[Congressional Record Volume 163, Number 130 (Tuesday, August 1, 2017)]
[Senate]
[Pages S4649-S4659]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUVENILE JUSTICE AND DELINQUENCY PREVENTION REAUTHORIZAITON ACT OF 2017
Mr. GRASSLEY. Mr. President, I rise to speak about the Juvenile
Justice and Delinquency Prevention Reauthorization Act.
I will make some short comments, and then I would like to defer to
Senator Whitehouse, and then I would propound a unanimous consent
request.
I think we will soon be able to pass the Juvenile Justice and
Delinquency Prevention Reauthorization Act. I reintroduced this measure
this year with Senator Whitehouse.
The bill before us is almost the same as the one the Judiciary
Committee cleared by voice vote in the 114th Congress, and it is very
similar to the one we hotlined last year. We hotlined it in April, and
all the Members of this Chamber had several months to review it. We had
one objection, and we cleared it earlier this week.
[[Page S4650]]
The bill would extend a Federal law known as the Juvenile Justice
Delinquency Prevention Act for 5 more years. The centerpiece of this
1974 legislation, which Congress last extended 15 years ago, in 2002,
is its core protections for youth. These core protections call for
juveniles to be kept out of adult facilities, except in very rare
instances. They ensure that juveniles will be kept separated from adult
inmates whenever they are housed in adult facilities. They call for
reducing disproportionate minority contact in State juvenile justice
systems.
States adhering to these requirements receive yearly formula grants
to support their juvenile justice systems.
This bill would promote greater accountability in government
spending. The Judiciary Committee, which I chair, heard from multiple
whistleblowers that reforms are urgently needed to restore the
integrity of the formula grant programs that are the centerpiece of our
current juvenile justice law. The Justice Department's Office of
Juvenile Justice and Delinquency Prevention administers this formula
grant program. This program would be continued for 5 more years under
the bill, but the Justice Department would have to do more oversight if
this bill is enacted.
This bill also calls for evidence-based programs to be accorded
priority in funding. The goal is to ensure that scarce Federal
resources for juvenile justice will be devoted mostly to the programs
that research shows have the greatest merit and will yield the best
results for these young people.
Finally, I want to take this opportunity to thank our many
cosponsors. This bill is truly a bipartisan effort, and many Senators
contributed provisions to strengthen this bill since we introduced it
last April. The bill reflects the latest scientific research on what
works best with at-risk adolescents.
At this point, I would ask that the Presiding Officer turn the floor
over to Senator Whitehouse. I want to thank Senator Whitehouse for
being so persistent in this effort, as well. I thank him for his great
help.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. WHITEHOUSE. Thank you, Mr. President, and thank you, Mr.
Chairman.
Chairman Grassley has been a wonderful colleague in this effort. It
is the culmination of years of work, including multiple committee
hearings, briefings at home in Rhode Island and elsewhere, and really
working the regular order of the Senate to get this done. Chairman
Grassley has been both patient and persistent, and I really appreciate
his leadership.
I also thank our ranking member on the Judiciary Committee, Senator
Feinstein, for her work. I thank Senator Rand Paul. He would have liked
to have seen a stronger bill, but it simply--as would we have, by the
way. He held on for a while, hoping we could strengthen it, but it
turned out there was objection to that--and he was gracious about
yielding--and now we are able to move forward bipartisanly and
unanimously.
The history of the Juvenile Justice and Delinquency Prevention Act is
a noble history. It is because of this law that children aren't locked
up in adult prisons any longer. It is because of this law that children
don't get placed in solitary confinement for extended periods or
shackled when they are arrested for things like running away from home
or not coming to school, but it had been a while since this bill was
updated.
The last time it was reauthorized was 13 years ago, and we have
learned a lot about adolescent development and the best practices for
dealing with children in those 13 years. So we are moving forward
today.
I look forward to working with my chairman on the broad-based
criminal justice reform that he is championing in the committee, but
there is no reason we shouldn't go forward with getting juvenile
justice right while we move on to other areas.
I particularly want to thank him and recognize the groups involved
for the patient work that was done over many years with all sorts of
interested groups. We had to make this right. We wanted to minimize
conflict. We wanted to maximize what we were able to accomplish, and
the result is, we have over 150 organizations that have endorsed this
legislation, from the ACLU to the national association that supports
probation and parole officers, from Boys Town to the National
Association of Counties and the National Center for Victims of Crime.
The bill focuses the way it should, on evidence-based and trauma-
informed programs that have emerged in the last 13 years. It focuses on
protecting juveniles who are held in adult facilities, making sure they
are fully separated in sight and sound from adult inmates. It limits
the narrow circumstances under which they may be confined in isolation,
and it requires data-driven approaches to reduce ethnic and racial
disparities.
We recognize that kids now are much more vulnerable to substance
abuse issues and that they, too, face mental health challenges, and we
try to bring this bill together so States have to provide appropriate
treatment and recognition when the cause of what is going on in that
child's life is substance abuse or a mental health challenge.
We make it a good deal harder to incarcerate for the status offenses.
A status offense is an offense that wouldn't even be an offense if an
adult did it. It is only because you are a child that it is even an
offense at all--skipping school or running away from home and so forth.
There are better ways to deal with those children than incarcerating
them, and we steer in this direction, promoting the community-based
alternatives to the tension.
For instance, we have community courts in Rhode Island that work
really well, where the family is engaged, the child is engaged, and the
community is engaged. They really learn a lesson from what they did.
They have to do something helpful in order to kind of remediate
themselves with their community. It has been very successful. So there
are real things that can be done. Of course, separating a child from
their family in order to try to improve their situation is usually
something that backfires. You need to have the family engaged.
Consistent with Senator Portman's remarks, we also recognize that
very often some of the times that children get in trouble is because
they have been traumatized. They have been either the victim of
violence themselves or witnessed violence in ways that have created
trauma and, in many cases, are sadly the victims of child sex
trafficking.
So we focus on States identifying and responding to those particular
children to make sure, if that is what is behind what is going on, that
those needs are met--simple things. We banned the use of shackles on
girls once they are pregnant. It shouldn't be asking too much, and it
is about time we stopped shackling girls, particularly pregnant girls.
Last, something near and dear to my chairman's heart, it improves the
accountability and the oversight of the Federal grants program. I know
that has been a goal he has pursued for a long time. The chairman is
one of the most determined Members of the Senate when it comes to
transparency and accountability, and so I am very pleased to be his
partner in that particular piece of the bill.
With that, I yield the floor back to Chairman Grassley so he may take
us through the formal steps of passing this law. It is a very happy
moment for me, and I extend my appreciation to Chairman Grassley.
The PRESIDING OFFICER. The Senator from Iowa.
Mr. GRASSLEY. Mr. President, once again, thanks to Senator Whitehouse
for his cooperation and working so hard over the course of the last two
Congresses to get this done.
I ask unanimous consent that the Judiciary Committee be discharged
from further consideration of S. 860 and the Senate proceed to its
immediate consideration.
The PRESIDING OFFICER. Without objection, it is so ordered.
The clerk will report the bill by title.
The bill clerk read as follows:
A bill (S. 860) to reauthorize and improve the Juvenile
Justice and Delinquency Prevention Act of 1974, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the
Grassley amendment at the desk be considered and agreed to and the
bill, as amended, be considered read a third time.
[[Page S4651]]
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 741) was agreed to, as follows:
(Purpose: To improve the bill)
Beginning on page 40, strike line 23 and all that follows
through page 41, line 23.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Mr. GRASSLEY. Mr. President, I know of no further debate on the bill.
The PRESIDING OFFICER. Is there any further debate on the bill?
Hearing none, the bill having been read the third time, the question
is, Shall it pass?
The bill (S. 860), as amended, was passed, as follows:
S. 860
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice and
Delinquency Prevention Reauthorization Act of 2017''.
SEC. 2. TABLE OF CONTENTS.
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.
