based’ means a pro2 gram or practice that— 

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

4 implemented with fidelity; 

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

6 empirically supported theory; 

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

8 detailed description of the outcomes produced 

9 in a particular population, in rural and urban 

10 areas; and 

11 ‘‘(D) has been scientifically tested through 

12 randomized control studies or comparison group 

13 studies; 

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

15 practice that is demonstrated to be effective based 

16 on positive outcomes from 1 or more objective, inde17 pendent, and scientifically valid evaluations, as docu18 mented in writing to the Administrator; 

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

20 act, procedure, or program that creates an unreason21 able risk of physical injury, pain, or psychological 

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

23 or program; 

24 ‘‘(37) the term ‘screening’ means a brief proc25 ess— 


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

2 have mental health, behavioral health, sub3 stance abuse, or other needs requiring imme4 diate attention, intervention, and further eval5 uation; and 

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

7 identify a youth with possible mental health, be8 havioral health, substance abuse, or other needs 

9 in need of further assessment; 

10 ‘‘(38) the term ‘assessment’ includes, at a min11 imum, an interview and review of available records 

12 and other pertinent information— 

13 ‘‘(A) by an appropriately trained profes14 sional who meets the criteria of the applicable 

15 State for licensing and education in the mental 

16 health, behavioral health, or substance abuse 

17 field; and 

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

21 during a youth’s confinement; 

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

23 which a youth and the juvenile justice system or 

24 criminal justice system officially intersect, including 


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1 interactions with a juvenile justice, juvenile court, or 

2 law enforcement official; 

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

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

6 physical, psychological, and psychosocial devel7 opment; 

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

9 exposed to violence and trauma and is in need 

10 of help to recover from the adverse impacts of 

11 trauma; and 

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

13 reflect awareness of the adverse impacts of 

14 trauma; 

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

16 means minority youth populations are involved at a 

17 decision point in the juvenile justice system at high18 er rates, incrementally or cumulatively, than non-mi19 nority youth at that decision point; 

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

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

22 has committed an offense that would not be 

23 criminal if committed by an adult; or 

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

25 who is charged with or who has committed an 


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1 offense of purchase or possession of any alco2 holic beverage; and 

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

4 not located in a metropolitan statistical area, as de5 fined by the Office of Management and Budget.’’. 

6 TITLE II—JUVENILE JUSTICE 

7 AND DELINQUENCY PREVEN8 TION 

9 SEC. 201. CONCENTRATION OF FEDERAL EFFORTS. 

10 Section 204 of the Juvenile Justice and Delinquency 

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

12 (1) in subsection (a)— 

13 (A) in paragraph (1), in the first sen14 tence— 

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

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

17 long-term plan to improve the juvenile jus18 tice system in the United States, taking 

19 into account scientific knowledge regarding 

20 adolescent development and behavior and 

21 regarding the effects of delinquency pre22 vention programs and juvenile justice 

23 interventions on adolescents, and shall im24 plement’’; and 


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1 (ii) by striking ‘‘research, and im2 provement of the juvenile justice system in 

3 the United States’’ and inserting ‘‘and re4 search’’; and 

5 (B) in paragraph (2)(B), by striking ‘‘Fed6 eral Register’’ and all that follows and inserting 

7 ‘‘Federal Register during the 30-day period 

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

9 (2) in subsection (b)— 

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

11 the end; 

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

13 and inserting a period; and 

14 (C) by striking paragraph (7). 

15 SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE 

16 AND DELINQUENCY PREVENTION. 

17 Section 206 of the Juvenile Justice and Delinquency 

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

19 (1) in subsection (a)(1)— 

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

21 Substance Abuse and Mental Health Services 

22 Administration, the Secretary of Defense, the 

23 Secretary of Agriculture, the Assistant Sec24 retary for Indian Affairs’’ after ‘‘the Secretary 

25 of Health and Human Services,’’; and 


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1 (B) by striking ‘‘Commissioner of Immi2 gration and Naturalization’’ and inserting ‘‘As3 sistant Secretary for Immigration and Customs 

4 Enforcement’’; and 

5 (2) in subsection (c)— 

6 (A) in paragraph (1), by striking ‘‘para7 graphs (12)(A), (13), and (14) of section 

