[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1809 Engrossed in House (EH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1809
_______________________________________________________________________
AN ACT
To reauthorize and improve the Juvenile Justice and Delinquency
Prevention Act of 1974, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Juvenile Justice Reform Act of
2017''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Application of amendments.
TITLE I--DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Definitions.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
Sec. 201. Concentration of Federal efforts.
Sec. 202. Coordinating Council on Juvenile Justice and Delinquency
Prevention.
Sec. 203. Annual report.
Sec. 204. Allocation of funds.
Sec. 205. State plans.
Sec. 206. Repeal of juvenile delinquency prevention block grant
program.
Sec. 207. Research and evaluation; statistical analyses; information
dissemination.
Sec. 208. Training and technical assistance.
Sec. 209. Authorization of appropriations.
Sec. 210. Administrative authority.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
Sec. 301. Short Title.
Sec. 302. Definitions.
Sec. 303. Duties and functions of the administrator.
Sec. 304. Grants for delinquency prevention programs.
Sec. 305. Grants for tribal delinquency prevention and response
programs.
Sec. 306. Authorization of appropriations.
Sec. 307. Technical amendment.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Evaluation by Government Accountability Office.
Sec. 402. Accountability and oversight.
SEC. 3. APPLICATION OF AMENDMENTS.
The amendments made by this Act shall not apply with respect to
funds appropriated for any fiscal year that begins before the date of
the enactment of this Act.
TITLE I--DECLARATION OF FINDINGS, PURPOSE, AND DEFINITIONS
SEC. 101. FINDINGS.
Section 101(a)(9) of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601(a)(9)) is amended by inserting
``, including offenders who enter the juvenile justice system as the
result of sexual abuse, exploitation, and trauma,'' after ``young
juvenile offenders''.
SEC. 102. PURPOSES.
Section 102 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5602) is amended--
(1) in paragraph (1), by inserting ``, tribal,'' after
``State'';
(2) in paragraph (2)--
(A) by inserting ``, tribal,'' after ``State''; and
(B) by striking ``and'' at the end;
(3) by amending paragraph (3) to read as follows:
``(3) to assist State, tribal, and local governments in
addressing juvenile crime through the provision of technical
assistance, research, training, evaluation, and the
dissemination of current and relevant information on effective
and evidence-based programs and practices for combating
juvenile delinquency; and''; and
(4) by adding at the end the following:
``(4) to support a continuum of evidence-based or promising
programs (including delinquency prevention, intervention,
mental health, behavioral health and substance abuse treatment,
family services, and services for children exposed to violence)
that are trauma informed, reflect the science of adolescent
development, and are designed to meet the needs of at-risk
youth and youth who come into contact with the justice
system.''.
SEC. 103. DEFINITIONS.
Section 103 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5603) is amended--
(1) in paragraph (8)--
(A) in subparagraph (B)(ii), by adding ``or'' at
the end;
(B) by striking subparagraph (C); and
(C) by redesignating subparagraph (D) as
subparagraph (C);
(2) in paragraph (18)--
(A) by inserting ``for purposes of title II,''
before ``the term''; and
(B) by adding at the end the following:
``that has a law enforcement function, as determined by the
Secretary of the Interior in consultation with the Attorney
General;'';
(3) by amending paragraph (22) to read as follows:
``(22) the term `jail or lockup for adults' means a secure
facility that is used by a State, unit of local government, or
law enforcement authority to detain or confine adult
inmates;'';
(4) by amending paragraph (25) to read as follows:
``(25) the term `sight or sound contact' means any
physical, clear visual, or verbal contact that is not brief and
inadvertent;'';
(5) by amending paragraph (26) to read as follows:
``(26) the term `adult inmate'--
``(A) means an individual who--
``(i) has reached the age of full criminal
responsibility under applicable State law; and
``(ii) has been arrested and is in custody
for or awaiting trial on a criminal charge, or
is convicted of a criminal offense; and
``(B) does not include an individual who--
``(i) at the time of the time of the
offense, was younger than the maximum age at
which a youth can be held in a juvenile
facility under applicable State law; and
``(ii) was committed to the care and
custody or supervision, including post-
placement or parole supervision, of a juvenile
correctional agency by a court of competent
jurisdiction or by operation of applicable
State law;'';
(6) in paragraph (28), by striking ``and'' at the end;
(7) in paragraph (29), by striking the period at the end
and inserting a semicolon; and
(8) by adding at the end the following:
``(30) the term `core requirements'--
``(A) means the requirements described in
paragraphs (11), (12), (13), and (15) of section
223(a); and
``(B) does not include the data collection
requirements described in subparagraphs (A) through (K)
of section 207(1);
``(31) the term `chemical agent' means a spray or injection
used to temporarily incapacitate a person, including oleoresin
capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
``(32) the term `isolation'--
``(A) means any instance in which a youth is
confined alone for more than 10 minutes in a room or
cell; and
``(B) does not include--
``(i) confinement during regularly
scheduled sleeping hours;
``(ii) separation based on a treatment
program approved by a licensed medical or
mental health professional;
``(iii) confinement or separation that is
requested by the youth; or
``(iv) the separation of the youth from a
group in a nonlocked setting for the limited
purpose of calming;
``(33) the term `restraints' has the meaning given that
term in section 591 of the Public Health Service Act (42 U.S.C.
290ii);
``(34) the term `evidence-based' means a program or
practice that--
``(A) is demonstrated to be effective when
implemented with fidelity;
``(B) is based on a clearly articulated and
empirically supported theory;
``(C) has measurable outcomes relevant to juvenile
justice, including a detailed description of the
outcomes produced in a particular population, whether
urban or rural; and
``(D) has been scientifically tested and proven
effective through randomized control studies or
comparison group studies and with the ability to
replicate and scale;
``(35) the term `promising' means a program or practice
that--
``(A) is demonstrated to be effective based on
positive outcomes relevant to juvenile justice from one
or more objective, independent, and scientifically
valid evaluations, as documented in writing to the
Administrator; and
``(B) will be evaluated through a well-designed and
rigorous study, as described in paragraph (34)(D);
``(36) the term `dangerous practice' means an act,
procedure, or program that creates an unreasonable risk of
physical injury, pain, or psychological harm to a juvenile
subjected to the act, procedure, or program;
``(37) the term `screening' means a brief process--
``(A) designed to identify youth who may have
mental health, behavioral health, substance abuse, or
other needs requiring immediate attention,
intervention, and further evaluation; and
``(B) the purpose of which is to quickly identify a
youth with possible mental health, behavioral health,
substance abuse, or other needs in need of further
assessment;
``(38) the term `assessment' includes, at a minimum, an
interview and review of available records and other pertinent
information--
``(A) by an appropriately trained professional who
is licensed or certified by the applicable State in the
mental health, behavioral health, or substance abuse
fields; and
``(B) which is designed to identify significant
mental health, behavioral health, or substance abuse
treatment needs to be addressed during a youth's
confinement;
``(39) for purposes of section 223(a)(15), the term
`contact' means the points at which a youth and the juvenile
justice system or criminal justice system officially intersect,
including interactions with a juvenile justice, juvenile court,
or law enforcement official;
``(40) the term `trauma-informed' means--
``(A) understanding the impact that exposure to
violence and trauma have on a youth's physical,
psychological, and psychosocial development;
``(B) recognizing when a youth has been exposed to
violence and trauma and is in need of help to recover
from the adverse impacts of trauma; and
``(C) responding in ways that resist
retraumatization;
``(41) the term `racial and ethnic disparity' means
minority youth populations are involved at a decision point in
the juvenile justice system at higher rates, incrementally or
cumulatively, than non-minority youth at that decision point;
``(42) the term `status offender' means a juvenile who is
charged with or who has committed an offense that would not be
criminal if committed by an adult;
``(43) the term `rural' means an area that is not located
in a metropolitan statistical area, as defined by the Office of
Management and Budget;
``(44) the term `internal controls' means a process
implemented to provide reasonable assurance regarding the
achievement of objectives in--
``(A) effectiveness and efficiency of operations,
such as grant management practices;
``(B) reliability of reporting for internal and
external use; and
``(C) compliance with applicable laws and
regulations, as well as recommendations of the Office
of Inspector General and the Government Accountability
Office; and
``(45) the term `tribal government' means the governing
body of an Indian tribe.''.
TITLE II--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
SEC. 201. CONCENTRATION OF FEDERAL EFFORTS.
Section 204 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5614) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the first sentence--
(i) by striking ``a long-term plan, and
implement'' and inserting the following: ``a
long-term plan to improve the juvenile justice
system in the United States, taking into
account scientific knowledge regarding
adolescent development and behavior and
regarding the effects of delinquency prevention
programs and juvenile justice interventions on
adolescents, and shall implement''; and
(ii) by striking ``research, and
improvement of the juvenile justice system in
the United States'' and inserting ``and
research''; and
(B) in paragraph (2)(B), by striking ``Federal
Register'' and all that follows and inserting ``Federal
Register during the 30-day period ending on October 1
of each year.''; and
(2) in subsection (b)--
(A) by striking paragraph (7);
(B) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively;
(C) by inserting after paragraph (4), the
following:
``(5) not later than 1 year after the date of enactment of
the Juvenile Justice Reform Act of 2017, in consultation with
Indian tribes, develop a policy for the Office of Juvenile
Justice and Delinquency Prevention to collaborate with
representatives of Indian tribes with a criminal justice
function on the implementation of the provisions of this Act
relating to Indian tribes;'';
(D) in paragraph (6), as so redesignated, by adding
``and'' at the end; and
(E) in paragraph (7), as so redesignated--
(i) by striking ``monitoring'';
(ii) by striking ``section 223(a)(15)'' and
inserting ``section 223(a)(14)''; and
(iii) by striking ``to review the adequacy
of such systems; and'' and inserting ``for
monitoring compliance.''.