TITLE I--DECLARATION OF PURPOSE AND DEFINITIONS
SEC. 101. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5602) is amended--
(1) in paragraph (1), by inserting ``, tribal,'' after
``State'';
(2) in paragraph (2)--
(A) by inserting ``, tribal,'' after ``State''; and
(B) by striking ``and'' at the end;
(3) by amending paragraph (3) to read as follows:
``(3) to assist State, tribal, and local governments in
addressing juvenile crime through the provision of technical
assistance, research, training, evaluation, and the
dissemination of current and relevant information on
effective and evidence-based programs and practices for
combating juvenile delinquency; and''; and
(4) by adding at the end the following:
``(4) to support a continuum of evidence-based or promising
programs (including delinquency prevention, intervention,
mental health and substance abuse treatment, family services,
and services for children exposed to violence) that are
trauma informed, reflect the science of adolescent
development, and are designed to meet the needs of at-risk
youth and youth who come into contact with the justice
system.''.
SEC. 102. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (8)--
(A) in subparagraph (B)(ii), by adding ``or'' at the end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as subparagraph (C);
(2) by amending paragraph (18) to read as follows:
``(18) the term `Indian tribe' means a federally recognized
Indian tribe or an Alaskan Native organization that has a law
enforcement function, as determined by the Secretary of the
Interior in consultation with the Attorney General;''.
(3) by amending paragraph (22) to read as follows:
``(22) the term `jail or lockup for adults' means a secure
facility that is used by a State, unit of local government,
or law enforcement authority to detain or confine adult
inmates;'';
(4) by amending paragraph (25) to read as follows:
``(25) the term `sight or sound contact' means any
physical, clear visual, or verbal contact that is not brief
and inadvertent;'';
(5) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal responsibility
under applicable State law; and
``(ii) has been arrested and is in custody for or awaiting
trial on a criminal charge, or is convicted of a criminal
offense; and
``(B) does not include an individual who--
``(i) at the time of the offense, was younger than the
maximum age at which a youth can be held in a juvenile
facility under applicable State law; and
``(ii) was committed to the care and custody or
supervision, including post-placement or parole supervision,
of a juvenile correctional agency by a court of competent
jurisdiction or by operation of applicable State law;'';
(6) in paragraph (28), by striking ``and'' at the end;
(7) in paragraph (29), by striking the period at the end
and inserting a semicolon; and
(8) by adding at the end the following:
``(30) the term `core requirements'--
``(A) means the requirements described in paragraphs (11),
(12), (13), and (15) of section 223(a); and
``(B) does not include the data collection requirements
described in subparagraphs (A) through (K) of section 207(1);
``(31) the term `chemical agent' means a spray or injection
used to temporarily incapacitate a person, including
oleoresin capsicum spray, tear gas, and 2-
chlorobenzalmalononitrile gas;
``(32) the term `isolation'--
``(A) means any instance in which a youth is confined alone
for more than 15 minutes in a room or cell; and
``(B) does not include--
``(i) confinement during regularly scheduled sleeping
hours;
``(ii) separation based on a treatment program approved by
a licensed medical or mental health professional;
``(iii) confinement or separation that is requested by the
youth; or
``(iv) the separation of the youth from a group in a
nonlocked setting for the limited purpose of calming;
``(33) the term `restraints' has the meaning given that
term in section 591 of the Public Health Service Act (42
U.S.C. 290ii);
``(34) the term `evidence-based' means a program or
practice that--
``(A) is demonstrated to be effective when implemented with
fidelity;
``(B) is based on a clearly articulated and empirically
supported theory;
``(C) has measurable outcomes relevant to juvenile justice,
including a detailed description of the outcomes produced in
a particular population, whether urban or rural; and
``(D) has been scientifically tested and proven effective
through randomized control studies or comparison group
studies and with the ability to replicate and scale;
``(35) the term `promising' means a program or practice
that--
``(A) is demonstrated to be effective based on positive
outcomes relevant to juvenile justice from one or more
objective, independent, and scientifically valid evaluations,
as documented in writing to the Administrator; and
``(B) will be evaluated through a well-designed and
rigorous study, as described in paragraph (34)(D);
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, procedure, or program;
``(37) the term `screening' means a brief process--
``(A) designed to identify youth who may have mental
health, behavioral health, substance abuse, or other needs
requiring immediate attention, intervention, and further
evaluation; and
``(B) the purpose of which is to quickly identify a youth
with possible mental health, behavioral health, substance
abuse, or other needs in need of further assessment;
``(38) the term `assessment' includes, at a minimum, an
interview and review of available records and other pertinent
information--
``(A) by an appropriately trained professional who is
licensed or certified by the applicable State in the mental
health, behavioral health, or substance abuse fields; and
``(B) which is designed to identify significant mental
health, behavioral health, or substance abuse treatment needs
to be addressed during a youth's confinement;
``(39) for purposes of section 223(a)(15), the term
`contact' means the points at which a youth and the juvenile
justice system or criminal justice system officially
intersect, including interactions with a juvenile justice,
juvenile court, or law enforcement official;
``(40) the term `trauma-informed' means--
``(A) understanding the impact that exposure to violence
and trauma have on a youth's physical, psychological, and
psychosocial development;
``(B) recognizing when a youth has been exposed to violence
and trauma and is in need
[[Page S4652]]
of help to recover from the adverse impacts of trauma; and
``(C) responding in ways that resist retraumatization;
``(41) the term `racial and ethnic disparity' means
minority youth populations are involved at a decision point
in the juvenile justice system at higher rates, incrementally
or cumulatively, than non-minority youth at that decision
point;
``(42) the term `status offender' means a juvenile who is
charged with or who has committed an offense that would not
be criminal if committed by an adult;
``(43) the term `rural' means an area that is not located
in a metropolitan statistical area, as defined by the Office
of Management and Budget;
``(44) the term `internal controls' means a process
implemented to provide reasonable assurance regarding the
achievement of objectives in--
``(A) effectiveness and efficiency of operations, such as
grant management practices;
``(B) reliability of reporting for internal and external
use; and
``(C) compliance with applicable laws and regulations, as
well as recommendations of the Office of Inspector General
and the Government Accountability Office; and
``(45) the term `tribal government' means the governing
body of an Indian tribe.''.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``a long-term plan, and implement'' and
inserting the following: ``a long-term plan to improve the
juvenile justice system in the United States, taking into
account scientific knowledge regarding adolescent development
and behavior and regarding the effects of delinquency
prevention programs and juvenile justice interventions on
adolescents, and shall implement''; and
(ii) by striking ``research, and improvement of the
juvenile justice system in the United States'' and inserting
``and research''; and
(B) in paragraph (2)(B), by striking ``Federal Register''
and all that follows and inserting ``Federal Register during
the 30-day period ending on October 1 of each year.''; and
(2) in subsection (b)--
(A) by striking paragraph (7);
(B) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
(C) by inserting after paragraph (4), the following:
``(5) not later than 1 year after the date of enactment of
the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2017, in consultation with Indian
tribes, develop a policy for the Office of Juvenile Justice
and Delinquency Prevention to collaborate with
representatives of Indian tribes with a criminal justice
function on the implementation of the provisions of this Act
relating to Indian tribes;'';
(D) in paragraph (6), as so redesignated, by adding ``and''
at the end; and
(E) in paragraph (7), as so redesignated--
(i) by striking ``monitoring'';
(ii) by striking ``section 223(a)(15)'' and inserting
``section 223(a)(16)''; and
(iii) by striking ``to review the adequacy of such systems;
and'' and inserting ``for monitoring compliance.''.
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND
DELINQUENCY PREVENTION.