8 223(a) of this title’’ and inserting ‘‘the core re9 quirements’’; and 

10 (B) in paragraph (2)— 

11 (i) in the matter preceding subpara12 graph (A), by inserting ‘‘, on an annual 

13 basis’’ after ‘‘collectively’’; and 

14 (ii) by striking subparagraph (B) and 

15 inserting the following: 

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

17 completion of the last meeting of the Council 

18 during any fiscal year, submit to the Committee 

19 on Education and Labor of the House of Rep20 resentatives and the Committee on the Judici21 ary of the Senate a report that— 

22 ‘‘(i) contains the recommendations de23 scribed in subparagraph (A); 

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

25 activities conducted by the Council during 


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1 the fiscal year, including a complete de2 tailed accounting of expenses incurred by 

3 the Council to conduct operations in ac4 cordance with this section; 

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

6 the Department of Justice, Office of Juve7 nile Justice and Delinquency Prevention, 

8 and the Council; and 

9 ‘‘(iv) is in addition to the annual re10 port required under section 207.’’. 

11 SEC. 203. ANNUAL REPORT. 

12 Section 207 of the Juvenile Justice and Delinquency 

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

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

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

16 year’’; 

17 (2) in paragraph (1)— 

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

19 ethnicity, as such term is defined by the United 

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

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

22 ‘‘and’’ at the end; 

23 (C) in subparagraph (F)— 

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

25 ‘‘disabilities,’’; and 


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1 (ii) by striking the period at the end 

2 and inserting a semicolon; and 

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

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

5 the applicable fiscal year of the use of restraints 

6 and isolation upon juveniles held in the custody 

7 of secure detention and correctional facilities 

8 operated by a State or unit of local government; 

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

10 petitioned to court, number of status offenders 

11 held in secure detention, the findings used to 

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

14 in secure detention; 

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

16 of secure detention and correctional facilities 

17 operated by a State or unit of local government 

18 who report to being pregnant; and 

19 ‘‘(J) the number of juveniles whose of20 fenses originated on school grounds, during off21 campus activities, or due to a referral by any 

22 school official.’’; 

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 

4 rural and urban areas. 

5 ‘‘(6) A description of funding provided to In6 dian tribes under this Act, or under the Tribal Law 

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

8 Stat. 2261), including direct Federal grants and 

9 funding provided to Indian tribes through a State or 

10 unit of local government. 

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

12 controls at the Office of Juvenile Justice and Delin13 quency Prevention to determine if grantees are fol14 lowing the requirements of the Office of Juvenile 

15 Justice and Delinquency Prevention grant programs 

16 and what remedial action the Office of Juvenile Jus17 tice and Delinquency Prevention has taken to re18 cover any grant funds that are expended in violation 

19 of the grant programs, including instances in 

20 which— 

21 ‘‘(A) supporting documentation was not 

22 provided for cost reports; 

23 ‘‘(B) unauthorized expenditures occurred; 

24 or 


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

2 compliant with program requirements. 

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

4 amount of payments made to grantees that the Of5 fice of Juvenile Justice and Delinquency Prevention 

6 recouped from grantees that were found to be in vio7 lation of policies and procedures of the Office of Ju8 venile Justice and Delinquency Prevention grant 

9 programs, 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 

15 Delinquency Prevention; and 

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

17 Office of Juvenile Justice and Delinquency Pre18 vention.’’. 

19 SEC. 204. ALLOCATION OF FUNDS. 

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

21 the Juvenile Justice and Delinquency Prevention Act of 

22 1974 (42 U.S.C. 5631(b)(1)) is amended by striking ‘‘2 

23 percent’’ and inserting ‘‘5 percent’’. 


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

3 U.S.C. 5632) is amended— 

4 (1) in subsection (a)— 

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

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

7 on the most recent census’’; and 

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

9 inserting the following: 

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

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

12 $75,000,000, then— 

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

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

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

16 and 

17 ‘‘(ii) the amount allocated to the Virgin Is18 lands of the United States, Guam, American 

19 Samoa, and the Commonwealth of the Northern 

20 Mariana Islands for that fiscal year shall be not 

21 less than $75,000. 

