[Senate Report 111-280]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 243
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-280

======================================================================



 
JUVENILE JUSTICE AND DELINQUENCY PREVENTION REAUTHORIZATION ACT OF 2009

                                _______
                                

                 August 5, 2010.--Ordered to be printed

                                _______
                                

Mr. Leahy, from the Committee on the Judiciary, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                         [To accompany S. 678]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to which was referred the 
bill (S. 678), to reauthorize and improve the Juvenile Justice 
and Delinquency Prevention Act of 1974, and for other purposes, 
having considered the same, reports favorably thereon, with an 
amendment, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Background and Purpose of the Juvenile Justice and Delinquency 
     Prevention Reauthorization Act of 2009...........................2
 II. History of the Bill and Committee Consideration..................7
III. Section-by-Section Summary of the Bill...........................9
 IV. Congressional Budget Office Cost Estimate.......................15
  V. Regulatory Impact Evaluation....................................17
 VI. Conclusion......................................................17
VII. Minority Views..................................................18
VIII.Changes to Existing Law Made by the Bill, as Reported...........27


   I. Background and Purpose of the Juvenile Justice and Delinquency 
                      Reauthorization Act of 2009


               A. BACKGROUND AND NEED FOR THE LEGISLATION

    The Juvenile Justice and Delinquency Prevention 
Reauthorization Act (JJDPA or ``the Act'') sets out Federal 
policy and standards and authorizes key Federal resources for 
States to improve their juvenile justice systems and for 
communities to develop programs to prevent juveniles from 
entering the juvenile justice system in the first place. For 
this reauthorization, the Committee has reexamined Federal 
juvenile justice policy in light of new studies and evidence 
that have emerged since the last reauthorization in 2002. In 
setting new Federal standards and refining existing ones, the 
Committee has also been guided by changes that States have been 
making to their own juvenile justice systems. As one 
commentator noted on the critical issue of whether to place 
juveniles in adult jails:

          States are rethinking and, in some cases, retooling 
        juvenile sentencing laws. They're responding to new 
        research on the adolescent brain, and studies that 
        indicate teens sent to adult court end up worse off 
        than those who are not: They get in trouble more often, 
        they do it faster and the offenses are more serious.\1\
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    \1\Sharon Cohen, ``Prosecuting Kids as Adults: Some States Ponder 
Changes,'' Associated Press, Dec. 1, 2007.

    Building on the States' juvenile justice experiences, this 
bill makes several changes to the Act that reinforce what has 
been working in State juvenile justice systems, and changes 
what has not been working. It seeks to ensure that communities 
and State juvenile justice systems have the resources they need 
to prevent juvenile crime, to deal effectively with juvenile 
offenders in the system, and to ensure their successful 
reintegration into their communities. One principal goal of 
this reauthorization is to foster a return to the strong 
support for State and local law enforcement that Congress 
showed in the 1990s, as demonstrated by the Community Oriented 
Policing Services (COPS) Program and other key grant programs 
that contributed to historic declines in violent crime. 
Declining funding for these programs in recent years has 
contributed to a reversal of that trend and to recent increases 
in crime rates. Though rates of juvenile crime have continued 
to decrease, effective prevention programs have faced 
significant cuts in Federal support, creating a dangerous 
vacuum. This bill aims to reverse this trend and to help our 
communities implement programs proven to help juveniles turn 
their lives around.
    A careful examination of how to keep juveniles from 
entering or reentering the criminal justice system not only 
makes our communities safer by reducing the number of juveniles 
who go on to lives of crime as adults, but it also ensures that 
juveniles will lead safer and more fulfilling lives. For 
example, a recent study by the Centers for Disease Control and 
Prevention, led by an independent Task Force on Community 
Preventive Services, determined that children who are 
prosecuted as adults commit more crimes, and more serious 
crimes, when they are released than children with similar 
histories who are kept in the juvenile justice system.\2\ 
Additionally, in August 2008, the Office of Juvenile Justice 
and Delinquency Prevention (OJJDP) at the U.S. Department of 
Justice released a bulletin on the transfer of youth to adult 
court.\3\ The OJJDP Bulletin found that laws making it easier 
to transfer youth to the adult criminal court system do not 
prevent youth from engaging in future criminal behavior and 
that youth transferred to the adult system are more likely to 
be rearrested and to reoffend than youth who committed similar 
crimes, but were retained in the juvenile justice system. After 
years of pressure to try more and more children as adults and 
to send them to adult jails and prisons, the Committee has 
considered carefully with this reauthorization whether that 
policy is working in the face of strong evidence to the 
contrary, and the fact that many States are moving toward 
reducing the number of youth tried as adults. This 
reauthorization takes steps to ensure that juveniles in States 
participating in JJDPA programs are not held pretrial in adult 
jails and lock-ups unless a judge finds, after carefully 
weighing all relevant factors, that it is in the interest of 
justice to incarcerate the youth in an adult facility. It makes 
these and other changes with appropriate respect for and 
deference to the varied policy choices, needs, and fiscal 
realities of the States.
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    \2\Robert Hahn, Ph.D., et al., ``Effects on Violence of Laws 
Facilitating the Transfer of Youth from the Juvenile to the Adult 
Justice System: A Report on the Recommendations of Task Force on 
Community Preventive Services,'' Centers for Disease Control and 
Prevention, Morbidity and Mortality Weekly Report (November 30, 2007), 
available at http://www.cdc.gov/mmwr/preview/mmwrhtml/rr5609a1.htm.
    \3\Richard E. Redding, ``Juvenile Transfer Laws: An Effective 
Deterrent to Delinquency?'', Office of Juvenile Justice and Delinquency 
Prevention Office of Justice Programs Juvenile Justice Bulletin, Aug. 
2008.
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    The Committee understands the importance of holding 
criminals accountable for their crimes. It also recognizes the 
importance of boosting support for State and local law 
enforcement and of balancing strong law enforcement with 
prevention programs aimed at keeping juveniles out of the 
criminal justice system. This reauthorization recognizes that 
some problems persist throughout the Nation's juvenile justice 
systems, including disturbing episodes of mistreatment of 
children and the continuing disproportionate representation of 
youth of color in the juvenile justice system. It takes strong 
steps to address these concerns, and to encourage both the 
Office of Juvenile Justice and Delinquency Programs (OJJDP) at 
the Department of Justice and the States that receive Federal 
funds under the Act to search for ways to solve these troubling 
patterns and disparities and continue to build upon past 
successes.

             B. SIGNIFICANT CHANGES IN THIS REAUTHORIZATION

    This bipartisan bill will strengthen the JJDPA by 
increasing Federal support to States for juvenile crime 
reduction and for improvement of State juvenile justice 
systems, and by encouraging important reforms. Among its most 
significant changes from the last reauthorization are increases 
in Federal funding for prevention, intervention and treatment 
programs designed to reduce the incidence of juvenile crime. 
These include increased funding for critical title V prevention 
programs to discourage juvenile contact with the justice 
system, such as after-school care and mentoring; increased 
funding to assist States in achieving and maintaining 
compliance with the JJDPA's goals and particularly its core 
requirements; and the promotion of evidence-based and promising 
practices to ensure that Federal dollars have maximum impact. 
While these initiatives are not inexpensive if fully funded, 
they should save money in the long term by decreasing juvenile 
recidivism, reducing the number of children that enter the 
juvenile justice system and the adult criminal justice system, 
and increasing the number of children that become productive 
members of society.\4\
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    \4\See, e.g., Juvenile Detention Alternatives Initiative, Detention 
Reform Brief 1: Detention Reform: A Cost-Saving Approach, Annie E. 
Casey Foundation, available at http://www.aecf.org/upload/
PublicationFiles/jdai_facts1.pdf. (2007); and Cohen, Mark A. and 
Piquero, Alex R., New Evidence on the Monetary Value of Saving a High 
Risk Youth, Vanderbilt Law and Economics Research Paper No. 08-07, 
available at SSRN: http://ssrn.com/abstract=1077214. (December 2007).
---------------------------------------------------------------------------
    This bill also encourages States to make critical new 
improvements to their juvenile justice systems. For example, 
the bill places significant new emphasis on the crucial issues 
of mental health and substance abuse, including expanding the 
allowable use of grant funds for mental health and substance 
abuse training and treatment, encouraging States to focus more 
on identifying and meeting youths' mental health and substance 
abuse needs, and providing new incentive grants for these 
purposes. A recent letter to the editor of the New York Times 
aptly summed up the dangers of leaving children in need of 
mental health care untreated: ``children with psychiatric 
disorders were twice as likely to be involved in the criminal 
justice system as young adults than children with no disorder . 
. . [y]et less than half of children with multiple psychiatric 
disorders receive any mental health services.''\5\ This bill 
seeks to fill this gap by providing new directives to States, 
together with new authorizations to implement these 
directives.\6\
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    \5\Stephen Bates Billick, (Past) Chairman of the American 
Psychiatric Association Corresponding Committee on Juvenile Justice 
Issues, Letter to the Editor, New York Times, Dec. 4, 2007.
    \6\The bill also encourages States to provide more services to 
juvenile inmates with disabilities--a problem recently highlighted in a 
New York Times editorial. See ``Writing Off Disabled Children,'' 
Editorial, The New York Times, Aug. 9, 2008 (noting that Texas public 
education deficiencies in treating students with disabilities leads to 
higher numbers of disabled children in the State juvenile justice 
system).
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    The reauthorization encourages States to continue working 
toward reducing racial and ethnic disparities in the juvenile 
justice systems. Marian Wright Edelman, President of the 
Children's Defense Fund, has noted that ``Black and Latino 
teens end up in adult facilities in numbers disproportionately 
higher than their representation in the general 
population.''\7\ In 2008, approximately 70% of the youth 
incarcerated in juvenile facilities and adult jails and prisons 
were Black or Latino even though they make up only 30% of the 
general youth population.\8\ In their landmark report, And 
Justice for Some, the National Council on Crime and Delinquency 
recognized that youth of color face a ``cumulative 
disadvantage'' in the justice system (where the disparities 
grow deeper as youth continue through the justice system).\9\ 
Since many data systems fail to disaggregate ethnicity from 
race, data on the extent to which young people of color are 
overrepresented in the juvenile justice system are generally 
underreported. The bill seeks to address this troubling trend 
by asking States to take concrete steps to reduce these 
disparities.
---------------------------------------------------------------------------
    \7\Marion Wright Edelman, ``Juveniles Don't Belong in Adult 
Prisons,'' Children's Defense Fund, Child Watch Column, Aug. 1, 2008.
    \8\Puzzanchera, C., Sladky, A. and Kang, W. (2008). ``Easy Access 
to Juvenile Populations: 1990-2007.'' Online. Available: http://
www.ojjdp.ncjrs.gov/ojstatbb/ezapop/; Sickmund, Melissa, Sladky, T.J., 
and Kang, Wei. (2008) ``Census of Juveniles in Residential Placement 
Databook.'' Online. Available: http://www.ojjdp.ncjrs.gov/ojstatbb/
cjrp/; West, H., Sabol, W. (2009) ``Prison Inmates at Midyear 2008--
Statistical Tables.'' Online. Available: http://bjs.ojp.usdoj.gov/
content/pub/pdf/pim08st.pdf.
    \9\And Justice for Some: Differential Treatment of Youth of Color 
in the Justice System (January 2007), The National Council on Crime and 
Delinquency. Retrieved from: www.nccdcrc.org/nccd/pubs/
2007janljusticelforlsome.pdf.
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    The bill further encourages States to devise strategies to 
eliminate the incidence of dangerous practices, unreasonable 
restraints, and isolation of juveniles through the increased 
use of training and best practices.\10\ A recent study by the 
Bureau of Justice Statistics, entitled Sexual Victimization in 
Juvenile Facilities Reported by Youth, 2008-09, found that 
10.3% of youth in state juvenile facilities and large non-state 
facilities reported experiencing sexual victimization by 
facility staff, and another 2.6% reported sexual victimization 
by another youth within the past year.\11\
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    \10\In this reauthorization, the Committee defines ``restraints'' 
and ``dangerous practices.'' The term ``unreasonable restraints'' means 
the excessive use of restraints or the use of restraints not reasonably 
calculated to meet legitimate correctional needs in managing juvenile 
detention facilities. Examples of ``dangerous practices'' would 
include, but not be limited to: hogtying; the use of four- or five-
point restraints; choking; the use of belly belts or belly chains on 
pregnant females; sexual misconduct; the use of psychotropic medication 
without adherence to appropriate medical standards regarding dosage or 
for purposes unrelated to medical treatment such as coercion, 
punishment or convenience; and the unreasonable use of restraints on a 
female who is in labor, is delivering a baby, or is in post-delivery 
recuperation. The Committee does not intend to prevent correctional 
officers from using reasonable physical force or, in exceptional 
circumstances, chemical agents as a matter of last resort, in order to 
meet legitimate correctional needs in managing juvenile detention 
facilities, nor does the Committee intend to prevent correctional 
officers from using other reasonable techniques that are necessary to 
protect the safety of inmates, officers, or staff.
    \11\Allen J. Beck, Ph.D., et al., Sexual Victimization in Juvenile 
Facilities Reported by Youth, 2008-09, Bureau of Justice Statistics, 
Special Report, January 2010, at 1, 3.
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    This legislation also places commonsense limits on the 
pretrial detention of juveniles in adult jails and lock-ups and 
the detention of juveniles for status offenses. Many national 
organizations, including the American Correctional Association, 
the Council of Juvenile Correctional Administrators, the 
American Jail Association, and the National Association of 
Counties have policies against placing youth in adult jails. 
Youth held in adult jails and lock-ups are at great risk of 
physical and sexual abuse and 19 times more likely to commit 
suicide than youth held in juvenile facilities.\12\ Indeed, the 
National Prison Rape Elimination Commission recently found that 
``more than any other group of incarcerated persons, youth 
incarcerated with adults are probably at the highest risk for 
sexual abuse'' and recommended that youth be housed separately 
from adults.\13\ Adult facilities are also generally less well-
equipped to meet the educational and other specialized needs of 
youth. Under this bill, juveniles charged as adults may not be 
placed in a jail or lockup or have any contact with adult 
inmates without a hearing. A judge must consider meaningful 
factors and make detailed written findings to ensure that such 
placement is ``in the interest of justice.'' This process is 
intended to ensure that the particular needs of juveniles are 
taken into account and that youth are not unduly exposed to the 
risks of being housed with adults. Similarly, the bill ensures 
that ``status offenders''--juveniles arrested for offenses that 
would not be criminal if committed by adults (e.g., runaways, 
truants)--are not placed in secure detention unless specific 
findings are made by a judge; establishes strict time limits on 
the length of detention; and calls on States to eliminate 
within three years the use of valid court orders to place 
status offenders in secure detention.
---------------------------------------------------------------------------
    \12\And Justice for Some: Differential Treatment of Youth of Color 
in the Justice System (January 2007), The National Council on Crime and 
Delinquency. (January, 2007).
    \13\National Prison Rape Elimination Commission Report (June 2009), 
at 18.
---------------------------------------------------------------------------
    Recent research also demonstrates that a large number of 
youth involved in the juvenile justice system are in need of 
mental health services. The American Journal of Psychiatry has 
published a report finding that children with psychiatric 
disorders were twice as likely to be involved with the criminal 
justice system as those without a disorder.\14\ According to 
the most recent statistics from the National Center for Mental 
Health and Juvenile Justice, approximately 65 to 70 percent of 
youth placed in the juvenile justice system can be diagnosed 
with a mental health disorder, and one in five of these youths 
have severe mental health problems.\15\ Moreover, in the most 
recent report from the Federal Advisory Committee on Juvenile 
Justice, 30 States identified mental health treatment for youth 
in the juvenile justice system to be a major concern.\16\ The 
number of children with mental health issues detained in 
juvenile facilities is truly disturbing and a meaningful 
response is long overdue. The bill, as amended, authorizes 
important grants to support State efforts to conduct a mental 
health screening for detained juveniles within 24 hours of 
detention, the period when juveniles are at the highest risk of 
suicide. These provisions receive the strong support of the 
American Academy of Pediatrics, Human Rights Watch and the 
Mental Health Liaison Group, representing more than 50 
national, professional, research, voluntary, health, consumer, 
family and citizen advocacy organizations concerned about 
mental health and addiction disorders.
---------------------------------------------------------------------------
    \14\William E. Copeland, Ph.D., et al., Childhood Psychiatric 
Disorders and Young Adult Crime: A Prospective, Population-Based Study, 
164 American Journal of Psychiatry, 1668-75, November 2007.
    \15\Kathleen R. Skowyra et al., Mental Health Screening within 
Juvenile Justice: The Next Frontier, National Center for Mental Health 
and Juvenile Justice (2008).
    \16\Federal Advisory Committee on Juvenile Justice, ``Annual Report 
2007'', Aug. 2007, at 9.
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    Finally, the bill reaffirms and strengthens the Federal-
State partnership. It supports States' efforts to comply with 
JJDPA core requirements by making funds withheld due to 
noncompliance available to States as improvement grants meant 
to enable States to become compliant. It also strengthens 
research and technical assistance by the OJJDP to encourage 
States to adopt best practices, encourages agencies to look for 
community-based alternatives, expands training and technical 
assistance to ensure that the most effective programs and 
practices are implemented around the country, and increases 
transparency by making State plans and OJJDP decisionmaking 
publicly available.
    This bipartisan bill enjoys the support of numerous law 
enforcement and children's advocacy groups, including the 
Children's Defense Fund, the National Juvenile Justice & 
Delinquency Prevention Coalition, the National Juvenile Justice 
Network, Fight Crime: Invest in Kids, the American Legion, the 
National Association of Counties, the Coalition for Juvenile 
Justice, and the Council of Juvenile Correctional 
Administrators.

          II. History of the Bill and Committee Consideration


                      A. INTRODUCTION OF THE BILL

    Senators Leahy, Specter, Kohl, and Durbin introduced S. 
678, the Juvenile Justice and Delinquency Prevention 
Reauthorization Act of 2009, on March 24, 2009. The bill was 
referred to the Committee on the Judiciary. Since the bill's 
introduction, Senators Cardin, Collins, Franken, Snowe, 
Merkley, Burris, and Landrieu have joined as cosponsors.

                       B. COMMITTEE CONSIDERATION

    On December 5, 2007, Senator Leahy chaired a Committee 
hearing on ``Reauthorization of the Juvenile Justice and 
Delinquency Prevention Act: Protecting Our Children and Our 
Communities.'' The witnesses were Anne Marie Ambrose, Director 
of Child Welfare and Juvenile Justice Services, Pennsylvania 
Department of Public Welfare; Shay Bilchik, Founder and 
Director, Center for Juvenile Justice Reform, Georgetown 
University Public Policy Institute; J. Robert Flores, 
Administrator, Office of Juvenile Justice and Delinquency 
Prevention, Office of Justice Programs, Department of Justice; 
Richard Miranda, Chief of Police for the City of Tucson, 
Arizona; and Deirdre Wilson Garton, Chair of the State Advisory 
Group for the State of Wisconsin.
    Anne Marie Ambrose emphasized in her testimony that 
``devastating cuts in Federal funding over the past few years 
have forced the [State Advisory Committee for Pennsylvania] to 
reevaluate our work and focus even more on prevention as well 
as on sustainability of the programs.''\17\ Shay Bilchik, the 
former head of OJJDP, viewed ``the recent uptick in juvenile 
arrests as a possible warning that we cannot safely continue to 
reduce our commitment to effective programming for at-risk and 
system involved juveniles if we are to sustain our progress and 
provide services at a level needed to give every youth the 
chance to succeed and become a productive and law-abiding 
citizen.''\18\ Tucson Chief of Police Richard Miranda 
emphasized the need to clarify the disproportionate minority 
representation provisions of the JJDPA because the current 
standards are ``vague.''\19\ He added, ``I just can't arrest 
away our problems. There have to be other alternatives, there 
have to be other processes to get these kids on the right 
track.''\20\
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    \17\Testimony of Anne Marie Ambrose, Reauthorization of the 
Juvenile Justice and Delinquency Prevention Act: Protecting Our 
Children and Our Communities, Before the Senate Comm. on the Judiciary, 
110th Cong. (2007), available at http://judiciary.senate.gov/hearings/ 
testimony.cfm?id=3043&witlid=6804.
    \18\Testimony of Shay Bilchik, Reauthorization of the Juvenile 
Justice and Delinquency Prevention Act: Protecting Our Children and Our 
Communities, Before the Senate Comm. on the Judiciary, 110th Cong. 
(2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm? id=3043&witlid=6802.
    \19\Testimony of Richard Miranda, Reauthorization of the Juvenile 
Justice and Delinquency Prevention Act: Protecting Our Children and Our 
Communities, Before the Senate Comm. on the Judiciary, 110th Cong. 
(2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm? id=3043&witlid=6805.
    \20\Transcript of Hearing at 41, Reauthorization of the Juvenile 
Justice and Delinquency Prevention Act: Protecting Our Children and Our 
Communities, Before the Senate Comm. on the Judiciary, 110th Cong. 
(2007).
---------------------------------------------------------------------------
    Deirdre Wilson Garton urged the Committee to 
``substantially increase the training and technical assistance 
provided to States and communities that will help them embrace 
evidence-based delinquency prevention programs and intervention 
programs that work.''\21\ And J. Robert Flores, then the head 
of OJJDP, acknowledged that ``much remains to be done to 
prevent, intervene in, and treat delinquent behavior.''\22\
---------------------------------------------------------------------------
    \21\Testimony of Deirdre Wilson Garton, Reauthorization of the 
Juvenile Justice and Delinquency Prevention Act: Protecting Our 
Children and Our Communities, Before the Senate Comm. on the Judiciary, 
110th Cong. (2007), available at http://judiciary.senate.gov/hearings/ 
testimony.cfm?id=3043&witlid=6803.
    \22\Testimony of J. Robert Flores, Reauthorization of the Juvenile 
Justice and Delinquency Prevention Act: Protecting Our Children and Our 
Communities, Before the Senate Comm. on the Judiciary, 110th Cong. 
(2007), available at http://judiciary.senate.gov/hearings/
testimony.cfm? id=3043&witlid=6801.
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    On December 17, 2009, the Committee on the Judiciary 
considered S. 678. Senator Leahy offered an amendment, in the 
nature of a substitute, which was adopted by unanimous consent. 
This amendment made a number of changes to clarify and 
strengthen the bill.
    Senator Feingold offered an amendment to include in the 
bill the Prevention Resources for Eliminating Criminal Activity 
Using Tailored Interventions in Our Neighborhoods Act of 2009 
(PRECAUTION Act), which creates a commission to evaluate 
evidence-based crime prevention and intervention strategies and 
develop recommendations for federal priorities in crime 
prevention, research and development. The amendment was 
accepted by voice vote.
    Senator Durbin offered an amendment to authorize 
competitive funding to community-based organizations that 
provide an integrated continuum of services and programs to 
prevent, control, or reduce juvenile delinquency. The amendment 
was accepted by voice vote.
    Senator Grassley offered an amendment to require an audit 
of OJJDP as well as grantees that receive funding from OJJDP. 
This amendment was accepted on a roll call vote, with opposing 
Senators expressing concerns that the proposed audit appeared 
to duplicate oversight requirements already in the bill, to 
unnecessarily tax scarce State resources, and to 
inappropriately question the existence of key juvenile justice 
programs. The vote record is as follows:

    Tally: 10 Yeas, 9 Nays
    Yeas (10): Kohl (D-WI), Whitehouse (D-RI), Klobuchar (D-
MN), Sessions (R-AL), Hatch (R-UT), Grassley (R-IA), Kyl (R-
AZ), Graham (R-SC), Cornyn (R-TX), Coburn (R-OK).
    Nays (9): Feinstein (D-CA), Feingold (D-WI), Specter (D-
PA), Schumer (D-NY), Durbin (D-IL), Cardin (D-MD), Kaufman (D-
DE), Franken (D-MN), Leahy (D-VT).

    Senator Sessions offered an amendment that would have made 
it easier to prosecute youth under the age of 18 as adults in 
Federal courts. Under current Federal transfer law, an adult 
court judge determines on a case-by-case basis whether it is 
``in the interest of justice'' to charge a youth in adult 
court. However, this amendment would have given prosecutors--
instead of judges--the unreviewable discretion to decide 
whether to prosecute youth as adults for certain Federal 
crimes, including attempting or conspiring to commit these 
crimes and any related crimes.
    This amendment was rejected on a roll call vote, with 
opposing Senators expressing concerns that judicial review is a 
critical component in making a decision to prosecute youth as 
adults. The vote record is as follows:

    Tally: 6 Yeas, 13 Nays
    Yeas (6): Schumer (D-NY), Sessions (R-AL), Kyl (R-AZ), 
Graham (R-SC), Cornyn (R-TX), Coburn (R-OK).
    Nays (13): Kohl (D-WI), Feinstein (D-CA), Feingold (D-WI), 
Specter (D-PA), Durbin (D-IL), Cardin (D-MD), Whitehouse (D-
RI), Klobuchar (D-MN), Kaufman (D-DE), Franken (D-MN), Hatch 
(R-UT), Grassley (R-IA), Leahy (D-VT).

    The Committee then voted to report the Juvenile Justice and 
Delinquency Prevention Reauthorization Act of 2009, as amended, 
favorably to the Senate. The Committee proceeded by roll call 
vote as follows:

    Tally: 12 Yeas, 7 Nays
    Yeas (12): Kohl (D-WI), Feingold (D-WI), Specter (D-PA), 
Schumer (D-NY), Durbin (D-IL), Cardin (D-MD), Whitehouse (D-
RI), Klobuchar (D-MN), Kaufman (D-DE), Franken (D-MN), Grassley 
(R-IA), Leahy (D-VT).
    Nays (7): Feinstein (D-CA), Sessions (R-AL), Hatch (R-UT), 
Kyl (R-AZ), Graham (R-SC), Cornyn (R-TX), Coburn (R-OK).

                        C. ADMINISTRATION VIEWS

    On April 15, 2010, in a letter from Assistant Attorney 
General Ronald Weich to Chairman Leahy, the Department of 
Justice indicated that it ``strongly supports'' reauthorization 
of the Juvenile Justice and Delinquency Prevention Act, and the 
key improvements made by this bill.

            III. Section-by-Section Summary of the Bill\23\

---------------------------------------------------------------------------
    \23\Committee amendments are described separately in Section II.B, 
supra.
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Section 1. Short title

    This section cites the short title of the Act as the 
``Juvenile Justice and Delinquency Prevention Reauthorization 
Act of 2009.''

Section 2. Table of contents

    This section provides the table of contents for the Act.

Section 101. Findings

    This section contains congressional findings supporting the 
need for reauthorization.

Section 102. Purposes

    This section contains the Act's purposes, including a new 
purpose to support a continuum of programs including 
delinquency prevention, intervention, mental health and 
substance abuse treatment, and aftercare, to address the needs 
of at-risk youth and youth who come into contact with the 
justice system.

Section 103. Definitions

    This section amends certain existing definitions, and adds 
several new definitions. The term ``adult inmate'' is amended 
to give States the authority to retain youth who are placed in 
juvenile facilities after they reach the maximum age of 
extended jurisdiction. The section also defines the following 
terms for the first time: ``core requirements;'' ``chemical 
agent;'' ``isolation;'' ``restraint;'' ``evidence based;'' 
``promising;'' and ``dangerous practice.''

Section 201. Concentration of Federal efforts

    This section clarifies the date on which the Administrator 
must issue the annual plan for coordinating Federal juvenile 
justice efforts.

Section 202. Coordinating Council on Juvenile Justice and Delinquency 
        Prevention

    This section provides for the addition of several members 
to the Coordinating Council on Juvenile Justice and Delinquency 
Prevention, including individuals from the mental health 
fields.