Section 206 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5616) is amended--
(1) in subsection (a)
(A) in paragraph (1)--
(i) by inserting ``the Administrator of the Substance Abuse
and Mental Health Services Administration, the Secretary of
the Interior,'' after ``the Secretary of Health and Human
Services,''; and
(ii) by striking ``Commissioner of Immigration and
Naturalization'' and inserting ``Assistant Secretary for
Immigration and Customs Enforcement''; and
(B) in paragraph (2), by striking ``United States'' and
inserting ``Federal Government''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs (12)(A),
(13), and (14) of section 223(a) of this title'' and
inserting ``the core requirements''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting
``, on an annual basis'' after ``collectively''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) not later than 120 days after the completion of the
last meeting of the Council during any fiscal year, submit to
the Committee on Education and the Workforce of the House of
Representatives and the Committee on the Judiciary of the
Senate a report that--
``(i) contains the recommendations described in
subparagraph (A);
``(ii) includes a detailed account of the activities
conducted by the Council during the fiscal year, including a
complete detailed accounting of expenses incurred by the
Council to conduct operations in accordance with this
section;
``(iii) is published on the websites of the Office of
Juvenile Justice and Delinquency Prevention, the Council, and
the Department of Justice; and
``(iv) is in addition to the annual report required under
section 207.''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5617) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``and gender'' and
inserting ``, gender, and ethnicity, as such term is defined
by the Bureau of the Census,'';
(B) in subparagraph (E), by striking ``and'' at the end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before ``disabilities,'';
and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(G) a summary of data from 1 month of the applicable
fiscal year of the use of restraints and isolation upon
juveniles held in the custody of secure detention and
correctional facilities operated by a State or unit of local
government;
``(H) the number of status offense cases petitioned to
court, number of status offenders held in secure detention,
the findings used to justify the use of secure detention, and
the average period of time a status offender was held in
secure detention;
``(I) the number of juveniles released from custody and the
type of living arrangement to which they are released;
``(J) the number of juveniles whose offense originated on
school grounds, during school-sponsored off-campus
activities, or due to a referral by a school official, as
collected and reported by the Department of Education or
similar State educational agency; and
``(K) the number of juveniles in the custody of secure
detention and correctional facilities operated by a State or
unit of local government who report being pregnant.''; and
(3) by adding at the end the following:
``(5) A description of the criteria used to determine what
programs qualify as evidence-based and promising programs
under this title and title V and a comprehensive list of
those programs the Administrator has determined meet such
criteria in both rural and urban areas.
``(6) A description of funding provided to Indian tribes
under this Act or for a juvenile delinquency or prevention
program under the Tribal Law and Order Act of 2010 (Public
Law 111-211; 124 Stat. 2261), including direct Federal grants
and funding provided to Indian tribes through a State or unit
of local government.
``(7) An analysis and evaluation of the internal controls
at the Office of Juvenile Justice and Delinquency Prevention
to determine if grantees are following the requirements of
the Office of Juvenile Justice and Delinquency Prevention
grant programs and what remedial action the Office of
Juvenile Justice and Delinquency Prevention has taken to
recover any grant funds that are expended in violation of the
grant programs, including instances--
``(A) in which supporting documentation was not provided
for cost reports;
``(B) where unauthorized expenditures occurred; or
``(C) where subrecipients of grant funds were not compliant
with program requirements.
``(8) An analysis and evaluation of the total amount of
payments made to grantees that the Office of Juvenile Justice
and Delinquency Prevention recouped from grantees that were
found to be in violation of policies and procedures of the
Office of Juvenile Justice and Delinquency Prevention grant
programs, including--
``(A) the full name and location of the grantee;
``(B) the violation of the program found;
``(C) the amount of funds sought to be recouped by the
Office of Juvenile Justice and Delinquency Prevention; and
``(D) the actual amount recouped by the Office of Juvenile
Justice and Delinquency Prevention.''.
SEC. 204. ALLOCATION OF FUNDS.
(a) Technical Assistance.--Section 221(b)(1) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42
U.S.C. 5631(b)(1)) is amended by striking ``2 percent'' and
inserting ``5 percent''.
(b) Other Allocations.--Section 222 of the Juvenile Justice
and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``age eighteen'' and
inserting ``18 years of age, based on the most recent data
available from the Bureau of the Census''; and
(B) by striking paragraphs (2) and (3) and inserting the
following:
``(2)(A) If the aggregate amount appropriated for a fiscal
year to carry out this title is less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not
less than $400,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American
[[Page S4653]]
Samoa, and the Commonwealth of the Northern Mariana Islands
for that fiscal year shall be not less than $75,000.
``(B) If the aggregate amount appropriated for a fiscal
year to carry out this title is not less than $75,000,000,
then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not
less than $600,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not
less than $100,000.'';
(2) in subsection (c), by striking ``efficient
administration, including monitoring, evaluation, and one
full-time staff position'' and inserting ``effective and
efficient administration of funds, including the designation
of not less than 1 individual who shall coordinate efforts to
achieve and sustain compliance with the core requirements and
certify whether the State is in compliance with such
requirements''; and
(3) in subsection (d), by striking ``5 per centum of the
minimum'' and inserting ``not more than 5 percent of the''.
SEC. 205. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``and shall describe the status of compliance with State plan
requirements.'' and inserting ``and shall describe how the
State plan is supported by or takes account of scientific
knowledge regarding adolescent development and behavior and
regarding the effects of delinquency prevention programs and
juvenile justice interventions on adolescents. Not later than
60 days after the date on which a plan or amended plan
submitted under this subsection is finalized, a State shall
make the plan or amended plan publicly available by posting
the plan or amended plan on the State's publicly available
website.'';
(B) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting ``adolescent development,''
after ``concerning'';
(II) in clause (ii)--
(aa) in subclause (II), by striking ``counsel for children
and youth'' and inserting ``publicly supported court-
appointed legal counsel for juveniles charged with an act of
juvenile delinquency or a status offense, consistent with
other Federal law'';
(bb) in subclause (III), by striking ``mental health,
education, special education'' and inserting ``child and
adolescent mental health, education, child and adolescent
substance abuse, special education, services for youth with
disabilities'';
(cc) in subclause (V), by striking ``delinquents or
potential delinquents'' and inserting ``delinquent youth or
youth at risk of delinquency'';
(dd) in subclause (VI), by striking ``youth workers
involved with'' and inserting ``representatives of'';
(ee) in subclause (VII), by striking ``and'' at the end;
(ff) by striking subclause (VIII) and inserting the
following:
``(VIII) persons, licensed or certified by the applicable
State, with expertise and competence in preventing and
addressing mental health and substance abuse needs in
juvenile delinquents and those at-risk of delinquency;
``(IX) representatives of victim or witness advocacy
groups, including at least 1 individual with expertise in
addressing the challenges of sexual abuse and exploitation
and trauma; and
``(X) for a State in which one or more Indian tribes are
located, an Indian tribal representative or, if such Indian
tribal representative is unavailable, other individual with
significant expertise in tribal law enforcement and juvenile
justice in Indian tribal communities;'';
(III) in clause (iv), by striking ``24 at the time of
appointment'' and inserting ``28 at the time of initial
appointment''; and
(IV) in clause (v) by inserting ``or, if not feasible and
in appropriate circumstances, who is the parent or guardian
of someone who has been or is currently under the
jurisdiction of the juvenile justice system'' after
``juvenile justice system'';
(ii) in subparagraph (C), by striking ``30 days'' and
inserting ``45 days''; and
(iii) in subparagraph (D)(ii), by striking ``at least