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

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

24 $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 Virgin Is6 lands of the United States, Guam, American 

7 Samoa, and the Commonwealth of the Northern 

8 Mariana Islands for that fiscal year shall be not 

9 less than $100,000.’’; 

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

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

12 (3) by inserting after subsection (b) the fol13 lowing: 

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

15 is withheld from a State due to noncompliance with the 

16 core requirements, the funds shall be reallocated for an 

17 improvement grant designed to assist the State in achiev18 ing compliance with the core requirements. 

19 ‘‘(2) The Administrator shall condition a grant de20 scribed in paragraph (1) on the State— 

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

22 developing specific action steps designed to restore 

23 compliance with the core requirements; and 

24 ‘‘(B) semiannually submitting to the Adminis25 trator a report on progress toward implementing the 


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1 specific action steps developed under subparagraph 

2 (A). 

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

4 effective technical assistance directly or through an agree5 ment with a contractor to assist a State receiving an im6 provement grant described in paragraph (1) in achieving 

7 compliance with the core requirements.’’; 

8 (4) in subsection (d), as redesignated, by strik9 ing ‘‘efficient administration, including monitoring, 

10 evaluation, and one full-time staff position’’ and in11 serting ‘‘effective and efficient administration, in12 cluding the designation of not less than 1 person to 

13 coordinate efforts to achieve and sustain compliance 

14 with the core requirements’’; and 

15 (5) in subsection (e), as redesignated, by strik16 ing ‘‘5 per centum of the minimum’’ and inserting 

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

18 SEC. 205. STATE PLANS. 

19 Section 223 of the Juvenile Justice and Delinquency 

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

21 (1) in subsection (a)— 

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

23 by striking ‘‘and shall describe the status of 

24 compliance with State plan requirements’’ and 

25 inserting ‘‘and shall describe how the State plan 


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1 is supported by or takes account of scientific 

2 knowledge regarding adolescent development 

3 and behavior and regarding the effects of delin4 quency prevention programs and juvenile justice 

5 interventions on adolescents. Not later than 45 

6 days after the date on which a plan or amended 

7 plan submitted under this subsection is final8 ized, a State shall make the plan or amended 

9 plan publicly available by posting the plan or 

10 amended plan on the State’s publicly available 

11 website.’’; 

12 (B) in paragraph (3)— 

13 (i) in subparagraph (A)— 

14 (I) in clause (i), by inserting ‘‘ad15 olescent development,’’ after ‘‘con16 cerning’’; 

17 (II) in clause (ii)— 

18 (aa) in subclause (II), by 

19 striking ‘‘counsel for children and 

20 youth’’ and inserting ‘‘publicly 

21 supported court-appointed legal 

22 counsel for children and youth 

23 charged in delinquency matters’’; 

24 (bb) in subclause (III), by 

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1 cation, special education’’ and in2 serting ‘‘children’s mental health, 

3 education, child and adolescent 

4 substance abuse, special edu5 cation, services for youth with 

6 disabilities’’; 

7 (cc) in subclause (V), by 

8 striking ‘‘delinquents or potential 

9 delinquents’’ and inserting ‘‘de10 linquent youth or youth at risk of 

11 delinquency’’; 

12 (dd) in subclause (VI), by 

13 striking ‘‘youth workers involved 

14 with’’ and inserting ‘‘representa15 tives of’’; 

16 (ee) in subclause (VII), by 

17 striking ‘‘and’’ at the end; 

18 (ff) by striking subclause 

19 (VIII) and inserting the fol20 lowing: and 

21 ‘‘(VIII) persons with expertise 

22 and competence in preventing and ad23 dressing mental health and substance 

24 abuse needs in juvenile delinquents 

25 and those at-risk of delinquency; and 


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1 ‘‘(IX) representatives of victim or 

2 witness advocacy groups;’’; 

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

4 ‘‘a majority of which’’ and inserting 

5 ‘‘at least 6’’; 

6 (IV) in clause (iv)— 

7 (aa) by striking ‘‘one fifth of 

8 which’’ and inserting ‘‘3’’; and 

9 (bb) by striking ‘‘24 at the 

10 time of appointment’’ and insert11 ing ‘‘28 at the time of initial ap12 pointment’’; 