Section 203. Annual report

    This section modifies several existing reporting 
requirements in the OJJDP Administrator's annual report, 
including requiring data on conditions of confinement 
(isolation and restraints), incarceration of pregnant 
juveniles, release from custody, and status offenders.
    This section also requires that the Administrator include a 
description of the criteria used to determine what programs 
qualify as evidence-based and promising programs under JJDPA 
titles II and V, and a comprehensive list of those programs 
that have been determined to meet the criteria, as well as a 
description of funding provided to Indian tribes under this 
Act.

Section 204. Allocation of funds

    This section clarifies that funds should be allocated to 
States under the Juvenile Justice and Delinquency Prevention 
Act (JJDPA) based on the most recent census data available.
    This section authorizes the reinvestment of funds withheld 
due to noncompliance with one or more of the core requirements 
as an ``incentive grant'' aimed at helping States to regain 
compliance. It also requires that the Administrator provide 
support and technical assistance to the States in achieving and 
maintaining compliance with the Act.

Section 205. State plans

    This section makes a number of changes to the information 
that participating States must include in their State plans.
    Specifically, this section requires States to publicly 
disclose their State plan online within 30 days of its approval 
by the Administrator.
    This section changes the composition of the State advisory 
group to include volunteers who work with delinquent youth or 
youth at risk of delinquency, including volunteers who work 
with youth of color, the State's Runaway and Homeless Youth Act 
executive director, persons with expertise and competence in 
preventing and addressing mental health or substance abuse 
problems in juvenile delinquents and those at risk of 
delinquency, and representatives of victim or witness advocacy 
groups.
    This section requires States to inform stakeholders about 
the State's plan and compliance with the core requirements. In 
addition, the plan must also provide alternatives to detention, 
including diversion to home-based detention or community-based 
services or treatment for those youth in need of mental health, 
substance abuse, or co-occurring disorder services at the time 
the juvenile first came into contact with the juvenile justice 
system. And it must include a plan to reduce the number of 
children housed in secure detention and corrections facilities 
who are awaiting placement in residential treatment programs, a 
plan to encourage inclusion of family members in the design and 
delivery of juvenile delinquency prevention and treatment 
services, particularly post-placement, and a plan to use 
community-based services to address the needs of at-risk youth 
or youth who have come into contact with the juvenile justice 
system.
    This section ensures that States advisory groups use JJDPA 
funds for the provision of training, technical assistance and 
consultation with State and local juvenile justice and child 
welfare agencies to develop coordinated dependence and 
delinquency system plans for early intervention and treatment 
of youth who have a history of abuse, as well as those 
juveniles who have prior involvement with the juvenile justice 
system. JJDPA funds must also be used for programs to improve 
the recruitment, selection, training, and retention of 
professional personnel in the fields of medicine, law 
enforcement, 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. The funds must 
also go toward expanding access to publicly supported, court-
appointed legal counsel and enhancing capacity for the 
competent representation of every child.
    This section encourages the use of community-based 
alternatives to secure detention.
    This section expands the jail removal and sight and sound 
requirements to keep youth awaiting trial in adult criminal 
court out of adult lock-ups and jails under certain 
circumstances. The section requires that a youth be placed in a 
juvenile facility unless a judge determines it is in the 
``interest of justice'' for the youth to be held in an adult 
facility. The interest of justice shall be determined by 
looking at a variety of factors, including the age, physical 
and mental maturity of the juvenile, the nature and 
circumstances of the alleged offense, the relative ability of 
the available adult jails and lock ups and juvenile detention 
facilities to meet the specific needs of the juvenile, and the 
protection of the public among other relevant considerations. 
The procedural protections for juveniles charged as adults who 
are placed by judges in adult jails or lock-ups pre-trial are 
strengthened by, among other new protections, requiring the 
court to hold a review hearing at least every 30 days, if it 
determines that it is in the interest of justice to permit a 
juvenile to be held in any jail or lockup for adults or have 
contact with adult inmates. The juvenile may not be held for 
more than 180 days unless the court, in writing, determines 
that there is a good cause exception.
    This section updates the Disproportionate Minority Contact 
core requirement by providing additional direction to States 
and localities on how to identify and reduce racial and ethnic 
disparities among youth who come into contact with the juvenile 
justice system and by mandating that community-based services 
are both culturally and linguistically competent.
    This section updates the Valid Court Order exception by 
ensuring that ``status offenders''--juveniles arrested for 
offenses that would not be criminal if committed by adults--are 
not placed in secure detention for longer than seven days, and 
that the order may not be renewed or extended. If a juvenile is 
taken into custody for violating a valid court order issued for 
committing a status offense, this section requires the court to 
identify the court order violation, specify the factual basis 
for the violation, and provide findings of fact that support a 
determination that there is no appropriate less restrictive 
alternative available with due consideration of the juvenile's 
best interests. This section also requires states to eliminate 
within three years the use of valid court orders to provide 
secure detention of status offenders, and provides for one-year 
extensions of time for States that can demonstrate hardship.
    This section encourages States to ensure that records are 
shared between the juvenile justice system and the child 
welfare system for youth who have been abused or neglected.
    This section requires that the plan address mental health 
and substance abuse screening, assessment, referral, and 
treatment for juveniles in the juvenile justice system. The 
plan must also include development of policies and procedures, 
as well as training for staff, to eliminate the use of 
dangerous practices and unreasonable restraints and isolation. 
The plan should include development of effective behavior 
management techniques.
    This section creates new procedural safeguards to improve 
juvenile reentry services. The safeguards include, but are not 
limited to: a written case plan for each juvenile that 
describes pre-release and post-release programs; living 
arrangements after discharge and post-release support such as 
behavioral health care; and, as appropriate, a hearing that 
details the discharge plan for the juvenile that shall take 
place no earlier than 30 days before the scheduled release.
    This section requires States who are out of compliance with 
the Act to submit a report to the Administrator detailing the 
reasons for non-compliance and a plan to regain compliance. The 
report must be posted on a publicly available website. The 
Administrator must issue a public report detailing the 
determination of compliance and post it on a publicly available 
website.
    Under current law, OJJDP is empowered to take action 
against States that fail to comply with a core requirement ``in 
the subsequent fiscal year.'' This section strikes that 
limitation, and allows OJJDP to take action in the current 
fiscal year, if appropriate.

Section 206. Authority to make grants

    This section amends the Administrator's grant-making 
authority to add truancy prevention and reduction activities to 
the list of after-school programs that provide at-risk 
juveniles and juveniles in the system with a range of age-
appropriate activities. Also added to the list are projects 
that support the establishment of 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.

Section 207. Grants to Indian Tribes

    This section eliminates the requirement that an Indian 
tribe applying for a grant under the JJDPA be required to 
provide evidence that the applicant Indian tribe performs law 
enforcement functions (as determined by the Secretary of the 
Interior).

Section 208. Research and evaluation; statistical analyses; information 
        dissemination

    This section requires the Administrator to provide an 
annual written and publicly available plan to identify the 
purposes and goals of all programs carried out with funds. It 
also requires the Administrator to conduct research or 
evaluation relating to the prevalence and duration of 
behavioral 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. The research shall also include training 
efforts and reforms that have produced reductions in or 
elimination of the use of dangerous practices. Finally, the 
report shall include a description of the best practices in 
discharge planning and an assessment of living arrangements for 
juveniles who cannot return to the homes of the juveniles.
    This section requires the development of a National 
Recidivism Measure. It requires the Administrator to establish 
a uniform method of data collection and technology used to 
evaluate data on juvenile recidivism, establish a common 
national juvenile recidivism measure, and make cumulative 
juvenile recidivism data that is collected from States 
available to the public.
    This section also requires the Administrator to assess the 
effectiveness of the practice of treating juveniles as adults 
for purposes in criminal court and submit the findings and 
conclusions of the assessment to Congress and the President as 
well as to the public, and to conduct a study of adjudicated 
juveniles who have reintegrated into the community and publish 
a report on the outcomes.

Section 209. Training and technical assistance

    This section compels the Administrator to, among other 
requirements, make publicly available his or her decision-
making with respect to grants to States, provide for the 
development and promulgation of standards of practice for 
attorneys representing children, and ensure the adoption of 
these standards.
    The Administrator must also coordinate training and 
technical assistance programs with juvenile detention and 
corrections personnel of States and units of local government 
to promote evidence-based and promising methods for improving 
conditions of juvenile confinement, including those that are 
designed to minimize the use of dangerous practices, 
unreasonable restraints, and isolation, and to promote positive 
behavioral management techniques.

Section 210. Incentive grants for state and local programs

    This section creates a new incentive grant program and sets 
forth activities that may receive incentive grant funding and 
the means by which States may apply for the grants. Permissible 
uses of incentive grant funds include increasing the use of 
evidence-based or promising prevention programs; improving the 
recruitment, selection, training and retention of professional 
personnel; and the establishment of a partnership between 
juvenile justice agencies of a State or unit of local 
government and mental health authorities of State or unit of 
local government to enhance mental health and substance abuse 
services for juveniles. At least one-half of the funds 
allocated under this program must be authorized for evidence-
based or promising programs, as those terms are now defined.

Section 212. Authorization of appropriations

    This section sets authorization levels for the JJDPA title 
II programs as follows: (A) $245,900,000 for fiscal year 2011; 
(B) $295,100,000 for fiscal year 2012; (C) $344,300,000 for 
fiscal year 2013; (D) $393,500,000 for fiscal year 2014; and 
(E) $442,700,000 for fiscal year 2015.
    This section also sets authorization levels for the new 
incentive grants program at $80,000,000 for each of fiscal 
years 2011, 2012, 2013, 2014, and 2015. Of the sums 
appropriated for a fiscal year to carry out the incentive 
grants program, at least 40% of the funds shall be used for 
programs that are carrying out an activity described in 
subparagraph (C), (D), or (E) of section 271(b)(1).

Section 213. Administrative authority

    This section strikes the word ``requirements'' as described 
in paragraphs (11), (12), and (13) of section 223(a), and 
replaces it with ``core requirements.''

Section 214. Authority for Federal pretrial services with respect to 
        juveniles

    This section allows for Federal pretrial services to 
provide the same services to any juveniles assigned to them 
that they provide to adults.

Section 215. Technical and conforming amendments

    This section makes several technical and conforming 
amendments.

Section 301. Definitions

    This section adds a definition for the term ``mentoring.''

Section 302. Grants for delinquency prevention programs

    This section adds mentoring as an allowable use of JJDPA 
title V delinquency prevention programs.

Section 303. Authorization of appropriations

    This section sets authorization levels for the JJDPA title 
V programs as follows: (1) $322,800,000 for fiscal year 2011; 
(2) $373,400,000 for fiscal year 2012; (3) $424,000,000 for 
fiscal year 2013; (4) $474,600,000 for fiscal year 2014; and 
(5) $525,200,000 for fiscal year 2015.

Section 304. Technical and conforming amendments

    This section makes several technical and conforming 
amendments.

             IV. Congressional Budget Office Cost Estimate

    The Committee sets forth, with respect to the bill, S. 678, 
the following estimate and comparison prepared by the Director 
of the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974:

                                                  January 26, 2010.
Hon. Patrick J. Leahy,
Chairman, Committee on the Judiciary,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 678, the Juvenile 
Justice and Delinquency Prevention Reauthorization Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 678--Juvenile Justice and Delinquency Prevention Act of 2009

    Summary: S. 678 would authorize the appropriation of about 
$4.3 billion over the 2011-2015 period, mostly for the 
Department of Justice (DOJ) to make grants to state and local 
governments for programs to reduce juvenile delinquency and 
improve the juvenile justice system. In addition, the bill 
would authorize the appropriation of such sums as necessary for 
each fiscal year over the 2011-2015 period for juvenile 
delinquency block grants and state challenge grants. The bill 
also would appropriate $4.75 million annually over the 2011-
2015 period from the DOJ Assets Forfeiture Fund for innovative 
crime and delinquency prevention programs and for a commission 
on public safety.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 678 would have discretionary 
costs of about $2.7 billion over the 2011-2015 period and 
another $2.1 billion in subsequent years. In addition, we 
estimate that enacting the legislation would increase direct 
spending by $19 million over the 2011-2015 period and by $24 
million over the 2011-2020 period.\1\ Enacting the bill would 
not affect revenues.
---------------------------------------------------------------------------
    \1\Different time periods are relevant for enforcing pay-as-you-go 
rules. CBO estimates that enacting S. 678 would increase direct 
spending by $14 million over the 2010-2014 period, and by $24 million 
over the 2010-2019 period.
---------------------------------------------------------------------------
    S. 678 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 678 is shown in the following table. The 
costs of this legislation fall within budget functions 750 
(administration of justice) and 800 (general government).

----------------------------------------------------------------------------------------------------------------
                                                         By fiscal year, in millions of dollars--
                                         -----------------------------------------------------------------------
                                            2011      2012      2013      2014      2015    2011-2015  2011-2020
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATIONPrograms with Specified Funding Levels:
    Authorization Level.................       695       772       871       956     1,051      4,345      4,345
    Estimated Outlays...................        88       288       497       686       867      2,426      4,345
Other Programs:
    Estimated Authorization Level.......        95        97       100       103       106        499        499
    Estimated Outlays...................        12        38        62        83       100        295        499
    Total Changes:
        Estimated Authorization Level...       790       868       971     1,059     1,157      4,844      4,844
        Estimated Outlays...............       100       326       559       769       966      2,721      4,844                                           CHANGES IN DIRECT SPENDINGSpending from Assets Forfeiture Fund:
    Estimated Budget Authority..........         5         5         5         5         5         24         24
    Estimated Outlays...................         1         3         5         5         5         19        24
----------------------------------------------------------------------------------------------------------------
Note: Numbers may not sum to totals because of rounding.

    Basis of estimate: CBO assumes that S. 678 will be enacted 
during fiscal year 2010, that the authorized and estimated 
amounts will be appropriated near the start of each fiscal year 
and that spending will follow the historical spending patterns 
for those activities.

Spending subject to appropriation

    CBO estimates that S. 678 would authorize the appropriation 
of about $4.8 billion over the 2011-2015 period for the 
juvenile justice and delinquency prevention programs covered by 
the bill. That total includes $4.3 billion specified in the 
bill for various programs and an estimated $500 million for 
juvenile justice block grants and state challenge grants. CBO 
estimated the cost of the block grants and challenge grants by 
adjusting the amounts appropriated for those programs for 2010 
(about $91 million) for anticipated inflation.
    S. 678 also would direct the Government Accountability 
Office to conduct an evaluation and audit of the activities of 
the DOJ Office of Juvenile Justice Delinquency and Prevention. 
We estimate that the evaluation and audit would cost about $1 
million.

Direct spending

    For the first full fiscal year after the bill's enactment 
and for each of the subsequent four fiscal years, S. 678 would 
appropriate $4.75 million from the Assets Forfeiture Fund for 
innovative crime and delinquency prevention programs and for a 
commission on public safety. CBO estimates that this provision 
would increase direct spending by about $24 million over the 
2011-2017 period.
    Intergovernmental and private-sector mandates: S. 678 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Mark Grabowicz; Impact on state, 
local, and tribal Governments: Melissa Merrell; Impact on the 
private sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    V. Regulatory Impact Evaluation

    In compliance with rule XXVI of the Standing Rules of the 
Senate, the Committee finds that no significant regulatory 
impact will result from the enactment of S. 678.

                             VI. Conclusion

    This legislation seeks to move the country in new 
directions to protect our communities and give our children the 
chance they need to grow up to be productive members of 
society. But the Committee was careful to do so with full 
respect for the discretion due to law enforcement and judges, 
with deference to States, and with a regard for difficult 
fiscal realities.

                          VII. Minority Views

                              ----------                              


         MINORITY VIEWS FROM SENATORS COBURN, KYL, AND SESSIONS

    The Juvenile Justice and Delinquency Prevention 
Reauthorization Act of 2009 (S. 678) does not include any major 
reforms that address problems with grant management by the 
Office of Juvenile Justice and Delinquency Prevention (OJJDP). 
Together with the increased spending authorizations contained 
in S. 678, this reauthorization misses the mark when it comes 
to reforming grant management and ensuring that taxpayer 
dollars that are provided to juvenile justice grantees are free 
from fraud, waste, or abuse.
    The Department of Justice Office of the Inspector General 
(DOJ Inspector General) has labeled grant management as one of 
the top management and performance challenges at the Justice 
Department every year since 2000. For example, in 2007, the DOJ 
Inspector General found that ``Department components that award 
grants still lack adequate financial and programmatic oversight 
of their varied grant programs . . . raising questions about 
how effectively these grant funds are being spent.''\1\ The DOJ 
Inspector General also stated, ``OIG audits continue to 
identify a variety of management concerns regarding the 
Department's oversight of its grant programs, including 
problems in the grant closeout process, improper use of grant 
funds, difficulties in meeting grant objectives, and poor 
performance measurement of grant effectiveness.''\2\
---------------------------------------------------------------------------
    \1\Office of the Inspector General, United States Dep't of Justice, 
Top Mgmt. and Performance Challenges in the Dep't of Justice (2007) 
available at http://www.usdoj.gov/oig/challenges/2007/ (last visited 
Sept. 5, 2008).
    \2\Id.
---------------------------------------------------------------------------
    These findings have not improved in the last two years. In 
2008, the DOJ Inspector General noted, ``[f]or at least the 
past 8 years, the OIG has identified grant management as a 
significant challenge for the Department, not only in terms of 
making timely awards of grant funds, but also in maintaining 
proper oversight over grantees to ensure the funds are used as 
intended.''\3\ In its 2009 report, the DOJ Inspector General 
stated, ``[i]n April 2009, the OIG released a report which also 
found significant deficiencies in how OJP's Office of Juvenile 
Justice and Delinquency Prevention (OJJDP) awarded over $113 
million in discretionary grants in FY 2007. Our review found 
that OJJDP allocated $74 million of the $113 million it awarded 
that year for non-competitive grants or ``invitational awards' 
to 17 organizations after officials from the Office of the 
Attorney General, the White House, and Congress contacted OJP 
to lobby for non-competitive awards to certain 
organizations.''\4\
---------------------------------------------------------------------------
    \3\Office of the Inspector General, United States Dep't of Justice, 
Top Mgmt. and Performance Challenges in the Dep't of Justice (2008) 
available at http://www.justice.gov/oig/challenges/2008/index.htm (last 
visited July 21, 2010).
    \4\Office of the Inspector General, United States Dep't of Justice, 
Top Mgmt. and Performance Challenges in the Dep't of Justice (2009) 
available at http://www.justice.gov/oig/challenges/
2009_challenges.pdf#7 (last visited July 21, 2010).
---------------------------------------------------------------------------
    ``With respect to the competitive awards OJJDP made in FY 
2007, we also found that OJJDP skipped several steps in its 
peer review process that are critical to ensuring that 
objective criteria are applied uniformly to all the applicants 
during the peer review process.''\5\ In June 2008, Senators 
Leahy, Specter, Mikulski, Kohl and Feinstein sent a letter to 
Attorney General Mukasey noting the DOJ needed to provide 
information ``in order to ensure that Congress has the 
information it needs to perform effective oversight of OJJDP, 
and to better inform the reauthorization of the JJDPA. . . 
.''\6\ Yet, this letter was sent less than two weeks after 
Senator Leahy introduced the 2008 Juvenile Justice and 
Delinquency Prevention Act (JJDPA) Reauthorization.
---------------------------------------------------------------------------
    \5\Id.
    \6\Letter to Attorney General Mukasey from Senators Leahy, Specter, 
Mikulski, Kohl and Feinstein on the reauthorization of JJDPA, June 27, 
2008.
---------------------------------------------------------------------------
    Before any legislation moves forward, bill sponsors should 
delay consideration of the bill until this committee has an 
opportunity to conduct further hearings on grant management and 
oversight of all DOJ divisions, specifically OJJDP. Although 
the Attorney General answered this 2008 letter, such response 
occurred only days before the 2008 markup, and included over 
10,000 pages.
    Furthermore, even though this committee held a hearing in 
December 2007 addressing potential legislation reauthorizing 
the JJDPA, that hearing occurred prior to any allegations of 
misconduct within OJJDP and before discovering the additional 
problems identified by the DOJ Inspector General over the last 
two years. Thus, there have been no hearings to address the 
most recent problems within OJJDP. The audits and findings by 
the OIG should be addressed through hearings concentrating on 
grant management problems and solutions, and establishing 
metrics and standards for awarding grants before any further 
funding is provided to any division of the DOJ. Such hearings 
should especially occur before we pass S. 678, a large spending 
bill specifically funding OJJDP, which has already proven it 
cannot responsibly manage and award federal grants. If we 
authorize new spending, we should at least ensure the programs 
are working. While some important grant programs do exist, if 
we do not ensure proper controls exist, it is a recipe for 
disaster.
    In addition to the Department-wide problems associated with 
grant management, the DOJ Inspector General has conducted 
audits of individual grantees that receive funding from OJJDP 
under the JJDPA. These audits reveal a series of problems 
associated with grant management and performance and are 
evidence of the need for a comprehensive evaluation of OJJDP 
grant recipients. For example, a series of audit reports 
entered into the Committee hearing record at the July 31, 2008 
mark-up show that grantees across the country from California 
to Florida had serious errors and failures in complying with 
program requirements. These audits found problems such as 
unauthorized expenditures by grantees, undocumented 
expenditures, unallowable costs, inadequate supporting 
documentation, untimely submission of documentations, 
subgrantees failure to comply with audit requirements, failure 
to follow competitive bidding requirements, programs failing to 
accomplish goals, and failure to provide support for staff 
salaries and fringe benefits. These are serious program 
failures that need to be corrected so that taxpayer dollars are 
not lost to fraud, waste, and abuse.
    Another significant problem with OJJDP's grant management 
is the significant duplication of JJDPA grant programs with 
each other and with other federal agencies' juvenile justice 
grant programs. The Congressional Research Service (CRS) 
states, ``overlap exists within the federal government 
concerning programs that offer services for juveniles.''\7\ For 
example, ``[t]he State Formula Grant and the Delinquency 
Prevention Block Grant programs . . . both feature a wide array 
of purpose areas elucidated in legislative language that are 
largely similar.''\8\ In addition, the Delinquency Prevention 
Block Grant, Challenge (Demonstration) Grants and Title V 
Incentive Grants ``all include language allowing OJJDP to 
provide funding for additional programs not included in the 
specific purpose areas identified.''\9\
---------------------------------------------------------------------------
    \7\Finklea, Kristin, Congressional Research Service, ``Juvenile 
Justice: Legislative History and Current Legislative Issues,'' January 
14, 2010, RL33947, p. 21.
    \8\Id. at 20.
    \9\Id. at 21.
---------------------------------------------------------------------------
    Furthermore, grant programs authorized by JJDPA overlap 
programs in other federal agencies. CRS asserts that evidence 
shows there is a relationship between child abuse/mistreatment 
and juvenile delinquency, which ``has led to duplication of 
efforts within many federal agencies and what may sometimes be 
a considerable overlap in the funding opportunities available 
to states and local entities.''\10\ Youth violence programs are 
an example of agency funding overlap. Youth violence federal 
funding is available at the DOJ, and the Departments of Health 
and Human Services, Education, Labor and Agriculture. ``There 
are a multitude of federal programs throughout the government 
that deal with youth violence's causes, its effects and its 
ramifications. The amount of coordination that is occurring 
between the departments on these issues remains an open 
question.''\11\ Before more funding is authorized for OJJDP, it 
is imperative that coordination among agencies occurs in order 
to streamline juvenile justice programs and make them more 
effective. Yet, none of these duplication issues are addressed 
in this reauthorization legislation.
---------------------------------------------------------------------------
    \10\Id. at 22.
    \11\Id.
---------------------------------------------------------------------------
    This bill, as amended, contains an overwhelming $4.3 
billion in authorizations without offsets, and there is a 
history of tension between authorizations and appropriations 
for juvenile justice programs. According to CRS, ``the current 
disconnect between the authorization and the appropriation 
could present a significant challenge for OJJDP.''\12\ Even 
early juvenile justice legislation in the 1970s was plagued 
with problems of delay and inefficiency. Specifically, ``less 
than a third of the $150 million authorized for FY1968-1971 was 
appropriated. Furthermore, only half of the funds that were 
appropriated were actually expended. The funds were generally 
spent on underfunded, unrelated and scattered projects.''\13\
---------------------------------------------------------------------------
    \12\Id. at 20.
    \13\Id. at 6 (quoting U.S. Congress, House Committee on Education 
and Labor, Juvenile Justice and Delinquency Prevention Amendments of 
1977, H.Rept. 95-313, pp. 35-36.)
---------------------------------------------------------------------------
    More recently, the 2002 reauthorization of the JJDPA also 
reauthorized OJJDP, ``which had remained unauthorized since 
FY1997, but which had been appropriated annually through 
FY2007.''\14\ The 2002 reauthorization of the JJDPA created the 
Juvenile Delinquency Prevention Block Grant by eliminating six 
smaller grants to combine them into this one large block grant. 
However, according to CRS, ``the annual appropriation for OJJDP 
continues to adhere to the previous structure, and funds have 
been appropriated in each subsequent fiscal year for some of 
the grant programs that were repealed in 2002.''\15\
---------------------------------------------------------------------------
    \14\Id. at 31.
    \15\Id. at 20; see also Finklea, Kristin, Congressional Research 
Service, ``Juvenile Justice Funding Trends,'' January 8, 2010, p. 4-5.
---------------------------------------------------------------------------
    We concur with what Senator Grassley noted at the July 31, 
2008 markup, when he stated: ``I also have some reservations 
that this Committee is delegating away its authority to the 
Appropriations Committee by authorizing new spending without an 
offset. If we continue to authorize money for every program, 
the appropriators will have more say over policy than we do 
here at the Judiciary Committee. We need to give the 
appropriators sound instructions on what to fund.'' 
Appropriators already often go beyond a bill's authorization 
language when deciding which programs to fund and in what 
amount. As noted above, appropriators continued to fund several 
individual grants despite the fact that they were repealed and 
combined into one large grant in 2002. If this Committee 
becomes complicit in such behavior by not addressing these 
issues, we will no longer correctly function as the oversight 
authority for the DOJ.
    Moreover, juvenile justice is primarily a state 
responsibility. CRS accurately states, ``[a]dministering 
justice to juvenile offenders has largely been the domain of 
the states . . . there is no federal juvenile justice 
system.''\16\ In fact, the first major federal legislation for 
juveniles in 1938 left the state juvenile justice systems as 
the ``preferred method for juveniles arrested for violating 
federal laws.''\17\ Mr. Flores, former Administrator of OJJDP, 
testified at the December 5, 2007 hearing that ``private, city, 
state and non-profit agencies and officials are committing 
funds and resources to expand this effort in their cities.'' 
OJJDP already ``supports collaboration at the state and local 
levels.'' Thus, state and local governments and non-profit 
organizations already have the ability to support juvenile 
justice efforts.
---------------------------------------------------------------------------
    \16\Finklea, supra note 7, at 1.
    \17\Id. at 4.
---------------------------------------------------------------------------
    Although the federal government has traditionally respected 
juvenile justice as within the states' domain, it started down 
a slippery slope of providing increasingly large amounts of 
federal funds to state juvenile justice systems beginning in 
the 1960s. Over time, those federal funds have been spread thin 
among a variety of grant programs and purposes. Thus, by 
assuming greater responsibility, the federal government may 
actually be hurting efforts to reform the juvenile justice 
system and rehabilitate juvenile offenders.
    Since the states are ultimately tasked with implementing 
these programs, they should become greater sources of funding, 
in order to ensure the long-term success of these programs. 
States, in fact, may actually be in the best position to 
consistently fund juvenile justice programs.
    While we seriously question the constitutionality of 
supplying federal funds to states and other local grantees for 
the bill's purposes, since many are already in place, we 
believe the states and other grantees should participate 
significantly in funding services for juveniles in their 
communities. The only way state and local grantees can ensure 
fiscal vitality in the future is to reduce their dependence on 
federal funding. This can be accomplished by requiring the 
grantee to match the federal portion of any juvenile justice 
grants funded under JJDPA.
    In addition, as a grantee invests additional funds into its 
services, it is more likely to remain truly committed to 
developing new and innovative strategies to help juveniles 
caught up in the criminal justice system. The easiest way to 
ensure this occurs is to require the federal government to 
provide no more than 50% of the grant amount.
    No doubt juvenile justice grantees want future funding to 
be consistent. With our federal debt at $13.2 trillion and 
skyrocketing by the day, coupled with Congress' inability to 
control and reduce federal spending on lower priorities, 
grantees should be very concerned about availability of future 
federal funding. Requiring grantees to match federal funds in 
these grants will ensure more fiscal stability for them in the 
future. The ever fluctuating federal budget will only serve to 
decrease the states' confidence in the consistency of juvenile 
justice funding.
    Nowhere in the Constitution is the federal government 
tasked with providing states and localities with basic funding 
for their juvenile justice systems. Although it is important to 
ensure our youth avoid contact with the juvenile justice 
system, it is not a federal responsibility. Thus, at the very 
least, grantees should share equally when the federal 
government provides funding to support what are very clearly 
state responsibilities.
    The original JJDPA has been around for over 30 years with 
the last reauthorization occurring in 2002. While the JJDPA has 
laudable goals and has helped to create a national policy for 
the way juvenile offenders are treated, this does not mean that 
Congress should not require a comprehensive evaluation of the 
program prior to or as part of any significant reauthorization. 
The selected audits conducted by the DOJ Inspector General 
raise serious questions that need to be addressed by Congress. 
S. 678 authorizes billions of dollars in new spending that is 
not offset by any reduction in spending authorized by the 
committee in other areas. As such, the committee continues to 
authorize new spending without critically reviewing programs or 
making the tough decisions about where to reduce authorized 
funding for an offset. The end result of continued 
authorizations is a loss of control by the authorizing 
committee, placing the Appropriations Committee in a position 
to set policy by choosing which programs to fund and which to 
ignore. It is our opinion that any significant reauthorization 
should address the problems highlighted by the DOJ Inspector 
General before authorizing billions of dollars in new spending 
of taxpayer dollars.
    We look forward to participating in hearings that will 
address all aspects of federal funding and the grant-making 
process within the DOJ. Although we believe juvenile justice is 
a state issue, we believe that--to the extent Congress chooses 
to fund it--we can and should find the most fiscally-
responsible way to disburse the money, and that we should do so 
by identifying and offsetting lower priority programs within 
the DOJ.