annually recommendations regarding State compliance with the
requirements of paragraphs (11), (12), and (13)'' and
inserting ``at least every 2 years a report and necessary
recommendations regarding State compliance with the core
requirements''; and
(iv) in subparagraph (E)--
(I) in clause (i), by adding ``and'' at the end; and
(II) in clause (ii), by striking the period at the end and
inserting a semicolon;
(C) in paragraph (5)(C), by striking ``Indian tribes'' and
all that follows through ``applicable to the detention and
confinement of juveniles'' and inserting ``Indian tribes that
agree to attempt to comply with the core requirements
applicable to the detention and confinement of juveniles'';
(D) in paragraph (7)--
(i) in subparagraph (A), by striking ``performs law
enforcement functions'' and inserting ``has jurisdiction'';
and
(ii) in subparagraph (B)--
(I) in clause (iii), by striking ``and'' at the end; and
(II) by striking clause (iv) and inserting the following:
``(iv) a plan to provide alternatives to detention for
status offenders, juveniles who have been induced to perform
commercial sex acts, and others, where appropriate, such as
specialized or problem-solving courts or diversion to home-
based or community-based services or treatment for those
youth in need of mental health, substance abuse, or co-
occurring disorder services at the time such juveniles first
come into contact with the juvenile justice system;
``(v) a plan to reduce the number of children housed in
secure detention and corrections facilities who are awaiting
placement in residential treatment programs;
``(vi) a plan to engage family members, where appropriate,
in the design and delivery of juvenile delinquency prevention
and treatment services, particularly post-placement;
``(vii) a plan to use community-based services to respond
to the needs of at-risk youth or youth who have come into
contact with the juvenile justice system;
``(viii) a plan to promote evidence-based and trauma-
informed programs and practices; and
``(ix) not later than 1 year after the date of enactment of
the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2017, a plan, which shall be
implemented not later than 2 years after the date of
enactment of the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2017, to--
``(I) eliminate the use of restraints of known pregnant
juveniles housed in secure juvenile detention and correction
facilities, during labor, delivery, and post-partum recovery,
unless credible, reasonable grounds exist to believe the
detainee presents an immediate and serious threat of hurting
herself, staff, or others; and
``(II) eliminate the use of abdominal restraints, leg and
ankle restraints, wrist restraints behind the back, and four-
point restraints on known pregnant juveniles, unless--
``(aa) credible, reasonable grounds exist to believe the
detainee presents an immediate and serious threat of hurting
herself, staff, or others; or
``(bb) reasonable grounds exist to believe the detainee
presents an immediate and credible risk of escape that cannot
be reasonably minimized through any other method;'';
(E) in paragraph (8), by striking ``existing'' and
inserting ``evidence-based and promising'';
(F) in paragraph (9)--
(i) in the matter preceding subparagraph (A), by inserting
``, with priority in funding given to entities meeting the
criteria for evidence-based or promising programs'' after
``used for'';
(ii) in subparagraph (A)(i), by inserting ``status
offenders and other'' before ``youth who need'';
(iii) in subparagraph (B)(i)--
(I) by striking ``parents and other family members'' and
inserting ``status offenders, other youth, and the parents
and other family members of such offenders and youth''; and
(II) by striking ``be retained'' and inserting ``remain'';
(iv) in subparagraph (E)--
(I) in the matter preceding clause (i), by striking
``delinquent'' and inserting ``at-risk or delinquent youth'';
and
(II) in clause (i), by inserting ``, including for truancy
prevention and reduction'' before the semicolon;
(v) by redesignating subparagraphs (G) through (S) as
subparagraphs (H) through (T), respectively;
(vi) in subparagraph (F), in the matter preceding clause
(i), by striking ``expanding'' and inserting ``programs to
expand'';
(vii) by inserting after subparagraph (F), the following:
``(G) expanding access to publicly supported, court-
appointed legal counsel and enhancing capacity for the
competent representation of every child, consistent with
other Federal law;'';
(viii) in subparagraph (H), as so redesignated, by striking
``State,'' each place the term appears and inserting ``State,
tribal,'';
(ix) in subparagraph (M), as so redesignated--
(I) in clause (i)--
(aa) by inserting ``pre-adjudication and'' before ``post-
adjudication'';
(bb) by striking ``restraints'' and inserting
``alternatives''; and
(cc) by inserting ``specialized or problem-solving
courts,'' after ``(including''; and
(II) in clause (ii)--
(aa) by striking ``by the provision by the Administrator'';
and
(bb) by striking ``to States'';
(x) in subparagraph (N), as redesignated--
(I) by inserting ``and reduce the risk of recidivism''
after ``families''; and
(II) by striking ``so that juveniles may be retained in
their homes'';
(xi) in subparagraph (S), as so redesignated, by striking
``and'' at the end;
(xii) in subparagraph (T), as so redesignated--
(I) by inserting ``or co-occurring disorder'' after
``mental health'';
(II) by inserting ``court-involved or'' before
``incarcerated'';
(III) by striking ``suspected to be'';
(IV) by striking ``and discharge plans'' and inserting
``provision of treatment, and development of discharge
plans''; and
(V) by striking the period at the end and inserting a
semicolon; and
[[Page S4654]]
(xiii) by inserting after subparagraph (T) the following:
``(U) programs and projects designed to inform juveniles of
the opportunity and process for expunging juvenile records
and to assist juveniles in pursuing juvenile record
expungements for both adjudications and arrests not followed
by adjudications;
``(V) programs that address the needs of girls in or at
risk of entering the juvenile justice system, including
pregnant girls, young mothers, survivors of commercial sexual
exploitation or domestic child sex trafficking, girls with
disabilities, and girls of color, including girls who are
members of an Indian tribe; and
``(W) monitoring for compliance with the core requirements
and providing training and technical assistance on the core
requirements to secure facilities;'';
(G) by striking paragraph (11) and inserting the following:
``(11)(A) in accordance with rules issued by the
Administrator, provide that a juvenile shall not be placed in
a secure detention facility or a secure correctional
facility, if--
``(i) the juvenile is charged with or has committed an
offense that would not be criminal if committed by an adult,
excluding--
``(I) a juvenile who is charged with or has committed a
violation of section 922(x)(2) of title 18, United States
Code, or of a similar State law;
``(II) a juvenile who is charged with or has committed a
violation of a valid court order issued and reviewed in
accordance with paragraph (23); and
``(III) a juvenile who is held in accordance with the
Interstate Compact on Juveniles as enacted by the State; or
``(ii) the juvenile--
``(I) is not charged with any offense; and
``(II)(aa) is an alien; or
``(bb) is alleged to be dependent, neglected, or abused;
and
``(B) require that--
``(i) not later than 3 years after the date of enactment of
the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2017, unless a court finds, after a
hearing and in writing, that it is in the interest of
justice, juveniles awaiting trial or other legal process who
are treated as adults for purposes of prosecution in criminal
court and housed in a secure facility--
``(I) shall not have sight or sound contact with adult
inmates; and
``(II) except as provided in paragraph (13), may not be
held in any jail or lockup for adults;
``(ii) in determining under subparagraph (A) whether it is
in the interest of justice to permit a juvenile to be held in
any jail or lockup for adults, or have sight or sound contact
with adult inmates, a court shall consider--
``(I) the age of the juvenile;
``(II) the physical and mental maturity of the juvenile;
``(III) the present mental state of the juvenile, including
whether the juvenile presents an imminent risk of harm to the
juvenile;
``(IV) the nature and circumstances of the alleged offense;
``(V) the juvenile's history of prior delinquent acts;
``(VI) the relative ability of the available adult and
juvenile detention facilities to not only meet the specific
needs of the juvenile but also to protect the safety of the
public as well as other detained youth; and
``(VII) any other relevant factor; and
``(iii) if a court determines under subparagraph (A) that
it is in the interest of justice to permit a juvenile to be
held in any jail or lockup for adults--
``(I) the court shall hold a hearing not less frequently
than once every 30 days, or in the case of a rural
jurisdiction, not less frequently than once every 45 days, to
review whether it is still in the interest of justice to
permit the juvenile to be so held or have such sight or sound
contact; and
``(II) the juvenile shall not be held in any jail or lockup
for adults, or permitted to have sight or sound contact with
adult inmates, for more than 180 days, unless the court, in
writing, determines there is good cause for an extension or
the juvenile expressly waives this limitation;''.