SEC. 202. COORDINATING COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY
PREVENTION.
Section 206 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5616) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by inserting ``the Assistant Secretary
for Mental Health and Substance Use, the
Secretary of the Interior,'' after ``the
Secretary of Health and Human Services,''; and
(ii) by striking ``Commissioner of
Immigration and Naturalization'' and inserting
``Assistant Secretary for Immigration and
Customs Enforcement''; and
(B) in paragraph (2), by striking ``United States''
and inserting ``Federal Government''; and
(2) in subsection (c)--
(A) in paragraph (1), by striking ``paragraphs
(12)(A), (13), and (14) of section 223(a) of this
title'' and inserting ``the core requirements''; and
(B) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by inserting ``, on an annual basis''
after ``collectively''; and
(ii) by striking subparagraph (B) and
inserting the following:
``(B) not later than 120 days after the completion
of the last meeting of the Council during any fiscal
year, submit to the Committee on Education and the
Workforce of the House of Representatives and the
Committee on the Judiciary of the Senate a report
that--
``(i) contains the recommendations
described in subparagraph (A);
``(ii) includes a detailed account of the
activities conducted by the Council during the
fiscal year, including a complete detailed
accounting of expenses incurred by the Council
to conduct operations in accordance with this
section;
``(iii) is published on the Web sites of
the Office of Juvenile Justice and Delinquency
Prevention, the Council, and the Department of
Justice; and
``(iv) is in addition to the annual report
required under section 207.''.
SEC. 203. ANNUAL REPORT.
Section 207 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5617) is amended--
(1) in the matter preceding paragraph (1), by striking ``a
fiscal year'' and inserting ``each fiscal year'';
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``and gender''
and inserting ``, gender, and ethnicity, as such term
is defined by the Bureau of the Census,'';
(B) in subparagraph (E), by striking ``and'' at the
end;
(C) in subparagraph (F)--
(i) by inserting ``and other'' before
``disabilities,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(G) a summary of data from 1 month of the
applicable fiscal year of the use of restraints and
isolation upon juveniles held in the custody of secure
detention and correctional facilities operated by a
State or unit of local government;
``(H) the number of status offense cases petitioned
to court, number of status offenders held in secure
detention, the findings used to justify the use of
secure detention, and the average period of time a
status offender was held in secure detention;
``(I) the number of juveniles released from custody
and the type of living arrangement to which they are
released;
``(J) the number of juveniles whose offense
originated on school grounds, during school-sponsored
off-campus activities, or due to a referral by a school
official, as collected and reported by the Department
of Education or similar State educational agency; and
``(K) the number of juveniles in the custody of
secure detention and correctional facilities operated
by a State or unit of local government who report being
pregnant.''; and
(3) by adding at the end the following:
``(5) A description of the criteria used to determine what
programs qualify as evidence-based and promising programs under
this title and title V and a comprehensive list of those
programs the Administrator has determined meet such criteria in
both rural and urban areas.
``(6) A description of funding provided to Indian tribes
under this Act or for a juvenile delinquency or prevention
program under the Tribal Law and Order Act of 2010 (Public Law
111-211; 124 Stat. 2261), including direct Federal grants and
funding provided to Indian tribes through a State or unit of
local government.
``(7) An analysis and evaluation of the internal controls
at the Office of Juvenile Justice and Delinquency Prevention to
determine if grantees are following the requirements of the
Office of Juvenile Justice and Delinquency Prevention grant
programs and what remedial action the Office of Juvenile
Justice and Delinquency Prevention has taken to recover any
grant funds that are expended in violation of the grant
programs, including instances--
``(A) in which supporting documentation was not
provided for cost reports;
``(B) where unauthorized expenditures occurred; or
``(C) where subrecipients of grant funds were not
compliant with program requirements.
``(8) An analysis and evaluation of the total amount of
payments made to grantees that the Office of Juvenile Justice
and Delinquency Prevention recouped from grantees that were
found to be in violation of policies and procedures of the
Office of Juvenile Justice and Delinquency Prevention grant
programs, including--
``(A) the full name and location of the grantee;
``(B) the violation of the program found;
``(C) the amount of funds sought to be recouped by
the Office of Juvenile Justice and Delinquency
Prevention; and
``(D) the actual amount recouped by the Office of
Juvenile Justice and Delinquency Prevention.''.
SEC. 204. ALLOCATION OF FUNDS.
(a) Technical Assistance.--Section 221(b)(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5631(b)(1))
is amended by striking ``2 percent'' and inserting ``5 percent''.
(b) Other Allocations.--Section 222 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5632) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``age eighteen''
and inserting ``18 years of age, based on the most
recent data available from the Bureau of the Census'';
and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2)(A) If the aggregate amount appropriated for a fiscal year to
carry out this title is less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not less
than $400,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not less
than $75,000.
``(B) If the aggregate amount appropriated for a fiscal year to
carry out this title is not less than $75,000,000, then--
``(i) the amount allocated to each State other than a State
described in clause (ii) for that fiscal year shall be not less
than $600,000; and
``(ii) the amount allocated to the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands for that fiscal year shall be not less
than $100,000.'';
(2) in subsection (c), by striking ``efficient
administration, including monitoring, evaluation, and one full-
time staff position'' and inserting ``effective and efficient
administration of funds, including the designation of not less
than one individual who shall coordinate efforts to achieve and
sustain compliance with the core requirements and certify
whether the State is in compliance with such requirements'';
and
(3) in subsection (d), by striking ``5 per centum of the
minimum'' and inserting ``not more than 5 percent of the''.
SEC. 205. STATE PLANS.
Section 223 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5633) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``and shall describe the status of compliance
with State plan requirements.'' and inserting ``and
shall describe how the State plan is supported by or
takes account of scientific knowledge regarding
adolescent development and behavior and regarding the
effects of delinquency prevention programs and juvenile
justice interventions on adolescents. Not later than 60
days after the date on which a plan or amended plan
submitted under this subsection is finalized, a State
shall make the plan or amended plan publicly available
by posting the plan or amended plan on the State's
publicly available website.'';
(B) in paragraph (1), by striking ``described in
section 299(c)(1)'' and inserting ``as designated by
the chief executive officer of the State'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting
``adolescent development,'' after
``concerning'';
(II) in clause (ii)--
(aa) in subclause (II), by
inserting ``publicly supported
court-appointed legal counsel
with experience representing
juveniles in delinquency
proceedings,'' after
``youth,'';
(bb) in subclause (III), by
striking ``mental health,
education, special education''
and inserting ``child and
adolescent mental health,
education, child and adolescent
substance abuse, special
education, services for youth
with disabilities'';
(cc) in subclause (V), by
striking ``delinquents or
potential delinquents'' and
inserting ``delinquent youth or
youth at risk of delinquency'';
(dd) in subclause (VI), by
striking ``youth workers
involved with'' and inserting
``representatives of'';
(ee) in subclause (VII), by
striking ``and'' at the end;
(ff) by striking subclause
(VIII) and inserting the
following:
``(VIII) persons, licensed or
certified by the applicable State, with
expertise and competence in preventing
and addressing mental health and
substance abuse needs in delinquent
youth and youth at risk of delinquency;
``(IX) representatives of victim or
witness advocacy groups, including at
least one individual with expertise in
addressing the challenges of sexual
abuse and exploitation and trauma,
particularly the needs of youth who
experience disproportionate levels of
sexual abuse, exploitation, and trauma
before entering the juvenile justice
system; and
``(X) for a State in which one or
more Indian tribes are located, an
Indian tribal representative or other
individual with significant expertise
in tribal law enforcement and juvenile
justice in Indian tribal
communities;'';
(III) in clause (iv), by striking
``24 at the time of appointment'' and
inserting ``28 at the time of initial
appointment''; and
(IV) in clause (v) by inserting
``or, if not feasible and in
appropriate circumstances, who is the
parent or guardian of someone who has
been or is currently under the
jurisdiction of the juvenile justice
system'' after ``juvenile justice
system'';
(ii) in subparagraph (C), by striking ``30
days'' and inserting ``45 days'';
(iii) in subparagraph (D)--
(I) in clause (i), by striking
``and'' at the end; and
(II) in clause (ii), by striking