                                   Tom Coburn.
                                   Jon Kyl.
                                   Jeff Sessions.

                  MINORITY VIEWS FROM SENATOR GRASSLEY

    While I voted to report the Juvenile Justice and 
Delinquency Prevention Reauthorization Act of 2009 (S. 678) out 
of Committee, I still have serious concerns about the 
legislation. I continue to share the concerns of my colleagues 
that have written separately regarding the lack of significant 
reforms in this bill related to the Department of Justice's 
management of grant programs, particularly in the Office of 
Juvenile Justice and Delinquency Prevention (OJJDP). I also 
share their concerns about the increased spending 
authorizations that the underlying bill contains. I write 
separately to discuss these concerns and to explain the 
importance of the amendments I authored that were incorporated 
into S. 678, in addition to an amendment I authored that was 
adopted by the Committee during the mark-up of S. 678.
    My Republican colleagues have written at length, 
separately, highlighting the problems the Inspector General has 
found with grant management at the Department. I share all of 
the concerns expressed by my colleagues in their minority 
supplemental views regarding grants management. I would simply 
add that given the billions of dollars in additional spending 
authorized by this bill, serious consideration needs to be 
given by this Committee to introducing comprehensive 
legislation to increase accountability, transparency, and 
oversight of grants issued by the Department of Justice in all 
grant programs, not just those authorized by the JJDPA.
    The bill does include some provisions that will help bring 
some accountability to the grant program managed by OJJDP. 
Specifically, it includes three provisions that I offered as 
amendments to similar legislation during the 110th Congress 
that will help to provide additional oversight of OJJDP and the 
grant programs authorized. The first provision that was 
incorporated into the bill requires the Coordinating Council on 
Juvenile Justice to provide a detailed accounting of activities 
conducted by the council during the fiscal year, including a 
review of expenses. The Coordinating Council was created in the 
original Juvenile Justice and Delinquency Prevention Act of 
1974 and is headed by the Attorney General and includes a 
number of Cabinet level Secretaries. The Council is tasked with 
coordinating ``all Federal juvenile delinquency programs (in 
cooperation with State and local juvenile justice 
programs.''\1\ The 1992 legislation updating the JJDPA required 
that the Coordinating Council provide their recommendations to 
Congress. However, this report was limited to the 
recommendations only and not an accounting of the $200,000 that 
were authorized to fund the Coordinating Council. My amendment 
that was incorporated will require the Coordinating Council to 
account for how these taxpayer funds are spent so that Congress 
can determine if the costs are truly necessary.
---------------------------------------------------------------------------
    \1\42 U.S.C. Sec. 5616(c) (2006).
---------------------------------------------------------------------------
    Two additional provisions I previously offered as 
amendments to similar legislation in the 110th Congress were 
also adopted. These two amendments require OJJDP to include new 
information in their annual report to Congress. Specifically, 
OJJDP must: (1) report on internal controls that exist to 
ensure that grantees follow grant program requirements, (2) 
provide an analysis of payments made to grantees who violated 
grant program rules and determine if OJJDP ever recovered the 
funds that were inappropriately spent. These amendments help to 
enhance the annual report submitted by OJJDP to Congress; 
however, they are not a substitute for a comprehensive 
evaluation to be conducted by a disinterested auditor.
    The Committee also voted 10-9 to adopt on an amendment I 
authored that was designed to further strengthen accountability 
and oversight of OJJDP and the grantees who are awarded federal 
funding under the JJDPA. The amendment requires a top-to-bottom 
review of OJJDP and an audit and evaluation of a statistically 
significant sample of grantees who received funds under the 
JJDPA.
    The amendment provides guidance to the GAO by setting forth 
eight considerations to examine when conducting the evaluation 
of OJJDP. These eight considerations were designed to help the 
Comptroller General critically examine OJJDP to determine: (1) 
whether there is conflict or duplication between the JJDPA and 
other programs administered by DOJ or other agencies, (2) 
whether there are potential benefits of consolidating programs 
with duplicate missions, (3) whether operations are impeded or 
enhanced by existing statutes, (4) the number and type of 
beneficiaries or persons served by the program, (5) the manner 
with which the agency seeks public input and input from State 
and local governments, (6) the extent to which the agency 
complies with the Freedom of Information Act, (7) whether 
greater oversight is needed, and (8) the extent to which 
changes are necessary in the authorizing statutes of the agency 
to bring efficiency to the program. The purpose of adding these 
specific considerations was to help GAO structure the audit and 
evaluation in a manner that would provide Congress with as much 
information as possibly assess whether the concerns regarding 
grant management and performance raised by the DOJ Inspector 
General continue to exist in grants managed by OJJDP.
    The amendment also requires GAO to conduct an audit of a 
statistically significant sample of OJJDP grantees. This audit 
was included in the amendment in an effort to collect a larger 
sample of information from OJJDP grantees and to verify the 
results of the individual audits conducted by the DOJ Inspector 
General. The previous audits conducted by the DOJ Inspector 
General pointed to significant problems on the part of OJJDP 
grantees in meeting the requirements of the grant program and 
in appropriately spending grant monies. If the problems 
outlined by the individual audits extend to a larger portion of 
OJJDP grantees, it is possible that hundreds of millions of 
dollars could be at risk of waste, fraud, or abuse. The 
amendment required GAO to complete both audits and evaluations 
and issue reports to Congress no later than October 1, 2011.
    Unfortunately, a number of my colleagues opposed this 
straightforward amendment. Those who opposed the amendment 
cited concerns that the amendment would duplicate oversight 
requirements already in the bill, unduly burden scarce state 
resources, and question the existence of key juvenile justice 
programs. These concerns are without merit; the current bill 
only requires annual reporting to Congress by OJJDP and not by 
an independent auditor such as GAO. While the annual report 
submitted to Congress by OJJDP is necessary, it does not 
provide the type of critical analysis that an independent 
auditor can bring, given the inherent conflict of interest of 
OJJDP in painting the best picture of their agency and their 
performance to Congress. Further, the annual report required by 
the reauthorization does not include considerations that will 
help Congress obtain the necessary information to determine if 
the agency is in fact meeting its mission and stated goals of 
the JJDPA. It is my view that a critical, objective analysis of 
the program by an independent auditor such as GAO or the 
Comptroller General is necessary given the documented problems 
with grant management and grantee performance, as well as the 
significant increase to program authorizations included in this 
bill.
    Finally, I note that according to the Congressional Budget 
Office (CBO) this bill authorizes $4.3 billion in new spending 
that is not offset with a corresponding reduction in 
authorizations. At the mark-up, I outlined my serious concerns 
with this extraordinary increase in spending authorized by this 
Committee. Absent a corresponding offset, this increase in 
spending sends an unclear signal to the Appropriations 
Committee regarding what programs to prioritize funding for. By 
failing to include an offset to this increase, we are 
delegating away our authority to legislate to the 
Appropriations Committee. If we continue to authorize money for 
every program, without attention to the budgetary limits we 
face, the Appropriators will have more say over policy than 
this Committee. Moving forward, we need to be cognizant of this 
and send clearer signals to the Appropriations Committee.

                                                    Chuck Grassley.

      VIII. Changes to Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 678, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

                           UNITED STATES CODE

TITLE 42--THE PUBLIC HEALTH AND WELFARE

           *       *       *       *       *       *       *


        CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION


                        Subchapter I--Generally


[Sec. 5601. Findings

    [(a) The Congress finds the following:
          [(1) Although the juvenile violent crime arrest rate 
        in 1999 was the lowest in the decade, there remains a 
        consensus that the number of crimes and the rate of 
        offending by juveniles nationwide is still too high.
          [(2) According to the Office of Juvenile Justice and 
        Delinquency Prevention, allowing 1 youth to leave 
        school for a life of crime and of drug abuse costs 
        society $1,700,000 to $2,300,000 annually.
          [(3) One in every 6 individuals (16.2 percent) 
        arrested for committing violent crime in 1999 was less 
        than 18 years of age. In 1999, juveniles accounted for 
        9 percent of murder arrests, 17 percent of forcible 
        rape arrests, 25 percent of robbery arrest, 14 percent 
        of aggravated assault arrests, and 24 percent of 
        weapons arrests.
          [(4) More than \1/2\ of juvenile murder victims are 
        killed with firearms. Of the nearly 1,800 murder 
        victims less than 18 years of age, 17 percent of the 
        victims less than 13 years of age were murdered with a 
        firearm, and 81 percent of the victims 13 years of age 
        or older were killed with a firearm.
          [(5) Juveniles accounted for 13 percent of all drug 
        abuse violation arrests in 1999. Between 1990 and 1999, 
        juvenile arrests for drug abuse violations rose 132 
        percent.
          [(6) Over the last 3 decades, youth gang problems 
        have increased nationwide. In the 1970s, 19 States 
        reported youth gang problems. By the late 1990s, all 50 
        States and the District of Columbia reported gang 
        problems. For the same period, the number of cities 
        reporting youth gang problems grew 843 percent, and the 
        number of counties reporting gang problems increased 
        more than 1,000 percent.
          [(7) According to a national crime survey of 
        individuals 12 years of age or older during 1999, those 
        12 to 19 years old are victims of violent crime at 
        higher rates than individuals in all other age groups. 
        Only 30.8 percent of these violent victimizations were 
        reported by youth to police in 1999.
          [(8) One-fifth of juveniles 16 years of age who had 
        been arrested were first arrested before attaining 12 
        years of age. Juveniles who are known to the juvenile 
        justice system before attaining 13 years of age are 
        responsible for a disproportionate share of serious 
        crimes and violence.
          [(9) The increase in the arrest rates for girls and 
        young juvenile offenders has changed the composition of 
        violent offenders entering the juvenile justice system.
          [(10) These problems should be addressed through a 2-
        track common sense approach that addresses the needs of 
        individual juveniles and society at large by 
        promoting--
                  [(A) quality prevention programs that--
                          [(i) work with juveniles, their 
                        families, local public agencies, and 
                        community-based organizations, and take 
                        into consideration such factors as 
                        whether or not juveniles have been the 
                        victims of family violence (including 
                        child abuse and neglect); and
                          [(ii) are designed to reduce risks 
                        and develop competencies in at-risk 
                        juveniles that will prevent, and reduce 
                        the rate of, violent delinquent 
                        behavior; and
                  [(B) programs that assist in holding 
                juveniles accountable for their actions and in 
                developing the competencies necessary to become 
                responsible and productive members of their 
                communities, including a system of graduated 
                sanctions to respond to each delinquent act, 
                requiring juveniles to make restitution, or 
                perform community service, for the damage 
                caused by their delinquent acts, and methods 
                for increasing victim satisfaction with respect 
                to the penalties imposed on juveniles for their 
                acts.
          [(11) Coordinated juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles 
        through the collaboration of the many local service 
        systems juveniles encounter can help prevent juveniles 
        from becoming delinquent and help delinquent youth 
        return to a productive life.
    [(b) Congress must act now to reform this program by 
focusing on juvenile delinquency prevention programs, as well 
as programs that hold juveniles accountable for their acts and 
which provide opportunities for competency development. Without 
true reform, the juvenile justice system will not be able to 
overcome the challenges it will face in the coming years when 
the number of juveniles is expected to increase by 18 percent 
between 2000 and 2030.]

SEC. 101. FINDINGS.

    Congress finds the following:
          (1) A growing body of adolescent development research 
        supports the use of developmentally appropriate 
        services and sanctions for youth in the juvenile 
        justice system and those at risk for delinquent 
        behavior to help prevent youth crime and to 
        successfully intervene with youth who have already 
        entered the system.
          (2) Research has shown that targeted investments to 
        redirect offending juveniles onto a different path are 
        cost effective and can help reduce juvenile recidivism 
        and adult crime.
          (3) Minorities are disproportionately represented in 
        the juvenile justice system.
          (4) Between 1990 and 2004, the number of youth in 
        adult jails increased by 208 percent.
          (5) Every day in the United States, an average of 
        7,500 youth are incarcerated in adult jails.
          (6) Youth who have been previously tried as adults 
        are, on average, 34 percent more likely to commit 
        crimes than youth retained in the juvenile justice 
        system.
          (7) Research has shown that every dollar spent on 
        evidence based programs can yield up to $13 in cost 
        savings.
          (8) Each child prevented from engaging in repeat 
        criminal offenses can save the community $1,700,000 to 
        $3,400,000.
          (9) Youth are 19 times more likely to commit suicide 
        in jail than youth in the general population and 36 
        times more likely to commit suicide in an adult jail 
        than in a juvenile detention facility.
          (10) Seventy percent of youth in detention are held 
        for nonviolent charges, and more than \2/3\ are charged 
        with property offenses, public order offenses, 
        technical probation violations, or status offenses, 
        such as truancy, running away, or breaking curfew.
          (11) The prevalence of mental disorders among youth 
        in juvenile justice systems is 2 to 3 times higher than 
        among youth in the general population.
          (12) Eighty percent of juveniles in juvenile justice 
        systems have a nexus to substance abuse.
          (13) The proportion of girls entering the justice 
        system has increased steadily over the past several 
        decades, rising from 20 percent in 1980 to 29 percent 
        in 2003.

Sec. 5602. Purpose

    The purposes of this subchapter and subchapter II of this 
chapter are--
          (1) to support State and local programs that prevent 
        juvenile involvement in delinquent behavior;
          (2) to assist State and local governments in 
        promoting public safety by encouraging accountability 
        for acts of juvenile delinquency; [and]
          (3) to assist State and local governments in 
        addressing juvenile crime through the provision of 
        technical assistance, research, training, evaluation, 
        and the dissemination of information on effective 
        programs for combating juvenile delinquency[.]; and
          (4) to support a continuum of programs (including 
        delinquency prevention, intervention, mental health and 
        substance abuse treatment, and aftercare) to address 
        the needs of at-risk youth and youth who come into 
        contact with the justice system.

Sec. 5603. Definitions

    For purposes of this chapter--
          (1) the term ``community based'' facility, program, 
        or service means a small, open group home or other 
        suitable place located near the juvenile's home or 
        family and programs of community supervision and 
        service which maintain community and consumer 
        participation in the planning operation, and evaluation 
        of their programs which may include, but are not 
        limited to, medical, educational, vocational, social, 
        and psychological guidance, training, special 
        education, counseling, alcoholism treatment, drug 
        treatment, and other rehabilitative services;
          (2) the term ``Federal juvenile delinquency program'' 
        means any juvenile delinquency program which is 
        conducted, directly, or indirectly, or is assisted by 
        any Federal department or agency, including any program 
        funded under this chapter;
          (3) the term ``juvenile delinquency program'' means 
        any program or activity related to juvenile delinquency 
        prevention, control, diversion, treatment, 
        rehabilitation, planning, education, training, and 
        research, including drug and alcohol abuse programs; 
        the improvement of the juvenile justice system; and any 
        program or activity designed to reduce known risk 
        factors for juvenile delinquent behavior, provides 
        activities that build on protective factors for, and 
        develop competencies in, juveniles to prevent, and 
        reduce the rate of, delinquent juvenile behavior;
          (4)(A) the term ``Bureau of Justice Assistance'' 
        means the bureau established by section 3741 of this 
        title;
          (B) the term ``Office of Justice Programs'' means the 
        office established by section 3711 of this title;
          (C) the term ``National Institute of Justice'' means 
        the institute established by section 3722(a) of this 
        title; and
          (D) the term ``Bureau of Justice Statistics'' means 
        the bureau established by section 3732(a) of this 
        title;
          (5) the term ``Administrator'' means the agency head 
        designated by section 5611(b) of this title;
          (6) the term ``law enforcement and criminal justice'' 
        means any activity pertaining to crime prevention, 
        control, or reduction or the enforcement of the 
        criminal law, including, but not limited to police 
        efforts to prevent, control, or reduce crime or to 
        apprehend criminals, activities of courts having 
        criminal jurisdiction and related agencies (including 
        prosecutorial and defender services), activities of 
        corrections, probation, or parole authorities, and 
        programs relating to the prevention, control, or 
        reduction of juvenile delinquency or narcotic 
        addiction;
          (7) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands;
          (8) the term ``unit of local government'' means--
                  (A) any city, county, township, town, 
                borough, parish, village, or other general 
                purpose political subdivision of a State;
                  (B) any law enforcement district or judicial 
                enforcement district that--
                          (i) is established under applicable 
                        State law; and
                          (ii) has the authority to, in a 
                        manner independent of other State 
                        entities, establish a budget and raise 
                        revenues;
                  [(C) an Indian Tribe that performs law 
                enforcement functions, as determined by the 
                Secretary of the Interior; or] (C) an Indian 
                tribe; or
                  (D) for the purposes of assistance 
                eligibility, any agency of the government of 
                the District of Columbia or the Federal 
                Government that performs law enforcement 
                functions in and for--
                          (i) the District of Columbia; or
                          (ii) any Trust Territory of the 
                        United States;
          (9) the term ``combination'' as applied to States or 
        units of local government means any grouping or joining 
        together of such States or units for the purpose of 
        preparing, developing, or implementing a juvenile 
        justice and delinquency prevention plan;
          (10) the term ``construction'' means acquisition, 
        expansion, remodeling, and alteration of existing 
        buildings, and initial equipment of any such buildings, 
        or any combination of such activities (including 
        architects' fees but not the cost of acquisition of 
        land for buildings);
          (11) the term ``public agency'' means any State, unit 
        of local government, combination of such States or 
        units, or any department, agency, or instrumentality of 
        any of the foregoing;
          (12) the term ``secure detention facility'' means any 
        public or private residential facility which--
                  (A) includes construction fixtures designed 
                to physically restrict the movements and 
                activities of juveniles or other individuals 
                held in lawful custody in such facility; and
                  (B) is used for the temporary placement of 
                any juvenile who is accused of having committed 
                an offense, or of any other individual accused 
                of having committed a criminal offense;
          (13) the term ``secure correctional facility'' means 
        any public or private residential facility which--
                  (A) includes construction fixtures designed 
                to physically restrict the movements and 
                activities of juveniles or other individuals 
                held in lawful custody in such facility; and
                  (B) is used for the placement, after 
                adjudication and disposition, of any juvenile 
                who has been adjudicated as having committed an 
                offense or any other individual convicted of a 
                criminal offense;
          (14) the term ``serious crime'' means criminal 
        homicide, forcible rape or other sex offenses 
        punishable as a felony, mayhem, kidnapping, aggravated 
        assault, drug trafficking, robbery, larceny or theft 
        punishable as a felony, motor vehicle theft, burglary 
        or breaking and entering, extortion accompanied by 
        threats of violence, and arson punishable as a felony;
          (15) the term ``treatment'' includes but is not 
        limited to medical, educational, special education, 
        social, psychological, and vocational services, 
        corrective and preventive guidance and training, and 
        other rehabilitative services designed to protect the 
        public, including services designed to benefit addicts 
        and other users by eliminating their dependence on 
        alcohol or other addictive or nonaddictive drugs or by 
        controlling their dependence and susceptibility to 
        addiction or use;
          (16) the term ``valid court order'' means a court 
        order given by a juvenile court judge to a juvenile--
                  (A) who was brought before the court and made 
                subject to such order; and
                  (B) who received, before the issuance of such 
                order, the full due process rights guaranteed 
                to such juvenile by the Constitution of the 
                United States;
                  (C) Repealed. Pub. L. 107-273, Div. C, Title 
                II, Sec. 12204(7)(B), Nov. 2, 2002, 116 Stat. 
                1871
          (17) the term ``Council'' means the Coordinating 
        Council on Juvenile Justice and Delinquency Prevention 
        established in section 5616(a)(1) of this title;
          [(18) the term ``Indian Tribe'' means--
                  [(A) a federally recognized Indian tribe; or
                  [(B) an Alaskan Native organization;]
          (18) the term ``Indian tribe'' has the meaning given 
        that term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b);
          (19) the term ``comprehensive and coordinated system 
        of services'' means a system that--
                  (A) ensures that services and funding for the 
                prevention and treatment of juvenile 
                delinquency are consistent with policy goals of 
                preserving families and providing appropriate 
                services in the least restrictive environment 
                so as to simultaneously protect juveniles and 
                maintain public safety;
                  (B) identifies, and intervenes early for the 
                benefit of, young children who are at risk of 
                developing emotional or behavioral problems 
                because of physical or mental stress or abuse, 
                and for the benefit of their families;
                  (C) increases interagency collaboration and 
                family involvement in the prevention and 
                treatment of juvenile delinquency; and
                  (D) encourages private and public 
                partnerships in the delivery of services for 
                the prevention and treatment of juvenile 
                delinquency;
          (20) the term ``gender-specific services'' means 
        services designed to address needs unique to the gender 
        of the individual to whom such services are provided;
          (21) the term ``home-based alternative services'' 
        means services provided to a juvenile in the home of 
        the juvenile as an alternative to incarcerating the 
        juvenile, and includes home detention;
          (22) the term ``jail or lockup for adults'' means a 
        locked facility that is used by a State, unit of local 
        government, or any law enforcement authority to detain 
        [or confine adults--
                  [(A) pending the filing of a charge of 
                violating a criminal law;
                  [(B) awaiting trial on a criminal charge; or
                  [(C) convicted of violating a criminal law;] 
                or confine adult inmates;
          (23) the term ``nonprofit organization'' means an 
        organization described in section 501(c)(3) of Title 26 
        that is exempt from taxation under section 501(a) of 
        Title 26;
          (24) the term ``graduated sanctions'' means an 
        accountability-based, graduated series of sanctions 
        (including incentives, treatment, and services) 
        applicable to juveniles within the juvenile justice 
        system to hold such juveniles accountable for their 
        actions and to protect communities from the effects of 
        juvenile delinquency by providing appropriate sanctions 
        for every act for which a juvenile is adjudicated 
        delinquent, by inducing their law-abiding behavior, and 
        by preventing their subsequent involvement with the 
        juvenile justice system;
          (25) the term ``[contact] sight and sound contact'' 
        means the degree of interaction allowed between 
        juvenile offenders in a secure custody status and 
        incarcerated adults under section 31.303(d)(1)(i) of 
        title 28, Code of Federal Regulations, as in effect on 
        December 10, 1996;
          [(26) the term ``adult inmate'' means an individual 
        who--
                  [(A) has reached the age of full criminal 
                responsibility under applicable State law; and
                  [(B) has been arrested and is in custody for 
                or awaiting trial on a criminal charge, or is 
                convicted of a criminal offense;]
          (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 charge offense; and
                  (B) does not include an individual who--
                          (i) at the time of 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 of a juvenile correctional 
                        agency by a court of competent 
                        jurisdiction or by operation of 
                        applicable State law;
          (27) the term ``violent crime'' means--
                  (A) murder or nonnegligent manslaughter, 
                forcible rape, or robbery, or
                  (B) aggravated assault committed with the use 
                of a firearm;
          (28) the term ``collocated facilities'' means 
        facilities that are located in the same building, or 
        are part of a related complex of buildings located on 
        the same grounds; [and]
          (29) the term ``related complex of buildings'' means 
        2 or more buildings that share--
                  (A) physical features, such as walls and 
                fences, or services beyond mechanical services 
                (heating, air conditioning, water and sewer); 
                or
                  (B) the specialized services that are 
                allowable under section 31.303(e)(3)(i)(C)(3) 
                of title 28 of the Code of Federal Regulations, 
                as in effect on December 10, 1996[.];
          (30) the term ``core requirements'' means the 
        requirements described in paragraphs (11), (12), (13), 
        and (15) of section 223(a);
          (31) the term ``chemical agent'' means a spray 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 confinement during 
                regularly scheduled sleeping hours, or for not 
                more than 1 hour during any 24-hour period in 
                the room or cell in which the youth usually 
                sleeps, protective confinement (for injured 
                youths or youths whose safety is threatened), 
                separation based on an approved treatment 
                program, confinement that is requested by the 
                youth, or the separation of the youth from a 
                group in a non-locked setting for the purpose 
                of calming;
          (33) the term ``restraint'' 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 is demonstrated to be effective and 
        that--
                  (A) is based on a clearly articulated and 
                empirically supported theory;
                  (B) has measurable outcomes, including a 
                detailed description of what outcomes were 
                produced in a particular population; and
                  (C) has been scientifically tested, optimally 
                through randomized control studies or 
                comparison group studies;
          (35) the term ``promising'' means a program or 
        practice that is demonstrated to be effective based on 
        positive outcomes from 1 or more objective evaluations, 
        as documented in writing to the Administrator;
          (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 or substance abuse needs 
                requiring immediate attention, intervention, 
                and further evaluation; and
                  (B) the purpose of which is to quickly 
                identify a youth with a possible mental health 
                or substance abuse need 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 a mental health or substance abuse 
                professional who meets the criteria of the 
                applicable State for licensing and education in 
                the mental health or substance abuse field; and
                  (B) which is designed to identify significant 
                mental health or substance abuse treatment 
                needs to be addressed during a youth's 
                confinement; and
          (39) the term ``contact'' means the point at which a 
        youth interacts with the juvenile justice system or 
        criminal justice system, including interaction with a 
        juvenile justice, juvenile court, or law enforcement 
        official, and including brief, sustained, or repeated 
        interaction.