(H) in paragraph (12)(A), by striking ``contact'' and
inserting ``sight or sound contact'';
(I) in paragraph (13), by striking ``contact'' each place
it appears and inserting ``sight or sound contact'';
(J) by striking paragraphs (22) and (27);
(K) by redesignating paragraph (28) as paragraph (27);
(L) by redesignating paragraphs (15) through (21) as
paragraphs (16) through (22), respectively;
(M) by inserting after paragraph (14) the following:
``(15) implement policy, practice, and system improvement
strategies at the State, territorial, local, and tribal
levels, as applicable, to identify and reduce racial and
ethnic disparities among youth who come into contact with the
juvenile justice system, without establishing or requiring
numerical standards or quotas, by--
``(A) establishing or designating existing coordinating
bodies, composed of juvenile justice stakeholders, (including
representatives of the educational system) at the State,
local, or tribal levels, to advise efforts by States, units
of local government, and Indian tribes to reduce racial and
ethnic disparities;
``(B) identifying and analyzing key decision points in
State, local, or tribal juvenile justice systems to determine
which points create racial and ethnic disparities among youth
who come into contact with the juvenile justice system; and
``(C) developing and implementing a work plan that includes
measurable objectives for policy, practice, or other system
changes, based on the needs identified in the data collection
and analysis under subparagraph (B);'';
(N) in paragraph (15), as so redesignated--
(i) by striking ``adequate system'' and inserting
``effective system'';
(ii) by inserting ``lock-ups,'' after ``monitoring
jails,'';
(iii) by inserting ``and'' after ``detention facilities,'';
(iv) by striking ``, and non-secure facilities'';
(v) by striking ``insure'' and inserting ``ensure'';
(vi) by striking ``requirements of paragraph (11),'' and
all that follows through ``monitoring to the Administrator''
and inserting ``core requirements are met, and for annual
reporting to the Administrator''; and
(vii) by striking ``, in the opinion of the
Administrator,'';
(O) in paragraph (16), as so redesignated, by inserting
``ethnicity,'' after ``race,'';
(P) in paragraph (21), as so redesignated, by striking
``local,'' each place the term appears and inserting ``local,
tribal,'';
(Q) in paragraph (23)--
(i) in subparagraphs (A), (B), and (C), by striking
``juvenile'' each place it appears and inserting ``status
offender'';
(ii) in subparagraph (B), by striking ``and'' at the end;
(iii) in subparagraph (C)--
(I) in clause (i), by striking ``and'' at the end;
(II) in clause (ii), by adding ``and'' at the end; and
(III) by adding at the end the following:
``(iii) if such court determines the status offender should
be placed in a secure detention facility or correctional
facility for violating such order--
``(I) the court shall issue a written order that--
``(aa) identifies the valid court order that has been
violated;
``(bb) specifies the factual basis for determining that
there is reasonable cause to believe that the status offender
has violated such order;
``(cc) includes findings of fact to support a determination
that there is no appropriate less restrictive alternative
available to placing the status offender in such a facility,
with due consideration to the best interest of the juvenile;
``(dd) specifies the length of time, not to exceed 7 days,
that the status offender may remain in a secure detention
facility or correctional facility, and includes a plan for
the status offender's release from such facility; and
``(ee) may not be renewed or extended; and
``(II) the court may not issue a second or subsequent order
described in subclause (I) relating to a status offender,
unless the status offender violates a valid court order after
the date on which the court issues an order described in
subclause (I);''; and
(iv) by adding at the end the following:
``(D) there are procedures in place to ensure that any
status offender held in a secure detention facility or
correctional facility pursuant to a court order described in
this paragraph does not remain in custody longer than 7 days
or the length of time authorized by the court, whichever is
shorter; and''
(R) in paragraph (26)--
(i) by inserting ``and in accordance with confidentiality
concerns,'' after ``maximum extent practicable,''; and
(ii) by striking the semicolon at the end and inserting the
following: ``, so as to provide for--
``(A) data in child abuse or neglect reports relating to
juveniles entering the juvenile justice system with a prior
reported history of arrest, court intake, probation and
parole, juvenile detention, and corrections; and
``(B) a plan to use the data described in subparagraph (A)
to provide necessary services for the treatment of such
victims of child abuse or neglect;'';
(S) in paragraph (27), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(T) by adding at the end the following:
``(28) provide for the coordinated use of funds provided
under this Act with other Federal and State funds directed at
juvenile delinquency prevention and intervention programs;
``(29) describe the policies, procedures, and training in
effect for the staff of juvenile State correctional
facilities to eliminate the use of dangerous practices,
unreasonable restraints, and unreasonable isolation,
including by developing effective behavior management
techniques;
``(30) describe--
``(A) the evidence-based methods that will be used to
conduct mental health and substance abuse screening,
assessment, referral, and treatment for juveniles who--
``(i) request a screening;
``(ii) show signs of needing a screening; or
``(iii) are held for a period of more than 24 hours in a
secure facility that provides for an initial screening; and
``(B) how the State will seek, to the extent practicable,
to provide or arrange for mental
[[Page S4655]]
health and substance abuse disorder treatment for juveniles
determined to be in need of such treatment;
``(31) describe how reentry planning by the State for
juveniles will include--
``(A) a written case plan based on an assessment of needs
that includes--
``(i) the pre-release and post-release plans for the
juveniles;
``(ii) the living arrangement to which the juveniles are to
be discharged; and
``(iii) any other plans developed for the juveniles based
on an individualized assessment; and
``(B) review processes;
``(32) provide that the agency of the State receiving funds
under this Act collaborate with the State educational agency
receiving assistance under part A of title I of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
6311 et seq.) to develop and implement a plan to ensure that,
in order to support educational progress--
``(A) the student records of adjudicated juveniles,
including electronic records if available, are transferred in
a timely manner from the educational program in the juvenile
detention or secure treatment facility to the educational or
training program into which the juveniles will enroll;
``(B) the credits of adjudicated juveniles are transferred;
and
``(C) adjudicated juveniles receive full or partial credit
toward high school graduation for secondary school coursework
satisfactorily completed before and during the period of time
during which the juveniles are held in custody, regardless of
the local educational agency or entity from which the credits
were earned; and
``(33) describe policies and procedures to--
``(A) screen for, identify, and document in records of the
State the identification of victims of domestic human
trafficking, or those at risk of such trafficking, upon
intake; and
``(B) divert youth described in subparagraph (A) to
appropriate programs or services, to the extent
practicable.'';
(2) in subsection (d)--
(A) by striking ``described in paragraphs (11), (12), (13),
and (21) of subsection (a)'' and inserting ``described in the
core requirements''; and
(B) by striking ``the requirements under paragraphs (11),
(12), (13), and (21) of subsection (a)'' and inserting ``the
core requirements'';
(3) in subsection (f)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E) and
subparagraphs (A) through (D), respectively; and
(4) by adding at the end the following:
``(g) Compliance Determination.--
``(1) In general.--For each fiscal year, the Administrator
shall make a determination regarding whether each State
receiving a grant under this Act is in compliance or out of
compliance with respect to each of the core requirements.
``(2) Reporting.--The Administrator shall--
``(A) issue an annual public report--
``(i) describing any determination described in paragraph
(1) made during the previous year, including a summary of the
information on which the determination is based and the
actions to be taken by the Administrator (including a
description of any reduction imposed under subsection (c));
and
``(ii) for any such determination that a State is out of
compliance with any of the core requirements, describing the
basis for the determination; and
``(B) make the report described in subparagraph (A)
available on a publicly available website.
``(3) Determinations required.--The Administrator may not--
``(A) determine that a State is `not out of compliance', or
issue any other determination not described in paragraph (1),
with respect to any core requirement; or
``(B) otherwise fail to make the compliance determinations
required under paragraph (1).''.
SEC. 206. REALLOCATION OF GRANT FUNDS.
Section 223(c) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5633(c)) is amended to read
as follows:
``(c)(1) If a State fails to comply with any of the core
requirements in any fiscal year, then--
``(A) subject to subparagraph (B), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 20 percent for each core
requirement with respect to which the failure occurs; and
``(B) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(i) the State agrees to expend 50 percent of the amount
allocated to the State for such fiscal year to achieve
compliance with any such paragraph with respect to which the
State is in noncompliance; or
``(ii) the Administrator determines that the State--
``(I) has achieved substantial compliance with such
applicable requirements with respect to which the State was
not in compliance; and
``(II) has made, through appropriate executive or
legislative action, an unequivocal commitment to achieving
full compliance with such applicable requirements within a
reasonable time.
``(2) Of the total amount of funds not allocated for a
fiscal year under paragraph (1)--
``(A) 50 percent of the unallocated funds shall be
reallocated under section 222 to States that have not failed
to comply with the core requirements; and
``(B) 50 percent of the unallocated funds shall be used by
the Administrator to provide additional training and
technical assistance to States for the purpose of promoting
compliance with the core requirements.''.
SEC. 207. AUTHORITY TO MAKE GRANTS.
Section 241(a) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5651(a)) is amended--
(1) in paragraph (1), by inserting ``status offenders,''
before ``juvenile offenders, and juveniles'';
(2) in paragraph (2)(A), by inserting before the semicolon
at the end the following: ``, including for truancy
prevention and reduction and social and independent living
skills development'';
(3) in paragraph (4), by striking ``State,'' each place the
term appears and inserting ``State, tribal,'';
(4) in paragraph (5), by striking ``juvenile offenders and
juveniles'' and inserting ``status offenders, juvenile
offenders, and juveniles''; and
(5) in paragraph (10), by inserting ``, including juveniles
with disabilities'' before the semicolon.
SEC. 208. ELIGIBILITY OF STATES.
Section 243(a)(1)(A) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5653(a)(1)(A))
is amended by striking ``5'' and inserting ``10''.
SEC. 209. GRANTS TO INDIAN TRIBES.