13 (ii) in subparagraph (D)(ii)— 

14 (I) by striking ‘‘at least annu15 ally’’ and inserting ‘‘at least every 2 

16 years’’; and 

17 (II) by striking ‘‘requirements of 

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

19 inserting ‘‘core requirements’’; and 

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

21 ‘‘and’’ at the end; 

22 (C) in paragraph (5)— 

23 (i) in the matter preceding subpara24 graph (A), by striking ‘‘section 222(d)’’ 

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


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

2 ‘‘Indian tribes’’ and all that follows 

3 through ‘‘applicable to the detention and 

4 confinement of juveniles’’ and inserting 

5 ‘‘Indian tribes that agree to attempt to 

6 comply with the core requirements applica7 ble to the detention and confinement of ju8 veniles’’; 

9 (D) in paragraph (7)— 

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

11 ‘‘performs law enforcement functions’’ and 

12 inserting ‘‘has jurisdiction’’; and 

13 (ii) in subparagraph (B)— 

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

15 ‘‘and’’ at the end; and 

16 (II) by striking clause (iv) and 

17 inserting the following: 

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

19 detention, including specialized or problem20 solving courts or diversion to home-based 

21 or community-based services that are cul22 turally and linguistically competent or 

23 treatment for those youth in need of men24 tal health, substance abuse, or co-occurring 

25 disorder services at the time such juveniles 


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1 first come into contact with the juvenile 

2 justice system; 

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

4 children housed in secure detention and 

5 corrections facilities who are awaiting 

6 placement in residential treatment pro7 grams; 

8 ‘‘(vi) a plan to engage family mem9 bers, where appropriate, in the design and 

10 delivery of juvenile delinquency prevention 

11 and treatment services, particularly post12 placement; 

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

14 services to address the needs of at-risk 

15 youth or youth who have come into contact 

16 with the juvenile justice system; and 

17 ‘‘(viii) a plan to promote evidence18 based and trauma-informed programs and 

19 practices.’’; 

20 (E) in paragraph (8), by striking ‘‘exist21 ing’’ and inserting ‘‘evidence-based and prom22 ising’’; 

23 (F) in paragraph (9)— 


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1 (i) in the matter preceding subpara2 graph (A) by striking ‘‘section 222(d)’’ and 

3 inserting ‘‘section 222(e)’’; 

4 (ii) in subparagraph (A)(i), by insert5 ing ‘‘status offenders and other’’ before 

6 ‘‘youth who need’’; 

7 (iii) in subparagraph (B)(i)— 

8 (I) by striking ‘‘parents and 

9 other family members’’ and inserting 

10 ‘‘status offenders, other youth, and 

11 the parents and other family members 

12 of such offenders and youth’’; and 

13 (II) by striking ‘‘be retained’’ 

14 and inserting ‘‘remain’’; 

15 (iv) by redesignating subparagraphs 

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

17 through (T), respectively; 

18 (v) in subparagraph (F), in the mat19 ter preceding clause (i), by striking ‘‘ex20 panding’’ and inserting ‘‘programs to ex21 pand’’; 

22 (vi) by inserting after subparagraph 

23 (F), the following: 

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1 hancing capacity for the competent representa2 tion of every child;’’; 

3 (vii) in subparagraph (M), as so re4 designated— 

5 (I) in clause (i), by striking ‘‘re6 straints’’ and inserting ‘‘alternatives’’; 

7 and 

8 (II) in clause (ii)— 

9 (aa) by striking ‘‘by the pro10 vision by the Administrator’’; and 

11 (bb) by striking ‘‘to States’’; 

12 (viii) in subparagraph (S), as so re13 designated, by striking the ‘‘and’’ at the 

14 end; 

15 (ix) in subparagraph (T), as so redes16 ignated— 

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

18 (II) by striking ‘‘and discharge 

19 plans’’ and inserting ‘‘provision of 

20 treatment, and development of dis21 charge plans’’; and 

22 (III) by striking the period at the 

23 end and inserting a semicolon; and 

24 (x) by inserting after subparagraph 

25 (T) the following: 


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1 ‘‘(U) programs and projects designed to in2 form juveniles of the opportunity and process 

3 for expunging juvenile records and to assist ju4 veniles in pursuing juvenile record 

5 expungements for both adjudications and ar6 rests not followed by adjudications; 

