I
106TH CONGRESS
1ST SESSION
H. R. 1501
To provide grants to ensure increased accountability for juvenile offenders.
IN THE HOUSE OF REPRESENTATIVES
APRIL 21, 1999
Mr. MCCOLLUM (for himself, Mr. SCOTT, Mr. HYDE, Mr. CONYERS, Mr.
CHABOT, Mr. BARR of Georgia, Mr. GEKAS, Mr. COBLE, Mr. SMITH of
Texas, Mr. CANADY of Florida, Mr. HUTCHINSON, Mr. MEEHAN, Mr.
ROTHMAN, Mr. WEINER, Ms. JACKSON-LEE of Texas, Mr. WATT of
North Carolina, Mr. DELAHUNT, Mr. WEXLER, and Ms. LOFGREN) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To provide grants to ensure increased accountability for
juvenile offenders.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Consequences for Juve-
nile Offenders Act of 1999’’.
SEC. 2. GRANT PROGRAM.
(a) IN GENERAL.—Part R of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796 et seq.) is amended to read as follows:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK
GRANTS
‘‘SEC. 1801. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Attorney General is author-
ized to provide grants to States, for use by States and
units of local government, and in certain cases directly to
specially qualified units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a
State or a unit of local government under this part shall
be used by the State or unit of local government for the
purpose of strengthening the juvenile justice system,
which includes—
‘‘(1) developing, implementing, and admin-
istering graduated sanctions for juvenile offenders;
‘‘(2) building, expanding, renovating, or oper-
ating temporary or permanent juvenile correction,
detention, or community corrections facilities;
‘‘(3) hiring juvenile court judges, probation offi-
cers, and court-appointed defenders and special ad-
vocates, and funding pretrial services for juvenile of-
‘‘(10) establishing and maintaining interagency
information-sharing programs that enable the juve-
nile and criminal justice system, schools, and social
services agencies to make more informed decisions
regarding the early identification, control, super-
vision, and treatment of juveniles who repeatedly
commit serious delinquent or criminal acts;
‘‘(11) establishing and maintaining account-
ability-based programs designed to reduce recidivism
among juveniles who are referred by law enforce-
ment personnel or agencies.
‘‘(12) establishing and maintaining programs to
conduct risk and need assessments of juvenile of-
fenders that facilitate the effective early intervention
and the provision of comprehensive services, includ-
ing mental health screening and treatment and sub-
stance abuse testing and treatment to such offend-
ers; and
‘‘(13) establishing and maintaining account-
ability-based programs that are designed to enhance
school safety.
‘‘SEC. 1802. GRANT ELIGIBILITY.
‘‘(a) STATE ELIGIBILITY.—To be eligible to receive
a grant under this section, a State shall submit to the
Attorney General an application at such time, in such
form, and containing such assurances and information as
the Attorney General may require by rule, including assur-
ances that the State and any unit of local government to
which the State provides funding under section 1803(b),
has in effect (or shall have in effect, not later than 1 year
after the date that the State submits such application)
laws, or has implemented (or shall implement, not later
than 1 year after the date that the State submits such
application) policies and programs, that provide for a sys-
tem of graduated sanctions described in subsection (c).
‘‘(b) LOCAL ELIGIBILITY.—
‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to
receive a subgrant, a unit of local government, other
than a specially qualified unit, shall provide such as-
surances to the State as the State shall require,
that, to the maximum extent applicable, the unit of
local government has in effect (or shall have in ef-
fect, not later than 1 year after the date that the
unit submits such application) laws, or has imple-
mented (or shall implement, not later than 1 year
after the date that the unit submits such applica-
tion) policies and programs, that provide for a sys-
tem of graduated sanctions described in subsection
(c).
‘‘(2) SPECIAL
RULE.—The requirements of
paragraph (1) shall apply to a specially qualified
unit that receives funds from the Attorney General
under section 1803(e), except that information that
is otherwise required to be submitted to the State
shall be submitted to the Attorney General.