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                  Subchapter II--Programs and Offices


PART A--JUVENILE JUSTICE AND DELINQUENCY PREVENTION OFFICE

           *       *       *       *       *       *       *



Sec. 5614. Concentration of Federal efforts

    (a) Implementation of Policy by Administrator; Consultation 
With Council and Advisory Committee.--
          (1) The Administrator shall develop objectives, 
        priorities, and a long-term plan, and implement overall 
        policy and a strategy to carry out such plan, for all 
        Federal juvenile delinquency programs and activities 
        relating to prevention, diversion, training, treatment, 
        rehabilitation, evaluation, research, and improvement 
        of the juvenile justice system in the United States. In 
        carrying out the functions of the Administrator, the 
        Administrator shall consult with the Council.
          (2)(A) The plan described in paragraph (1) shall--
                  (i) contain specific goals and criteria for 
                making grants and contracts, for conducting 
                research, and for carrying out other activities 
                under this subchapter; and
                  (ii) provide for coordinating the 
                administration programs and activities under 
                this subchapter with the administration of all 
                other Federal juvenile delinquency programs and 
                activities, including proposals for joint 
                funding to be coordinated by the Administrator.
          (B) The Administrator shall review the plan described 
        in paragraph (1) annually, revise the plan as the 
        Administrator considers appropriate, and publish the 
        plan in the Federal Register--
                  (i) not later than [240 days after November 
                4, 1992] July 2, 2010, in the case of the 
                initial plan required by paragraph (1); and
                  (ii) except as provided in clause (i), in the 
                30-day period ending on October 1 of each year.
    (b) Duties of Administrator.--In carrying out the purposes 
of this chapter, the Administrator shall--
          (1) advise the President through the Attorney General 
        as to all matters relating to federally assisted 
        juvenile delinquency programs and Federal policies 
        regarding juvenile delinquency;
          (2) assist operating agencies which have direct 
        responsibilities for the prevention and treatment of 
        juvenile delinquency in the development and 
        promulgation of regulations, guidelines, requirements, 
        criteria, standards, procedures, and budget requests in 
        accordance with the policies, priorities, and 
        objectives the Administrator establishes;
          (3) conduct and support evaluations and studies of 
        the performance and results achieved by Federal 
        juvenile delinquency programs and activities;
          (4) implement Federal juvenile delinquency programs 
        and activities among Federal departments and agencies 
        and between Federal juvenile delinquency programs and 
        activities and other Federal programs and activities 
        which the Administrator determines may have an 
        important bearing on the success of the entire Federal 
        juvenile delinquency effort;
          (5)(A) develop for each fiscal year, and publish 
        annually in the Federal Register for public comment, a 
        proposed comprehensive plan describing the particular 
        activities which the Administrator intends to carry out 
        under parts D and E of this subchapter in such fiscal 
        year, specifying in detail those activities designed to 
        satisfy the requirements of parts D and E of this 
        subchapter; and
          (B) taking into consideration comments received 
        during the 45-day period beginning on the date the 
        proposed plan is published, develop and publish a final 
        plan, before December 31 of such fiscal year, 
        describing the particular activities which the 
        Administrator intends to carry out under parts D and E 
        of this subchapter in such fiscal year, specifying in 
        detail those activities designed to satisfy the 
        requirements of parts D and E of this subchapter;
          (6) provide for the auditing of monitoring systems 
        required under section 5633(a)[(15)](16) of this title 
        to review the adequacy of such systems; and
          (7) not later than 1 year after November 2, 2002, 
        issue model standards for providing mental health care 
        to incarcerated juveniles.
    (c) Information, Reports, Studies, and Surveys From Other 
Agencies.--The Administrator may require, through appropriate 
authority, Federal departments and agencies engaged in any 
activity involving any Federal juvenile delinquency program to 
provide the Administrator with such information ``as may be 
appropriate to prevent the duplication of efforts, and to 
coordinate activities, related to the prevention of juvenile 
delinquency''.
    (d) Delegation of Functions.--The Administrator shall have 
the sole authority to delegate any of the functions of the 
Administrator under this chapter.
    (e) Utilization of Services and Facilities of Other 
Agencies; Reimbursement.--The Administrator is authorized to 
utilize the services and facilities of any agency of the 
Federal Government and of any other public agency or 
institution in accordance with appropriate agreements, and to 
pay for such services either in advance or by way of 
reimbursement as may be agreed upon.
    (f) Coordination of Functions of Administrator and 
Secretary of Health and Human Services.--All functions of the 
Administrator under this subchapter shall be coordinated as 
appropriate with the functions of the Secretary of Health and 
Human Services under subchapter III of this chapter.

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Sec. 5616. Coordinating Council on Juvenile Justice and Delinquency 
                    Prevention

    (a) Establishment; Membership.--
          (1) There is hereby established, as an independent 
        organization in the executive branch of the Federal 
        Government a Coordinating Council on Juvenile Justice 
        and Delinquency Prevention composed of the Attorney 
        General, the Secretary of Health and Human Services, 
        the Administrator of the Substance Abuse and Mental 
        Health Services Administration, the Secretary of 
        Defense, the Secretary of Agriculture, the Secretary of 
        Labor, the Secretary of Education, the Secretary of 
        Housing and Urban Development, the Administrator of the 
        Office of Juvenile Justice and Delinquency Prevention, 
        the Director of the Office of National Drug Control 
        Policy, the Chief Executive Officer of the Corporation 
        for National and Community Service, the [Commissioner 
        of Immigration and Naturalization] Assistant Secretary 
        for Immigration and Customs Enforcement, such other 
        officers of Federal agencies who hold significant 
        decisionmaking authority as the President may 
        designate, and individuals appointed under paragraph 
        (2).
          (2)(A) Nine members shall be appointed, without 
        regard to political affiliation, to the Council in 
        accordance with this paragraph from among individuals 
        who are practitioners in the field of juvenile justice 
        (including at least 1 representative from the mental 
        health fields) and who are not officers or employees of 
        the United States.
          (B)(i) Three members shall be appointed by the 
        Speaker of the House of Representatives, after 
        consultation with the minority leader of the House of 
        Representatives.
          (ii) Three members shall be appointed by the majority 
        leader of the Senate, after consultation with the 
        minority leader of the Senate.
          (iii) Three members shall be appointed by the 
        President.
          (C)(i) Of the members appointed under each of clauses 
        (i), (ii), and (iii)--
                  (I) 1 shall be appointed for a term of 1 
                year;
                  (II) 1 shall be appointed for a term of 2 
                years; and
                  (III) 1 shall be appointed for a term of 3 
                years;
        as designated at the time of appointment.
          (ii) Except as provided in clause (iii), a vacancy 
        arising during the term for which an appointment is 
        made may be filled only for the remainder of such term.
          (iii) After the expiration of the term for which a 
        member is appointed, such member may continue to serve 
        until a successor is appointed.
    (b) Chairman and Vice Chairman.--The Attorney General shall 
serve as Chairman of the Council. The Administrator of the 
Office of Juvenile Justice and Delinquency Prevention shall 
serve as Vice Chairman of the Council. The Vice Chairman shall 
act as Chairman in the absence of the Chairman.
    (c) Functions.--
          (1) The function of the Council shall be to 
        coordinate all Federal juvenile delinquency programs 
        (in cooperation with State and local juvenile justice 
        programs) all Federal programs and activities that 
        detain or care for unaccompanied juveniles, and all 
        Federal programs relating to missing and exploited 
        children. The Council shall examine how the separate 
        programs can be coordinated among Federal, State, and 
        local governments to better serve at-risk children and 
        juveniles and shall make recommendations to the 
        President, and to the Congress, at least annually with 
        respect to the coordination of overall policy and 
        development of objectives and priorities for all 
        Federal juvenile delinquency programs and activities 
        and all Federal programs and activities that detain or 
        care for unaccompanied juveniles. The Council shall 
        review the programs and practices of Federal agencies 
        and report on the degree to which Federal agency funds 
        are used for purposes which are consistent or 
        inconsistent with the mandates of [paragraphs (12)(A), 
        (13), and (14) of section 5633(a) of this title] the 
        core requirements. The Council shall review, and make 
        recommendations with respect to, any joint funding 
        proposal undertaken by the Office of Juvenile Justice 
        and Delinquency Prevention and any agency represented 
        on the Council. The Council shall review the reasons 
        why Federal agencies take juveniles into custody and 
        shall make recommendations regarding how to improve 
        Federal practices and facilities for holding juveniles 
        in custody.
          (2) In addition to performing their functions as 
        members of the Council, the members appointed under 
        subsection (a)(2) of this section shall collectively, 
        on an annual basis--
                  (A) make recommendations regarding the 
                development of the objectives, priorities, and 
                the long-term plan, and the implementation of 
                overall policy and the strategy to carry out 
                such plan, referred to in section 5614(a)(1) of 
                this title; [and]
                  (B) not later than [180 days after November 
                4, 1992] May 3, 2010, submit such 
                recommendations to the Administrator, the 
                Chairman of the [Committee on Education and the 
                Workforce] Committee on Education and Labor of 
                the House of Representatives, and the Chairman 
                of the Committee on the Judiciary of the 
                Senate[.]; and
                  (C) not later than 120 days after the 
                completion of the last meeting in any fiscal 
                year, submit to Congress a report regarding the 
                recommendations described in subparagraph (A), 
                which shall--
                          (i) include a detailed account of the 
                        activities conducted by the Council 
                        during the fiscal year, including a 
                        complete detailed accounting of 
                        expenses incurred by the Coordinating 
                        Council to conduct operations in 
                        accordance with this section;
                          (ii) be published on the websites of 
                        the Department of Justice and the 
                        Coordinating Council; and
                          (iii) be in addition to the annual 
                        report required by section 207.
    (d) Meetings.--The Council shall meet at least quarterly.
    (e) Appointment of Personnel or Staff Support by 
Administrator.--The Administrator shall, with the approval of 
the Council, appoint such personnel or staff support as the 
Administrator considers necessary to carry out the purposes of 
this subchapter.
    (f) Expenses of Council Members; Reimbursement.--Members 
appointed under subsection (a)(2) of this section shall serve 
without compensation. Members of the Council shall be 
reimbursed for travel, subsistence, and other necessary 
expenses incurred by them in carrying out the duties of the 
Council.
    (g) Authorization of Appropriations.--Of sums available to 
carry out this part, not more than $200,000 shall be available 
to carry out this section.

Sec. 5617. Annual report

    Not later than 180 days after the end of [a fiscal year] 
each fiscal year, the Administrator shall submit to the 
President, the Speaker of the House of Representatives, and the 
President pro tempore of the Senate a report that contains the 
following with respect to such fiscal year:
          (1) A detailed summary and analysis of the most 
        recent data available regarding the number of juveniles 
        taken into custody, the rate at which juveniles are 
        taken into custody, and the trends demonstrated by the 
        data required by subparagraphs (A), (B), and (C). Such 
        summary and analysis shall set out the information 
        required by subparagraphs (A), (B), (C), and (D) 
        separately for juvenile nonoffenders, juvenile status 
        offenders, and other juvenile offenders. Such summary 
        and analysis shall separately address with respect to 
        each category of juveniles specified in the preceding 
        sentence--
                  (A) the types of offenses with which the 
                juveniles are charged;
                  (B) the race, ethnicity, and gender of the 
                juveniles;
                  (C) the ages of the juveniles;
                  (D) the types of facilities used to hold the 
                juveniles (including juveniles treated as 
                adults for purposes of prosecution) in custody, 
                including secure detention facilities, secure 
                correctional facilities, jails, and lockups;
                  (E) the number of juveniles who died while in 
                custody and the circumstances under which they 
                died; [and]
                  (F) the educational status of juveniles, 
                including information relating to learning and 
                other disabilities, failing performance, grade 
                retention, and dropping out of school[.];
                  (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 juveniles released from 
                custody and the type of living arrangement to 
                which each such juvenile was released;
                  (I) the number of status offense cases 
                petitioned to court (including a breakdown by 
                type of offense and disposition), 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; 
                and
                  (J) the number of pregnant juveniles held in 
                the custody of secure detention and 
                correctional facilities operated by a State or 
                unit of local government.
          (2) A description of the activities for which funds 
        are expended under this part, including the objectives, 
        priorities, accomplishments, and recommendations of the 
        Council.
          (3) A description, based on the most recent data 
        available, of the extent to which each State complies 
        with section 5633 of this title and with the plan 
        submitted under such section by the State for such 
        fiscal year.
          (4) An evaluation of the programs funded under this 
        subchapter and their effectiveness in reducing the 
        incidence of juvenile delinquency, particularly violent 
        crime, committed by juveniles.
          (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.
          (6) A description of funding provided to Indian 
        tribes under this Act, 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 Office of Juvenile Justice and Delinquency 
        Prevention to determine if grantees are following the 
        requirements of Office of Juvenile Justice and 
        Delinquency Prevention grant programs and what remedial 
        action 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 where supporting documentation was 
        not provided for cost reports, where unauthorized 
        expenditures occurred, and 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 were recouped by the 
        Office of Juvenile Justice and Delinquency Prevention 
        from grantees that were found to be in violation of 
        policies and procedures of the Office of Juvenile 
        Justice and Delinquency Prevention grant programs. This 
        analysis shall include the full name and location of 
        the grantee, the violation of the program found, the 
        amount of funds sought to be recouped by the Office of 
        Juvenile Justice and Delinquency Prevention, and the 
        actual amount recouped by the Office of Juvenile 
        Justice and Delinquency Prevention.

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Sec. 5631. Authority to make grants and contracts

    (a) In General.--The Administrator is authorized to make 
grants to States and units of local government or combinations 
thereof to assist them in planning, establishing, operating, 
coordinating, and evaluating projects directly or through 
grants and contracts with public and private agencies for the 
development of more effective education, training, research, 
prevention, diversion, treatment, and rehabilitation programs 
in the area of juvenile delinquency and programs to improve the 
juvenile justice system.
    (b) Technical Assistance.--
          (1) With not to exceed [2 percent] 5 percent of the 
        funds available in a fiscal year to carry out this 
        part, the Administrator shall make grants to and enter 
        into contracts with public and private agencies, 
        organizations, and individuals to provide technical 
        assistance to States, units of general local 
        governments (and combinations thereof), and local 
        private agencies to facilitate compliance with section 
        5633 of this title and implementation of the State plan 
        approved under section 5633(c) of this title.
          (2) Grants and contracts may be made under paragraph 
        (1) only to public and private agencies, organizations, 
        and individuals that have experience in providing such 
        technical assistance.

Sec. 5632. Allocation of funds

    (a) Time; Basis; Amounts.--
          (1) Subject to paragraph (2) and in accordance with 
        regulations promulgated under this part, funds shall be 
        allocated annually among the States on the basis of 
        relative population of people under [age eighteen] 18 
        years of age, based on the most recent census data to 
        monitor any significant changes in the relative 
        population of people under 18 years of age occurring in 
        the States.
          (2)(A) Subject to paragraph (3), if the aggregate 
        amount appropriated for a fiscal year to carry out this 
        subchapter is less than $75,000,000, then the amount 
        allocated to each State for such fiscal year shall be 
        not less than $325,000, or such greater amount up to 
        $400,000 as is available to be allocated without 
        reducing the amount of any State or territory's 
        allocation below the amount allocated for fiscal year 
        2000 except that the amount allocated to the Virgin 
        Islands of the United States, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands shall 
        be not less than $75,000, or such greater amount up to 
        $100,000 as is available to be allocated without 
        reducing the amount of any State or territory's 
        allocation below the amount allocated for fiscal year 
        2000, each.
          (B) Subject to paragraph (3), if the aggregate amount 
        appropriated for a fiscal year to carry out this 
        subchapter equals or exceeds $75,000,000, then the 
        amount allocated to each State for such fiscal year 
        shall be not less than $600,000, except that the amount 
        allocated to the Virgin Islands of the United States, 
        Guam, American Samoa, and the Commonwealth of the 
        Northern Mariana Islands shall be not less than 
        $100,000, or such greater amount up to $100,000 as is 
        available to be allocated without reducing the amount 
        of any State or territory's allocation below the amount 
        allocated for fiscal year 2000 each.
          (3) If, as a result of paragraph (2), the amount 
        allocated to a State for a fiscal year would be less 
        than the amount allocated to such State for fiscal year 
        2000, then the amounts allocated to satisfy the 
        requirements of such paragraph shall be reduced pro 
        rata to the extent necessary to allocate to such State 
        for the fiscal year the amount allocated to such State 
        for fiscal year 2000.
    (b) Reallocation of Unobligated Funds.--If any amount so 
allocated remains unobligated at the end of the fiscal year, 
such funds shall be reallocated in a manner equitable and 
consistent with the purpose of this part. Any amount so 
reallocated shall be in addition to the amounts already 
allocated and available to the State, the Virgin Islands, 
American Samoa, Guam, and the Commonwealth of the Northern 
Mariana Islands for the same period.
    (c)(1) If any amount allocated under subsection (a) is 
withheld from a State due to noncompliance with the core 
requirements, the funds shall be reallocated for an improvement 
grant designed to assist the State in achieving compliance with 
the core requirements.
    (2) The Administrator shall condition a grant described in 
paragraph (1) on--
          (A) the State, with the approval of the 
        Administrator, developing specific action steps 
        designed to restore compliance with the core 
        requirements; and
          (B) submitting to the Administrator semiannually a 
        report on progress toward implementing the specific 
        action steps developed under subparagraph (A).
    (3) The Administrator shall provide appropriate and 
effective technical assistance directly or through an agreement 
with a contractor to assist a State receiving a grant described 
in paragraph (1) in achieving compliance with the core 
requirements.
    [(c)](d) Use of Allocated Funds for Development, etc., of 
State Plans; Limitations; Matching Requirements.--In accordance 
with regulations promulgated under this part, a portion of any 
allocation to any State under this part shall be available to 
develop a State plan or for other pre-award activities 
associated with such State plan, and to pay that portion of the 
expenditures which are necessary for [efficient administration, 
including monitoring, evaluation, and one full-time staff 
position] effective and efficient administration, including the 
designation of at least 1 person to coordinate efforts to 
achieve and sustain compliance with the core requirements. Not 
more than 10 percent of the total annual allocation of such 
State shall be available for such purposes except that any 
amount expended or obligated by such State, or by units of 
local government or any combination thereof, from amounts made 
available under this subsection shall be matched (in an amount 
equal to any such amount so expended or obligated) by such 
State, or by such units or combinations, from State or local 
funds, as the case may be. The State shall make available 
needed funds for planning and administration to units of local 
government or combinations thereof within the State on an 
equitable basis.
    [(d)](e) Minimum Annual Allocation for Assistance of 
Advisory Group.--In accordance with regulations promulgated 
under this part, [5 per centum of the minimum] not more than 5 
percent of the annual allocation to any State under this part 
shall be available to assist the advisory group established 
under section 5633(a)(3) of this title.