Section 246(a)(2) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5656(a)(2)) is amended--
(1) by striking subparagraph (A);
(2) by redesignating subparagraphs (B) through (E) as
subparagraphs (A) through (D), respectively; and
(3) in subparagraph (B)(ii), as redesignated, by striking
``subparagraph (B)'' and inserting ``subparagraph (A)''.
SEC. 210. RESEARCH AND EVALUATION; STATISTICAL ANALYSES;
INFORMATION DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5661) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter proceeding subparagraph (A), by striking
``may'' and inserting ``shall'';
(ii) in subparagraph (A), by striking ``plan and identify''
and inserting ``annually publish a plan to identify''; and
(iii) in subparagraph (B)--
(I) by striking clause (iii) and inserting the following:
``(iii) successful efforts to prevent status offenders and
first-time minor offenders from subsequent involvement with
the juvenile justice and criminal justice systems;'';
(II) by striking clause (vii) and inserting the following:
``(vii) the prevalence and duration of behavioral health
needs (including mental health, substance abuse, and co-
occurring disorders) among juveniles pre-placement and post-
placement when held in the custody of secure detention and
corrections facilities, including an examination of the
effects of confinement;'';
(III) by redesignating clauses (ix), (x), and (xi) as
clauses (xv), (xvi), and (xvii), respectively; and
(IV) by inserting after clause (viii) the following:
``(ix) training efforts and reforms that have produced
reductions in or elimination of the use of dangerous
practices;
``(x) methods to improve the recruitment, selection,
training, and retention of professional personnel who are
focused on the prevention, identification, and treatment of
delinquency;
``(xi) methods to improve the identification and response
to victims of domestic child sex trafficking within the
juvenile justice system;
``(xii) identifying positive outcome measures, such as
attainment of employment and educational degrees, that States
and units of local government should use to evaluate the
success of programs aimed at reducing recidivism of youth who
have come in contact with the juvenile justice system or
criminal justice system;
``(xiii) evaluating the impact and outcomes of the
prosecution and sentencing of juveniles as adults;
``(xiv) successful and cost-effective efforts by States and
units of local government to reduce recidivism through
policies that provide for consideration of appropriate
alternative sanctions to incarceration of youth facing
nonviolent charges, while ensuring that public safety is
preserved;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph (A), by striking
``date of enactment of this paragraph, the'' and inserting
``date of enactment of the Juvenile Justice and Delinquency
Prevention Reauthorization Act of 2017, the'';
(ii) in subparagraph (D), by inserting ``and Indian
tribes'' after ``State'';
(iii) in subparagraph (F), by striking ``and'' at the end;
(iv) in subparagraph (G), by striking the period at the end
and inserting a semicolon; and
(v) by adding at the end the following:
``(H) a description of the best practices in discharge
planning; and
[[Page S4656]]
``(I) an assessment of living arrangements for juveniles
who, upon release from confinement in a State correctional
facility, cannot return to the residence they occupied prior
to such confinement.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure.--The Administrator, in
consultation with experts in the field of juvenile justice
research, recidivism, and data collection, shall--
``(1) establish a uniform method of data collection and
technology that States may use to evaluate data on juvenile
recidivism on an annual basis;
``(2) establish a common national juvenile recidivism
measurement system; and
``(3) make cumulative juvenile recidivism data that is
collected from States available to the public.
``(g) GAO Review.--Not later than 1 year after the date of
enactment of the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2017, the Comptroller General of the
United States shall conduct a review of available research
conducted by the Attorney General, the Secretary of the
Interior, and other Federal entities relating to Indian youth
who may come into contact with the juvenile justice system,
which shall include--
``(1) an examination of the extent of Indian youth
involvement in the juvenile justice system, including the
number of Indian youth in Federal, State, or tribal custody
or detention for offenses committed while under the age of
18;
``(2) a description of the unique barriers faced by Indian
tribes in providing adequate services to rehabilitate youth
who have been adjudicated as delinquent; and
``(3) recommendations to improve effectiveness of
prevention and treatment services for Indian youth who may
come into contact with the juvenile justice system.''.
SEC. 211. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5662) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop and carry out
projects''; and
(ii) by striking ``and'' after the semicolon;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants to and
contracts with''; and
(ii) by striking the period and inserting ``; and''; and
(D) by adding at the end the following:
``(3) shall provide periodic training for States regarding
implementation of the core requirements, current protocols
and best practices for achieving and monitoring compliance,
and information sharing regarding relevant Office resources
on evidence-based and promising programs or practices that
promote the purposes of this Act.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop and implement
projects'';
(ii) by inserting ``, including compliance with the core
requirements'' after ``this title''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make grants to and
contracts with''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(D) by adding at the end the following:
``(3) shall provide technical assistance to States and
units of local government on achieving compliance with the
amendments to the core requirements and State Plans made by
the Juvenile Justice and Delinquency Prevention
Reauthorization Act of 2017, including training and technical
assistance and, when appropriate, pilot or demonstration
projects intended to develop and replicate best practices for
achieving sight and sound separation in facilities or
portions of facilities that are open and available to the
general public and that may or may not contain a jail or a
lock-up; and
``(4) shall provide technical assistance to States in
support of efforts to establish partnerships between a State
and a university, institution of higher education, or
research center designed to improve the recruitment,
selection, training, and retention of professional personnel
in the fields of medicine, law enforcement, the judiciary,
juvenile justice, social work and child protection,
education, and other relevant fields who are engaged in, or
intend to work in, the field of prevention, identification,
and treatment of delinquency.'';
(3) in subsection (c)--
(A) by inserting ``prosecutors,'' after ``public
defenders,''; and
(B) by inserting ``status offenders and'' after ``needs
of''; and
(4) by adding at the end the following:
``(d) Technical Assistance to States Regarding Legal
Representation of Children.--In consultation with experts in
the field of juvenile defense, the Administrator shall--
``(1) develop and issue standards of practice for attorneys
representing children; and
``(2) ensure that the standards issued under paragraph (1)
are adapted for use in States.
``(e) Training and Technical Assistance for Local and State
Juvenile Detention and Corrections Personnel.--The
Administrator shall coordinate training and technical
assistance programs with juvenile detention and corrections
personnel of States and units of local government to--
``(1) promote methods for improving conditions of juvenile
confinement, including methods that are designed to minimize
the use of dangerous practices, unreasonable restraints, and
isolation; and
``(2) encourage alternative behavior management techniques
based on positive youth development approaches.
``(f) Training and Technical Assistance To Support Mental
Health or Substance Abuse Treatment Including Home-Based or
Community-Based Care.--The Administrator shall provide
training and technical assistance, in conjunction with the
appropriate public agencies, to individuals involved in
making decisions regarding the disposition and management of
cases for youth who enter the juvenile justice system about
the appropriate services and placement for youth with mental
health or substance abuse needs, including--
``(1) juvenile justice intake personnel;
``(2) probation officers;
``(3) juvenile court judges and court services personnel;
``(4) prosecutors and court-appointed counsel; and
``(5) family members of juveniles and family advocates.
``(g) Grants for Juvenile Court Judges and Personnel.--The
Attorney General, acting through the Office of Juvenile
Justice and Delinquency Prevention and the Office of Justice
Programs, shall make grants to improve training, education,
technical assistance, evaluation, and research to enhance the
capacity of State and local courts, judges, and related
judicial personnel to--
``(1) improve the lives of children currently involved in
or at risk of being involved in the juvenile court system;
and
``(2) carry out the requirements of this Act.
``(h) Free and Reduced Price School Lunches for
Incarcerated Juveniles.--The Attorney General, in
consultation with the Secretary of Agriculture, shall provide
guidance to States relating to existing options for school
food authorities in the States to apply for reimbursement for
free or reduced price lunches under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) for
juveniles who are incarcerated and would, if not
incarcerated, be eligible for free or reduced price lunches
under that Act.''.
SEC. 212. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' before ``The Administrator'';
(B) by striking ``, after appropriate consultation with
representatives of States and units of local government,'';
(C) by inserting ``guidance,'' after ``regulations,''; and
(D) by adding at the end the following: ``In developing
guidance and procedures, the Administrator shall consult with
representatives of States and units of local government,
including those individuals responsible for administration of
this Act and compliance with the core requirements.