``at least annually recommendations
regarding State compliance with the
requirements of paragraphs (11), (12),
and (13)'' and inserting ``at least
every 2 years a report and necessary
recommendations regarding State
compliance with the core
requirements''; and
(iv) in subparagraph (E)--
(I) in clause (i), by adding
``and'' at the end; and
(II) in clause (ii), by striking
the period at the end and inserting a
semicolon;
(D) in paragraph (5)(C), by striking ``Indian
tribes'' and all that follows through ``applicable to
the detention and confinement of juveniles'' and
inserting ``Indian tribes that agree to attempt to
comply with the core requirements applicable to the
detention and confinement of juveniles'';
(E) in paragraph (7)--
(i) in subparagraph (A), by striking
``performs law enforcement functions'' and
inserting ``has jurisdiction''; and
(ii) in subparagraph (B)--
(I) in clause (iii), by striking
``and'' at the end; and
(II) by striking clause (iv) and
inserting the following:
``(iv) a plan to provide alternatives to
detention for status offenders, survivors of
commercial sexual exploitation, and others,
where appropriate, such as specialized or
problem-solving courts or diversion to home-
based or community-based services or treatment
for those youth in need of mental health,
substance abuse, or co-occurring disorder
services at the time such juveniles first come
into contact with the juvenile justice system;
``(v) a plan to reduce the number of
children housed in secure detention and
corrections facilities who are awaiting
placement in residential treatment programs;
``(vi) a plan to engage family members,
where appropriate, in the design and delivery
of juvenile delinquency prevention and
treatment services, particularly post-
placement;
``(vii) a plan to use community-based
services to respond to the needs of at-risk
youth or youth who have come into contact with
the juvenile justice system;
``(viii) a plan to promote evidence-based
and trauma-informed programs and practices; and
``(ix) not later than 1 year after the date
of enactment of the Juvenile Justice Reform Act
of 2017, a plan, which shall be implemented not
later than 2 years after the date of enactment
of the Juvenile Justice Reform Act of 2017,
to--
``(I) eliminate the use of
restraints of known pregnant juveniles
housed in secure juvenile detention and
correction facilities, during labor,
delivery, and post-partum recovery,
unless credible, reasonable grounds
exist to believe the detainee presents
an immediate and serious threat of
hurting herself, staff, or others; and
``(II) eliminate the use of
abdominal restraints, leg and ankle
restraints, wrist restraints behind the
back, and four-point restraints on
known pregnant juveniles, unless--
``(aa) credible, reasonable
grounds exist to believe the
detainee presents an immediate
and serious threat of hurting
herself, staff, or others; or
``(bb) reasonable grounds
exist to believe the detainee
presents an immediate and
credible risk of escape that
cannot be reasonably minimized
through any other method;'';
(F) in paragraph (8), by striking ``existing'' and
inserting ``evidence-based and promising'';
(G) in paragraph (9)--
(i) in the matter preceding subparagraph
(A), by inserting ``, with priority in funding
given to entities meeting the criteria for
evidence-based or promising programs'' after
``used for'';
(ii) in subparagraph (A)--
(I) in clause (i)--
(aa) by inserting ``status
offenders and other'' before
``youth who need''; and
(bb) by striking ``and'' at
the end;
(II) in clause (ii) by adding
``and'' at the end; and
(III) by inserting after clause
(ii) the following:
``(iii) for youth who need specialized
intensive and comprehensive services that
address the unique issues encountered by youth
when they become involved with gangs;'';
(iii) in subparagraph (B)(i)--
(I) by striking ``parents and other
family members'' and inserting ``status
offenders, other youth, and the parents
and other family members of such
offenders and youth''; and
(II) by striking ``be retained''
and inserting ``remain'';
(iv) in subparagraph (E)--
(I) in the matter preceding clause
(i), by striking ``delinquent'' and
inserting ``at-risk or delinquent
youth''; and
(II) in clause (i), by inserting
``, including for truancy prevention
and reduction'' before the semicolon;
(v) in subparagraph (F), in the matter
preceding clause (i), by striking ``expanding''
and inserting ``programs to expand'';
(vi) by redesignating subparagraphs (G)
through (S) as subparagraphs (H) through (T),
respectively;
(vii) by inserting after subparagraph (F),
the following:
``(G) programs--
``(i) to ensure youth have access to
appropriate legal representation; and
``(ii) to expand access to publicly
supported, court-appointed legal counsel who
are trained to represent juveniles in
adjudication proceedings,
except that the State may not use more than 2 percent
of the funds received under section 222 for these
purposes;'';
(viii) in subparagraph (H), as so
redesignated, by striking ``State,'' each place
the term appears and inserting ``State,
tribal,'';
(ix) in subparagraph (M), as so
redesignated--
(I) in clause (i)--
(aa) by inserting ``pre-
adjudication and'' before
``post-adjudication'';
(bb) by striking
``restraints'' and inserting
``alternatives''; and
(cc) by inserting
``specialized or problem-
solving courts,'' after
``(including''; and
(II) in clause (ii)--
(aa) by striking ``by the
provision by the
Administrator''; and
(bb) by striking ``to
States'';
(x) in subparagraph (N), as redesignated--
(I) by inserting ``and reduce the
risk of recidivism'' after
``families''; and
(II) by striking ``so that such
juveniles may be retained in their
homes'';
(xi) in subparagraph (S), as so
redesignated, by striking ``and'' at the end;
(xii) in subparagraph (T), as so
redesignated--
(I) by inserting ``or co-occurring
disorder'' after ``mental health'';
(II) by inserting ``court-involved
or'' before ``incarcerated'';
(III) by striking ``suspected to
be'';
(IV) by striking ``and discharge
plans'' and inserting ``provision of
treatment, and development of discharge
plans''; and
(V) by striking the period at the
end and inserting a semicolon; and
(xiii) by inserting after subparagraph (T)
the following:
``(U) programs and projects designed--
``(i) to inform juveniles of the
opportunity and process for sealing and
expunging juvenile records; and
``(ii) to assist juveniles in pursuing
juvenile record sealing and expungements for
both adjudications and arrests not followed by
adjudications;
except that the State may not use more than 2 percent
of the funds received under section 222 for these
purposes;
``(V) programs that address the needs of girls in
or at risk of entering the juvenile justice system,
including pregnant girls, young mothers, victims of
sexual abuse, survivors of commercial sexual
exploitation or domestic child sex trafficking, girls
with disabilities, and girls of color, including girls
who are members of an Indian tribe; and
``(W) monitoring for compliance with the core
requirements and providing training and technical
assistance on the core requirements to secure
facilities;'';
(H) by striking paragraph (11) and inserting the
following:
``(11)(A) in accordance with rules issued by the
Administrator, provide that a juvenile shall not be placed in a
secure detention facility or a secure correctional facility,
if--
``(i) the juvenile is charged with or has committed
an offense that would not be criminal if committed by
an adult, excluding--
``(I) a juvenile who is charged with or has
committed a violation of section 922(x)(2) of
title 18, United States Code, or of a similar
State law;
``(II) a juvenile who is charged with or
has committed a violation of a valid court
order issued and reviewed in accordance with
paragraph (23); and
``(III) a juvenile who is held in
accordance with the Interstate Compact on
Juveniles as enacted by the State; or
``(ii) the juvenile--
``(I) is not charged with any offense; and
``(II)(aa) is an alien; or
``(bb) is alleged to be dependent,
neglected, or abused; and
``(B) require that--
``(i) not later than 3 years after the date of
enactment of the Juvenile Justice Reform Act of 2017,
unless a court finds, after a hearing and in writing,
that it is in the interest of justice, juveniles
awaiting trial or other legal process who are treated
as adults for purposes of prosecution in criminal court
and housed in a secure facility--
``(I) shall not have sight or sound contact
with adult inmates; and
``(II) except as provided in paragraph
(13), may not be held in any jail or lockup for
adults;
``(ii) in determining under subparagraph (A)
whether it is in the interest of justice to permit a
juvenile to be held in any jail or lockup for adults,
or have sight or sound contact with adult inmates, a
court shall consider--
``(I) the age of the juvenile;
``(II) the physical and mental maturity of
the juvenile;
``(III) the present mental state of the
juvenile, including whether the juvenile
presents an imminent risk of harm to the
juvenile;
``(IV) the nature and circumstances of the
alleged offense;
``(V) the juvenile's history of prior
delinquent acts;
``(VI) the relative ability of the
available adult and juvenile detention
facilities to not only meet the specific needs
of the juvenile but also to protect the safety
of the public as well as other detained youth;
and
``(VII) any other relevant factor; and
``(iii) if a court determines under subparagraph
(A) that it is in the interest of justice to permit a
juvenile to be held in any jail or lockup for adults--
``(I) the court shall hold a hearing not
less frequently than once every 30 days, or in
the case of a rural jurisdiction, not less
frequently than once every 45 days, to review
whether it is still in the interest of justice
to permit the juvenile to be so held or have
such sight or sound contact; and
``(II) the juvenile shall not be held in
any jail or lockup for adults, or permitted to
have sight or sound contact with adult inmates,
for more than 180 days, unless the court, in
writing, determines there is good cause for an
extension or the juvenile expressly waives this
limitation;''.