Sec. 5633. State plans

    (a) Requirements.--In order to receive formula grants under 
this part, a State shall submit a plan for carrying out its 
purposes applicable to a 3-year period. Such plan shall be 
amended annually to include new programs, projects, and 
activities. The State shall submit annual performance reports 
to the Administrator which shall describe progress in 
implementing programs contained in the original plan, and shall 
describe the status of compliance with State plan requirements. 
Not later than 30 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 a publicly available 
website. In accordance with regulations which the Administrator 
shall prescribe, such plan shall--
          (1) designate the State agency described in section 
        5671(c)(1) of this title as the sole agency for 
        supervising the preparation and administration of the 
        plan;
          (2) contain satisfactory evidence that the State 
        agency designated in accordance with paragraph (1) has 
        or will have authority, by legislation if necessary, to 
        implement such plan in conformity with this part;
          (3) provide for an advisory group, that--
                  (A) shall consist of not less than 15 and not 
                more than 33 members appointed by the chief 
                executive officer of the State--
                          (i) which members have training, 
                        experience, or special knowledge 
                        concerning the prevention and treatment 
                        of juvenile delinquency, the 
                        administration of juvenile justice, or 
                        the reduction of juvenile delinquency;
                          (ii) which members include--
                                  (I) at least 1 locally 
                                elected official representing 
                                general purpose local 
                                government;
                                  (II) representatives of law 
                                enforcement and juvenile 
                                justice agencies, including 
                                juvenile and family court 
                                judges, prosecutors, [counsel 
                                for children and youth] 
                                publicly supported court-
                                appointed legal counsel for 
                                children and you charged in 
                                delinquency matters, and 
                                probation workers;
                                  (III) representatives of 
                                public agencies concerned with 
                                delinquency prevention or 
                                treatment, such as welfare, 
                                social services, [mental 
                                health, education, special 
                                education] children's mental 
                                health, education, child and 
                                adolescent substance abuse, 
                                special education, services for 
                                youth with disabilities, 
                                recreation, and youth services;
                                  (IV) representatives of 
                                private nonprofit 
                                organizations, including 
                                persons with a special focus on 
                                preserving and strengthening 
                                families, parent groups and 
                                parent self-help groups, youth 
                                development, delinquency 
                                prevention and treatment, 
                                neglected or dependent 
                                children, the quality of 
                                juvenile justice, education, 
                                and social services for 
                                children;
                                  (V) volunteers who work with 
                                [delinquents or potential 
                                delinquents] delinquent youth 
                                or youth at risk of 
                                delinquency, including 
                                volunteers who work with youth 
                                of color;
                                  (VI) youth workers involved 
                                with programs that are 
                                alternatives to incarceration, 
                                including programs providing 
                                organized recreation 
                                activities;
                                  (VII) persons with special 
                                experience and competence in 
                                addressing problems related to 
                                school violence and vandalism 
                                and alternatives to suspension 
                                and expulsion; [and]
                                  (VIII) the executive director 
                                or the designee of the 
                                executive director of a public 
                                or nonprofit entity that is 
                                located in the State and 
                                receiving a grant under part A 
                                of title III;
                                  (IX) persons with expertise 
                                and competence in preventing 
                                and addressing mental health or 
                                substance abuse needs in 
                                juvenile delinquents and those 
                                at-risk of delinquency;
                                  (X) representatives of victim 
                                or witness advocacy groups; and
                                  [(VIII)](XI) persons with 
                                special experience and 
                                competence in addressing 
                                problems related to learning 
                                [disabilities] and other 
                                disabilities, truancy reduction 
                                or school failure, emotional 
                                difficulties, child abuse and 
                                neglect, and youth violence;
                          (iii) a majority of which members 
                        (including the chairperson) shall not 
                        be full-time employees of the Federal, 
                        State, or local government;
                          (iv) at least one-fifth of which 
                        members shall be under the age of 24 at 
                        the time of appointment; and
                          (v) at least 3 members who have been 
                        or are currently under the jurisdiction 
                        of the juvenile justice system;
                  (B) shall participate in the development and 
                review of the State's juvenile justice plan 
                prior to submission to the supervisory board 
                for final action;
                  (C) shall be afforded the opportunity to 
                review and comment, not later than 30 days 
                after their submission to the advisory group, 
                on all juvenile justice and delinquency 
                prevention grant applications submitted to the 
                State agency designated under paragraph (1);
                  (D) shall, consistent with this subchapter--
                          (i) advise the State agency 
                        designated under paragraph (1) and its 
                        supervisory board; and
                          (ii) submit to the chief executive 
                        officer and the legislature of the 
                        State at least annually recommendations 
                        regarding State compliance with the 
                        [requirements of paragraphs (11), (12), 
                        and (13)] core requirements; and
                          (iii) contact and seek regular input 
                        from juveniles currently under the 
                        jurisdiction of the juvenile justice 
                        system; and
                  (E) may, consistent with this subchapter--
                          (i) advise on State supervisory board 
                        and local criminal justice advisory 
                        board composition; and
                          (ii) review progress and 
                        accomplishments of projects funded 
                        under the State plan.
          (4) provide for the active consultation with and 
        participation of units of local government or 
        combinations thereof in the development of a State plan 
        which adequately takes into account the needs and 
        requests of units of local government, except that 
        nothing in the plan requirements, or any regulations 
        promulgated to carry out such requirements, shall be 
        construed to prohibit or impede the State from making 
        grants to, or entering into contracts with, local 
        private agencies or the advisory group;
          (5) unless the provisions of this paragraph are 
        waived at the discretion of the Administrator for any 
        State in which the services for delinquent or other 
        youth are organized primarily on a statewide basis, 
        provide that at least 66\2/3\ per centum of funds 
        received by the State under section 5632 of this title 
        reduced by the percentage (if any) specified by the 
        State under the authority of paragraph (25) and 
        excluding funds made available to the State advisory 
        group under [section 5632(d)] section 5632(e) of this 
        title, shall be expended--
                  (A) through programs of units of local 
                government or combinations thereof, to the 
                extent such programs are consistent with the 
                State plan;
                  (B) through programs of local private 
                agencies, to the extent such programs are 
                consistent with the State plan, except that 
                direct funding of any local private agency by a 
                State shall be permitted only if such agency 
                requests such funding after it has applied for 
                and been denied funding by any unit of local 
                government or combination thereof; and
                  (C) to provide funds for programs of [Indian 
                tribes that perform law enforcement functions 
                (as determined by the Secretary of the 
                Interior) and that agree to attempt to comply 
                with the requirements specified in paragraphs 
                (11), (12), and (13), applicable to the 
                detention and confinement of juveniles] Indian 
                tribes that agree to attempt to comply with the 
                core requirements applicable to the detention 
                and confinement of juveniles, an amount that 
                bears the same ratio to the aggregate amount to 
                be expended through programs referred to in 
                subparagraphs (A) and (B) as the population 
                under 18 years of age in the geographical areas 
                in which such tribes perform such functions 
                bears to the State population under 18 years of 
                age,
          (6) provide for an equitable distribution of the 
        assistance received under section 5632 of this title 
        within the State, including in rural areas;
          (7)(A) provide for an analysis of juvenile 
        delinquency problems in, and the juvenile delinquency 
        control and delinquency prevention needs (including 
        educational needs) of, the State [(including any 
        geographical area in which an Indian tribe performs law 
        enforcement functions)] (including any geographical 
        area of which an Indian tribe has jurisdiction), a 
        description of the services to be provided, and a 
        description of performance goals and priorities, 
        including a specific statement of the manner in which 
        programs are expected to meet the identified juvenile 
        crime problems (including the joining of gangs that 
        commit crimes) and juvenile justice and delinquency 
        prevention needs (including educational needs) of the 
        State; and
          (B) contain--
                  [(i) an analysis of gender-specific services 
                for the prevention and treatment of juvenile 
                delinquency, including the types of such 
                services available and the need for such 
                services;]
                  (i) a plan for ensuring that the chief 
                executive officer of the State, State 
                legislature, and all appropriate public 
                agencies in the State with responsibility for 
                provision of services to children, youth and 
                families are informed of the requirements of 
                the State plan and compliance with the core 
                requirements;
                  (ii) a plan for providing needed gender-
                specific services for the prevention and 
                treatment of juvenile delinquency;
                  (iii) a plan for providing needed services 
                for the prevention and treatment of juvenile 
                delinquency in rural areas; [and]
                  [(iv) a plan for providing needed mental 
                health services to juveniles in the juvenile 
                justice system, including information on how 
                such plan is being implemented and how such 
                services will be targeted to those juveniles in 
                such system who are in greatest need of such 
                services;]
                  (iv) a plan to provide alternatives to 
                detention, including diversion to home-based or 
                community-based services that are culturally 
                and linguistically competent 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 in the 
                design and delivery of juvenile delinquency 
                prevention and treatment services, particularly 
                post-placement; and
                  (vii) a plan to use community-based services 
                to address the needs of at-risk youth or youth 
                who have come into contact with the juvenile 
                justice system;
          (8) provide for the coordination and maximum 
        utilization of [existing] evidence based and promising 
        juvenile delinquency programs, programs operated by 
        public and private agencies and organizations, and 
        other related programs (such as education, special 
        education, recreation, health, and welfare programs) in 
        the State;
          (9) provide that not less than 75 percent of the 
        funds available to the State under section 5632 of this 
        title, other than funds made available to the State 
        advisory group under [section 5632(d)] section 5632(e) 
        of this title, whether expended directly by the State, 
        by the unit of local government, or by a combination 
        thereof, or through grants and contracts with public or 
        private nonprofit agencies, shall be used for--
                  (A) community-based alternatives (including 
                home-based alternatives) to incarceration and 
                institutionalization, including--
                          (i) for status offenders and other 
                        youth who need temporary placement: 
                        crisis intervention, shelter, and 
                        after-care; and
                          (ii) for youth who need residential 
                        placement: a continuum of foster care 
                        or group home alternatives that provide 
                        access to a comprehensive array of 
                        services;
                  (B) community-based programs and services to 
                work with--
                          (i) [parents and other family 
                        members] status offenders, other youth, 
                        and the parents and other family 
                        members of such offenders and youth to 
                        strengthen families, including parent 
                        self-help groups, so that juveniles may 
                        [be retained] remain in their homes;
                          (ii) juveniles during their 
                        incarceration, and with their families, 
                        to ensure the safe return of such 
                        juveniles to their homes and to 
                        strengthen the families; and
                          (iii) parents with limited English-
                        speaking ability, particularly in areas 
                        where there is a large population of 
                        families with limited-English speaking 
                        ability;
                  (C) comprehensive juvenile justice and 
                delinquency prevention programs that meet the 
                needs of youth through the collaboration of the 
                many local systems before which a youth may 
                appear, including schools, courts, law 
                enforcement agencies, child protection 
                agencies, mental health agencies, welfare 
                services, health care agencies, and private 
                nonprofit agencies offering youth services;
                  (D) programs that provide treatment to 
                juvenile offenders who are victims of child 
                abuse or neglect, and to their families, in 
                order to reduce the likelihood that such 
                juvenile offenders will commit subsequent 
                violations of law;
                  (E) providing training and technical 
                assistance to, and consultation with, juvenile 
                justice and child welfare agencies of States 
                and units of local government to develop 
                coordinated plans for early intervention and 
                treatment of youth who have a history of abuse 
                and juveniles who have prior involvement with 
                the juvenile justice system;
                  [(E)](F) educational programs or supportive 
                services for delinquent or other juveniles--
                          (i) to encourage juveniles to remain 
                        in elementary and secondary schools or 
                        in alternative learning situations;
                          (ii) to provide services to assist 
                        juveniles in making the transition to 
                        the world of work and self-sufficiency; 
                        and
                          (iii) to enhance coordination with 
                        the local schools that such juveniles 
                        would otherwise attend, to ensure 
                        that--
                                  (I) the instruction that 
                                juveniles receive outside 
                                school is closely aligned with 
                                the instruction provided in 
                                school; and
                                  (II) information regarding 
                                any learning problems 
                                identified in such alternative 
                                learning situations are 
                                communicated to the schools;
                  [(F)](G) [expanding] programs to expand the 
                use of probation officers--
                          (i) particularly for the purpose of 
                        permitting nonviolent juvenile 
                        offenders (including status offenders) 
                        to remain at home with their families 
                        as an alternative to incarceration or 
                        institutionalization; and
                          (ii) to ensure that juveniles follow 
                        the terms of their probation;
                  (H) programs to improve the recruitment, 
                selection, training, and retention of 
                professional personnel in the fields of 
                medicine, law enforcement, 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;
                  (I) expanding access to publicly supported, 
                court-appointed legal counsel and enhancing 
                capacity for the competent representation of 
                every child;
                  [(G)](J) counseling, training, and mentoring 
                programs, which may be in support of academic 
                tutoring, vocational and technical training, 
                and drug and violence prevention counseling, 
                that are designed to link at-risk juveniles, 
                juvenile offenders, or juveniles who have a 
                parent or legal guardian who is or was 
                incarcerated in a Federal, State, or local 
                correctional facility or who is otherwise under 
                the jurisdiction of a Federal, State, or local 
                criminal justice system, particularly juveniles 
                residing in low-income and high-crime areas and 
                juveniles experiencing educational failure, 
                with responsible individuals (such as law 
                enforcement officials, Department of Defense 
                personnel, individuals working with local 
                businesses, and individuals working with 
                community-based and faith-based organizations 
                and agencies) who are properly screened and 
                trained;
                  [(H)](K) programs designed to develop and 
                implement projects relating to juvenile 
                delinquency and learning disabilities, 
                including on-the-job training programs to 
                assist community services, law enforcement, and 
                juvenile justice personnel to more effectively 
                recognize and provide for learning disabled and 
                other juveniles with disabilities;
                  [(I)](L) projects designed both to deter 
                involvement in illegal activities and to 
                promote involvement in lawful activities on the 
                part of gangs whose membership is substantially 
                composed of youth;
                  [(J)](M) programs and projects designed to 
                provide for the treatment of youths' dependence 
                on or abuse of alcohol or other addictive or 
                nonaddictive drugs;
                  [(K)](N) programs for positive youth 
                development that assist delinquent and other 
                at-risk youth in obtaining--
                          (i) a sense of safety and structure;
                          (ii) a sense of belonging and 
                        membership;
                          (iii) a sense of self-worth and 
                        social contribution;
                          (iv) a sense of independence and 
                        control over one's life; and
                          (v) a sense of closeness in 
                        interpersonal relationships;
                  [(L)](O) programs that, in recognition of 
                varying degrees of the seriousness of 
                delinquent behavior and the corresponding 
                gradations in the responses of the juvenile 
                justice system in response to that behavior, 
                are designed to--
                          (i) encourage courts to develop and 
                        implement a continuum of post-
                        adjudication [restraints] alternatives 
                        that bridge the gap between traditional 
                        probation and confinement in a 
                        correctional setting (including 
                        expanded use of probation, mediation, 
                        restitution, community service, 
                        treatment, home detention, intensive 
                        supervision, electronic monitoring, and 
                        similar programs, and secure community-
                        based treatment facilities linked to 
                        other support services such as health, 
                        mental health, education (remedial and 
                        special), job training, and 
                        recreation); and
                          (ii) assist in the provision [by the 
                        provision] by the Administrator of 
                        information and technical assistance, 
                        including technology transfer, to 
                        States in the design and utilization of 
                        risk assessment mechanisms to aid 
                        juvenile justice personnel in 
                        determining appropriate sanctions for 
                        delinquent behavior;
                  [(M)](P) community-based programs and 
                services to work with juveniles, their parents, 
                and other family members during and after 
                incarceration in order to strengthen families 
                so that such juveniles may be retained in their 
                homes;
                  [(N)](Q) programs (including referral to 
                literacy programs and social service programs) 
                to assist families with limited English-
                speaking ability that include delinquent 
                juveniles to overcome language and other 
                barriers that may prevent the complete 
                treatment of such juveniles and the 
                preservation of their families;
                  [(O)](R) programs designed to prevent and 
                reduce hate crimes committed by juveniles;
                  [(P)](S) after-school programs that provide 
                at-risk juveniles and juveniles in the juvenile 
                justice system with a range of age-appropriate 
                activities, including tutoring, mentoring, and 
                other educational and enrichment activities;
                  [(Q)](T) community-based programs that 
                provide follow-up post-placement services to 
                adjudicated juveniles, to promote successful 
                reintegration into the community;
                  [(R)](U) projects designed to develop and 
                implement programs to protect the rights of 
                juveniles affected by the juvenile justice 
                system; and
                  [(S)](V) programs designed to provide mental 
                health services for incarcerated juveniles 
                suspected to be in need of such services, 
                including assessment, development of 
                individualized treatment plans, and discharge 
                plans[.];
          (10) provide for the development of an adequate 
        research, training, and evaluation capacity within the 
        State;
          (11) shall, in accordance with rules issued by the 
        Administrator, provide that--
                  (A) juveniles who are charged with or who 
                have committed an offense that would not be 
                criminal if committed by an adult, excluding--
                          (i) juveniles who are charged with or 
                        who have committed a violation of 
                        section 922(x)(2) of Title 18 or of a 
                        similar State law;
                          (ii) juveniles who are charged with 
                        or who have committed a violation of a 
                        valid court order; and
                          (iii) juveniles who are held in 
                        accordance with the Interstate Compact 
                        on Juveniles as enacted by the State;
                shall not be placed in secure detention 
                facilities or secure correctional facilities; 
                [and]
                  (B) juveniles--
                          (i) who are not charged with any 
                        offense; and
                          (ii) who are--
                                  (I) aliens; or
                                  (II) alleged to be dependent, 
                                neglected, or abused;
                        shall not be placed in secure detention 
                        facilities or secure correctional 
                        facilities; and
                  (C) encourage the use of community-based 
                alternatives to secure detention, including 
                programs of public and nonprofit entities 
                receiving a grant under part A of title III;
          (12) provide that--
                  (A) juveniles alleged to be or found to be 
                delinquent or juveniles within the purview of 
                paragraph (11) will not be detained or confined 
                in any institution in which they have [contact] 
                sight and sound contact with adult inmates; and
                  (B) there is in effect in the State a policy 
                that requires individuals who work with both 
                such juveniles and such adult inmates, 
                including in collocated facilities, have been 
                trained and certified to work with juveniles;
          (13) provide that no juvenile will be detained or 
        confined in any jail or lockup for adults except--
                  (A) juveniles who are accused of nonstatus 
                offenses and who are detained in such jail or 
                lockup for a period not to exceed 6 hours--
                          (i) for processing or release;
                          (ii) while awaiting transfer to a 
                        juvenile facility; or
                          (iii) in which period such juveniles 
                        make a court appearance;
                and only if such juveniles do not have 
                [contact] sight and sound contact with adult 
                inmates and only if there is in effect in the 
                State a policy that requires individuals who 
                work with both such juveniles and adult inmates 
                in collocated facilities have been trained and 
                certified to work with juveniles;
                  (B) juveniles who are accused of nonstatus 
                offenses, who are awaiting an initial court 
                appearance that will occur within 48 hours 
                after being taken into custody (excluding 
                Saturdays, Sundays, and legal holidays), and 
                who are detained in a jail or lockup--
                          (i) in which--
                                  (I) such juveniles do not 
                                have [contact] sight and sound 
                                contact with adult inmates; and
                                  (II) there is in effect in 
                                the State a policy that 
                                requires individuals who work 
                                with both such juveniles and 
                                adults inmates in collocated 
                                facilities have been trained 
                                and certified to work with 
                                juveniles; and
                          (ii) that--
                                  (I) is located outside a 
                                metropolitan statistical area 
                                (as defined by the Office of 
                                Management and Budget) and has 
                                no existing acceptable 
                                alternative placement 
                                available;
                                  (II) is located where 
                                conditions of distance to be 
                                traveled or the lack of 
                                highway, road, or 
                                transportation do not allow for 
                                court appearances within 48 
                                hours (excluding Saturdays, 
                                Sundays, and legal holidays) so 
                                that a brief (not to exceed an 
                                additional 48 hours) delay is 
                                excusable; or
                                  (III) is located where 
                                conditions of safety exist 
                                (such as severe adverse, life-
                                threatening weather conditions 
                                that do not allow for 
                                reasonably safe travel), in 
                                which case the time for an 
                                appearance may be delayed until 
                                24 hours after the time that 
                                such conditions allow for 
                                reasonable safe travel;
          (14) require that--
                  (A) not later than 3 years after the date of 
                enactment of the Juvenile Justice and 
                Delinquency Prevention Reauthorization Act of 
                2009, 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 and sound 
                        contact with adult inmates; and
                          (ii) except as provided in paragraph 
                        (13), may not be held in any jail or 
                        lockup for adults;
                  (B) 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 and 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 meet the specific needs 
                        of the juvenile and to protect the 
                        public;
                          (vii) whether placement in a juvenile 
                        facility will better serve the long-
                        term interests of the juvenile and be 
                        more likely to prevent recidivism;
                          (viii) the availability of programs 
                        designed to treat the juvenile's 
                        behavioral problems; and
                          (ix) any other relevant factor; and
                  (C) 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, or have sight and sound 
                contact with adult inmates--
                          (i) the court shall hold a hearing 
                        not less frequently than once every 30 
                        days to review whether it is still in 
                        the interest of justice to permit the 
                        juvenile to be so held or have such 
                        sight and sound contact; and
                          (ii) the juvenile shall not be held 
                        in any jail or lockup for adults, or 
                        permitted to have sight and 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;
          (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 coordinating bodies, 
                composed of juvenile justice stakeholders at 
                the State, local, or tribal levels, to oversee 
                and monitor 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;
                  (C) developing and implementing data 
                collection and analysis systems to identify 
                where racial and ethnic disparities exist in 
                the juvenile justice system and to track and 
                analyze such disparities;
                  (D) 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 subparagraphs (B) and (C); and
                  (E) publicly reporting, on an annual basis, 
                the efforts made in accordance with 
                subparagraphs (B), (C), and (D);
          [(14)](16) provide for an [adequate system] effective 
        system of monitoring jails, detention facilities, 
        correctional facilities, and non-secure facilities to 
        insure that the [requirements of paragraphs (11), (12), 
        and (13) are met, and for annual reporting of the 
        results of such monitoring to the Administrator] the 
        core requirements are met, and for annual reporting to 
        the Administrator of such plan, including the results 
        of such monitoring and all related enforcement and 
        educational activities, except that such reporting 
        requirements shall not apply in the case of a State 
        which is in compliance with the other requirements of 
        this paragraph, which is in compliance with the 
        requirements in paragraphs (11) and (12), and which has 
        enacted legislation which conforms to such requirements 
        and which contains[, in the opinion of the 
        Administrator,] sufficient enforcement mechanisms to 
        ensure that such legislation will be administered 
        effectively;
          [(15)](17) provide assurance that youth in the 
        juvenile justice system are treated equitably on the 
        basis of gender, race, ethnicity, family income, and 
        disability;
          [(16)](18) provide assurance that consideration will 
        be given to and that assistance will be available for 
        approaches designed to strengthen the families of 
        delinquent and other youth to prevent juvenile 
        delinquency (which approaches should include the 
        involvement of grandparents or other extended family 
        members when possible and appropriate and the provision 
        of family counseling during the incarceration of 
        juvenile family members and coordination of family 
        services when appropriate and feasible);
          [(17)](19) provide for procedures to be established 
        for protecting the rights of recipients of services and 
        for assuring appropriate privacy with regard to records 
        relating to such services provided to any individual 
        under the State plan;
          [(18)](20) provide assurances that--
                  (A) any assistance provided under this 
                chapter will not cause the displacement 
                (including a partial displacement, such as a 
                reduction in the hours of nonovertime work, 
                wages, or employment benefits) of any currently 
                employed employee;
                  (B) activities assisted under this chapter 
                will not impair an existing collective 
                bargaining relationship, contract for services, 
                or collective bargaining agreement; and
                  (C) no such activity that would be 
                inconsistent with the terms of a collective 
                bargaining agreement shall be undertaken 
                without the written concurrence of the labor 
                organization involved;
          [(19)](21) provide for such fiscal control and fund 
        accounting procedures necessary to assure prudent use, 
        proper disbursement, and accurate accounting of funds 
        received under this subchapter;
          [(20)](22) provide reasonable assurance that Federal 
        funds made available under this part for any period 
        will be so used as to supplement and increase (but not 
        supplant) the level of the State, local, and other non-
        Federal funds that would in the absence of such Federal 
        funds be made available for the programs described in 
        this part, and will in no event replace such State, 
        local, and other non-Federal funds;
          [(21)](23) provide that the State agency designated 
        under paragraph (1) will--
                  (A) to the extent practicable give priority 
                in funding to programs and activities that are 
                based on rigorous, systematic, and objective 
                research that is scientifically based;
                  (B) from time to time, but not less than 
                annually, review its plan and submit to the 
                Administrator an analysis and evaluation of the 
                effectiveness of the programs and activities 
                carried out under the plan, and any 
                modifications in the plan, including the survey 
                of State and local needs, that it considers 
                necessary; and
                  (C) not expend funds to carry out a program 
                if the recipient of funds who carried out such 
                program during the preceding 2-year period 
                fails to demonstrate, before the expiration of 
                such 2-year period, that such program achieved 
                substantial success in achieving the goals 
                specified in the application submitted by such 
                recipient to the State agency;
          [(22) address juvenile delinquency prevention efforts 
        and system improvement efforts designed to reduce, 
        without establishing or requiring numerical standards 
        or quotas, the disproportionate number of juvenile 
        members of minority groups, who come into contact with 
        the juvenile justice system;]
          [(23)](24) provide that if a juvenile is taken into 
        custody for violating a valid court order issued for 
        committing a status offense--
                  (A) an appropriate public agency shall be 
                promptly notified that such juvenile is held in 
                custody for violating such order;
                  (B) not later than 24 hours during which such 
                juvenile is so held, an authorized 
                representative of such agency shall interview, 
                in person, such juvenile; [and]
                  (C) not later than 48 hours during which such 
                juvenile is so held--
                          (i) such representative shall submit 
                        an assessment to the court that issued 
                        such order, regarding the immediate 
                        needs of such juvenile; [and]
                          (ii) such court shall conduct a 
                        hearing to determine--
                                  (I) whether there is 
                                reasonable cause to believe 
                                that such juvenile violated 
                                such order; and
                                  (II) the appropriate 
                                placement of such juvenile 
                                pending disposition of the 
                                violation alleged; and
                          (iii) if such court determines the 
                        juvenile 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 
                                        juvenile 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 juvenile 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 
                                        juvenile may remain in 
                                        a secure detention 
                                        facility or 
                                        correctional facility, 
                                        and includes a plan for 
                                        the juvenile'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 juvenile, unless 
                                the juvenile violates a valid 
                                court order after the date on 
                                which the court issues an order 
                                described in subclause (I);
                  (D) there are procedures in place to ensure 
                that any juvenile 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
                  (E) not later than 3 years after the date of 
                enactment of the Juvenile Justice and 
                Delinquency Prevention Reauthorization Act of 
                2009 with a 1-year extension for each 
                additional year that the State can demonstrate 
                hardship as determined by the Administrator, 
                the State will eliminate the use of valid court 
                orders to provide secure lockup of status 
                offenders;
          [(24)](25) provide an assurance that if the State 
        receives under section 5632 of this title for any 
        fiscal year an amount that exceeds 105 percent of the 
        amount the State received under such section for fiscal 
        year 2000, all of such excess shall be expended through 
        or for programs that are part of a comprehensive and 
        coordinated community system of services;
          [(25)](26) specify a percentage (if any), not to 
        exceed 5 percent, of funds received by the State under 
        section 5632 of this title (other than funds made 
        available to the State advisory group under [section 
        5632(d)] section 5632(e) of this title) that the State 
        will reserve for expenditure by the State to provide 
        incentive grants to units of general local government 
        that reduce the caseload of probation officers within 
        such units;
          [(26)](27) provide that the State, to the maximum 
        extent practicable, and in accordance with 
        confidentiality concerns, will implement a system to 
        ensure that if a juvenile is before a court in the 
        juvenile justice system, public child welfare records 
        (including child protective services records) relating 
        to such juvenile that are on file in the geographical 
        area under the jurisdiction of such court will be made 
        known to such court[;], so as to provide for--
                  (A) a compilation of data reflecting 
                information on juveniles entering the juvenile 
                justice system with a prior reported history as 
                victims of child abuse or neglect through 
                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 victims of child abuse and 
                neglect who have entered, or are at risk of 
                entering, the juvenile justice system;
          [(27)](28) [establish policies] establish protocols, 
        policies, procedures, and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        and implementing treatment plans for juvenile 
        offenders; [and]
          [(28)](29) provide assurances that juvenile offenders 
        whose placement is funded through section 672 of this 
        title receive the protections specified in section 671 
        of this title, including a case plan and case plan 
        review as defined in section 675 of this title[.];
          (30) 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;
          (31) develop policies and procedures, and provide 
        training for facility staff to eliminate the use of 
        dangerous practices, unreasonable restraints, and 
        unreasonable isolation, including by developing 
        effective behavior management techniques;
          (32) describe--
                  (A) how the State will ensure that mental 
                health and substance abuse screening, 
                assessment, referral, and treatment for 
                juveniles in the juvenile justice system 
                includes efforts to implement an evidence-based 
                mental health and substance abuse disorder 
                screening and assessment program for all 
                juveniles held in a secure facility for a 
                period of more than 24 hours that provides for 
                1 or more initial screenings and, if an initial 
                screening of a juvenile demonstrates a need, 
                further assessment;
                  (B) the method to be used by the State to 
                provide screening and, where needed, 
                assessment, referral, and treatment for youth 
                who request or show signs of needing mental 
                health or substance abuse screening, 
                assessment, referral, or treatment during the 
                period after the initial screening that the 
                youth is incarcerated;
                  (C) the method to be used by the State to 
                provide or arrange for mental health and 
                substance abuse disorder treatment for 
                juveniles determined to be in need of such 
                treatment; and
                  (D) the policies of the State designed to 
                develop and implement comprehensive 
                collaborative State or local plans to meet the 
                service needs of juveniles with mental health 
                or substance abuse needs who come into contact 
                with the justice system and the families of the 
                juveniles;
          (33) provide procedural safeguards to adjudicated 
        juveniles, including--
                  (A) a written case plan for each juvenile, 
                based on an assessment of the needs of the 
                juvenile and developed and updated in 
                consultation with the juvenile, the family of 
                the juvenile, and, if appropriate, counsel for 
                the juvenile, that--
                          (i) describes the pre-release and 
                        post-release programs and reentry 
                        services that will be provided to the 
                        juvenile;
                          (ii) describes the living arrangement 
                        to which the juvenile is to be 
                        discharged; and
                          (iii) establishes a plan for the 
                        enrollment of the juvenile in post-
                        release health care, behavioral health 
                        care, educational, vocational, 
                        training, family support, public 
                        assistance, and legal services 
                        programs, as appropriate;
                  (B) as appropriate, a hearing that--
                          (i) shall take place in a family or 
                        juvenile court or another court 
                        (including a tribal court) of competent 
                        jurisdiction, or by an administrative 
                        body appointed or approved by the 
                        court, not earlier than 30 days before 
                        the date on which the juvenile is 
                        scheduled to be released, and at which 
                        the juvenile would be represented by 
                        counsel; and
                          (ii) shall determine the discharge 
                        plan for the juvenile, including a 
                        determination of whether a safe, 
                        appropriate, and permanent living 
                        arrangement has been secured for the 
                        juvenile and whether enrollment in 
                        health care, behavioral health care, 
                        educational, vocational, training, 
                        family support, public assistance and 
                        legal services, as appropriate, has 
                        been arranged for the juvenile; and
                  (C) policies to ensure that discharge 
                planning and procedures--
                          (i) are accomplished in a timely 
                        fashion prior to the release from 
                        custody of each adjudicated juvenile; 
                        and
                          (ii) do not delay the release from 
                        custody of the juvenile; and
          (34) provide a description of the use by the State of 
        funds for reentry and aftercare services for juveniles 
        released from the juvenile justice system.
    (b) Approval by State Agency.--The State agency designated 
under subsection (a)(1) of this section, after receiving and 
considering the advice and recommendations of the advisory 
group referred to in subsection (a) of this section, shall 
approve the State plan and any modification thereof prior to 
submission to the Administrator.
    (c) Compliance With Statutory Requirements.--If a State 
fails to comply with any of the [applicable requirements of 
paragraphs (11), (12), (13), and (22) of subsection (a)] core 
requirements of this section in any fiscal year beginning after 
September 30, [2001] 2010, then--
          (1) subject to paragraph (2), the amount allocated to 
        such State under section 5632 of this title for [the 
        subsequent fiscal year] that fiscal year shall be 
        reduced by not less than 20 percent for each such 
        paragraph with respect to which the failure occurs[, 
        and];
          (2) the State shall be ineligible to receive any 
        allocation under such section for such fiscal year 
        unless--
                  (A) 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
                  (B) 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, administrative, or 
                        legislative action, an unequivocal 
                        commitment to achieving full compliance 
                        with such applicable requirements 
                        within a reasonable time[.], as 
                        specified in section 222(c); and
          (3) the State shall submit to the Administrator a 
        report detailing the reasons for noncompliance with the 
        core requirements, including the plan of the State to 
        regain full compliance, and the State shall make 
        publicly available such report, not later than 30 days 
        after the date on which the Administrator approves the 
        report, by posting the report on a publicly available 
        website.
    (d) Nonsubmission or Nonqualification of Plan; Expenditure 
of Allotted Funds; Availability of Reallocated Funds.--In the 
event that any State chooses not to submit a plan, fails to 
submit a plan, or submits a plan or any modification thereof, 
which the Administrator, after reasonable notice and 
opportunity for hearing, in accordance with sections 3783, 
3784, and 3785 of this title, determines does not meet the 
requirements of this section, the Administrator shall endeavor 
to make that State's allocation under the provisions of section 
5632(a) of this title, excluding funds the Administrator shall 
make available to satisfy the requirement specified in [section 
5632(d)] section 222(e) of this title, available to local 
public and private nonprofit agencies within such State for use 
in carrying out activities of the kinds [described in 
paragraphs (11), (12), (13), and (22) of subsection (a)] 
described in the core requirements of this section. The 
Administrator shall make funds which remain available after 
disbursements are made by the Administrator under the preceding 
sentence, and any other unobligated funds, available on an 
equitable basis and to those States that have achieved full 
compliance with [the requirements under paragraphs (11), (12), 
(13), and (22) of subsection (a)] the core requirements of this 
section.
    (e) Notwithstanding any other provision of law, the 
Administrator shall establish appropriate administrative and 
supervisory board membership requirements for a State agency 
designated under subsection (a)(1) of this section and permit 
the State advisory group appointed under subsection (a)(3) of 
this section to operate as the supervisory board for such 
agency, at the discretion of the chief executive officer of the 
State.
    [(f) Technical Assistance.--
          [(1) In general.--The Administrator shall provide 
        technical and financial assistance to an eligible 
        organization composed of member representatives of the 
        State advisory groups appointed under subsection (a)(3) 
        of this section to assist such organization to carry 
        out the functions specified in paragraph (2).
          [(2) Assistance.--To be eligible to receive such 
        assistance, such organization shall agree to carry out 
        activities that include--
                  [(A) conducting an annual conference of such 
                member representatives for purposes relating to 
                the activities of such State advisory groups;
                  [(B) disseminating information, data, 
                standards, advanced techniques, and program 
                models;
                  [(C) reviewing Federal policies regarding 
                juvenile justice and delinquency prevention;
                  [(D) advising the Administrator with respect 
                to particular functions or aspects of the work 
                of the Office; and
                  [(E) advising the President and Congress with 
                regard to State perspectives on the operation 
                of the Office and Federal legislation 
                pertaining to juvenile justice and delinquency 
                prevention.]
    (f) Compliance Determination.--
          (1) In general.--Not later than 60 days after the 
        date of receipt of information indicating that a State 
        may be out of compliance with any of the core 
        requirements, the Administrator shall determine whether 
        the State is in compliance with 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.
    (g) Technical Assistance.--
          (1) Organization of state advisory group member 
        representatives.--The Administrator shall provide 
        technical and financial assistance to an agency, 
        institution, or organization to assist in carrying out 
        the activities described in paragraph (3). The 
        functions and activities of an agency, institution, or 
        organization under this subsection shall not be subject 
        to the Federal Advisory Committee Act.
          (2) Composition.--To be eligible to receive 
        assistance under this subsection, an agency, 
        institution, or organization shall--
                  (A) be governed by individuals who--
                          (i) have been appointed by a chief 
                        executive of a State to serve as a 
                        member of a State advisory group 
                        established under subsection (a)(3); 
                        and
                          (ii) are elected to serve as a 
                        governing officer of such an agency, 
                        institution, or organization by a 
                        majority of the member Chairs (or the 
                        designees of the member Chairs) of all 
                        State advisory groups established under 
                        subsection (a)(3);
                  (B) include member representatives--
                          (i) from a majority of the State 
                        advisory groups established under 
                        subsection (a)(3); and
                          (ii) who are representative of 
                        regionally and demographically diverse 
                        State jurisdictions; and
                  (C) annually seek advice from the Chairs (or 
                the designees of the member Chairs) of each 
                State advisory group established under 
                subsection (a)(3) to implement the advisory 
                functions specified in subparagraphs (D) and 
                (E) of paragraph (3) of this subsection.
          (3) Activities.--To be eligible to receive assistance 
        under this subsection, an agency, institution, or 
        organization shall agree to--
                  (A) conduct an annual conference of the 
                member representatives of the State advisory 
                groups established under subsection (a)(3) for 
                purposes relating to the activities of such 
                State advisory groups;
                  (B) disseminate information, data, standards, 
                advanced techniques, and program models;
                  (C) review Federal policies regarding 
                juvenile justice and delinquency prevention;
                  (D) advise the Administrator regarding 
                particular functions or aspects of the work of 
                the Office; and
                  (E) advise the President and Congress 
                regarding State perspectives on the operation 
                of the Office and Federal legislation relating 
                to juvenile justice and delinquency prevention.