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

8 girls in or at risk of entering the juvenile justice 

9 system, including young mothers, survivors of 

10 commercial sexual exploitation or domestic child 

11 sex trafficking, girls with disabilities, and girls 

12 of color, including girls who are members of an 

13 Indian tribe and; 

14 ‘‘(W) monitoring for compliance with the 

15 core requirements and providing training and 

16 technical assistance on the core requirements to 

17 secure facilities.’’; 

18 (G) in paragraph (11)— 

19 (i) in subparagraph (A)— 

20 (I) in the matter preceding clause 

21 (i), by inserting ‘‘and individuals 

22 under 18 years of age who are 

23 charged with or who have committed 

24 an offense of purchase or possession 


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1 of any alcoholic beverage’’ after ‘‘by 

2 an adult’’; and 

3 (II) in the matter following 

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

5 end; 

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

7 ‘‘and’’ at the end; and 

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

10 ‘‘(C) encourage the use of community11 based alternatives to secure detention, including 

12 programs of public and nonprofit entities re13 ceiving a grant under part A of title III;’’; 

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

15 ‘‘contact’’ and inserting ‘‘sight or sound con16 tact’’; 

17 (I) in paragraph (13)— 

18 (i) in the matter preceding subpara19 graph (A)— 

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

21 (II) by inserting ‘‘or securely de22 tained in any facility or building that 

23 contains a jail or lock-up for adult in24 mates’’ after ‘‘lockup for adults’’; and 


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•S 1169 IS

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

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

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 

18 writing, that it is in the interest of justice, juve19 niles awaiting trial or other legal process who 

20 are treated as adults for purposes of prosecu21 tion in criminal court and housed in a secure 

22 facility— 

23 ‘‘(i) shall not have sight or sound con24 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 

6 permit a juvenile to be held in any jail or lock7 up for adults, or have sight or sound contact 

8 with 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 

14 presents an imminent risk of harm to the 

15 juvenile; 

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 meet the specific needs of the juvenile 

23 and to protect the public; 

24 ‘‘(vii) whether placement in a juvenile 

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1 terests of the juvenile and be more likely to 

2 prevent recidivism; 

3 ‘‘(viii) the availability of programs de4 signed to treat the juvenile’s behavioral 

5 problems; and 

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

7 ‘‘(C) if a court determines under subpara8 graph (A) that it is in the interest of justice to 

9 permit a juvenile to be held in any jail or lock10 up for adults— 

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

12 less frequently than once every 30 days, or 

13 in the case of a rural jurisdiction, not less 

14 frequently than once every 45 days, to re15 view whether it is still in the interest of 

16 justice to permit the juvenile to be so held 

17 or have such sight or sound contact; and 

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

19 any jail or lockup for adults, or permitted 

20 to have sight or sound contact with adult 

21 inmates, for more than 180 days, unless 

22 the court, in writing, determines there is 

23 good cause for an extension or the juvenile 

24 expressly waives this limitation; 


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

2 improvement strategies at the State, territorial, 

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

4 reduce racial and ethnic disparities among youth 

5 who come into contact with the juvenile justice sys6 tem, without establishing or requiring numerical 

7 standards or quotas, by— 

8 ‘‘(A) establishing or designating existing 

9 coordinating bodies, composed of juvenile jus10 tice stakeholders, (including representatives of 

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

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

13 local government, and Indian tribes to reduce 

14 racial and ethnic disparities; 

15 ‘‘(B) identifying and analyzing key decision 

16 points in State, local, or tribal juvenile justice 

17 systems to determine which points create racial 

18 and ethnic disparities among youth who come 

19 into contact with the juvenile justice system; 

20 ‘‘(C) developing and implementing data 

21 collection and analysis systems to identify 

22 where racial and ethnic disparities exist in the 

23 juvenile justice system and to track and analyze 

24 such disparities; and 


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1 ‘‘(D) developing and implementing a work 

2 plan that includes measurable objectives for pol3 icy, practice, or other system changes, based on 

4 the needs identified in the data collection and 

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

6 (N) in paragraph (16), as so redesig7 nated— 

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

9 inserting ‘‘effective system’’; 

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

11 ‘‘monitoring jails,’’; 

12 (iii) by inserting ‘‘and’’ after ‘‘deten13 tion facilities,’’; 