(I) in paragraph (12)(A), by striking ``contact''
and inserting ``sight or sound contact'';
(J) in paragraph (13), by striking ``contact'' each
place it appears and inserting ``sight or sound
contact'';
(K) in paragraph (14)--
(i) by striking ``adequate system'' and
inserting ``effective system'';
(ii) by inserting ``lock-ups,'' after
``monitoring jails,'';
(iii) by inserting ``and'' after
``detention facilities,'';
(iv) by striking ``, and non-secure
facilities'';
(v) by striking ``insure'' and inserting
``ensure'';
(vi) by striking ``requirements of
paragraphs (11), (12), and (13)'' and inserting
``core requirements''; and
(vii) by striking ``, in the opinion of the
Administrator,'';
(L) by striking paragraphs (22) and (27);
(M) by redesignating paragraph (28) as paragraph
(27);
(N) by redesignating paragraphs (15) through (21)
as paragraphs (16) through (22), respectively;
(O) by inserting after paragraph (14) the
following:
``(15) implement policy, practice, and system improvement
strategies at the State, territorial, local, and tribal levels,
as applicable, to identify and reduce racial and ethnic
disparities among youth who come into contact with the juvenile
justice system, without establishing or requiring numerical
standards or quotas, by--
``(A) establishing or designating existing
coordinating bodies, composed of juvenile justice
stakeholders, (including representatives of the
educational system) at the State, local, or tribal
levels, to advise efforts by States, units of local
government, and Indian tribes to reduce racial and
ethnic disparities;
``(B) identifying and analyzing data on race and
ethnicity at all decision points in State, local, or
tribal juvenile justice systems to determine which key
points create racial and ethnic disparities among youth
who come into contact with the juvenile justice system;
and
``(C) developing and implementing a work plan that
includes measurable objectives for policy, practice, or
other system changes, based on the needs identified in
the data collection and analysis under subparagraph
(B);'';
(P) in paragraph (16), as so redesignated, by
inserting ``ethnicity,'' after ``race,'';
(Q) in paragraph (21), as so redesignated, by
striking ``local,'' each place the term appears and
inserting ``local, tribal,'';
(R) in paragraph (23)--
(i) in subparagraphs (A), (B), and (C), by
striking ``juvenile'' each place it appears and
inserting ``status offender'';
(ii) in subparagraph (B), by striking
``and'' at the end;
(iii) in subparagraph (C)--
(I) in clause (i), by striking
``and'' at the end;
(II) in clause (ii), by adding
``and'' at the end; and
(III) by adding at the end the
following:
``(iii) if such court determines the status
offender should be placed in a secure detention
facility or correctional facility for violating
such order--
``(I) the court shall issue a
written order that--
``(aa) identifies the valid
court order that has been
violated;
``(bb) specifies the
factual basis for determining
that there is reasonable cause
to believe that the status
offender has violated such
order;
``(cc) includes findings of
fact to support a determination
that there is no appropriate
less restrictive alternative
available to placing the status
offender in such a facility,
with due consideration to the
best interest of the juvenile;
``(dd) specifies the length
of time, not to exceed 7 days,
that the status offender may
remain in a secure detention
facility or correctional
facility, and includes a plan
for the status offender's
release from such facility; and
``(ee) may not be renewed
or extended; and
``(II) the court may not issue a
second or subsequent order described in
subclause (I) relating to a status
offender unless the status offender
violates a valid court order after the
date on which the court issues an order
described in subclause (I);''; and
(iv) by adding at the end the following:
``(D) there are procedures in place to ensure that
any status offender held in a secure detention facility
or correctional facility pursuant to a court order
described in this paragraph does not remain in custody
longer than 7 days or the length of time authorized by
the court, whichever is shorter; and
``(E) not later than September 30, 2020 (with a 1-
year extension for each additional fiscal year that a
State can demonstrate hardship, as determined by the
State, and submits in writing evidence of such hardship
to the Administrator which shall be considered approved
unless the Administrator justifies to the State in
writing that the hardship does not qualify for an
exemption), the State will eliminate the use of valid
court orders to provide secure confinement of status
offenders, except that juveniles may be held in secure
confinement in accordance with the Interstate Compact
for Juveniles if the judge issues a written order
that--
``(i) specifies the factual basis to
believe that the State has the authority to
detain the juvenile under the terms of the
Interstate Compact for Juveniles;
``(ii) 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;
``(iii) specifies the length of time a
juvenile may remain in secure confinement, not
to exceed 15 days, and includes a plan for the
return of the juvenile to the home State of the
juvenile; and
``(iv) may not be renewed or extended;'';
(S) in paragraph (26)--
(i) by inserting ``and in accordance with
confidentiality concerns,'' after ``maximum
extent practicable,''; and
(ii) by striking the semicolon at the end
and inserting the following: ``, so as to
provide for--
``(A) data in child abuse or neglect reports
relating to juveniles entering the juvenile justice
system with a prior reported history of arrest, court
intake, probation and parole, juvenile detention, and
corrections; and
``(B) a plan to use the data described in
subparagraph (A) to provide necessary services for the
treatment of such victims of child abuse or neglect;'';
(T) in paragraph (27), as so redesignated, by
striking the period at the end and inserting a
semicolon; and
(U) by adding at the end the following:
``(28) provide for the coordinated use of funds provided
under this title with other Federal and State funds directed at
juvenile delinquency prevention and intervention programs;
``(29) describe the policies, procedures, and training in
effect for the staff of juvenile State correctional facilities
to eliminate the use of dangerous practices, unreasonable
restraints, and unreasonable isolation, including by developing
effective behavior management techniques;
``(30) describe--
``(A) the evidence-based methods that will be used
to conduct mental health and substance abuse screening,
assessment, referral, and treatment for juveniles who--
``(i) request a screening;
``(ii) show signs of needing a screening;
or
``(iii) are held for a period of more than
24 hours in a secure facility that provides for
an initial screening; and
``(B) how the State will seek, to the extent
practicable, to provide or arrange for mental health
and substance abuse disorder treatment for juveniles
determined to be in need of such treatment;
``(31) describe how reentry planning by the State for
juveniles will include--
``(A) a written case plan based on an assessment of
needs that includes--
``(i) the pre-release and post-release
plans for the juveniles;
``(ii) the living arrangement to which the
juveniles are to be discharged; and
``(iii) any other plans developed for the
juveniles based on an individualized
assessment; and
``(B) review processes;
``(32) provide an assurance that the agency of the State
receiving funds under this title collaborates with the State
educational agency receiving assistance under part A of title I
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311 et seq.) to develop and implement a plan to ensure
that, in order to support educational progress--
``(A) the student records of adjudicated juveniles,
including electronic records if available, are
transferred in a timely manner from the educational
program in the juvenile detention or secure treatment
facility to the educational or training program into
which the juveniles will enroll;
``(B) the credits of adjudicated juveniles are
transferred; and
``(C) adjudicated juveniles receive full or partial
credit toward high school graduation for secondary
school coursework satisfactorily completed before and
during the period of time during which the juveniles
are held in custody, regardless of the local
educational agency or entity from which the credits
were earned; and
``(33) describe policies and procedures to--
``(A) screen for, identify, and document in records
of the State the identification of victims of domestic
human trafficking, or those at risk of such
trafficking, upon intake; and
``(B) divert youth described in subparagraph (A) to
appropriate programs or services, to the extent
practicable.'';
(2) by amending subsection (c) to read as follows:
``(c)(1) If a State fails to comply with any of the core
requirements in any fiscal year, then--
``(A) subject to subparagraph (B), the amount allocated to
such State under section 222 for the subsequent fiscal year
shall be reduced by not less than 20 percent for each core
requirement with respect to which the failure occurs; and
``(B) the State shall be ineligible to receive any
allocation under such section for such fiscal year unless--
``(i) the State agrees to expend 50 percent of the
amount allocated to the State for such fiscal year to
achieve compliance with any such core requirement with
respect to which the State is in noncompliance; or
``(ii) the Administrator determines that the
State--
``(I) has achieved substantial compliance
with such applicable requirements with respect
to which the State was not in compliance; and
``(II) has made, through appropriate
executive or legislative action, an unequivocal
commitment to achieving full compliance with
such applicable requirements within a
reasonable time.
``(2) Of the total amount of funds not allocated for a fiscal year
under paragraph (1)--
``(A) 50 percent of the unallocated funds shall be
reallocated under section 222 to States that have not failed to
comply with the core requirements; and
``(B) 50 percent of the unallocated funds shall be used by
the Administrator to provide additional training and technical
assistance to States for the purpose of promoting compliance
with the core requirements.'';
(3) in subsection (d)--
(A) by striking ``described in paragraphs (11),
(12), (13), and (22) of subsection (a)'' and inserting
``described in the core requirements''; and
(B) by striking ``the requirements under paragraphs
(11), (12), (13), and (22) of subsection (a)'' and
inserting ``the core requirements'';
(4) in subsection (f)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (E)
as subparagraphs (A) through (D), respectively; and
(5) by adding at the end the following:
``(g) Compliance Determination.--
``(1) In general.--For each fiscal year, the Administrator
shall make a determination regarding whether each State
receiving a grant under this title is in compliance or out of
compliance with respect to each of the core requirements.
``(2) Reporting.--The Administrator shall--
``(A) issue an annual public report--
``(i) describing any determination
described in paragraph (1) made during the
previous year, including a summary of the
information on which the determination is based
and the actions to be taken by the
Administrator (including a description of any
reduction imposed under subsection (c)); and
``(ii) for any such determination that a
State is out of compliance with any of the core
requirements, describing the basis for the
determination; and
``(B) make the report described in subparagraph (A)
available on a publicly available website.