           *       *       *       *       *       *       *


Sec. 5651. Authority to make grants

    (a) Grants to Eligible States.--The Administrator may make 
grants to eligible States, from funds allocated under section 
5652 of this title, for the purpose of providing financial 
assistance to eligible entities to carry out projects designed 
to prevent juvenile delinquency, including--
          (1) projects that provide treatment (including 
        treatment for mental health problems) to status 
        offenders, juvenile offenders, and juveniles who are at 
        risk of becoming juvenile offenders, who are victims of 
        child abuse or neglect or who have experienced violence 
        in their homes, at school, or in the community, and to 
        their families, in order to reduce the likelihood that 
        such juveniles will commit violations of law;
          (2) educational projects or supportive services for 
        delinquent or other juveniles--
                  (A) to encourage juveniles to remain in 
                elementary and secondary schools or in 
                alternative learning situations in educational 
                settings;
                  (B) to provide services to assist juveniles 
                in making the transition to the world of work 
                and self-sufficiency;
                  (C) to assist in identifying learning 
                difficulties (including learning disabilities);
                  (D) to prevent unwarranted and arbitrary 
                suspensions and expulsions;
                  (E) to encourage new approaches and 
                techniques with respect to the prevention of 
                school violence and vandalism;
                  (F) which assist law enforcement personnel 
                and juvenile justice personnel to more 
                effectively recognize and provide for learning-
                disabled and other juveniles with disabilities;
                  (G) which develop locally coordinated 
                policies and programs among education, juvenile 
                justice, and social service agencies; or
                  (H) to provide services to juveniles with 
                serious mental and emotional disturbances (SED) 
                in need of mental health services;
          (3) projects which expand the use of probation 
        officers--
                  (A) particularly for the purpose of 
                permitting nonviolent juvenile offenders 
                (including status offenders) to remain at home 
                with their families as an alternative to 
                incarceration or institutionalization; and
                  (B) to ensure that juveniles follow the terms 
                of their probation;
          (4) counseling, training, and mentoring programs, 
        which may be in support of academic tutoring, 
        vocational and technical training, and drug and 
        violence prevention counseling, that are designed to 
        link at-risk juveniles, juvenile offenders, or 
        juveniles who have a parent or legal guardian who is or 
        was incarcerated in a Federal, State, or local 
        correctional facility or who is otherwise under the 
        jurisdiction of a Federal, State, or local criminal 
        justice system, particularly juveniles residing in low-
        income and high-crime areas and juveniles experiencing 
        educational failure, with responsible individuals (such 
        as law enforcement officers, Department of Defense 
        personnel, individuals working with local businesses, 
        and individuals working with community-based and faith-
        based organizations and agencies) who are properly 
        screened and trained;
          (5) community-based projects and services (including 
        literacy and social service programs) which work with 
        [juvenile offenders and juveniles] status offenders, 
        juvenile offenders, and juveniles who are at risk of 
        becoming juvenile offenders, including those from 
        families with limited English-speaking proficiency, 
        their parents, their siblings, and other family members 
        during and after incarceration of the juvenile 
        offenders, in order to strengthen families, to allow 
        juvenile offenders to be retained in their homes, and 
        to prevent the involvement of other juvenile family 
        members in delinquent activities;
          (6) projects designed to provide for the treatment 
        (including mental health services) of juveniles for 
        dependence on or abuse of alcohol, drugs, or other 
        harmful substances;
          (7) projects which leverage funds to provide 
        scholarships for postsecondary education and training 
        for low-income juveniles who reside in neighborhoods 
        with high rates of poverty, violence, and drug-related 
        crimes;
          (8) projects which provide for an initial intake 
        screening of each juvenile taken into custody--
                  (A) to determine the likelihood that such 
                juvenile will commit a subsequent offense; and
                  (B) to provide appropriate interventions 
                (including mental health services) to prevent 
                such juvenile from committing subsequent 
                offenses;
          (9) projects (including school- or community-based 
        projects) that are designed to prevent, and reduce the 
        rate of, the participation of juveniles in gangs that 
        commit crimes (particularly violent crimes), that 
        unlawfully use firearms and other weapons, or that 
        unlawfully traffic in drugs and that involve, to the 
        extent practicable, families and other community 
        members (including law enforcement personnel and 
        members of the business community) in the activities 
        conducted under such projects;
          (10) comprehensive juvenile justice and delinquency 
        prevention projects that meet the needs of juveniles 
        through the collaboration of the many local service 
        systems juveniles encounter, including schools, courts, 
        law enforcement agencies, child protection agencies, 
        mental health agencies, welfare services, health care 
        agencies (including collaboration on appropriate 
        prenatal care for pregnant juvenile offenders), private 
        nonprofit agencies, and public recreation agencies 
        offering services to juveniles, including juveniles 
        with disabilities;
          (11) to develop, implement, and support, in 
        conjunction with public and private agencies, 
        organizations, and businesses, projects for the 
        employment of juveniles and referral to job training 
        programs (including referral to Federal job training 
        programs);
          (12) delinquency prevention activities which involve 
        youth clubs, sports, recreation and parks, peer 
        counseling and teaching, the arts, leadership 
        development, community service, volunteer service, 
        before- and after-school programs, violence prevention 
        activities, mediation skills training, camping, 
        environmental education, ethnic or cultural enrichment, 
        tutoring, and academic enrichment;
          (13) to establish policies and systems to incorporate 
        relevant child protective services records into 
        juvenile justice records for purposes of establishing 
        treatment plans for juvenile offenders;
          (14) programs that encourage social competencies, 
        problem-solving skills, and communication skills, youth 
        leadership, and civic involvement;
          (15) programs that focus on the needs of young girls 
        at-risk of delinquency or status offenses;
          (16) projects which provide for--
                  (A) an assessment by a qualified mental 
                health professional of incarcerated juveniles 
                who are suspected to be in need of mental 
                health services;
                  (B) the development of an individualized 
                treatment plan for those incarcerated juveniles 
                determined to be in need of such services;
                  (C) the inclusion of a discharge plan for 
                incarcerated juveniles receiving mental health 
                services that addresses aftercare services; and
                  (D) all juveniles receiving psychotropic 
                medications to be under the care of a licensed 
                mental health professional;
          (17) after-school programs that provide at-risk 
        juveniles and juveniles in the juvenile justice system 
        with a range of age-appropriate activities, including 
        tutoring, mentoring, truancy prevention and reduction, 
        and other educational and enrichment activities;
          (18) programs related to the establishment and 
        maintenance of a school violence hotline, based on a 
        public-private partnership, that students and parents 
        can use to report suspicious, violent, or threatening 
        behavior to local school and law enforcement 
        authorities;
          (19) programs (excluding programs to purchase guns 
        from juveniles) designed to reduce the unlawful 
        acquisition and illegal use of guns by juveniles, 
        including partnerships between law enforcement 
        agencies, health professionals, school officials, 
        firearms manufacturers, consumer groups, faith-based 
        groups and community organizations;
          (20) programs designed to prevent animal cruelty by 
        juveniles and to counsel juveniles who commit animal 
        cruelty offenses, including partnerships among law 
        enforcement agencies, animal control officers, social 
        services agencies, and school officials;
          (21) programs that provide suicide prevention 
        services for incarcerated juveniles and for juveniles 
        leaving the incarceration system;
          (22) programs to establish partnerships between State 
        educational agencies and local educational agencies for 
        the design and implementation of character education 
        and training programs that reflect the values of 
        parents, teachers, and local communities, and 
        incorporate elements of good character, including 
        honesty, citizenship, courage, justice, respect, 
        personal responsibility, and trustworthiness;
          (23) programs that foster strong character 
        development in at-risk juveniles and juveniles in the 
        juvenile justice system;
          (24) local programs that provide for immediate 
        psychological evaluation and follow-up treatment 
        (including evaluation and treatment during a mandatory 
        holding period for not less than 24 hours) for 
        juveniles who bring a gun on school grounds without 
        permission from appropriate school authorities; [and]
          (25) projects that support the establishment of 
        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, 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; and
          [(25)](26) other activities that are likely to 
        prevent juvenile delinquency.
    (b) Grants to Eligible Indian Tribes.--The Administrator 
may make grants to eligible Indian tribes from funds allocated 
under section 5652(b) of this title, to carry out projects of 
the kinds described in subsection (a) of this section.

           *       *       *       *       *       *       *


Sec. 5656. Grants to Indian tribes

    (a) Eligibility.--
          (1) Application.--To be eligible to receive a grant 
        under section 5651(b) of this title, an Indian tribe 
        shall submit to the Administrator an application in 
        accordance with this section, in such form and 
        containing such information as the Administrator may 
        require by rule.
          (2) Plans.--Such application shall include a plan for 
        conducting programs, projects, and activities described 
        in section 5651(a) of this title, which plan shall--
                  [(A) provide evidence that the applicant 
                Indian tribe performs law enforcement functions 
                (as determined by the Secretary of the 
                Interior);]
                  [(B)](A) identify the juvenile justice and 
                delinquency problems and juvenile delinquency 
                prevention needs to be addressed by activities 
                conducted with funds provided by the grant for 
                which such application is submitted, by the 
                Indian tribe in the geographical area under the 
                jurisdiction of the Indian tribe;
                  [(C)](B) provide for fiscal control and 
                accounting procedures that--
                          (i) are necessary to ensure the 
                        prudent use, proper disbursement, and 
                        accounting of grants received by 
                        applicants under this section; and
                          (ii) are consistent with the 
                        requirement specified in [subparagraph 
                        (B)] subparagraph (A); and
                  [(D)](C) comply with the requirements 
                specified in section 5633(a) of this title 
                (excluding any requirement relating to 
                consultation with a State advisory group) and 
                with the requirements specified in section 
                5632[(c)](d) of this title; and
                  [(E)](D) contain such other information, and 
                be subject to such additional requirements, as 
                the Administrator may reasonably require by 
                rule to ensure the effectiveness of the 
                projects for which grants are made under 
                section 5651(b) of this title.
    (b) Factors for Consideration.--For the purpose of 
selecting eligible applicants to receive grants under section 
5651(b) of this title, the Administrator shall consider--
          (1) the resources that are available to each 
        applicant Indian tribe that will assist, and be 
        coordinated with, the overall juvenile justice system 
        of the Indian tribe; and
          (2) with respect to each such applicant--
                  (A) the juvenile population; and
                  (B) the population and the entities that will 
                be served by projects proposed to be carried 
                out with the grant for which the application is 
                submitted.
    (c) Grant Process.--
          (1) Selection of grant recipients.--
                  (A) Selection requirements.--Except as 
                provided in paragraph (2), the Administrator 
                shall--
                          (i) make grants under this section on 
                        a competitive basis; and
                          (ii) specify in writing to each 
                        applicant selected to receive a grant 
                        under this section, the terms and 
                        conditions on which such grant is made 
                        to such applicant.
                  (B) Period of grant.--A grant made under this 
                section shall be available for expenditure 
                during a 2-year period.
          (2) Exception.--If--
                  (A) in the 2-year period for which a grant 
                made under this section shall be expended, the 
                recipient of such grant applies to receive a 
                subsequent grant under this section; and
                  (B) the Administrator determines that such 
                recipient performed during the year preceding 
                the 2-year period for which such recipient 
                applies to receive such subsequent grant 
                satisfactorily and in accordance with the terms 
                and conditions applicable to the grant 
                received;
        then the Administrator may waive the application of the 
        competition-based requirement specified in paragraph 
        (1)(A)(i) and may allow the applicant to incorporate by 
        reference in the current application the text of the 
        plan contained in the recipient's most recent 
        application previously approved under this section.
          (3) Authority to modify application process for 
        subsequent grants.--The Administrator may modify by 
        rule the operation of subsection (a) of this section 
        with respect to the submission and contents of 
        applications for subsequent grants described in 
        paragraph (2).
    (d) Reporting Requirement.--Each Indian tribe that receives 
a grant under this section shall be subject to the fiscal 
accountability provisions of section 450(f)(1) of Title 25, 
relating to the submission of a single-agency audit report 
required by chapter 75 of Title 31.
    (e) Matching Requirement.--
          (1) Funds appropriated for the activities of any 
        agency of an Indian tribal government or the Bureau of 
        Indian Affairs performing law enforcement functions on 
        any Indian lands may be used to provide the non-Federal 
        share of any program or project with a matching 
        requirement funded under this section.
          (2) Paragraph (1) shall not apply with respect to 
        funds appropriated before November 2, 2002.
          (3) If the Administrator determines that an Indian 
        tribe does not have sufficient funds available to meet 
        the non-Federal share of the cost of any program or 
        activity to be funded under the grant, the 
        Administrator may increase the Federal share of the 
        cost thereof to the extent the Administrator deems 
        necessary.

           *       *       *       *       *       *       *


Sec. 5661. Research and evaluation; statistical analyses; information 
                    dissemination

    (a) Research and Evaluation.--
          (1) The Administrator [may] shall--
                  (A) [plan and identify] annually provide a 
                written and publicly available plan to identify 
                the purposes and goals of all agreements 
                carried out with funds provided under this 
                subsection; and
                  (B) conduct research or evaluation in 
                juvenile justice matters, for the purpose of 
                providing research and evaluation relating to--
                          (i) the prevention, reduction, and 
                        control of juvenile delinquency and 
                        serious crime committed by juveniles;
                          (ii) the link between juvenile 
                        delinquency and the incarceration of 
                        members of the families of juveniles;
                          [(iii) successful efforts to prevent 
                        first-time minor offenders from 
                        committing subsequent involvement in 
                        serious crime;]
                          (iii) successful efforts to prevent 
                        status offenders and first-time minor 
                        offenders from subsequent involvement 
                        with the criminal justice system;
                          (iv) successful efforts to prevent 
                        recidivism;
                          (v) the juvenile justice system;
                          (vi) juvenile violence;
                          [(vii) appropriate mental health 
                        services for juveniles and youth at 
                        risk of participating in delinquent 
                        activities;]
                          (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;
                          (viii) reducing the proportion of 
                        juveniles detained or confined in 
                        secure detention facilities, secure 
                        correctional facilities, jails, and 
                        lockups who are members of minority 
                        groups;
                          (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 in 
                        the fields of medicine, law 
                        enforcement, 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;
                          [(ix)](xi) evaluating services, 
                        treatment, and aftercare placement of 
                        juveniles who were under the care of 
                        the State child protection system 
                        before their placement in the juvenile 
                        justice system;
                          [(x)](xii) determining--
                                  (I) the frequency, 
                                seriousness, and incidence of 
                                drug use by youth in schools 
                                and communities in the States 
                                using, if appropriate, data 
                                submitted by the States 
                                pursuant to this subparagraph 
                                and subsection (b); and
                                  (II) the frequency, degree of 
                                harm, and morbidity of violent 
                                incidents, particularly 
                                firearm-related injuries and 
                                fatalities, by youth in schools 
                                and communities in the States, 
                                including information with 
                                respect to--
                                          (aa) the relationship 
                                        between victims and 
                                        perpetrators;
                                          (bb) demographic 
                                        characteristics of 
                                        victims and 
                                        perpetrators; and
                                          (cc) the type of 
                                        weapons used in 
                                        incidents, as 
                                        classified in the 
                                        Uniform Crime Reports 
                                        of the Federal Bureau 
                                        of Investigation; and
                          [(xi)](xiii) other purposes 
                        consistent with the purposes of this 
                        subchapter and subchapter I of this 
                        chapter.
          (2) The Administrator shall ensure that an equitable 
        amount of funds available to carry out paragraph (1)(B) 
        is used for research and evaluation relating to the 
        prevention of juvenile delinquency.
          (3) Nothing in this subsection shall be construed to 
        permit the development of a national database of 
        personally identifiable information on individuals 
        involved in studies, or in data-collection efforts, 
        carried out under paragraph (1)(B)(x).
          (4) Not later than 1 year after the date of enactment 
        of this paragraph and not later than 1 year after the 
        date of enactment of the Juvenile Justice and 
        Delinquency Prevention Reauthorization Act of 2009, the 
        administrator shall conduct a study with respect to 
        juveniles who, prior to placement in the juvenile 
        justice system, were under the care or custody of the 
        State child welfare system, and to juveniles who are 
        unable to return to their family after completing their 
        disposition in the juvenile justice system and who 
        remain wards of the State. Such study shall include--
                  (A) the number of juveniles in each category;
                  (B) the extent to which State juvenile 
                justice systems and child welfare systems are 
                coordinating services and treatment for such 
                juveniles;
                  (C) the Federal and local sources of funds 
                used for placements and post-placement 
                services;
                  (D) barriers faced by State in providing 
                services to these juveniles;
                  (E) the types of post-placement services 
                used;
                  (F) the frequency of case plans and case plan 
                reviews; [and]
                  (G) the extent to which case plans identify 
                and address permanency and placement barriers 
                and treatment plans[.];
                  (H) a description of the best practices in 
                discharge planning; and
                  (I) an assessment of living arrangements for 
                juveniles who cannot return to the homes of the 
                juveniles.
    (b) Statistical Analyses.--The Administrator [may] shall--
          (1) plan and identify the purposes and goals of all 
        agreements carried out with funds provided under this 
        subsection; and
          (2) undertake statistical work in juvenile justice 
        matters, for the purpose of providing for the 
        collection, analysis, and dissemination of statistical 
        data and information relating to juvenile delinquency 
        and serious crimes committed by juveniles, to the 
        juvenile justice system, to juvenile violence, and to 
        other purposes consistent with the purposes of this 
        subchapter and subchapter I of this chapter.
    (c) Grant Authority and Competitive Selection Process.--The 
Administrator may make grants and enter into contracts with 
public or private agencies, organizations, or individuals and 
shall use a competitive process, established by rule by the 
Administrator, to carry out subsections (a) and (b) of this 
section.
    (d) Implementation of Agreements.--A Federal agency that 
makes an agreement under subsections (a)(1)(B) and (b)(2) of 
this section with the Administrator may carry out such 
agreement directly or by making grants to or contracts with 
public and private agencies, institutions, and organizations.
    (e) Information Dissemination.--The Administrator may--
          (1) review reports and data relating to the juvenile 
        justice system in the United States and in foreign 
        nations (as appropriate), collect data and information 
        from studies and research into all aspects of juvenile 
        delinquency (including the causes, prevention, and 
        treatment of juvenile delinquency) and serious crimes 
        committed by juveniles;
          (2) establish and operate, directly or by contract, a 
        clearinghouse and information center for the 
        preparation, publication, and dissemination of 
        information relating to juvenile delinquency, including 
        State and local prevention and treatment programs, 
        plans, resources, and training and technical assistance 
        programs; and
          (3) make grants and contracts with public and private 
        agencies, institutions, and organizations, for the 
        purpose of disseminating information to representatives 
        and personnel of public and private agencies, including 
        practitioners in juvenile justice, law enforcement, the 
        courts, corrections, schools, and related services, in 
        the establishment, implementation, and operation of 
        projects and activities for which financial assistance 
        is provided under this subchapter.
    (f) National Recidivism Measure.--The Administrator, in 
consultation with experts in the field of juvenile justice 
research, recidivism, and date collection, shall--
          (1) establish a uniform method of data collection and 
        technology that States shall 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.

Sec. 5662. Training and technical assistance

    (a) Training.--The Administrator [may]--
          (1) shall develop and carry out projects for the 
        purpose of training representatives and personnel of 
        public and private agencies, including practitioners in 
        juvenile justice, law enforcement, courts (including 
        model juvenile and family courts), corrections, 
        schools, and related services, to carry out the 
        purposes specified in section 5602 of this title; and
          (2) may make grants to and contracts with public and 
        private agencies, institutions, and organizations for 
        the purpose of training representatives and personnel 
        of public and private agencies, including practitioners 
        in juvenile justice, law enforcement, courts (including 
        model juvenile and family courts), corrections, 
        schools, and related services, to carry out the 
        purposes specified in section 5602 of this title.
    (b) Technical Assistance.--The Administrator [may]--
          (1) shall develop and implement projects for the 
        purpose of providing technical assistance to 
        representatives and personnel of public and private 
        agencies and organizations, including practitioners in 
        juvenile justice, law enforcement, courts (including 
        model juvenile and family courts), corrections, 
        schools, and related services, in the establishment, 
        implementation, and operation of programs, projects, 
        and activities for which financial assistance is 
        provided under this title; [and]
          (2) may make grants to and contracts with public and 
        private agencies, institutions, and organizations, for 
        the purpose of providing technical assistance to 
        representatives and personnel of public and private 
        agencies, including practitioners in juvenile justice, 
        law enforcement, courts (including model juvenile and 
        family courts), corrections, schools, and related 
        services, in the establishment, implementation, and 
        operation of programs, projects, and activities for 
        which financial assistance is provided under this 
        title[.];
          (3) shall provide technical assistance to States and 
        units of local government on achieving compliance with 
        the amendments made by the Juvenile Justice and 
        Delinquency Prevention Reauthorization Act of 2009; and
          (4) shall provide technical assistance to States in 
        support of efforts to establish partnerships between 
        the 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, 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.
    (c) Training and Technical Assistance to Mental Health 
Professionals and Law Enforcement Personnel.--The Administrator 
shall provide training and technical assistance to mental 
health professionals and law enforcement personnel (including 
public defenders, police officers, probation officers, judges, 
parole officials, and correctional officers) to address or to 
promote the development, testing, or demonstration of promising 
or innovative models (including model juvenile and family 
courts), programs, or delivery systems that address the needs 
of juveniles who are alleged or adjudicated delinquent and who, 
as a result of such status, are placed in secure detention or 
confinement or in nonsecure residential placements.
    (d) Technical Assistance to States Regarding Legal 
Representation of Children.--The Administrator shall develop 
and issue standards of practice for attorneys representing 
children, and ensure that the standards 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 those that are designed 
        to minimize the use of dangerous practices, 
        unreasonable restraints, and isolation; and
          (2) encourage alternative behavior management 
        techniques.
    (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 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.

           *       *       *       *       *       *       *


Sec. 5665. Grants and projects

    (a) Authority To Make Grants.--The Administrator may make 
grants to and contracts with States, units of general local 
government, Indian tribal governments, public and private 
agencies, organizations, and individuals, or combinations 
thereof, to carry out projects for the development, testing, 
and demonstration of promising initiatives and programs for the 
prevention, control, or reduction of juvenile delinquency. The 
Administrator shall ensure that, to the extent reasonable and 
practicable, such grants are made to achieve an equitable 
geographical distribution of such projects throughout the 
United States.
    (b) Use of Grants.--A grant made under subsection (a) of 
this section may be used to pay all or part of the cost of the 
project for which such grant is made.
    (c) Grants for Youth and Family Serving Organizations.--
          (1) In general.--The Administrator, using a 
        competitive process, may make grants to and enter 
        contracts with qualified youth and family serving 
        organizations, or combinations thereof, to provide an 
        integrated continuum of services and programs for the 
        prevention, control, or reduction of juvenile 
        delinquency.
          (2) Definitions.--In this subsection--
                  (A) the term ``integrated continuum of 
                services and programs'' means a variety of 
                services and programs for youth at risk of 
                becoming juvenile offenders and families of 
                such youth, with each service or program--
                          (i) sharing a well-defined set of 
                        procedures and practices that are 
                        applied similarly in different 
                        situations and programs;
                          (ii) being replicable and producing 
                        results that can be observed, tracked, 
                        and measured;
                          (iii) sharing a common theory and 
                        philosophy of care;
                          (iv) operating in a manner that 
                        allows youth and families to move 
                        across different service levels and 
                        expect and experience the same teaching 
                        methods, language, expectations, and 
                        outcome goals from caregivers and other 
                        providers; and
                          (v) allowing each youth and family to 
                        maintain and build on the success 
                        achieved at a previous level of 
                        service; and
                  (B) the term ``qualified youth and family 
                serving organization'' means a private, 
                nonprofit youth and family serving organization 
                that--
                          (i) provides an integrated continuum 
                        of programs and services for youth at 
                        risk of becoming juvenile offenders and 
                        the families of such youth in areas 
                        affected by poverty and violence;
                          (ii) serves a large percentage of 
                        eligible youth at risk of becoming 
                        juvenile offenders and provides 
                        evidence-based, or evidence-informed, 
                        services and programs;
                          (iii) teaches social and independent 
                        living skills for youth and families, 
                        builds healthy relationships between 
                        youth and families, and promotes self-
                        government and self-determination for 
                        all youth and families served; and
                          (iv) is successful in balancing 
                        public funds with private donations and 
                        maximizing community involvement.

           *       *       *       *       *       *       *


Subchapter II--Programs and Offices

           *       *       *       *       *       *       *



         PART F--INCENTIVE GRANTS FOR STATE AND LOCAL PROGRAMS

  SEC. 271. INCENTIVE GRANTS.

    (a) Incentive Grant Funds.--The Administrator may make 
incentive grants to a State, unit of local government, or 
combination of States and local governments to assist a State, 
unit of local government, or combination thereof in carrying 
out an activity identified in subsection (b)(1).
    (b) Use of Funds.--
          (1) In general.--An incentive grant made by the 
        Administrator under this section may be used to--
                  (A) increase the use of evidence based or 
                promising prevention and intervention programs;
                  (B) improve the recruitment, selection, 
                training, and retention of professional 
                personnel (including in the fields of medicine, 
                law enforcement, judiciary, juvenile justice, 
                social work, and child prevention) who are 
                engaged in, or intend to work in, the field of 
                prevention, intervention, and treatment of 
                juveniles to reduce delinquency;
                  (C) establish or support a partnership 
                between juvenile justice agencies of a State or 
                unit of local government and mental health 
                authorities of State or unit of local 
                government to establish and implement programs 
                to ensure there are adequate mental health and 
                substance abuse screening, assessment, 
                referral, treatment, and after-care services 
                for juveniles who come into contact with the 
                justice system by--
                          (i) carrying out programs that divert 
                        from incarceration juveniles who come 
                        into contact with the justice system 
                        (including facilities contracted for 
                        operation by State or local juvenile 
                        authorities) and have mental health or 
                        substance abuse needs--
                                  (I) when such juveniles are 
                                at imminent risk of being taken 
                                into custody;
                                  (II) at the time such 
                                juveniles are initially taken 
                                into custody;
                                  (III) after such juveniles 
                                are charged with an offense or 
                                act of juvenile delinquency;
                                  (IV) after such juveniles are 
                                adjudicated delinquent and 
                                before case disposition; and
                                  (V) after such juveniles are 
                                committed to secure placement; 
                                or
                          (ii) improving treatment of juveniles 
                        with mental health needs by working to 
                        ensure--
                                  (I) that--
                                        (aa) initial mental 
                                        health screening is--
                                                  (AA) 
                                                completed for a 
                                                juvenile 
                                                immediately 
                                                upon entering 
                                                the juvenile 
                                                justice system 
                                                or a juvenile 
                                                facility; and
                                                  (BB) 
                                                conducted by 
                                                qualified 
                                                health and 
                                                mental health 
                                                professionals 
                                                or by staff who 
                                                have been 
                                                trained by 
                                                qualified 
                                                health, mental 
                                                health, and 
                                                substance abuse 
                                                professionals; 
                                                and
                                          (bb) in the case of 
                                        screening, results that 
                                        indicate possible need 
                                        for mental health or 
                                        substance abuse 
                                        services are reviewed 
                                        by qualified mental 
                                        health or substance 
                                        abuse treatment 
                                        professionals not later 
                                        than 24 hours after the 
                                        screening;
                                  (II) that a juvenile who 
                                suffers from an acute mental 
                                disorder, is suicidal, or is in 
                                need of medical attention due 
                                to intoxication is--
                                          (aa) placed in or 
                                        immediately transferred 
                                        to an appropriate 
                                        medical or mental 
                                        health facility; and
                                          (bb) only admitted to 
                                        a secure correctional 
                                        facility with written 
                                        medical clearance;
                                  (III) that--
                                          (aa) for a juvenile 
                                        identified by a 
                                        screening as needing a 
                                        mental health 
                                        assessment, the mental 
                                        health assessment and 
                                        any indicated 
                                        comprehensive 
                                        evaluation or 
                                        individualized 
                                        treatment plan are 
                                        written and 
                                        implemented--
                                                  (AA) not 
                                                later than 2 
                                                weeks after the 
                                                date on which 
                                                the juvenile 
                                                enters the 
                                                juvenile 
                                                justice system; 
                                                or
                                                  (BB) if a 
                                                juvenile is 
                                                entering a 
                                                secure 
                                                facility, not 
                                                later than 1 
                                                week after the 
                                                date on which 
                                                the juvenile 
                                                enters the 
                                                juvenile 
                                                justice system; 
                                                and
                                          (bb) the assessments 
                                        described in item (aa) 
                                        are completed by 
                                        qualified health, 
                                        mental health, and 
                                        substance abuse 
                                        professionals;
                                  (IV) that--
                                          (aa) if the need for 
                                        treatment is indicated 
                                        by the assessment of a 
                                        juvenile, the juvenile 
                                        is referred to or 
                                        treated by a qualified 
                                        professional;
                                          (bb) a juvenile who 
                                        is receiving treatment 
                                        for a mental health or 
                                        substance abuse need on 
                                        the date of the 
                                        assessment continues to 
                                        receive treatment;
                                          (cc) treatment of a 
                                        juvenile continues 
                                        until a qualified 
                                        mental health 
                                        professional determines 
                                        that the juvenile is no 
                                        longer in need of 
                                        treatment; and
                                          (dd) treatment plans 
                                        for juveniles are 
                                        reevaluated at least 
                                        every 30 days;
                                  (V) that--
                                          (aa) discharge plans 
                                        are prepared for an 
                                        incarcerated juvenile 
                                        when the juvenile 
                                        enters the correctional 
                                        facility in order to 
                                        integrate the juvenile 
                                        back into the family 
                                        and the community;
                                          (bb) discharge plans 
                                        for an incarcerated 
                                        juvenile are updated, 
                                        in consultation with 
                                        the family or guardian 
                                        of a juvenile, before 
                                        the juvenile leaves the 
                                        facility; and
                                          (cc) discharge plans 
                                        address the provision 
                                        of aftercare services;
                                  (VI) that any juvenile in the 
                                juvenile justice system 
                                receiving psychotropic 
                                medications is--
                                          (aa) under the care 
                                        of a licensed 
                                        psychiatrist; and
                                          (bb) monitored 
                                        regularly by trained 
                                        staff to evaluate the 
                                        efficacy and side 
                                        effects of the 
                                        psychotropic 
                                        medications; and
                                  (VII) that specialized 
                                treatment and services are 
                                continually available to a 
                                juvenile in the juvenile 
                                justice system who has--
                                          (aa) a history of 
                                        mental health needs or 
                                        treatment;
                                          (bb) a documented 
                                        history of sexual 
                                        offenses or sexual 
                                        abuse, as a victim or 
                                        perpetrator;
                                          (cc) substance abuse 
                                        needs or a health 
                                        problem, learning 
                                        disability, or history 
                                        of family abuse or 
                                        violence; or
                                          (dd) developmental 
                                        disabilities;
                  (D) provide training, in conjunction with the 
                public or private agency that provides mental 
                health services, to individuals involved in 
                making decisions involving youth who enter the 
                juvenile justice system (including intake 
                personnel, law enforcement, prosecutors, 
                juvenile court judges, public defenders, mental 
                health and substance abuse service providers 
                and administrators, probation officers, and 
                parents) that focuses on--
                          (i) the availability of screening and 
                        assessment tools and the effective use 
                        of such tools;
                          (ii) the purpose, benefits, and need 
                        to increase availability of mental 
                        health or substance abuse treatment 
                        programs (including home-based and 
                        community-based programs) available to 
                        juveniles within the jurisdiction of 
                        the recipient;
                          (iii) the availability of public and 
                        private services available to juveniles 
                        to pay for mental health or substance 
                        abuse treatment programs; or
                          (iv) the appropriate use of effective 
                        home-based and community-based 
                        alternatives to juvenile justice or 
                        mental health system institutional 
                        placement; and
                  (E) develop comprehensive collaborative plans 
                to address the service needs of juveniles with 
                mental health or substance abuse disorders who 
                are at risk of coming into contact with the 
                juvenile justice system that--
                          (i) revise and improve the delivery 
                        of intensive home-based and community-
                        based services to juveniles who have 
                        been in contact with or who are at risk 
                        of coming into contact with the justice 
                        system;
                          (ii) determine how the service needs 
                        of juveniles with mental health or 
                        substance abuse disorders who come into 
                        contact with the juvenile justice 
                        system will be furnished from the 
                        initial detention stage until after 
                        discharge in order for these juveniles 
                        to avoid further contact with the 
                        justice system;
                          (iii) demonstrate that the State or 
                        unit of local government has entered 
                        into appropriate agreements with all 
                        entities responsible for providing 
                        services under the plan, such as the 
                        agency of the State or unit of local 
                        government charged with administering 
                        juvenile justice programs, the agency 
                        of the State or unit of local 
                        government charged with providing 
                        mental health services, the agency of 
                        the State or unit of local government 
                        charged with providing substance abuse 
                        treatment services, the educational 
                        agency of the State or unit of local 
                        government, the child welfare system of 
                        the State or local government, and 
                        private nonprofit community-based 
                        organizations;
                          (iv) ensure that the State or unit of 
                        local government has in effect any laws 
                        necessary for services to be delivered 
                        in accordance with the plan;
                          (v) establish a network of 
                        individuals (or incorporates an 
                        existing network) to provide 
                        coordination between mental health 
                        service providers, substance abuse 
                        service providers, probation and parole 
                        officers, judges, corrections 
                        personnel, law enforcement personnel, 
                        State and local educational agency 
                        personnel, parents and families, and 
                        other appropriate parties regarding 
                        effective treatment of juveniles with 
                        mental health or substance abuse 
                        disorders;
                          (vi) provide for cross-system 
                        training among law enforcement 
                        personnel, corrections personnel, State 
                        and local educational agency personnel, 
                        mental health service providers, and 
                        substance abuse service providers to 
                        enhance collaboration among systems;
                          (vii) provide for coordinated and 
                        effective aftercare programs for 
                        juveniles who have been diagnosed with 
                        a mental health or substance abuse 
                        disorder and who are discharged from 
                        home-based care, community-based care, 
                        any other treatment program, secure 
                        detention facilities, secure 
                        correctional facilities, or jail;
                          (viii) provide for the purchase of 
                        technical assistance to support the 
                        implementation of the plan;
                          (ix) estimate the costs of 
                        implementing the plan and proposes 
                        funding sources sufficient to meet the 
                        non-Federal funding requirements for 
                        implementation of the plan under 
                        subsection (c)(2)(E);
                          (x) describe the methodology to be 
                        used to identify juveniles at risk of 
                        coming into contact with the juvenile 
                        justice system;
                          (xi) provide a written plan to ensure 
                        that all training and services provided 
                        under the plan will be culturally and 
                        linguistically competent; and
                          (xii) describe the outcome measures 
                        and benchmarks that will be used to 
                        evaluate the progress and effectiveness 
                        of the plan.
          (2) Coordination and administration.--A State or unit 
        of local government receiving a grant under this 
        section shall ensure that--
                  (A) the use of the grant under this section 
                is developed as part of the State plan required 
                under section 223(a); and
                  (B) not more than 5 percent of the amount 
                received under this section is used for 
                administration of the grant under this section.
    (c) Application.--
          (1) In general.--A State or unit of local government 
        desiring a grant under this section shall submit an 
        application at such time, in such manner, and 
        containing such information as the Administrator may 
        prescribe.
          (2) Contents.--In accordance with guidelines that 
        shall be established by the Administrator, each 
        application for incentive grant funding under this 
        section shall--
                  (A) describe any activity or program the 
                funding would be used for and how the activity 
                or program is designed to carry out 1 or more 
                of the activities described in subsection (b);
                  (B) if any of the funds provided under the 
                grant would be used for evidence based or 
                promising prevention or intervention programs, 
                include a detailed description of the studies, 
                findings, or practice knowledge that support 
                the assertion that such programs qualify as 
                evidence based or promising;
                  (C) for any program for which funds provided 
                under the grant would be used that is not 
                evidence based or promising, include a detailed 
                description of any studies, findings, or 
                practice knowledge which support the 
                effectiveness of the program;
                  (D) if the funds provided under the grant 
                will be used for an activity described in 
                subsection (b)(1)(D), include a certification 
                that the State or unit of local government--
                          (i) will work with public or private 
                        entities in the area to administer the 
                        training funded under subsection 
                        (b)(1)(D), to ensure that such training 
                        is comprehensive, constructive, 
                        linguistically and culturally 
                        competent, and of a high quality;
                          (ii) is committed to a goal of 
                        increasing the diversion of juveniles 
                        coming under its jurisdiction into 
                        appropriate home-based or community-
                        based care when the interest of the 
                        juvenile and public safety allow;
                          (iii) intends to use amounts provided 
                        under a grant under this section for an 
                        activity described in subsection 
                        (b)(1)(D) to further such goal; and
                          (iv) has a plan to demonstrate, using 
                        appropriate benchmarks, the progress of 
                        the agency in meeting such goal; and
                  (E) if the funds provided under the grant 
                will be used for an activity described in 
                subsection (b)(1)(D), include a certification 
                that not less than 25 percent of the total cost 
                of the training described in subsection 
                (b)(1)(D) that is conducted with the grant 
                under this section will be contributed by non-
                Federal sources.
    (d) Requirements for Grants To Establish Partnerships.--
          (1) Mandatory reporting.--A State or unit of local 
        government receiving a grant for an activity described 
        in subsection (b)(1)(C) shall keep records of the 
        incidence and types of mental health and substance 
        abuse disorders in their juvenile justice populations, 
        the range and scope of services provided, and barriers 
        to service. The State or unit of local government shall 
        submit an analysis of this information yearly to the 
        Administrator.
          (2) Staff ratios for correctional facilities.--A 
        State or unit of local government receiving a grant for 
        an activity described in subsection (b)(1)(C) shall 
        require that a secure correctional facility operated by 
        or on behalf of that State or unit of local 
        government--
                  (A) has a minimum ratio of not fewer than 1 
                mental health and substance abuse counselor for 
                every 50 juveniles, who shall be professionally 
                trained and certified or licensed;
                  (B) has a minimum ratio of not fewer than 1 
                clinical psychologist for every 100 juveniles; 
                and
                  (C) has a minimum ratio of not fewer than 1 
                licensed psychiatrist for every 100 juveniles 
                receiving psychiatric care.
          (3) Limitation on isolation.--A State or unit of 
        local government receiving a grant for an activity 
        described in subsection (b)(1)(C) shall require that--
                  (A) isolation is used only for immediate and 
                short-term security or safety reasons;
                  (B) no juvenile is placed in isolation 
                without approval of the facility superintendent 
                or chief medical officer or their official 
                staff designee;
                  (C) all instances in which a juvenile is 
                placed in isolation are documented in the file 
                of a juvenile along with the justification;
                  (D) a juvenile is in isolation only the 
                amount of time necessary to achieve security 
                and safety of the juvenile and staff;
                  (E) staff monitor each juvenile in isolation 
                once every 15 minutes and conduct a 
                professional review of the need for isolation 
                at least every 4 hours; and
                  (F) any juvenile held in isolation for 24 
                hours is examined by a physician or licensed 
                psychologist.
          (4) Medical and mental health emergencies.--A State 
        or unit of local government receiving a grant for an 
        activity described in subsection (b)(1)(C) shall 
        require that a correctional facility operated by or on 
        behalf of that State or unit of local government has 
        written policies and procedures on suicide prevention. 
        All staff working in a correctional facility operated 
        by or on behalf of a State or unit of local government 
        receiving a grant for an activity described in 
        subsection (b)(1)(C) shall be trained and certified 
        annually in suicide prevention. A correctional facility 
        operated by or on behalf of a State or unit of local 
        government receiving a grant for an activity described 
        in subsection (b)(1)(C) shall have a written 
        arrangement with a hospital or other facility for 
        providing emergency medical and mental health care. 
        Physical and mental health services shall be available 
        to an incarcerated juvenile 24 hours per day, 7 days 
        per week.
          (5) IDEA and rehabilitation act.--A State or unit of 
        local government receiving a grant for an activity 
        described in subsection (b)(1)(C) shall require that 
        all juvenile facilities operated by or on behalf of the 
        State or unit of local government abide by all 
        mandatory requirements and timelines set forth under 
        the Individuals with Disabilities Education Act (20 
        U.S.C. 1400 et seq.) and section 504 of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794).
          (6) Fiscal responsibility.--A State or unit of local 
        government receiving a grant for an activity described 
        in subsection (b)(1)(C) shall provide for such fiscal 
        control and fund accounting procedures as may be 
        necessary to ensure prudent use, proper disbursement, 
        and accurate accounting of funds received under this 
        section that are used for an activity described in 
        subsection (b)(1)(C).

Sec. 5671. Authorization of appropriations

    (a) Authorization of Appropriations for Subchapter II of 
This Chapter (Excluding [Parts C and E] Parts C, E, and F).--
          (1) There are authorized to be appropriated to carry 
        out [this subchapter such sums as may be appropriate 
        for fiscal years 2003, 2004, 2005, 2006, and 2007.] 
        this subchapter--
                  (A) $245,900,000 for fiscal year 2011;
                  (B) $295,100,000 for fiscal year 2012;
                  (C) $344,300,000 for fiscal year 2013;
                  (D) $393,500,000 for fiscal year 2014; and
                  (E) $442,700,000 for fiscal year 2015.
          (2) Of such sums as are appropriated for a fiscal 
        year to carry out this subchapter (other than [parts C 
        and E] parts C, E, and F)--
                  (A) not more than 5 percent shall be 
                available to carry out part A;
                  (B) not less than 80 percent shall be 
                available to carry out part B; and
                  (C) not more than 15 percent shall be 
                available to carry out part D.
    (b) Authorization of Appropriations for Part C of This 
Subchapter.--There are authorized to be appropriated to carry 
out part C of this subchapter such sums as may be necessary for 
[fiscal years 2003, 2004, 2005, 2006, and 2007] fiscal years 
2011, 2012, 2013, 2014, and 2015.
    (c) Authorization of Appropriations for Part E of This 
Subchapter.--There are authorized to be appropriated to carry 
out part E (other than section 216(c)) of this subchapter, and 
authorized to remain available until expended, such sums as may 
be necessary for [fiscal years 2003, 2004, 2005, 2006, and 
2007] fiscal years 2010, 2011, 2012, 2013, and 2014.
    (d) Authorization of Appropriations for Part E, Section 
261(c).--There are authorized to be appropriated to carry out 
section 261(c), and authorized to remain available until 
expended--
          (1) $23,000,000 for each of fiscal years 2011, 2012, 
        and 2013;
          (2) $8,000,000 for fiscal year 2014; and
          (3) $3,000,000 for fiscal year 2015.
    (e) Authorization of Appropriations for Part F.--
          (1) In general.--There are authorized to be 
        appropriated to carry out part F, and authorized to 
        remain available until expended, $80,000,000 for each 
        of fiscal years 2011, 2012, 2013, 2014, and 2015.
          (2) Allocation.--Of the sums that are appropriated 
        for a fiscal year to carry out part F--
                  (A) not less than 40 percent shall be used to 
                fund programs that are carrying out an activity 
                described in subparagraph (C), (D), or (E) of 
                section 271(b)(1); and
                  (B) not less than 50 percent shall be used to 
                fund programs that are carrying out an activity 
                described in subparagraph (A) of that section.
    [(d)](f) Experimentation on Individuals; Prohibition; 
``Behavior Control'' Defined.--No funds appropriated to carry 
out the purposes of this subchapter may be used for any 
biomedical or behavior control experimentation on individuals 
or any research involving such experimentation. For the purpose 
of this subsection, the term ``behavior control'' refers to 
experimentation or research employing methods which involve a 
substantial risk of physical or psychological harm to the 
individual subject and which are intended to modify or alter 
criminal and other anti-social behavior, including aversive 
conditioning therapy, drug therapy or chemotherapy (except as 
part of routine clinical care), physical therapy of mental 
disorders, electroconvulsive therapy, or physical punishment. 
The term does not apply to a limited class of programs 
generally recognized as involving no such risk, including 
methadone maintenance and certain alcohol treatment programs, 
psychological counseling, parent training, behavior 
contracting, survival skills training, restitution, or 
community service, if safeguards are established for the 
informed consent of subjects (including parents or guardians of 
minors).
    (e) Repealed. Pub. L. 107-273, Div. C, Title II, 
Sec. 12213(1), Nov. 2, 2002, 166 Stat. 1891.--

Sec. 5672. Administrative authority

    (a) Authority of Administrator.--The Office shall be 
administered by the Administrator under the general authority 
of the Attorney General.
    (b) Certain Crime Control Provisions Applicable.--Sections 
3789d(c), 3789f(a), 3789f(b), 3789f(c), 3789g(a), 3789g(b), and 
3789g(d) of this title, shall apply with respect to the 
administration of and compliance with this chapter, except that 
for purposes of this chapter--
          (1) any reference to the Office of Justice Programs 
        in such sections shall be deemed to be a reference to 
        the Assistant Attorney General who heads the Office of 
        Justice Programs; and
          (2) the term ``this chapter'' as it appears in such 
        sections shall be deemed to be a reference to this 
        chapter.
    (c) Certain Other Crime Control Provisions Applicable.--
Sections 3782(a), 3782(c), and 3787 of this title shall apply 
with respect to the administration of and compliance with this 
chapter, except that for purposes of this chapter--
          (1) any reference to the Attorney General, the 
        Assistant Attorney General who heads the Office of 
        Justice Programs, the Director of the National 
        Institute of Justice, the Director of the Bureau of 
        Justice Statistics, or the Director of the Bureau of 
        Justice Assistance shall be deemed to be a reference to 
        the Administrator;
          (2) any reference to the Office of Justice Programs, 
        the Bureau of Justice Assistance, the National 
        Institute of Justice, or the Bureau of Justice 
        Statistics shall be deemed to be a reference to the 
        Office of Juvenile Justice and Delinquency Prevention; 
        and
          (3) the term ``this chapter'' as it appears in such 
        sections shall be deemed to be a reference to this 
        chapter.
    (d) Rules, Regulations, and Procedures.--The Administrator 
is authorized, after appropriate consultation with 
representatives of States and units of local government, to 
establish such rules, regulations, and procedures as are 
necessary for the exercise of the functions of the Office and 
only to the extent necessary to ensure that there is compliance 
with the specific requirements of this subchapter or to respond 
to requests for clarification and guidance relating to such 
compliance.
    (e) If a State requires by law compliance with the 
[requirements described in paragraphs (11), (12), and (13) of 
section 5633(a)] core requirements of this title, then for the 
period such law is in effect in such State such State shall be 
rebuttably presumed to satisfy such requirements.

           *       *       *       *       *       *       *


Sec. 5675. Payments

    (a) In General.--Payments under this subchapter, pursuant 
to a grant or contract, may be made (after necessary 
adjustment, in the case of grants, on account of previously 
made overpayments or underpayments) in advance or by way of 
reimbursement, in such installments and on such conditions as 
the Administrator may determine.
    (b) Percentage of Approved Costs.--Except as provided in 
the second sentence of section 5632[(c)](d) of this title, 
financial assistance extended under this subchapter shall be 
100 per centum of the approved costs of the program or activity 
involved.
    (c) Increase of Grants to Indian Tribes; Waiver of 
Liability.--
          (1) In the case of a grant under this subchapter to 
        an Indian tribe, if the Administrator determines that 
        the tribe does not have sufficient funds available to 
        meet the local share of the cost of any program or 
        activity to be funded under the grant, the 
        Administrator may increase the Federal share of the 
        cost thereof to the extent the Administrator deems 
        necessary.
          (2) If a State does not have an adequate forum to 
        enforce grant provisions imposing any liability on 
        Indian tribes, the Administrator may waive State 
        liability attributable to the liability of such tribes 
        and may pursue such legal remedies as are necessary.

           *       *       *       *       *       *       *


Sec. 5781. [Definition] Definitions

    In [this subchapter, the term] this subchapter--
          (1) the term ``mentoring'' means matching 1 adult 
        with 1 or more youths (not to exceed 4 youths) for the 
        purpose of providing guidance, support, and 
        encouragement aimed at developing the character of the 
        youths, where the adult and youths meet regularly for 
        not less than 4 hours each month for not less than a 9-
        month period; and
          (2) the term ``State advisory group'' means the 
        advisory group appointed by the chief executive officer 
        of a State under a plan described in section 5633(a) of 
        this title.

Sec. 5782. Duties and functions of the administrator

    The Administrator shall--
          (1) issue such rules as are necessary or appropriate 
        to carry out this subchapter;
          (2) make such arrangements as are necessary and 
        appropriate to facilitate coordination and policy 
        development among all activities funded through the 
        Department of Justice relating to delinquency 
        prevention (including the preparation of an annual 
        comprehensive plan for facilitating such coordination 
        and policy development);
          (3) provide adequate staff and resources necessary to 
        properly carry out this subchapter; and
          (4) not later than 180 days after the end of each 
        fiscal year, submit a report to the chairman of the 
        Committee on Education and the Workforce of the House 
        of Representatives and the chairman of the Committee on 
        the Judiciary of the Senate--
                  (A) describing activities and accomplishments 
                of grant activities funded under this 
                subchapter;
                  (B) describing procedures followed to 
                disseminate grant activity products and 
                research findings;
                  (C) describing activities conducted to 
                develop policy and to coordinate Federal agency 
                and interagency efforts related to delinquency 
                prevention; and
                  (D) identifying successful approaches and 
                making recommendations for future activities to 
                be conducted under this subchapter.

Sec. 5783. Grants for delinquency prevention programs

    (a) Purposes.--The Administrator may make grants to a 
State, to be transmitted through the State advisory group to 
units of local government that meet the requirements of 
subsection (b) of this section, for delinquency prevention 
programs and activities for juveniles who have had contact with 
the juvenile justice system or who are likely to have contact 
with the juvenile justice system, including the provision to 
juveniles and their families of--
          (1) alcohol and substance abuse prevention services;
          (2) tutoring and remedial education, especially in 
        reading and mathematics;
          (3) child and adolescent health and mental health 
        services;
          (4) recreation services;
          (5) leadership and youth development activities;
          (6) the teaching that people are and should be held 
        accountable for their actions;
          (7) assistance in the development of job training 
        skills; [and]
          (8) other data-driven evidence based prevention 
        programs[.]; and
          (9) Mentoring programs.
    (b) Eligibility.--The requirements of this subsection are 
met with respect to a unit of general local government if--
          (1) the unit is in compliance with the requirements 
        of part B of subchapter II of this chapter;
          (2) the unit has submitted to the State advisory 
        group a minimum 3-year comprehensive plan outlining the 
        unit's local front end plans for investment for 
        delinquency prevention and early intervention 
        activities;
          (3) the unit has included in its application to the 
        Administrator for formula grant funds a summary of the 
        minimum 3-year comprehensive plan described in 
        paragraph (2);
          (4) pursuant to its minimum 3-year comprehensive 
        plan, the unit has appointed a local policy board of 
        not fewer than 15 and not more than 21 members, with 
        balanced representation of public agencies and private 
        nonprofit organizations serving juveniles, their 
        families, and business and industry;
          (5) the unit has, in order to aid in the prevention 
        of delinquency, included in its application a plan for 
        the coordination of services to at-risk juveniles and 
        their families, including such programs as nutrition, 
        energy assistance, and housing;
          (6) the local policy board is empowered to make all 
        recommendations for distribution of funds and 
        evaluation of activities funded under this subchapter; 
        and
          (7) the unit or State has agreed to provide a 50 
        percent match of the amount of the grant, including the 
        value of in-kind contributions, to fund the activity.
    (c) Priority.--In considering grant applications under this 
section, the Administrator shall give priority to applicants 
that demonstrate ability in--
          (1) plans for service and agency coordination and 
        collaboration including the colocation of services;
          (2) innovative ways to involve the private nonprofit 
        and business sector in delinquency prevention 
        activities;
          (3) developing or enhancing a statewide subsidy 
        program to local governments that is dedicated to early 
        intervention and delinquency prevention;
          (4) coordinating and collaborating with programs 
        established in local communities for delinquency 
        prevention under part C of this subtitle; and (5) 
        developing data-driven prevention plans, employing 
        evidence-based prevention strategies, and conducting 
        program evaluations to determine impact and 
        effectiveness.

Sec. 5784. Authorization of appropriations

    [There are authorized to be appropriated to carry out this 
subchapter such sums as may be necessary for fiscal years 2004, 
2005, 2006, 2007, and 2008.]
    There are authorized to be appropriated to carry out this 
title--
          (1) $322,800,000 for fiscal year 2011;
          (2) $373,400,000 for fiscal year 2012;
          (3) $424,000,000 for fiscal year 2013;
          (4) $474,600,000 for fiscal year 2014; and
          (5) $525,200,000 for fiscal year 2015.

           *       *       *       *       *       *       *


                        TITLE IV--PRECAUTION ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Prevention Resources for 
Eliminating Criminal Activity Using Tailored Interventions in 
Our Neighborhoods Act of 2009'' or the ``PRECAUTION Act''.

SEC. 402. PURPOSES.

    The purposes of this title are to--
          (1) establish a commitment on the part of the Federal 
        Government to provide leadership on successful crime 
        prevention and intervention strategies;
          (2) further the integration of crime prevention and 
        intervention strategies into traditional law 
        enforcement practices of State and local law 
        enforcement offices around the country;
          (3) develop a plain-language, implementation-focused 
        assessment of those current crime and delinquency 
        prevention and intervention strategies that are 
        supported by rigorous evidence;
          (4) provide additional resources to the National 
        Institute of Justice to administer grants, contracts, 
        and cooperative agreements for research and development 
        for promising crime prevention and intervention 
        strategies;
          (5) develop recommendations for Federal priorities 
        for crime and delinquency prevention and intervention 
        research, development, and funding that may augment 
        important Federal grant programs, including the Edward 
        Byrne Memorial Justice Assistance Grant Program under 
        subpart 1 of part E of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
        seq.), grant programs administered by the Office of 
        Community Oriented Policing Services of the Department 
        of Justice, grant programs administered by the Office 
        of Safe and Drug-Free Schools of the Department of 
        Education, and other similar programs; and
          (6) reduce the costs that rising violent crime 
        imposes on interstate commerce.

SEC. 403. DEFINITIONS.

    In this title, the following definitions shall apply:
          (1) Commission.--The term ``Commission'' means the 
        National Commission on Public Safety Through Crime 
        Prevention established under section 404(a).
          (2) Rigorous evidence.--The term ``rigorous 
        evidence'' means evidence generated by scientifically 
        valid forms of outcome evaluation, particularly 
        randomized trials (where practicable).
          (3) Subcategory.--The term ``subcategory'' means 1 of 
        the following categories:
                  (A) Family and community settings (including 
                public health-based strategies).
                  (B) Law enforcement settings (including 
                probation-based strategies).
                  (C) School settings (including antigang and 
                general antiviolence strategies).
          (4) Top-tier.--The term ``top-tier'' means any 
        strategy supported by rigorous evidence of the sizable, 
        sustained benefits to participants in the strategy or 
        to society.

SEC. 404. NATIONAL COMMISSION ON PUBLIC SAFETY THROUGH CRIME 
                    PREVENTION.

    (a) Establishment.--There is established a commission to be 
known as the National Commission on Public Safety Through Crime 
Prevention.
    (b) Members.--
          (1) In general.--The Commission shall be composed of 
        9 members, of whom--
                  (A) 3 shall be appointed by the President, 1 
                of whom shall be the Assistant Attorney General 
                for the Office of Justice Programs or a 
                representative of such Assistant Attorney 
                General;
                  (B) 2 shall be appointed by the Speaker of 
                the House of Representatives, unless the 
                Speaker is of the same party as the President, 
                in which case 1 shall be appointed by the 
                Speaker of the House of Representatives and 1 
                shall be appointed by the minority leader of 
                the House of Representatives;
                  (C) 1 shall be appointed by the minority 
                leader of the House of Representatives (in 
                addition to any appointment made under 
                subparagraph (B));
                  (D) 2 shall be appointed by the majority 
                leader of the Senate, unless the majority 
                leader is of the same party as the President, 
                in which case 1 shall be appointed by the 
                majority leader of the Senate and 1 shall be 
                appointed by the minority leader of the Senate; 
                and
                  (E) 1 shall be appointed by the minority 
                leader of the Senate (in addition to any 
                appointment made under subparagraph (D)).
          (2) Persons eligible.--
                  (A) In general.--Each member of the 
                Commission shall be an individual who has 
                knowledge or expertise in matters to be studied 
                by the Commission.
                  (B) Required representatives.--At least--
                          (i) 2 members of the Commission shall 
                        be respected social scientists with 
                        experience implementing or interpreting 
                        rigorous, outcome-based trials; and
                          (ii) 2 members of the Commission 
                        shall be law enforcement practitioners.
          (3) Consultation required.--The President, the 
        Speaker of the House of Representatives, the minority 
        leader of the House of Representatives, and the 
        majority leader and minority leader of the Senate shall 
        consult prior to the appointment of the members of the 
        Commission to achieve, to the maximum extent possible, 
        fair and equitable representation of various points of 
        view with respect to the matters to be studied by the 
        Commission.
          (4) Term.--Each member shall be appointed for the 
        life of the Commission.
          (5) Time for initial appointments.--The appointment 
        of the members shall be made not later than 60 days 
        after the date of enactment of this Act.
          (6) Vacancies.--A vacancy in the Commission shall be 
        filled in the manner in which the original appointment 
        was made, and shall be made not later than 60 days 
        after the date on which the vacancy occurred.
          (7) Ex officio members.--The Director of the National 
        Institute of Justice, the Director of the Office of 
        Juvenile Justice and Delinquency Prevention, the 
        Director of the Community Capacity Development Office, 
        the Director of the Bureau of Justice Statistics, the 
        Director of the Bureau of Justice Assistance, and the 
        Director of Community Oriented Policing Services (or a 
        representative of each such director) shall each serve 
        in an ex officio capacity on the Commission to provide 
        advice and information to the Commission.
    (c) Operation.--
          (1) Chairperson.--At the initial meeting of the 
        Commission, the members of the Commission shall elect a 
        chairperson from among its voting members, by a vote of 
        \2/3\ of the members of the Commission. The chairperson 
        shall retain this position for the life of the 
        Commission. If the chairperson leaves the Commission, a 
        new chairperson shall be selected, by a vote of \2/3\ 
        of the members of the Commission.
          (2) Meetings.--The Commission shall meet at the call 
        of the chairperson. The initial meeting of the 
        Commission shall take place not later than 30 days 
        after the date on which all the members of the 
        Commission have been appointed.
          (3) Quorum.--A majority of the members of the 
        Commission shall constitute a quorum to conduct 
        business, and the Commission may establish a lesser 
        quorum for conducting hearings scheduled by the 
        Commission.
          (4) Rules.--The Commission may establish by majority 
        vote any other rules for the conduct of Commission 
        business, if such rules are not inconsistent with this 
        title or other applicable law.
    (d) Public Hearings.--
          (1) In general.--The Commission shall hold public 
        hearings. The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, 
        and receive such evidence as the Commission considers 
        advisable to carry out its duties under this section.
          (2) Focus of hearings.--The Commission shall hold at 
        least 3 separate public hearings, each of which shall 
        focus on 1 of the subcategories.
          (3) Witness expenses.--Witnesses requested to appear 
        before the Commission shall be paid the same fees as 
        are paid to witnesses under section 1821 of title 28, 
        United States Code. The per diem and mileage allowances 
        for witnesses shall be paid from funds appropriated to 
        the Commission.
    (e) Comprehensive Study of Evidence-Based Crime Prevention 
and Intervention Strategies.--
          (1) In general.--The Commission shall carry out a 
        comprehensive study of the effectiveness of crime and 
        delinquency prevention and intervention strategies, 
        organized around the 3 subcategories.
          (2) Matters included.--The study under paragraph (1) 
        shall include--
                  (A) a review of research on the general 
                effectiveness of incorporating crime prevention 
                and intervention strategies into an overall law 
                enforcement plan;
                  (B) an evaluation of how to more effectively 
                communicate the wealth of social science 
                research to practitioners;
                  (C) a review of evidence regarding the 
                effectiveness of specific crime prevention and 
                intervention strategies, focusing on those 
                strategies supported by rigorous evidence;
                  (D) an identification of--
                          (i) promising areas for further 
                        research and development; and
                          (ii) other areas representing gaps in 
                        the body of knowledge that would 
                        benefit from additional research and 
                        development;
                  (E) an assessment of the best practices for 
                implementing prevention and intervention 
                strategies;
                  (F) an assessment of the best practices for 
                gathering rigorous evidence regarding the 
                implementation of intervention and prevention 
                strategies; and
                  (G) an assessment of those top-tier 
                strategies best suited for duplication efforts 
                in a range of settings across the country.
          (3) Initial report on top-tier crime prevention and 
        intervention strategies.--
                  (A) Distribution.--Not later than 18 months 
                after the date on which all members of the 
                Commission have been appointed, the Commission 
                shall submit a public report on the study 
                carried out under this subsection to--
                          (i) the President;
                          (ii) Congress;
                          (iii) the Attorney General;
                          (iv) the Chief Federal Public 
                        Defender of each district;
                          (v) the chief executive of each 
                        State;
                          (vi) the Director of the 
                        Administrative Office of the Courts of 
                        each State;
                          (vii) the Director of the 
                        Administrative Office of the United 
                        States Courts; and
                          (viii) the attorney general of each 
                        State.
                  (B) Contents.--The report under subparagraph 
                (A) shall include--
                          (i) the findings and conclusions of 
                        the Commission;
                          (ii) a summary of the top-tier 
                        strategies, including--
                                  (I) a review of the rigorous 
                                evidence supporting the 
                                designation of each strategy as 
                                top-tier;
                                  (II) a brief outline of the 
                                keys to successful 
                                implementation for each 
                                strategy; and
                                  (III) a list of references 
                                and other information on where 
                                further information on each 
                                strategy can be found;
                          (iii) recommended protocols for 
                        implementing crime and delinquency 
                        prevention and intervention strategies 
                        generally;
                          (iv) recommended protocols for 
                        evaluating the effectiveness of crime 
                        and delinquency prevention and 
                        intervention strategies; and
                          (v) a summary of the materials relied 
                        upon by the Commission in preparation 
                        of the report.
                  (C) Consultation with outside authorities.--
                In developing the recommended protocols for 
                implementation and rigorous evaluation of top-
                tier crime and delinquency prevention and 
                intervention strategies under this paragraph, 
                the Commission shall consult with the Committee 
                on Law and Justice at the National Academy of 
                Science and with national associations 
                representing the law enforcement and social 
                science professions, including the National 
                Sheriffs' Association, the Police Executive 
                Research Forum, the International Association 
                of Chiefs of Police, the Consortium of Social 
                Science Associations, and the American Society 
                of Criminology.
    (f) Recommendations Regarding Innovative Crime Prevention 
and Intervention Strategies.--
          (1) Submission.--
                  (A) In general.--Not later than 30 days after 
                the date of the final hearing under subsection 
                (d) relating to a subcategory, the Commission 
                shall provide the Director of the National 
                Institute of Justice and the Attorney General 
                with recommendations on qualifying 
                considerations relating to that subcategory for 
                selecting recipients of contracts, cooperative 
                agreements, and grants under section 405.
                  (B) Deadline.--Not later than 13 months after 
                the date on which all members of the Commission 
                have been appointed, the Commission shall 
                provide all recommendations required under this 
                subsection.
          (2) Matters included.--The recommendations provided 
        under paragraph (1) shall include recommendations 
        relating to--
                  (A) the types of strategies for the 
                applicable subcategory that would best benefit 
                from additional research and development;
                  (B) any geographic or demographic targets;
                  (C) the types of partnerships with other 
                public or private entities that might be 
                pertinent and prioritized; and
                  (D) any classes of crime and delinquency 
                prevention and intervention strategies that 
                should not be given priority because of a pre-
                existing base of knowledge that would benefit 
                less from additional research and development.
    (g) Final Report on the Results of Innovative Crime 
Prevention and Intervention Strategies.--
          (1) In general.--Following the close of the 3-year 
        period for the evaluation of an innovative strategy 
        under section 405, the Commission shall collect the 
        results of the evaluation and shall submit a public 
        report to the President, the Attorney General, 
        Congress, the chief executive of each State, and the 
        attorney general of each State describing each strategy 
        funded under section 405 and the results of the 
        strategy. The report under this paragraph shall be 
        submitted not later than 5 years after the date of the 
        selection of the chairperson of the Commission.
          (2) Collection of information and evidence regarding 
        recipients.--The collection of information and evidence 
        by the Commission regarding each recipient of a 
        contract, cooperative agreement, or grant under section 
        405 shall be carried out by--
                  (A) ongoing communications with the grant 
                administrator at the National Institute of 
                Justice and other appropriate officers at other 
                components of the Department of Justice;
                  (B) visits by representatives of the 
                Commission (including at least 1 member of the 
                Commission) to the site where the recipient of 
                a contract, cooperative agreement, or grant is 
                carrying out the strategy funded under section 
                405, at least once in the second and once in 
                the third year of the contract, cooperative 
                agreement, or grant;
                  (C) a review of the data generated by the 
                study monitoring the effectiveness of the 
                strategy; and
                  (D) other means as necessary.
          (3) Matters included.--The report submitted under 
        paragraph (1) shall include a review of each strategy 
        carried out with a contract, cooperative agreement, or 
        grant under section 405, detailing--
                  (A) the type of crime or delinquency 
                prevention or intervention strategy;
                  (B) where the activities under the strategy 
                were carried out, including geographic and 
                demographic targets;
                  (C) any partnerships with public or private 
                entities through the course of the period of 
                the contract, cooperative agreement, or grant;
                  (D) the type and design of the effectiveness 
                study conducted under section 405(b)(4) or 
                section 405(c)(2)(C) for that strategy;
                  (E) the results of the effectiveness study 
                conducted under section 405(b)(4) or section 
                405(c)(2)(C) for that strategy;
                  (F) lessons learned regarding implementation 
                of that strategy or of the effectiveness study 
                conducted under section 405(b)(4) or section 
                405(c)(2)(C), including recommendations 
                regarding which types of environments might 
                best be suited for successful replication; and
                  (G) recommendations regarding the need for 
                further research and development of the 
                strategy.
    (h) Personnel Matters.--
          (1) Travel expenses.--The members of the Commission 
        shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 
        5, United States Code, while away from their homes or 
        regular places of business in the performance of 
        service for the Commission.
          (2) Compensation of members.--Members of the 
        Commission shall serve without compensation.
          (3) Staff.--
                  (A) In general.--The chairperson of the 
                Commission may, without regard to the civil 
                service laws and regulations, appoint and 
                terminate an executive director and such other 
                additional personnel as may be necessary to 
                enable the Commission to perform its duties. 
                The employment of an executive director shall 
                be subject to confirmation by the Commission.
                  (B) Compensation.--The chairperson of the 
                Commission may fix the compensation of the 
                executive director and other personnel without 
                regard to the provisions of chapter 51 and 
                subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of 
                positions and General Schedule pay rates, 
                except that the rate of pay for the executive 
                director and other personnel may not exceed the 
                rate payable for level V of the Executive 
                Schedule under section 5316 of such title.
          (4) Detail of federal employees.--With the 
        affirmative vote of \2/3\ of the members of the 
        Commission, any Federal Government employee, with the 
        approval of the head of the appropriate Federal agency, 
        may be detailed to the Commission without 
        reimbursement, and such detail shall be without 
        interruption or loss of civil service status, benefits, 
        or privileges.
    (i) Contracts for Research.--
          (1) National institute of justice.--With a \2/3\ 
        affirmative vote of the members of the Commission, the 
        Commission may select nongovernmental researchers and 
        experts to assist the Commission in carrying out its 
        duties under this title. The National Institute of 
        Justice shall contract with the researchers and experts 
        selected by the Commission to provide funding in 
        exchange for their services.
          (2) Other organizations.--Nothing in this subsection 
        shall be construed to limit the ability of the 
        Commission to enter into contracts with other entities 
        or organizations for research necessary to carry out 
        the duties of the Commission under this section.
    (j) Authorization of Appropriations.--There are authorized 
to be appropriated $5,000,000 to carry out this section.
    (k) Termination.--The Commission shall terminate on the 
date that is 30 days after the date on which the Commission 
submits the last report required by this section.
    (l) Exemption.--The Commission shall be exempt from the 
Federal Advisory Committee Act.

SEC. 405. INNOVATIVE CRIME PREVENTION AND INTERVENTION STRATEGIES.

    (a) In General.--The Attorney General may fund the 
implementation and evaluation of innovative crime or 
delinquency prevention or intervention strategies though 
coordinated initiatives, as described in subsection (b), 
through grants authorized under subsection (c), or a 
combination of the coordinated initiatives and grants.
    (b) Coordinated Initiatives.--
          (1) In general.--The Attorney General, acting through 
        the Director of the National Institute of Justice, may 
        coordinate efforts between the National Institute of 
        Justice and other appropriate components of the 
        Department of Justice to implement and rigorously 
        evaluate innovative crime or delinquency prevention or 
        intervention strategies.
          (2) Selection of strategies.--The Director of the 
        National Institute of Justice, in consultation with the 
        heads of other appropriate components of the Department 
        of Justice, shall identify innovative crime or 
        delinquency prevention or intervention strategies that 
        would best benefit from additional funding and 
        evaluation, taking into consideration the 
        recommendations of the Commission under section 404(f).
          (3) Program office role.--The head of any appropriate 
        component of the Department of Justice, as determined 
        by the Attorney General, may provide incentives under a 
        contract, cooperative agreement, or grant entered into 
        or made by the component, including a competitive 
        preference priority and providing additional funds, for 
        a public or private entity to--
                  (A) implement a strategy identified under 
                paragraph (2); or
                  (B) participate in the evaluation under 
                paragraph (4) of the strategies identified 
                under paragraph (2).
          (4) National institute of justice evaluation.--
                  (A) In general.--The Director of the National 
                Institute of Justice may enter into or make 
                contracts, cooperative agreements, or grants to 
                conduct a rigorous study of the effectiveness 
                of each strategy relating to which an incentive 
                is provided under paragraph (3).
                  (B) Amount and duration.--A contract, 
                cooperative agreement, or grant under 
                subparagraph (A) shall be for not more than 
                $700,000, and shall be for a period of not more 
                than 3 years.
                  (C) Methodology of study.--Each study 
                conducted under subparagraph (A) shall use a 
                study design that is likely to produce rigorous 
                evidence of the effectiveness of the strategy 
                and, where feasible, measure outcomes using 
                available administrative data, such as police 
                arrest records, so as to minimize the costs of 
                the study.
    (c) Grants Authorized.--
          (1) In general.--The Director of the National 
        Institute of Justice may make grants to public and 
        private entities to fund the implementation and 
        evaluation of innovative crime or delinquency 
        prevention or intervention strategies. The purpose of 
        grants under this subsection shall be to provide funds 
        for all expenses related to the implementation of such 
        a strategy and to conduct a rigorous study on the 
        effectiveness of that strategy.
          (2) Grant distribution.--
                  (A) Period.--A grant under this subsection 
                shall be made for a period of not more than 3 
                years.
                  (B) Amount.--The amount of each grant under 
                this subsection--
                          (i) shall be sufficient to ensure 
                        that rigorous evaluations may be 
                        performed; and
                          (ii) shall not exceed $2,000,000.
                  (C) Evaluation set-aside.--
                          (i) In general.--A grantee shall use 
                        not less than $300,000 and not more 
                        than $700,000 of the funds from a grant 
                        under this subsection for a rigorous 
                        study of the effectiveness of the 
                        strategy during the 3-year period of 
                        the grant for that strategy.
                          (ii) Methodology of study.--
                                  (I) In general.--Each study 
                                conducted under clause (i) 
                                shall use an evaluator and a 
                                study design approved by the 
                                employee of the National 
                                Institute of Justice hired or 
                                assigned under subsection (e) 
                                and, where feasible, measure 
                                outcomes using available 
                                administrative data, such as 
                                police arrest records, so as to 
                                minimize the costs of the 
                                study.
                                  (II) Criteria.--The employee 
                                of the National Institute of 
                                Justice hired or assigned under 
                                subsection (e) shall approve--
                                          (aa) an evaluator 
                                        that has successfully 
                                        carried out multiple 
                                        studies producing 
                                        rigorous evidence of 
                                        effectiveness; and
                                          (bb) a proposed study 
                                        design that is likely 
                                        to produce rigorous 
                                        evidence of the 
                                        effectiveness of the 
                                        strategy.
                                  (III) Approval.--Before a 
                                grant is awarded under this 
                                subsection, the evaluator and 
                                study design of a grantee shall 
                                be approved by the employee of 
                                the National Institute of 
                                Justice hired or assigned under 
                                subsection (e).
                  (D) Date of award.--Not later than 6 months 
                after the date of receiving recommendations 
                relating to a subcategory from the Commission 
                under section 404(f), the Director of the 
                National Institute of Justice shall award all 
                grants under this subsection relating to that 
                subcategory.
                  (E) Type of grants.--One-third of the grants 
                made under this subsection shall be made in 
                each subcategory. In distributing grants, the 
                recommendations of the Commission under section 
                404(f) shall be considered.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated $18,000,000 to carry out subsections (b) and 
(c).
    (e) Dedicated Staff.--
          (1) In general.--The Director of the National 
        Institute of Justice shall hire or assign a full-time 
        employee to oversee the contracts, cooperative 
        agreements, and grants under this section.
          (2) Study oversight.--The employee of the National 
        Institute of Justice hired or assigned under paragraph 
        (1) shall be responsible for ensuring that recipients 
        of a contract, cooperative agreement, or grant under 
        this section adhere to the study design approved before 
        the contract, cooperative agreement, or grant was 
        entered into or awarded.
          (3) Liaison.--The employee of the National Institute 
        of Justice hired or assigned under paragraph (1) may be 
        used as a liaison between the Commission and the 
        recipients of a contract, cooperative agreement, or 
        grant under this section. The employee shall be 
        responsible for ensuring timely cooperation with 
        Commission requests.
          (4) Authorization of appropriations.--There are 
        authorized to be appropriated $150,000 for each of 
        fiscal years 2010 through 2014 to carry out this 
        subsection.
    (f) Applications.--A public or private entity desiring a 
contract, cooperative agreement, or grant under this section 
shall submit an application at such time, in such manner, and 
accompanied by such information as the Director of the National 
Institute of Justice or other appropriate component of the 
Department of Justice may reasonably require.
    (g) Cooperation With the Commission.--A person entering 
into a contract or cooperative agreement or receiving a grant 
under this section shall cooperate with the Commission in 
providing the Commission with full information on the progress 
of the strategy being carried out with a contract, cooperative 
agreement, or grant under this section, including--
          (1) hosting visits by the members of the Commission 
        to the site where the activities under the strategy are 
        being carried out;
          (2) providing pertinent information on the logistics 
        of establishing the strategy for which the contract, 
        cooperative agreement, or grant under this section was 
        received, including details on partnerships, selection 
        of participants, and any efforts to publicize the 
        strategy; and
          (3) responding to any specific inquiries that may be 
        made by the Commission.

SEC. 406. FUNDING.

    Section 524(c) of title 28, United States Code, is amended 
by adding at the end the following:
          ``(12) For the first full fiscal year after the date 
        of enactment of the PRECAUTION Act, and each fiscal 
        year thereafter through the end of the fifth full 
        fiscal year after such date of enactment, there is 
        appropriated to the Attorney General from the Fund 
        $4,750,000 to carry out the PRECAUTION Act.''.

           *       *       *       *       *       *       *


                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. EVALUATION BY GENERAL ACCOUNTING OFFICE.

    (a) Evaluation.--Not later than October 1, 2010, the 
Comptroller General of the United States shall--
          (1) conduct a comprehensive analysis and evaluation 
        regarding the performance of the Office of Juvenile 
        Justice Delinquency and 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, statistically significant sample of grantees 
        (as determined by the Comptroller General) that receive 
        Federal funds under grant programs administered by the 
        Office of Juvenile Justice Delinquency and Prevention 
        including a review of internal controls 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 extent to which the jurisdiction of, and the 
        programs administered by, the agency duplicate or 
        conflict with the jurisdiction and programs of other 
        agencies;
          (2) 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;
          (3) whether present functions or operations are 
        impeded or enhanced by existing statutes, rules and 
        procedures;
          (4) the number and types of beneficiaries or persons 
        served by programs carried out by the agency;
          (5) 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;
          (6) the extent to which the agency complies with 
        section 552 of title 5, United States Code (commonly 
        known as the Freedom of Information Act);
          (7) whether greater oversight is needed of programs 
        developed with grants made by the agency; and
          (8) the extent to which 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.
    (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.--The Comptroller General of the 
        United States shall submit a report regarding the 
        evaluation conducted under subsection (a) and audit 
        under subsection (b), together with supporting 
        materials, to the Speaker of the House of 
        Representatives and the President pro tempore of the 
        Senate, and be made available to the public, not later 
        than October 1, 2011.
          (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).

           *       *       *       *       *       *       *


                      TITLE 18--CRIMINAL PROCEDURE

    CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS


Sec. 3154. Functions and powers relating to pretrial services

    Pretrial services functions shall include the following:
          (1) Collect, verify, and report to the judicial 
        officer, prior to the pretrial release hearing, 
        information pertaining to the pretrial release of each 
        individual charged with an offense, including 
        information relating to any danger that the release of 
        such person may pose to any other person or the 
        community, and, where appropriate, include a 
        recommendation as to whether such individual should be 
        released or detained and, if release is recommended, 
        recommend appropriate conditions of release; except 
        that a district court may direct that information not 
        be collected, verified, or reported under this 
        paragraph on individuals charged with Class A 
        misdemeanors as defined in section 3559(a)(6) of this 
        title.
          (2) Review and modify the reports and recommendations 
        specified in paragraph (1) of this section for persons 
        seeking release pursuant to section 3145 of this 
        chapter.
          (3) Supervise persons released into its custody under 
        this chapter.
          (4) Operate or contract for the operation of 
        appropriate facilities for the custody or care of 
        persons released under this chapter including 
        residential halfway houses, addict and alcoholic 
        treatment centers, and counseling services, and 
        contract with any appropriate public or private agency 
        or person, or expend funds, to monitor and provide 
        treatment as well as nontreatment services to any such 
        persons released in the community, including equipment 
        and emergency housing, corrective and preventative 
        guidance and training, and other services reasonably 
        deemed necessary to protect the public and ensure that 
        such persons appear in court as required.
          (5) Inform the court and the United States attorney 
        of all apparent violations of pretrial release 
        conditions, arrests of persons released to the custody 
        of providers of pretrial services or under the 
        supervision of providers of pretrial services, and any 
        danger that any such person may come to pose to any 
        other person or the community, and recommend 
        appropriate modifications of release conditions.
          (6) Serve as coordinator for other local agencies 
        which serve or are eligible to serve as custodians 
        under this chapter and advise the court as to the 
        eligibility, availability, and capacity of such 
        agencies.
          (7) Assist persons released under this chapter in 
        securing any necessary employment, medical, legal, or 
        social services.
          (8) Prepare, in cooperation with the United States 
        marshal and the United States attorney such pretrial 
        detention reports as are required by the provisions of 
        the Federal Rules of Criminal Procedure relating to the 
        supervision of detention pending trial.
          (9) Develop and implement a system to monitor and 
        evaluate bail activities, provide information to 
        judicial officers on the results of bail decisions, and 
        prepare periodic reports to assist in the improvement 
        of the bail process.
          (10) To the extent provided for in an agreement 
        between a chief pretrial services officer in districts 
        in which pretrial services are established under 
        section 3152(b) of this title, or the chief probation 
        officer in all other districts, and the United States 
        attorney, collect, verify, and prepare reports for the 
        United States attorney's office of information 
        pertaining to the pretrial diversion of any individual 
        who is or may be charged with an offense, and perform 
        such other duties as may be required under any such 
        agreement.
          (11) Make contracts, to such extent and in such 
        amounts as are provided in appropriation Acts, for the 
        carrying out of any pretrial services functions.
          (12)(A) As directed by the court and to the degree 
        required by the regimen of care or treatment ordered by 
        the court as a condition of release, keep informed as 
        to the conduct and provide supervision of a person 
        conditionally released under the provisions of section 
        4243 or 4246 of this title, and report such person's 
        conduct and condition to the court ordering release and 
        the Attorney General or his designee.
          (B) Any violation of the conditions of release shall 
        immediately be reported to the court and the Attorney 
        General or his designee.
          (13) If approved by the district court, be authorized 
        to carry firearms under such rules and regulations as 
        the Director of the Administrative Office of the United 
        States Courts may prescribe.
          (14) Perform, in a manner appropriate for juveniles, 
        any of the functions identified in this section with 
        respect to juveniles awaiting adjudication, trial, or 
        disposition under chapter 403 of this title who are not 
        detained.
          [(14)](15) Perform such other functions as specified 
        under this chapter.

                                  
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