14 (iv) by striking ‘‘, and non-secure fa15 cilities’’; 

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

17 ‘‘ensure’’; 

18 (vi) by striking ‘‘requirements of 

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

20 through ‘‘monitoring to the Administrator’’ 

21 and inserting ‘‘core requirements are met, 

22 and for annual reporting to the Adminis23 trator’’; and 

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

25 the Administrator,’’; 


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

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

3 (P) in paragraph (24), as so redesig4 nated— 

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

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

7 appears and inserting ‘‘status offender’’; 

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

9 ‘‘and’’ at the end; 

10 (iii) in subparagraph (C)— 

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

12 ‘‘and’’ at the end; 

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

14 ‘‘and’’ at the end; and 

15 (III) by adding at the end the 

16 following: 

17 ‘‘(iii) if such court determines the sta18 tus offender should be placed in a secure 

19 detention facility or correctional facility for 

20 violating such order— 

21 ‘‘(I) the court shall issue a writ22 ten order that— 

23 ‘‘(aa) identifies the valid 

24 court order that has been vio25 lated; 


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1 ‘‘(bb) specifies the factual 

2 basis for determining that there 

3 is reasonable cause to believe 

4 that the status offender has vio5 lated such order; 

6 ‘‘(cc) includes findings of 

7 fact to support a determination 

8 that there is no appropriate less 

9 restrictive alternative available to 

10 placing the status offender in 

11 such a facility, with due consider12 ation to the best interest of the 

13 juvenile; 

14 ‘‘(dd) specifies the length of 

15 time, not to exceed 7 days, that 

16 the status offender may remain 

17 in a secure detention facility or 

18 correctional facility, and includes 

19 a plan for the status offender’s 

20 release from such facility; and 

21 ‘‘(ee) may not be renewed or 

22 extended; and 

23 ‘‘(II) the court may not issue a 

24 second or subsequent order described 

25 in subclause (I) relating to a status 


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1 offender, unless the status offender 

2 violates a valid court order after the 

3 date on which the court issues an 

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

5 (iv) by adding at the end the fol6 lowing: 

7 ‘‘(D) there are procedures in place to en8 sure that any status offender held in a secure 

9 detention facility or correctional facility pursu10 ant to a court order described in this paragraph 

11 does not remain in custody longer than 7 days 

12 or the length of time authorized by the court, 

13 whichever is shorter; and 

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

15 of enactment of the Juvenile Justice and Delin16 quency Prevention Reauthorization Act of 2015 

17 with a 1-year extension for each additional year 

18 that the State can demonstrate hardship as de19 termined by the Administrator, the State will 

20 eliminate the use of valid court orders to pro21 vide secure confinement of status offenders;’’; 

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

23 by striking ‘‘section 222(d)’’ and inserting ‘‘sec24 tion 222(e)’’; 


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•S 1169 IS

1 (R) in paragraph (27), as so redesig2 nated— 

3 (i) by inserting ‘‘and in accordance 

4 with confidentiality concerns,’’ after ‘‘max5 imum extent practicable,’’; and 

6 (ii) by striking the semicolon at the 

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

8 provide for— 

9 ‘‘(A) a compilation of data reflecting infor10 mation on juveniles entering the juvenile justice 

11 system with a prior reported history as victims 

12 of child abuse or neglect through arrest, court 

13 intake, probation and parole, juvenile detention, 

14 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 victims of child abuse and 

18 neglect who have entered, or are at risk of en19 tering, the juvenile justice system;’’; 

20 (S) in paragraph (28), by striking the pe21 riod at the end and inserting a semicolon; and 

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

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

24 provided under this Act with other Federal and 


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

3 ‘‘(30) develop policies and procedures, and pro4 vide training for facility staff to eliminate the use of 

5 dangerous practices, unreasonable restraints, and 

6 unreasonable isolation, including by developing effec7 tive behavior management techniques; 

8 ‘‘(31) describe— 

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

10 be used to conduct mental health and substance 

11 abuse screening, assessment, referral, and 

12 treatment for juveniles who— 

13 ‘‘(i) request a screening; 

14 ‘‘(ii) show signs of needing a screen15 ing; 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; 

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

20 to provide or arrange for mental health and 

21 substance abuse disorder treatment for juve22 niles determined to be in need of such treat23 ment; and 