``(3) Determinations required.--The Administrator may not--
``(A) determine that a State is `not out of
compliance', or issue any other determination not
described in paragraph (1), with respect to any core
requirement; or
``(B) otherwise fail to make the compliance
determinations required under paragraph (1).''.
SEC. 206. REPEAL OF JUVENILE DELINQUENCY PREVENTION BLOCK GRANT
PROGRAM.
Part C of title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5651 et seq.) is repealed.
SEC. 207. RESEARCH AND EVALUATION; STATISTICAL ANALYSES; INFORMATION
DISSEMINATION.
Section 251 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5661) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``may'' and inserting
``shall'';
(ii) in subparagraph (A), by striking
``plan and identify'' and inserting ``annually
publish a plan to identify''; and
(iii) in subparagraph (B)--
(I) by striking clause (iii) and
inserting the following:
``(iii) successful efforts to prevent status
offenders and first-time minor offenders from
subsequent involvement with the juvenile justice and
criminal justice systems;'';
(II) by striking clause (vii) and
inserting the following:
``(vii) the prevalence and duration of behavioral
health needs (including mental health, substance abuse,
and co-occurring disorders) among juveniles pre-
placement and post-placement in the juvenile justice
system, including an examination of the effects of
secure confinement;'';
(III) by redesignating clauses
(ix), (x), and (xi) as clauses (xvi),
(xvii), and (xviii), respectively; and
(IV) by inserting after clause
(viii) the following:
``(ix) training efforts and reforms that have
produced reductions in or elimination of the use of
dangerous practices;
``(x) methods to improve the recruitment,
selection, training, and retention of professional
personnel who are focused on the prevention,
identification, and treatment of delinquency;
``(xi) methods to improve the identification and
response to victims of domestic child sex trafficking
within the juvenile justice system;
``(xii) identifying positive outcome measures, such
as attainment of employment and educational degrees,
that States and units of local government should use to
evaluate the success of programs aimed at reducing
recidivism of youth who have come in contact with the
juvenile justice system or criminal justice system;
``(xiii) evaluating the impact and outcomes of the
prosecution and sentencing of juveniles as adults;
``(xiv) evaluating the impact of fines, fees, and
other costs assessed by the juvenile justice system on
the long-term disposition of status offenders and other
juveniles;
``(xv) successful and cost-effective efforts by
States and units of local government to reduce
recidivism through policies that provide for
consideration of appropriate alternative sanctions to
incarceration of youth facing nonviolent charges, while
ensuring that public safety is preserved;''; and
(B) in paragraph (4)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``date of enactment
of this paragraph, the'' and inserting
``date of enactment of the Juvenile
Justice Reform Act of 2017, the''; and
(II) by inserting ``in accordance
with relevant confidentiality
requirements'' after ``wards of the
State''; and
(ii) in subparagraph (D), by inserting
``and Indian tribes'' after ``State'';
(iii) in subparagraph (F), by striking
``and'' at the end;
(iv) in subparagraph (G), by striking the
period at the end and inserting a semicolon;
and
(v) by adding at the end the following:
``(H) a description of the best practices in discharge
planning; and
``(I) an assessment of living arrangements for juveniles
who, upon release from confinement in a State correctional
facility, cannot return to the residence they occupied prior to
such confinement.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``may'' and inserting ``shall''; and
(3) by adding at the end the following:
``(f) National Recidivism Measure.--The Administrator, in
accordance with applicable confidentiality requirements and in
consultation with experts in the field of juvenile justice research,
recidivism, and data collection, shall--
``(1) establish a uniform method of data collection and
technology that States may use to evaluate data on juvenile
recidivism on an annual basis;
``(2) establish a common national juvenile recidivism
measurement system; and
``(3) make cumulative juvenile recidivism data that is
collected from States available to the public.''.
SEC. 208. TRAINING AND TECHNICAL ASSISTANCE.
Section 252 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5662) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop
and carry out projects''; and
(ii) by striking ``and'' after the
semicolon;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make
grants to and contracts with''; and
(ii) by striking the period at the end and
inserting ``; and''; and
(D) by adding at the end the following:
``(3) shall provide periodic training for States regarding
implementation of the core requirements, current protocols and
best practices for achieving and monitoring compliance, and
information sharing regarding relevant Office resources on
evidence-based and promising programs or practices that promote
the purposes of this Act.'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``may'';
(B) in paragraph (1)--
(i) by inserting ``shall'' before ``develop
and implement projects'';
(ii) by inserting ``, including compliance
with the core requirements'' after ``this
title''; and
(iii) by striking ``and'' at the end;
(C) in paragraph (2)--
(i) by inserting ``may'' before ``make
grants to and contracts with''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(3) shall provide technical assistance to States and
units of local government on achieving compliance with the
amendments to the core requirements and State Plans made by the
Juvenile Justice Reform Act of 2017, including training and
technical assistance and, when appropriate, pilot or
demonstration projects intended to develop and replicate best
practices for achieving sight and sound separation in
facilities or portions of facilities that are open and
available to the general public and that may or may not contain
a jail or a lock-up; and
``(4) shall provide technical assistance to States in
support of efforts to establish partnerships between a State
and a university, institution of higher education, or research
center designed to improve the recruitment, selection,
training, and retention of professional personnel in the fields
of medicine, law enforcement, the judiciary, juvenile justice,
social work and child protection, education, and other relevant
fields who are engaged in, or intend to work in, the field of
prevention, identification, and treatment of delinquency.'';
(3) in subsection (c)--
(A) by inserting ``prosecutors,'' after ``public
defenders,''; and
(B) by inserting ``status offenders and'' after
``needs of''; and
(4) by adding at the end the following:
``(d) Best Practices Regarding Legal Representation of Children.--
In consultation with experts in the field of juvenile defense, the
Administrator shall--
``(1) share best practices, which may include sharing
standards of practice developed by recognized entities in the
profession, for attorneys representing children; and
``(2) provide a State, if it so requests, technical
assistance to implement any of the best practices shared under
paragraph (1).
``(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--
``(1) to promote methods for improving conditions of
juvenile confinement, including methods that are designed to
minimize the use of dangerous practices, unreasonable
restraints, and isolation and methods responsive to cultural
differences; and
``(2) to encourage alternative behavior management
techniques based on positive youth development approaches,
which may include policies and procedures to train personnel to
be culturally competent.
``(f) Training and Technical Assistance To Support Mental Health or
Substance Abuse Treatment Including Home-Based or Community-Based
Care.--The Administrator shall provide training and technical
assistance, in conjunction with the appropriate public agencies, to
individuals involved in making decisions regarding the disposition and
management of cases for youth who enter the juvenile justice system
about the appropriate services and placement for youth with mental
health or substance abuse needs, including--
``(1) juvenile justice intake personnel;
``(2) probation officers;
``(3) juvenile court judges and court services personnel;
``(4) prosecutors and court-appointed counsel; and
``(5) family members of juveniles and family advocates.
``(g) Training and Technical Assistance to Support Juvenile Court
Judges and Personnel.--The Attorney General, acting through the Office
of Juvenile Justice and Delinquency Prevention and the Office of
Justice Programs, shall provide training and technical assistance, in
conjunction with the appropriate public agencies, to enhance the
capacity of State and local courts, judges, and related judicial
personnel to--
``(1) improve the lives of children currently involved in
or at risk of being involved in the juvenile court system; and
``(2) carry out the requirements of this Act.
``(h) Free and Reduced Price School Lunches for Incarcerated
Juveniles.--The Attorney General, in consultation with the Secretary of
Agriculture, shall provide guidance to States relating to existing
options for school food authorities in the States to apply for
reimbursement for free or reduced price lunches under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.) for
juveniles who are incarcerated and would, if not incarcerated, be
eligible for free or reduced price lunches under that Act.''.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
Section 299 of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5671) is amended--
(1) by striking subsections (b) and (c), and redesignating
subsection (d) as subsection (b);
(2) in subsection (a)--
(A) in the heading, by striking ``(Excluding Parts
C and E)'';
(B) by striking paragraph (1) and inserting the
following:
``(1) There are authorized to be appropriated to carry out this
title--
``(A) $76,125,000 for fiscal year 2018;
``(B) $76,125,000 for fiscal year 2019;
``(C) $77,266,875 for fiscal year 2020;
``(D) $78,425,878 for fiscal year 2021; and
``(E) $79,602,266 for fiscal year 2022.''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph
(A), by striking ``(other than parts C and
E)''; and
(ii) in subparagraph (C), by striking
``part D'' and inserting ``parts D and E''.
SEC. 210. ADMINISTRATIVE AUTHORITY.
Section 299A of the Juvenile Justice and Delinquency Prevention Act
of 1974 (42 U.S.C. 5672) is amended--
(1) in subsection (d)--
(A) by inserting ``(1)'' before ``The
Administrator'';
(B) by striking ``, after appropriate consultation
with representatives of States and units of local
government,'';
(C) by inserting ``guidance,'' after
``regulations,''; and
(D) by adding at the end the following: ``In
developing guidance and procedures, the Administrator
shall consult with representatives of States and units
of local government, including those individuals
responsible for administration of this Act and
compliance with the core requirements.
``(2) The Administrator shall ensure that--
``(A) reporting, compliance reporting, State plan
requirements, and other similar documentation as may be
required from States is requested in a manner that respects
confidentiality, encourages efficiency and reduces the
duplication of reporting efforts; and
``(B) States meeting all the core requirements are
encouraged to experiment with offering innovative, data-driven
programs designed to further improve the juvenile justice
system.''; and
(2) in subsection (e), by striking ``requirements described
in paragraphs (11), (12), and (13) of section 223(a)'' and
inserting ``core requirements''.
TITLE III--INCENTIVE GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS
SEC. 301. SHORT TITLE.
Section 501 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5601 note) is amended--
(1) by inserting ``Youth Promise'' before ``Incentive
Grants''; and
(2) by striking ``2002'' and inserting ``2017''.
SEC. 302. DEFINITIONS.
Section 502 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5781) is amended to read as
follows:
``SEC. 502. DEFINITIONS.
``In this title--
``(1) the term `at-risk' has the meaning given that term in
section 1432 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6472);
``(2) the term `eligible entity' means--
``(A) a unit of local government that is in
compliance with the requirements of part B of title II;
or
``(B) a nonprofit organization in partnership with
a unit of local government described in subparagraph
(A);
``(3) the term `delinquency prevention program' means a
delinquency prevention program that is evidence-based or
promising and that may include--
``(A) alcohol and substance abuse prevention or
treatment services;
``(B) tutoring and remedial education, especially
in reading and mathematics;
``(C) child and adolescent health and mental health
services;
``(D) recreation services;
``(E) leadership and youth development activities;
``(F) the teaching that individuals are and should
be held accountable for their actions;
``(G) assistance in the development of job training
skills;
``(H) youth mentoring programs;
``(I) after-school programs;
``(J) coordination of a continuum of services,
which may include--
``(i) early childhood development services;
``(ii) voluntary home visiting programs;
``(iii) nurse-family partnership programs;
``(iv) parenting skills training;
``(v) child abuse prevention programs;
``(vi) family stabilization programs;
``(vii) child welfare services;
``(viii) family violence intervention
programs;
``(ix) adoption assistance programs;
``(x) emergency, transitional and permanent
housing assistance;
``(xi) job placement and retention
training;
``(xii) summer jobs programs;
``(xiii) alternative school resources for
youth who have dropped out of school or
demonstrate chronic truancy;
``(xiv) conflict resolution skill training;
``(xv) restorative justice programs;
``(xvi) mentoring programs;
``(xvii) targeted gang prevention,
intervention and exit services;
``(xviii) training and education programs
for pregnant teens and teen parents; and
``(xix) pre-release, post-release, and
reentry services to assist detained and
incarcerated youth with transitioning back into
and reentering the community; and
``(K) other data-driven evidence-based or promising
prevention programs;
``(4) the term `local policy board', when used with respect
to an eligible entity, means a policy board that the eligible
entity will engage in the development of the eligible entity's
plan described in section 504(e)(5), and that includes--
``(A) not fewer than 15 and not more than 21
members; and
``(B) a balanced representation of--
``(i) public agencies and private nonprofit
organizations serving juveniles and their
families; and
``(ii) business and industry;
``(C) at least one representative of the faith
community, one adjudicated youth, and one parent of an
adjudicated youth; and
``(D) in the case of an eligible entity described
in paragraph (1)(B), a representative of the nonprofit
organization of the eligible entity;
``(5) the term `mentoring' means matching 1 adult with 1 or
more youths for the purpose of providing guidance, support, and
encouragement through regularly scheduled meetings for not less
than 9 months;
``(6) the term `State advisory group' means the advisory
group appointed by the chief executive officer of a State under
a plan described in section 223(a); and
``(7) the term `State entity' means the State agency
designated under section 223(a)(1) or the entity receiving
funds under section 223(d).''.
SEC. 303. DUTIES AND FUNCTIONS OF THE ADMINISTRATOR.
Section 503 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5782) is amended--
(1) by striking paragraph (1); and
(2) by redesignating paragraphs (2) through (4) as
paragraphs (1) through (3), respectively.
SEC. 304. GRANTS FOR DELINQUENCY PREVENTION PROGRAMS.
Section 504 of the Incentive Grants for Local Delinquency
Prevention Programs Act of 2002 (42 U.S.C. 5781 et seq.) is amended to
read as follows:
``SEC. 504. GRANTS FOR LOCAL DELINQUENCY PREVENTION PROGRAMS.
``(a) Purpose.--The purpose of this section is to enable local
communities to address the unmet needs of at-risk or delinquent youth,
including through a continuum of delinquency prevention programs for
juveniles who have had contact with the juvenile justice system or who
are likely to have contact with the juvenile justice system.
``(b) Program Authorized.--The Administrator shall--
``(1) for each fiscal year for which less than $25,000,000
is appropriated under section 506, award grants to not fewer
than 3 State entities, but not more than 5 State entities, that
apply under subsection (c) and meet the requirements of
subsection (d); or
``(2) for each fiscal year for which $25,000,000 or more is
appropriated under section 506, award grants to not fewer than
5 State entities that apply under subsection (c) and meet the
requirements of subsection (d).
``(c) State Application.--To be eligible to receive a grant under
this section, a State entity shall submit an application to the
Administrator, which includes the following:
``(1) An assurance the State entity will use--
``(A) not more than 10 percent of such grant, in
the aggregate--
``(i) for the costs incurred by the State
entity to carry out this section, except that
not more than 3 percent of such grant may be
used for such costs; and
``(ii) to provide technical assistance to
eligible entities receiving a subgrant under
subsection (e) in carrying out delinquency
prevention programs under the subgrant; and
``(B) the remainder of such grant to award
subgrants to eligible entities under subsection (e).
``(2) An assurance that such grant will supplement, and not
supplant, State and local efforts to prevent juvenile
delinquency.
``(3) An assurance the State entity will evaluate the
capacity of eligible entities receiving a subgrant under
subsection (e) to fulfill the requirements under such
subsection.
``(4) An assurance that such application was prepared after
consultation with, and participation by, the State advisory
group, units of local government, community-based
organizations, and organizations that carry out programs,
projects, or activities to prevent juvenile delinquency in the
local juvenile justice system served by the State entity.
``(d) Approval of State Applications.--In awarding grants under
this section for a fiscal year, the Administrator may not award a grant
to a State entity for a fiscal year unless--
``(1)(A) the State that will be served by the State entity
submitted a plan under section 223 for such fiscal year; and
``(B) such plan is approved by the Administrator for such
fiscal year; or
``(2) after finding good cause for a waiver, the
Administrator waives the plan required under subparagraph (A)
for such State for such fiscal year.
``(e) Subgrant Program.--
``(1) Program authorized.--
``(A) In general.--Each State entity receiving a
grant under this section shall award subgrants to
eligible entities in accordance with this subsection.
``(B) Priority.--In awarding subgrants under this
subsection, the State entity shall give priority to
eligible entities that demonstrate ability in--
``(i) plans for service and agency
coordination and collaboration including the
collocation of services;
``(ii) innovative ways to involve the
private nonprofit and business sector in
delinquency prevention activities;
``(iii) developing data-driven prevention
plans, employing evidence-based prevention
strategies, and conducting program evaluations
to determine impact and effectiveness;
``(iv) identifying under the plan submitted
under paragraph (5) potential savings and
efficiencies associated with successful
implementation of such plan; and
``(v) describing how such savings and
efficiencies may be used to carry out
delinquency prevention programs and be
reinvested in the continuing implementation of
such programs after the end of the subgrant
period.
``(C) Subgrant program period and diversity of
projects.--
``(i) Program period.--A subgrant awarded
to an eligible entity by a State entity under
this section shall be for a period of not more
than 5 years, of which the eligible entity--
``(I) may use not more than 18
months for completing the plan
submitted by the eligible entity under
paragraph (5); and
``(II) shall use the remainder of
the subgrant period, after planning
period described in subclause (I), for
the implementation of such plan.
``(ii) Diversity of projects.--In awarding
subgrants under this subsection, a State entity
shall ensure, to the extent practicable and
applicable, that such subgrants are distributed
throughout different areas, including urban,
suburban, and rural areas.
``(2) Local application.--An eligible entity that desires a
subgrant under this subsection shall submit an application to
the State entity in the State of the eligible entity, at such
time and in such manner as determined by the State entity, and
that includes--
``(A) a description of--
``(i) the local policy board and local
partners the eligible entity will engage in the
development of the plan described in paragraph
(5);
``(ii) the unmet needs of at-risk or
delinquent youth in the community;
``(iii) available resources in the
community to meet the unmet needs identified in
the needs assessment described in paragraph
(5)(A);
``(iv) potential costs to the community if
the unmet needs are not addressed;
``(B) a specific time period for the planning and
subsequent implementation of its continuum of local
delinquency prevention programs;
``(C) the steps the eligible entity will take to
implement the plan under subparagraph (A); and
``(D) a plan to continue the grant activity with
non-Federal funds, if proven successful according to
the performance evaluation process under paragraph
(5)(D), after the grant period.
``(3) Matching requirement.--An eligible entity desiring a
subgrant under this subsection shall agree to provide a 50
percent match of the amount of the subgrant, which may include
the value of in-kind contributions.
``(4) Subgrant review.--
``(A) Review.--Not later than the end of the second
year of a subgrant period for a subgrant awarded to an
eligible entity under this subsection and before
awarding the remaining amount of the subgrant to the
eligible entity, the State entity shall--
``(i) ensure that the eligible entity has
completed the plan submitted under paragraph
(2) and that the plan meets the requirements of
such paragraph; and
``(ii) verify that the eligible entity will
begin the implementation of its plan upon
receiving the next installment of its subgrant
award.
``(B) Termination.--If the State entity finds
through the review conducted under subparagraph (A)
that the eligible entity has not met the requirements
of clause (i) of such subparagraph, the State entity
shall reallocate the amount remaining on the subgrant
of the eligible entity to other eligible entities
receiving a subgrant under this subsection or award the
amount to an eligible entity during the next subgrant
competition under this subsection.
``(5) Local uses of funds.--An eligible entity that
receives a subgrant under this subsection shall use the funds
to implement a plan to carry out delinquency prevention
programs in the community served by the eligible entity in a
coordinated manner with other delinquency prevention programs
or entities serving such community, which includes--
``(A) an analysis of the unmet needs of at-risk or
delinquent youth in the community--
``(i) which shall include--
``(I) the available resources in
the community to meet the unmet needs;
and
``(II) factors present in the
community that may contribute to
delinquency, such as homelessness, food
insecurity, teen pregnancy, youth
unemployment, family instability, lack
of educational opportunity; and
``(ii) may include an estimate--
``(I) for the most recent year for
which reliable data is available, the
amount expended by the community and
other entities for delinquency
adjudication for juveniles and the
incarceration of adult offenders for
offenses committed in such community;
and
``(II) of potential savings and
efficiencies that may be achieved
through the implementation of the plan;
``(B) a minimum 3-year comprehensive strategy to
address the unmet needs and an estimate of the amount
or percentage of non-Federal funds that are available
to carry out the strategy;
``(C) a description of how delinquency prevention
programs under the plan will be coordinated;
``(D) a description of the performance evaluation
process of the delinquency prevention programs to be
implemented under the plan, which shall include
performance measures to assess efforts to address the
unmet needs of youth in the community analyzed under
subparagraph (A);
``(E) the evidence or promising evaluation on which
such delinquency prevention programs are based; and
``(F) if such delinquency prevention programs are
proven successful according to the performance
evaluation process under subparagraph (D), a strategy
to continue such programs after the subgrant period
with non-Federal funds, including a description of how
any estimated savings or efficiencies created by the
implementation of the plan may be used to continue such
programs.''.
SEC. 305. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE
PROGRAMS.
The Incentive Grants for Local Delinquency Prevention Programs Act
of 2002 (42 U.S.C. 5781 et seq.) is amended by redesignating section
505 as section 506 and by inserting after section 504 the following:
``SEC. 505. GRANTS FOR TRIBAL DELINQUENCY PREVENTION AND RESPONSE
PROGRAMS.
``(a) In General.--The Administrator shall make grants under this
section, on a competitive basis, to eligible Indian tribes (or
consortia of Indian tribes) as described in subsection (b)--
``(1) to support and enhance--
``(A) tribal juvenile delinquency prevention
services; and
``(B) the ability of Indian tribes to respond to,
and care for, at-risk or delinquent youth upon release;
and
``(2) to encourage accountability of Indian tribal
governments with respect to preventing juvenile delinquency,
and responding to, and caring for, juvenile offenders.
``(b) Eligible Indian Tribes.--To be eligible to receive a grant
under this section, an Indian tribe or consortium of Indian tribes
shall submit to the Administrator an application in such form as the
Administrator may require.
``(c) Considerations.--In providing grants under this section, the
Administrator shall take into consideration, with respect to the Indian
tribe to be served, the--
``(1) juvenile delinquency rates;
``(2) school dropout rates; and
``(3) number of youth at risk of delinquency.
``(d) Availability of Funds.--Of the amount available for a fiscal
year to carry out this title, 11 percent shall be available to carry
out this section.''.
SEC. 306. AUTHORIZATION OF APPROPRIATIONS.
Section 506, as redesignated by section 305, is amended to read as
follows:
``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $91,857,500 for fiscal year 2018;
``(2) $91,857,500 for fiscal year 2019;
``(3) $93,235,362 for fiscal year 2020;
``(4) $94,633,892 for fiscal year 2021; and
``(5) $96,053,401 for fiscal year 2022.''.
SEC. 307. TECHNICAL AMENDMENT.
Title V of the Juvenile Justice and Delinquency Prevention Act of
1974 as enacted by Public Law 93-415 (88 Stat. 1133) (relating to
miscellaneous and conforming amendments) is repealed.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EVALUATION BY GOVERNMENT ACCOUNTABILITY OFFICE.
(a) Evaluation.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall--
(1) conduct a comprehensive analysis and evaluation
regarding the performance of the Office of Juvenile Justice and
Delinquency Prevention (referred to in this section as ``the
agency''), its functions, its programs, and its grants;
(2) conduct a comprehensive audit and evaluation of a
selected, sample of grantees (as determined by the Comptroller
General) that receive Federal funds under grant programs
administered by the agency including a review of internal
controls (as defined in section 103 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5603), as amended
by this Act) to prevent fraud, waste, and abuse of funds by
grantees; and
(3) submit a report in accordance with subsection (d).
(b) Considerations for Evaluation.--In conducting the analysis and
evaluation under subsection (a)(1), and in order to document the
efficiency and public benefit of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller
General shall take into consideration--
(1) the outcome and results of the programs carried out by
the agency and those programs administered through grants by
the agency;
(2) the extent to which the agency has complied with the
Government Performance and Results Act of 1993 (Public Law 103-
62; 107 Stat. 285);
(3) the extent to which the jurisdiction of, and the
programs administered by, the agency duplicate or conflict with
the jurisdiction and programs of other agencies;
(4) the potential benefits of consolidating programs
administered by the agency with similar or duplicative programs
of other agencies, and the potential for consolidating those
programs;
(5) whether less restrictive or alternative methods exist
to carry out the functions of the agency and whether current
functions or operations are impeded or enhanced by existing
statutes, rules, and procedures;
(6) the number and types of beneficiaries or persons served
by programs carried out by the agency;
(7) the manner with which the agency seeks public input and
input from State and local governments on the performance of
the functions of the agency;
(8) the extent to which the agency complies with section
552 of title 5, United States Code (commonly known as the
Freedom of Information Act);
(9) whether greater oversight is needed of programs
developed with grants made by the agency; and
(10) the extent to which changes are necessary in the
authorizing statutes of the agency in order for the functions
of the agency to be performed in a more efficient and effective
manner.
(c) Considerations for Audits.--In conducting the audit and
evaluation under subsection (a)(2), and in order to document the
efficiency and public benefit of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.), excluding the Runaway
and Homeless Youth Act (42 U.S.C. 5701 et seq.) and the Missing
Children's Assistance Act (42 U.S.C. 5771 et seq.), the Comptroller
General shall take into consideration--
(1) whether grantees timely file Financial Status Reports;
(2) whether grantees have sufficient internal controls to
ensure adequate oversight of grant fund received;
(3) whether disbursements were accompanied with adequate
supporting documentation (including invoices and receipts);
(4) whether expenditures were authorized;
(5) whether subrecipients of grant funds were complying
with program requirements;
(6) whether salaries and fringe benefits of personnel were
adequately supported by documentation;
(7) whether contracts were bid in accordance with program
guidelines; and
(8) whether grant funds were spent in accordance with
program goals and guidelines.
(d) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) submit a report regarding the evaluation
conducted under subsection (a) and audit under
subsection (b), to the Speaker of the House of
Representatives and the President pro tempore of the
Senate; and
(B) make the report described in subparagraph (A)
available to the public.
(2) Contents.--The report submitted in accordance with
paragraph (1) shall include all audit findings determined by
the selected, statistically significant sample of grantees as
required by subsection (a)(2) and shall include the name and
location of any selected grantee as well as any findings
required by subsection (a)(2).
SEC. 402. ACCOUNTABILITY AND OVERSIGHT.
(a) In General.--The Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5601 et seq.) is amended by adding at the end
the following:
``TITLE VI--ACCOUNTABILITY AND OVERSIGHT
``SEC. 601. ACCOUNTABILITY AND OVERSIGHT.
``(a) Sense of Congress.--It is the sense of Congress that, in
order to ensure that at-risk youth, and youth who come into contact
with the juvenile justice system or the criminal justice system, are
treated fairly and that the outcome of that contact is beneficial to
the Nation--
``(1) the Department of Justice, through its Office of
Juvenile Justice and Delinquency Prevention, must restore
meaningful enforcement of the core requirements in title II;
and
``(2) States, which are entrusted with a fiscal stewardship
role if they accept funds under title II must exercise vigilant
oversight to ensure full compliance with the core requirements
for juveniles provided for in title II.