‘‘(c) GRADUATED SANCTIONS.—A system of grad-
uated sanctions, which may be discretionary as provided
in subsection (d), shall ensure, at a minimum, that—
‘‘(1) sanctions are imposed on juvenile offend-
ers for every offense;
‘‘(2) sanctions escalate in intensity with each
subsequent, more serious delinquent or criminal of-
fense;
‘‘(3) there is sufficient flexibility to allow for in-
dividualized sanctions and services suited to the indi-
vidual juvenile offender; and
‘‘(4) appropriate consideration is given to public
safety and victims of crime.
‘‘(d) DISCRETIONARY USE OF SANCTIONS.—
‘‘(1) VOLUNTARY PARTICIPATION.—A State or
unit of local government may be eligible to receive
a grant under this part if—
‘‘(A) its system of graduated sanctions is
discretionary; and
‘‘(B) it demonstrates that it has promoted
the use of a system of graduated sanctions by
taking steps to encourage implementation of
such a system by juvenile courts.
‘‘(2) REPORTING REQUIREMENT IF GRADUATED
SANCTIONS NOT USED.—
‘‘(A) JUVENILE COURTS.—A State or unit
of local government in which the imposition of
graduated sanctions is discretionary shall re-
quire 
each 
juvenile 
court 
within 
its
jurisdiction—
‘‘(i) which has not implemented a sys-
tem of graduated sanctions, to submit an
annual report that explains why such court
did not implement graduated sanctions;
and
‘‘(ii) which has implemented a system
of graduated sanctions but has not im-
posed graduated sanctions in 1 or more
specific cases, to submit an annual report
that explains why such court did not im-
pose graduated sanctions in each such
case.
‘‘(B) UNITS
OF
LOCAL
GOVERNMENT.—
Each unit of local government, other than a
specially qualified unit, that has 1 or more juve-
nile courts that use a discretionary system of
graduated sanctions shall collect the informa-
tion reported under subparagraph (A) for sub-
mission to the State each year.
‘‘(C) STATES.—Each State and specially
qualified unit that has 1 or more juvenile courts
that use a discretionary system of graduated
sanctions shall collect the information reported
under subparagraph (A) for submission to the
Attorney General each year. A State shall also
collect and submit to the Attorney General the
information collected under subparagraph (B).
‘‘(e) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘discretionary’ means that a sys-
tem of graduated sanctions is not required to be im-
posed by each and every juvenile court in a State or
unit of local government.
‘‘(2) The term ‘sanctions’ means tangible, pro-
portional consequences that hold the juvenile of-
fender accountable for the offense committed. A
sanction may include counseling, restitution, commu-
nity service, a fine, supervised probation, or confine-
ment.
‘‘SEC. 1803. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE ALLOCATION.—
‘‘(1) IN GENERAL.—In accordance with regula-
tions promulgated pursuant to this part and except
as provided in paragraph (3), the Attorney General
shall allocate—
‘‘(A) 0.25 percent for each State; and
‘‘(B) of the total funds remaining after the
allocation under subparagraph (A), to each
State, an amount which bears the same ratio to
the amount of remaining funds described in this
subparagraph as the population of people under
the age of 18 living in such State for the most
recent calendar year in which such data is
available bears to the population of people
under the age of 18 of all the States for such
fiscal year.
‘‘(2) PROHIBITION.—No funds allocated to a
State under this subsection or received by a State
for distribution under subsection (b) may be distrib-
uted by the Attorney General or by the State in-
volved for any program other than a program con-
tained in an approved application.
‘‘(3) INCREASE FOR STATE RESERVE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a State demonstrates and certifies
to the Attorney General that the State’s law en-
forcement expenditures in the fiscal year pre-
ceding the date in which an application is sub-
mitted under this part is more than 25 percent
of the aggregate amount of law enforcement ex-
penditures by the State and its eligible units of
local government, the percentage referred to in
paragraph (1)(A) shall equal the percentage de-
termined by dividing the State’s law enforce-
ment expenditures by such aggregate.