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

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1 rative State or local plans to meet the service 

2 needs of juveniles with mental health or sub3 stance abuse needs who come into contact with 

4 the justice system and the families of the juve5 niles, including recognizing trauma histories of 

6 juveniles and providing trauma-informed care; 

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

8 level for juveniles, including— 

9 ‘‘(A) elements of written case plans for ju10 veniles, including if the plan is based on an as11 sessment of the needs of the juvenile and devel12 oped and updated in consultation with the juve13 nile, the family of the juvenile, and, if appro14 priate, counsel for the juvenile; and 

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

16 ‘‘(33) provide that the agency of the State re17 ceiving funds under this Act collaborate with the 

18 State educational agency receiving assistance under 

19 part A of title I of the Elementary and Secondary 

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

21 develop and implement a plan to ensure that, in 

22 order to support educational progress— 

23 ‘‘(A) the student records of adjudicated ju24 veniles, including electronic records if available, 

25 are transferred in a timely manner from the 


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•S 1169 IS

1 educational program in the juvenile detention or 

2 secure treatment facility to the educational or 

3 training program into which the juveniles will 

4 enroll; 

5 ‘‘(B) the credits of adjudicated juveniles 

6 are transferred; and 

7 ‘‘(C) adjudicated juveniles receive full or 

8 partial credit toward high school graduation for 

9 secondary school coursework satisfactorily com10 pleted before and during the period of time dur11 ing which the juveniles are held in custody, re12 gardless of the local educational agency or enti13 ty from which the credits were earned; and 

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

15 State of funds for reentry and aftercare services for 

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

17 (2) in subsection (d)— 

18 (A) by striking ‘‘section 222(d)’’ and in19 serting ‘‘section 222(e)’’; 

20 (B) by striking ‘‘described in paragraphs 

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

22 and inserting ‘‘described in the core require23 ments’’; and 

24 (C) 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 

7 (D); and 

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

9 ‘‘(g) COMPLIANCE DETERMINATION.— 

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

11 after the date of receipt of information indicating 

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

13 the core requirements, the Administrator shall deter14 mine whether the State is in compliance with the 

15 core requirements. 

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

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

18 ‘‘(i) describing any determination de19 scribed in paragraph (1) made during the 

20 previous year, including a summary of the 

21 information on which the determination is 

22 based and the actions to be taken by the 

23 Administrator (including a description of 

24 any reduction imposed under subsection 

25 (c)); and 


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•S 1169 IS

1 ‘‘(ii) for any such determination that 

2 a State is out of compliance with any of 

3 the core requirements, describing the basis 

4 for the determination; and 

5 ‘‘(B) make the report described in sub6 paragraph (A) available on a publicly available 

7 website.’’. 

8 SEC. 206. REALLOCATION OF GRANT FUNDS. 

9 Section 223(c) of the Juvenile Justice and Delin10 quency Prevention Act of 1974 (42 U.S.C. 5633(c)) is 

11 amended to read as follows: 

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

13 requirements in any fiscal year— 

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

15 allocated to such State under section 222 for that 

16 fiscal year shall be reduced by not less than 20 per17 cent for each core requirement with respect to which 

18 the failure occurs; and 

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

20 allocation under such section for such fiscal year un21 less— 

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

23 of the amount allocated to the State for such 

24 fiscal year to achieve compliance with any such 


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•S 1169 IS

1 paragraph with respect to which the State is in 

2 noncompliance; or 

3 ‘‘(ii) the Administrator determines that the 

4 State— 

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

7 with respect to which the State was not in 

8 compliance; and 

9 ‘‘(II) has made, through appropriate 

10 executive, administrative, or legislative ac11 tion, an unequivocal commitment to achiev12 ing full compliance with such applicable re13 quirements within a reasonable time. 

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

15 a fiscal year under paragraph (1)— 

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

17 be reallocated under section 222 to States that have 

18 not failed to comply with the core requirements; and 

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

20 be used by the Administrator to provide additional 

21 training and technical assistance to States relating 

22 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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•S 1169 IS

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 

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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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•S 1169 IS

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 


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74 

•S 1169 IS

1 Act of 1974 (42 U.S.C. 5603), applicable to the de2 tention and confinement of juveniles.’’. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS