[Congressional Record (Bound Edition), Volume 163 (2017), Part 9]
[Senate]
[Pages 12432-12442]
[From the U.S. Government Publishing Office, www.gpo.gov]




JUVENILE JUSTICE AND DELINQUENCY PREVENTION REAUTHORIZATION 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.
  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

[[Page 12433]]

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.
  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

[[Page 12434]]

     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 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

[[Page 12435]]

     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 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

[[Page 12436]]

       (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

       (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;''.

[[Page 12437]]

       (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 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

[[Page 12438]]

       ``(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
       ``(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

[[Page 12439]]

       (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 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);

[[Page 12440]]

       (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;
       ``(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.--

[[Page 12441]]

       ``(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
       ``(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.

[[Page 12442]]


  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.

                          ____________________