``(2) The Administrator shall ensure that--
``(A) reporting, compliance reporting, State plan
requirements, and other similar documentation as may be
required from States is requested in a manner that encourages
efficiency and reduces the duplication of reporting efforts;
and
``(B) States meeting all the core requirements are
encouraged to experiment with offering innovative, data-
driven programs designed to further improve the juvenile
justice system.''; and
(2) in subsection (e), by striking ``requirements described
in paragraphs (11), (12), and (13) of section 223(a)'' and
inserting ``core requirements''.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 301. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended--
(1) in the section heading, by striking ``Definition'' and
inserting ``Definitions''; and
(2) by striking ``this title, the term'' and inserting the
following: ``this title--
``(1) the term `mentoring' means matching 1 adult with one
or more youths for the purpose of providing guidance,
support, and encouragement through regularly scheduled
meetings for not less than 9 months; and
``(2) the term''.
SEC. 302. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504(a) of the Incentive Grants for Local
Delinquency Prevention Programs Act of 2002 (42 U.S.C.
5783(a)) is amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) mentoring, parent training and support, or in-home
family services programs, if such programs are evidence-based
or promising.''.
SEC. 303. TECHNICAL AND CONFORMING AMENDMENT.
The Juvenile Justice and Delinquency Prevention Act of 1974
is amended by striking
[[Page S4657]]
title V, as added by the Juvenile Justice and Delinquency
Prevention Act of 1974 (Public Law 93-415; 88 Stat. 1133)
(relating to miscellaneous and conforming amendments).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(1) conduct a comprehensive analysis and evaluation
regarding the performance of the Office of Juvenile Justice
and Delinquency Prevention (referred to in this section as
``the agency''), its functions, its programs, and its grants;
(2) conduct a comprehensive audit and evaluation of a
selected, sample of grantees (as determined by the
Comptroller General) that receive Federal funds under grant
programs administered by the agency including a review of
internal controls (as defined in section 103 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5603), as amended by this Act) to prevent fraud, waste, and
abuse of funds by grantees; and
(3) submit a report in accordance with subsection (d).
(b) Considerations for Evaluation.--In conducting the
analysis and evaluation under subsection (a)(1), and in order
to document the efficiency and public benefit of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5601 et seq.), excluding the Runaway and Homeless Youth Act
(42 U.S.C. 5701 et seq.) and the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller
General shall take into consideration--
(1) the outcome and results of the programs carried out by
the agency and those programs administered through grants by
the agency;
(2) the extent to which the agency has complied with the
Government Performance and Results Act of 1993 (Public Law
103-62; 107 Stat. 285);
(3) the extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict
with the jurisdiction and programs of other agencies;
(4) the potential benefits of consolidating programs
administered by the agency with similar or duplicative
programs of other agencies, and the potential for
consolidating those programs;
(5) whether less restrictive or alternative methods exist
to carry out the functions of the agency and whether current
functions or operations are impeded or enhanced by existing
statutes, rules, and procedures;
(6) the number and types of beneficiaries or persons served
by programs carried out by the agency;
(7) the manner with which the agency seeks public input and
input from State and local governments on the performance of
the functions of the agency;
(8) the extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
Freedom of Information Act);
(9) whether greater oversight is needed of programs
developed with grants made by the agency; and
(10) the extent to which changes are necessary in the
authorizing statutes of the agency in order for the functions
of the agency to be performed in a more efficient and
effective manner.
(c) Considerations for Audits.--In conducting the audit and
evaluation under subsection (a)(2), and in order to document
the efficiency and public benefit of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.),
excluding the Runaway and Homeless Youth Act (42 U.S.C. 5701
et seq.) and the Missing Children's Assistance Act (42 U.S.C.
5771 et seq.), the Comptroller General shall take into
consideration--
(1) whether grantees timely file Financial Status Reports;
(2) whether grantees have sufficient internal controls to
ensure adequate oversight of grant fund received;
(3) whether disbursements were accompanied with adequate
supporting documentation (including invoices and receipts);
(4) whether expenditures were authorized;
(5) whether subrecipients of grant funds were complying
with program requirements;
(6) whether salaries and fringe benefits of personnel were
adequately supported by documentation;
(7) whether contracts were bid in accordance with program
guidelines; and
(8) whether grant funds were spent in accordance with
program goals and guidelines.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) submit a report regarding the evaluation conducted
under subsection (a) and audit under subsection (b), to the
Speaker of the House of Representatives and the President pro
tempore of the Senate; and
(B) make the report described in subparagraph (A) available
to the public.
(2) Contents.--The report submitted in accordance with
paragraph (1) shall include all audit findings determined by
the selected, statistically significant sample of grantees as
required by subsection (a)(2) and shall include the name and
location of any selected grantee as well as any findings
required by subsection (a)(2).
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--The Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by
adding at the end the following:
``TITLE VI--AUTHORIZATION OF APPROPRIATIONS; ACCOUNTABILITY AND
OVERSIGHT
``SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
to carry out this Act--
``(1) $160,000,000 for fiscal year 2017;
``(2) $162,400,000 for fiscal year 2018;
``(3) $164,836,000 for fiscal year 2019;
``(4) $167,308,540 for fiscal year 2020; and
``(5) $169,818,168 for fiscal year 2021.
``(b) Mentoring Programs.--Not more than 20 percent of the
amount authorized to be appropriated under subsection (a) for
a fiscal year may be used for mentoring programs.''.
(b) Technical and Conforming Amendments.--The Juvenile
Justice and Delinquency Prevention Act of 1974 is amended by
striking--
(1) section 299 (42 U.S.C. 5671);
(2) section 388 (42 U.S.C. 5751);
(3) section 408 (42 U.S.C. 5777); and
(4) section 505 (42 U.S.C. 5784).
SEC. 403. ACCOUNTABILITY AND OVERSIGHT.
(a) In General.--Title VI of the Juvenile Justice and
Delinquency Prevention Act of 1974, as added by this Act, is
amended by adding at the end the following:
``SEC. 602. ACCOUNTABILITY AND OVERSIGHT.
``(a) Sense of Congress.--It is the sense of Congress that,
in order to ensure that at-risk youth and youth who come into
contact with the juvenile justice system or the criminal
justice system are treated fairly and the outcome of that
contact is beneficial to the Nation--
``(1) the Department of Justice, through its Office of
Juvenile Justice and Delinquency Prevention, must restore
meaningful enforcement of the core requirements in this Act;
``(2) the Attorney General should, not later than 90 days
after the date of enactment of this Act, issue a proposed
rule to update existing Federal regulations used to make
State compliance determinations and provide participating
States with technical assistance to develop more effective
and comprehensive data collection systems; and
``(3) States, which are entrusted with a fiscal stewardship
role if they accept funds under this Act, must exercise
vigilant oversight to ensure full compliance with the core
requirements for juveniles provided for in this Act.
``(b) Accountability.--
``(1) Agency program review.--
``(A) Programmatic and financial assessment.--
``(i) In general.--Not later than 60 days after the date of
enactment of this section, the Director of the Office of
Audit, Assessment, and Management of the Office of Justice
Programs at the Department of Justice (referred to in this
section as the `Director') shall--
``(I) conduct a comprehensive analysis and evaluation of
the internal controls of the Office of Juvenile Justice and
Delinquency Prevention (referred to in this section as the
`agency') to determine if States and Indian tribes receiving
grants are following the requirements of the agency grant
programs and what remedial action the agency has taken to
recover any grant funds that are expended in violation of
grant programs, including instances where--
``(aa) supporting documentation was not provided for cost
reports;
``(bb) unauthorized expenditures occurred; and
``(cc) subrecipients of grant funds were not compliance
with program requirements;
``(II) conduct a comprehensive audit and evaluation of a
selected statistically significant sample of States and
Indian tribes (as determined by the Director) that have
received Federal funds under this Act, including a review of
internal controls to prevent fraud, waste, and abuse of funds
by grantees;
``(III) submit a report in accordance with clause (iv).
``(ii) Considerations for evaluations.--In conducting the
analysis and evaluation under clause (i)(I), and in order to
document the efficiency and public benefit of this Act,
excluding the Runaway and Homeless Youth Act and the Missing
Children's Assistance Act, the Director shall take into
consideration the extent to which--
``(I) greater oversight is needed of programs developed
with grants made by the agency;
``(II) changes are necessary in the authorizing statutes of
the agency in order that the functions of the agency can be
performed in a more efficient and effective manner; and
``(III) the agency has implemented recommendations issued
by the Comptroller General or Office of Inspector General
relating to the grant making and grant monitoring
responsibilities of the agency.
``(iii) Considerations for audits.--In conducting the audit
and evaluation under clause (i)(II), and in order to document
the efficiency and public benefit of this Act, excluding the
Runaway and Homeless Youth Act and the Missing Children's
Assistance Act, the Director shall take into consideration--
``(I) whether grantees timely file Financial Status
Reports;
``(II) whether grantees have sufficient internal controls
to ensure adequate oversight of grant funds received;
[[Page S4658]]
``(III) whether grantees' assertions of compliance with the
core requirements were accompanied with adequate supporting
documentation;
``(IV) whether expenditures were authorized;
``(V) whether subrecipients of grant funds were complying
with program requirements; and
``(VI) whether grant funds were spent in accordance with
the program goals and guidelines.
``(iv) Report.--The Director shall submit to Congress a
report outlining the results of the analysis, evaluation, and
audit conducted under clause (i), including supporting
materials, to the Speaker of the House of Representatives and
the President pro tempore of the Senate and shall make such
report available to the public online, not later than 1 year
after the date of enactment of this section.
``(B) Analysis of internal controls.--
``(i) In general.--Not later than 30 days after the date of
enactment of this section, the Administrator shall initiate a
comprehensive analysis and evaluation of the internal
controls of the agency to determine whether, and to what
extent, States and Indian tribes that receive grants under
this Act are following the requirements of the grant programs
authorized under this Act.
``(ii) Report.--Not later than 180 days after the date of
enactment of this section, the Administrator shall submit to
Congress a report containing--
``(I) the findings of the analysis and evaluation conducted
under clause (i);
``(II) a description of remedial actions, if any, that will
be taken by the Administrator to enhance the internal
controls of the agency and recoup funds that may have been
expended in violation of law, regulations, or program
requirements issued under this Act; and
``(III) a description of--
``(aa) the analysis conducted under clause (i);
``(bb) whether the funds awarded under this Act have been
used in accordance with law, regulations, program guidance,
and applicable plans; and
``(cc) the extent to which funds awarded to States and
Indian tribes under this Act enhanced the ability of grantees
to fulfill the core requirements.
``(C) Report by the attorney general.--Not later than 180
days after the date of enactment of this section, the
Attorney General shall submit to the appropriate committees
of Congress a report on the estimated amount of grant funds
disbursed by the agency since fiscal year 2010 that did not
meet the requirements for awards of formula grants to States
under this Act.
``(2) Office of inspector general performance audits.--
``(A) In general.--In order to ensure the effective and
appropriate use of grants administered under this Act and to
prevent waste, fraud, and abuse of funds by grantees, the
Inspector General of the Department of Justice each year
shall periodically conduct audits of States and Indian tribes
that receive grants under this Act.
``(B) Determining samples.--The sample selected for audits
under subparagraph (A) shall be--
``(i) of an appropriate size to--
``(I) assess the grant programs authorized under this Act;
and
``(II) act as a deterrent to financial mismanagement; and
``(ii) selected based on--
``(I) the size of the grants awarded to the recipient;
``(II) the past grant management performance of the
recipient;
``(III) concerns identified by the Administrator, including
referrals from the Administrator; and
``(IV) such other factors as determined by the Inspector
General of the Department of Justice.
``(C) Public availability on website.--The Attorney General
shall make the summary of each review conducted under this
section available on the website of the Department of
Justice, subject to redaction as the Attorney General
determines necessary to protect classified and other
sensitive information.
``(D) Mandatory exclusion.--A recipient of grant funds
under this Act that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this Act during the first 2 fiscal years beginning after the
12-month period beginning on the date on which the audit
report is issued.
``(E) Priority.--In awarding grants under this Act, the
Administrator shall give priority to a State or Indian tribe
that did not have an unresolved audit finding during the 3
fiscal years prior to the date on which the eligible entity
submits an application for a grant under this Act.
``(F) Reimbursement.--If a State or Indian tribe is awarded
grant funds under this Act during the 2-fiscal-year period in
which the entity is barred from receiving grants under
subparagraph (I), the Attorney General shall--
``(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
General Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
General Fund under clause (i) from the grantee that was
erroneously awarded grant funds.
``(G) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General--
``(i) that the audited State or Indian tribe has used grant
funds for an unauthorized expenditure or otherwise
unallowable cost; and
``(ii) that is not closed or resolved during the 12-month
period beginning on the date on which the final audit report
is issued.
``(3) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph and the
grant programs described in this Act, the term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(B) Prohibition.--The Administrator may not award a grant
under any grant program described in this Act to a nonprofit
organization that holds money in offshore accounts for the
purpose of avoiding paying the tax described in section
511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--
``(i) In general.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees, and key employees,
shall disclose to the Administrator, in the application for
the grant, the process for determining such compensation,
including--
``(I) the independent persons involved in reviewing and
approving such compensation;
``(II) the comparability data used; and
``(III) contemporaneous substantiation of the deliberation
and decision.
``(ii) Public inspection upon request.--Upon request, the
Administrator shall make the information disclosed under
clause (i) available for public inspection.
``(4) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General, or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available to the Department of Justice, unless the Deputy
Attorney General or such Assistant Attorney Generals,
Directors, or principal deputies as the Deputy Attorney
General may designate, provides prior written authorization
that the funds may be expended to host a conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost of
all food and beverages, audiovisual equipment, honoraria for
speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this paragraph.
``(5) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any recipient of a
grant made using such amounts to--
``(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
``(ii) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding.
``(B) Penalty.--If the Attorney General determines that any
recipient of a grant made using amounts authorized to be
appropriated under this Act has violated subparagraph (A),
the Attorney General shall--
``(i) require the grant recipient to repay the grant in
full; and
``(ii) prohibit the grant recipient from receiving another
grant under this Act for not less than 5 years.
``(6) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this section,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate
and the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification that--
``(A) all audits issued by the Office of the Inspector
General of the Department of Justice under paragraph (2) have
been completed and reviewed by the appropriate Assistant
Attorney General or Director;
``(B) all mandatory exclusions required under paragraph
(2)(I) have been issued;
``(C) all reimbursements required under paragraph (2)(K)(i)
have been made; and
``(D) includes a list of any grant recipients excluded
under paragraph (2)(I) during the preceding fiscal year.
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this Act, the Attorney General
shall compare potential grant awards with other grants
awarded under this Act to determine if duplicate grant awards
are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
[[Page S4659]]
``(B) the reason the Attorney General awarded the
duplicative grant.
``(d) Compliance With Auditing Standards.--The
Administrator shall comply with the Generally Accepted
Government Auditing Standards, published by the General
Accountability Office (commonly known as the `Yellow Book'),
in the conduct of fiscal, compliance, and programmatic audits
of States.''.
(b) Technical and Conforming Amendment.--
(1) In general.--The Juvenile Justice and Delinquency
Prevention Act of 1974 is amended by striking section 407 (42
U.S.C. 5776a).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the first day of the first fiscal year
beginning after the date of enactment of this Act.
(3) Savings clause.--In the case of an entity that is
barred from receiving grant funds under paragraph (2) or
(7)(B)(ii) of section 407 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5776a), the
amendment made by paragraph (1) of this subsection shall not
affect the applicability to the entity, or to the Attorney
General with respect to the entity, of paragraph (2), (3), or
(7) of such section 407, as in effect on the day before the
effective date under paragraph (2) of this subsection.
TITLE V--JUVENILE ACCOUNTABILITY BLOCK GRANTS
SEC. 501. GRANT ELIGIBILITY.
Section 1802(a) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796ee-2(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) assurances that the State agrees to comply with the
core requirements, as defined in section 103 of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5603), applicable to the detention and confinement of
juveniles.''.
Mr. GRASSLEY. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. GRASSLEY. I yield the floor.
The PRESIDING OFFICER. The Senator from Tennessee.
Mr. ALEXANDER. Mr. President, I thank the Senator from Rhode Island
for his courtesy in allowing me to go next.
____________________