``(b) Accountability.--
``(1) Agency program review.--
``(A) Programmatic and financial assessment.--
``(i) In general.--Not later than 60 days
after the date of enactment of the Juvenile
Justice Reform Act of 2017, the Director of the
Office of Audit, Assessment, and Management of
the Office of Justice Programs at the
Department of Justice (referred to in this
section as the `Director') shall--
``(I) conduct a comprehensive
analysis and evaluation of the internal
controls of the Office of Juvenile
Justice and Delinquency Prevention
(referred to in this section as the
`agency') to determine if States and
Indian tribes receiving grants are
following the requirements of the
agency grant programs and what remedial
action the agency has taken to recover
any grant funds that are expended in
violation of grant programs, including
instances where--
``(aa) supporting
documentation was not provided
for cost reports;
``(bb) unauthorized
expenditures occurred; and
``(cc) subrecipients of
grant funds were not in
compliance with program
requirements;
``(II) conduct a comprehensive
audit and evaluation of a selected
statistically significant sample of
States and Indian tribes (as determined
by the Director) that have received
Federal funds under title II, including
a review of internal controls to
prevent fraud, waste, and abuse of
funds by grantees; and
``(III) submit a report in
accordance with clause (iv).
``(ii) Considerations for evaluations.--In
conducting the analysis and evaluation under
clause (i)(I), and in order to document the
efficiency and public benefit of titles II and
V, the Director shall take into consideration
the extent to which--
``(I) greater oversight is needed
of programs developed with grants made
by the agency;
``(II) changes are necessary in the
authorizing statutes of the agency in
order that the functions of the agency
can be performed in a more efficient
and effective manner; and
``(III) the agency has implemented
recommendations issued by the
Comptroller General or Office of
Inspector General relating to the grant
making and grant monitoring
responsibilities of the agency.
``(iii) Considerations for audits.--In
conducting the audit and evaluation under
clause (i)(II), and in order to document the
efficiency and public benefit of titles II and
V, the Director shall take into consideration--
``(I) whether grantees timely file
Financial Status Reports;
``(II) whether grantees have
sufficient internal controls to ensure
adequate oversight of grant funds
received;
``(III) whether grantees'
assertions of compliance with the core
requirements were accompanied with
adequate supporting documentation;
``(IV) whether expenditures were
authorized;
``(V) whether subrecipients of
grant funds were complying with program
requirements; and
``(VI) whether grant funds were
spent in accordance with the program
goals and guidelines.
``(iv) Report.--The Director shall--
``(I) submit to the Congress a
report outlining the results of the
analysis, evaluation, and audit
conducted under clause (i), including
supporting materials, to the Speaker of
the House of Representatives and the
President pro tempore of the Senate;
and
``(II) shall make such report
available to the public online, not
later than 1 year after the date of
enactment of this section.
``(B) Analysis of internal controls.--
``(i) In general.--Not later than 30 days
after the date of enactment of the Juvenile
Justice Reform Act of 2017, the Administrator
shall initiate a comprehensive analysis and
evaluation of the internal controls of the
agency to determine whether, and to what
extent, States and Indian tribes that receive
grants under titles II and V are following the
requirements of the grant programs authorized
under titles II and V.
``(ii) Report.--Not later than 180 days
after the date of enactment of the Juvenile
Justice Reform Act of 2017, the Administrator
shall submit to Congress a report containing--
``(I) the findings of the analysis
and evaluation conducted under clause
(i);
``(II) a description of remedial
actions, if any, that will be taken by
the Administrator to enhance the
internal controls of the agency and
recoup funds that may have been
expended in violation of law,
regulations, or program requirements
issued under titles II and V; and
``(III) a description of--
``(aa) the analysis
conducted under clause (i);
``(bb) whether the funds
awarded under titles II and V
have been used in accordance
with law, regulations, program
guidance, and applicable plans;
and
``(cc) the extent to which
funds awarded to States and
Indian tribes under titles II
and V enhanced the ability of
grantees to fulfill the core
requirements.
``(C) Report by the attorney general.--Not later
than 180 days after the date of enactment of the
Juvenile Justice Reform Act of 2017, the Attorney
General shall submit to the appropriate committees of
the Congress a report on the estimated amount of
formula grant funds disbursed by the agency since
fiscal year 2010 that did not meet the requirements for
awards of formula grants to States under title II.
``(2) Office of inspector general performance audits.--
``(A) In general.--In order to ensure the effective
and appropriate use of grants administered under this
Act (excluding title III) and to prevent waste, fraud,
and abuse of funds by grantees, the Inspector General
of the Department of Justice shall periodically conduct
audits of grantees that receive grants under this Act
covering each grant recipient at least once every 3
years.
``(B) Public availability on website.--The Attorney
General shall make the summary of each review conducted
under this section available on the website of the
Department of Justice, subject to redaction as the
Attorney General determines necessary to protect
classified and other sensitive information.
``(C) Mandatory exclusion.--A recipient of grant
funds under this Act (excluding titles II and III) that
is found to have an unresolved audit finding shall not
be eligible to receive grant funds under this Act
(excluding title III) during the first 2 fiscal years
beginning after the 12-month period beginning on the
date on which the audit report is issued.
``(D) Priority.--In awarding grants under this Act
(excluding title III), the Administrator shall give
priority to an eligible entity that did not have an
unresolved audit finding during the 3 fiscal years
prior to the date on which the eligible entity submits
an application for the grant involved.
``(E) Reimbursement.--If a grant recipient under
this Act (excluding title III) is awarded such funds
under this Act during the 2-fiscal-year period in which
the recipient is barred from receiving grants under
subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the general fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the general fund under clause (i)
from the grantee that was erroneously awarded
grant funds.
``(F) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General--
``(i) that the audited recipient has used
grant funds for an unauthorized expenditure or
otherwise unallowable cost; and
``(ii) that is not closed or resolved
during the 12-month period beginning on the
date on which the final audit report is issued.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this
Act may be used by the Attorney General, or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this Act, to host
or support any expenditure for conferences that uses
more than $20,000 in funds made available to the
Department of Justice, unless the Deputy Attorney
General or such Assistant Attorney Generals, Directors,
or principal deputies as the Deputy Attorney General
may designate, provides prior written authorization
that the funds may be expended to host a conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audiovisual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on Education
and the Workforce of the House of Representatives on
all conference expenditures approved under this
paragraph.
``(4) Prohibition on lobbying activity.--
``(A) In general.--Amounts authorized to be
appropriated under this Act may not be utilized by any
recipient of a grant made using such amounts--
``(i) to lobby any representative of the
Department of Justice regarding the award of
grant funding; or
``(ii) to lobby any representative of a
Federal, State, local, or tribal government
regarding the award of grant funding.
``(B) Penalty.--If the Attorney General determines
that any recipient of a grant made using amounts
authorized to be appropriated under this Act has
violated subparagraph (A), the Attorney General shall--
``(i) require the recipient to repay the
grant in full; and
``(ii) prohibit the recipient to receive
another grant under this Act for not less than
5 years.
``(C) Clarification.--For purposes of this
paragraph, submitting an application for a grant under
this Act shall not be considered lobbying activity in
violation of subparagraph (A).
``(c) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this Act, the Attorney General
shall compare potential grant awards with other grants awarded
under this Act to determine if duplicate grant awards are
awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on Education and the Workforce of the
House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Attorney General awarded the
duplicative grant.
``(d) Compliance With Auditing Standards.--The Administrator shall
comply with the Generally Accepted Government Auditing Standards,
published by the General Accountability Office (commonly known as the
`Yellow Book'), in the conduct of fiscal, compliance, and programmatic
audits of States.''.
(b) Technical and Conforming Amendment.--
(1) In general.--The Juvenile Justice and Delinquency
Prevention Act of 1974 is amended by striking paragraphs (6)
and (7) of section 407 (42 U.S.C. 5776a).
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the first day of the first fiscal year
that begins after the date of enactment of this Act.
(3) Savings clause.--In the case of an entity that is
barred from receiving grant funds under paragraph (7)(B)(ii) of
section 407 of the Juvenile Justice and Delinquency Prevention
Act of 1974 (42 U.S.C. 5776a), the amendment made by paragraph
(1) of this subsection shall not affect the applicability to
the entity, or to the Attorney General with respect to the
entity, of paragraph (7) of such section 407, as in effect on
the day before the effective date of the amendment made by
paragraph (1).
(c) Authorization of Appropriations.--
(1) Title iii.--Section 388(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U. S. C. 5751(a)) is
amended--
(A) in paragraph (1), by striking ``140,000,000''
and all that follows through ``2013'', and inserting
``101,980,000 for each of the fiscal years 2018 through
2022'' before the period;
(B) in paragraph (3)(B), by striking ``There'' and
all that follows through ``2013'', and inserting ``Of
the amount made available for a fiscal year to carry
out this title, not more than 1 percent may be used to
carry out section 345'' before the period; and
(C) in paragraph (4), by striking ``$25,000,000''
and all that follows through ``2013'', and inserting
``$17,141,000 for each of the fiscal years 2018 through
2022''.
(2) Title iv.--Section 408 of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U. S. C. 5777) is
amended by striking ``2018'' and inserting ``2022''.
Passed the House of Representatives May 23, 2017.
Attest:
Clerk.
115th CONGRESS
1st Session
H. R. 1809
_______________________________________________________________________
AN ACT
To reauthorize and improve the Juvenile Justice and Delinquency
Prevention Act of 1974, and for other purposes.