‘‘(B) LAW ENFORCEMENT EXPENDITURES
OVER 50 PERCENT.—If the law enforcement ex-
penditures of a State exceed 50 percent of the
aggregate amount described in subparagraph
(A), the Attorney General shall consult with as
many units of local government in such State
as practicable regarding the State’s proposed
uses of funds.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—Except as provided in sub-
section (a)(3), each State which receives funds under
subsection (a)(1) in a fiscal year shall distribute not
less than 75 percent of such amounts received
among units of local government, for the purposes
specified in section 1801. In making such distribu-
tion the State shall allocate to such units of local
government an amount which bears the same ratio
to the aggregate amount of such funds as—
‘‘(A) the sum of—
‘‘(i) the product of—
‘‘(I) three-quarters; multiplied by
‘‘(II) the average law enforce-
ment expenditure for such unit of
local government for the 3 most re-
cent calendar years for which such
data is available; plus
‘‘(ii) the product of—
‘‘(I) one-quarter; multiplied by
‘‘(II) the average annual number
of part 1 violent crimes in such unit
of local government for the 3 most re-
cent calendar years for which such
data is available, bears to—
‘‘(B) the sum of the products determined
under subparagraph (A) for all such units of
local government in the State.
‘‘(2) EXPENDITURES.—The allocation any unit
of local government shall receive under paragraph
(1) for a payment period shall not exceed 100 per-
cent of law enforcement expenditures of the unit for
such payment period.
‘‘(3) REALLOCATION.—The amount of any unit
of local government’s allocation that is not available
to such unit by operation of paragraph (2) shall be
available to other units of local government that are
not affected by such operation in accordance with
this subsection.
‘‘(c) UNAVAILABILITY
OF DATA
FOR UNITS
OF
LOCAL GOVERNMENT.—If the State has reason to believe
that the reported rate of part 1 violent crimes or law en-
forcement expenditures for a unit of local government is
insufficient or inaccurate, the State shall—
‘‘(1) investigate the methodology used by the
unit to determine the accuracy of the submitted
data; and
‘‘(2) if necessary, use the best available com-
parable data regarding the number of violent crimes
or law enforcement expenditures for the relevant
years for the unit of local government.
‘‘(d) LOCAL GOVERNMENT WITH ALLOCATIONS LESS
THAN $5,000.—If under this section a unit of local gov-
ernment is allocated less than $5,000 for a payment pe-
riod, the amount allotted shall be expended by the State
on services to units of local government whose allotment
is less than such amount in a manner consistent with this
part.
‘‘(e) DIRECT GRANTS
TO SPECIALLY QUALIFIED
UNITS.—
‘‘(1) IN GENERAL.—If a State does not qualify
or apply for funds reserved for allocation under sub-
section (a) by the application deadline established by
the Attorney General, the Attorney General shall re-
serve not more than 75 percent of the allocation that
the State would have received under subsection (a)
for such fiscal year to provide grants to specially
qualified units which meet the requirements for
funding under section 1802.
‘‘(2) AWARD BASIS.—In addition to the quali-
fication requirements for direct grants for specially
qualified units the Attorney General may use the av-
erage amount allocated by the States to units of
local government as a basis for awarding grants
under this section.
‘‘SEC. 1804. REGULATIONS.
‘‘(a) IN GENERAL.—The Attorney General shall issue
regulations establishing procedures under which a State
or unit of local government that receives funds under sec-
tion 1803 is required to provide notice to the Attorney
General regarding the proposed use of funds made avail-
able under this part.
‘‘(b) ADVISORY BOARD.—The regulations referred to
in subsection (a) shall include a requirement that such eli-
gible State or unit of local government establish and con-
vene an advisory board to review the proposed uses of such
funds. The board shall include representation from, if
appropriate—
‘‘(1) the State or local police department;
‘‘(2) the local sheriff’s department;
‘‘(3) the State or local prosecutor’s office;
‘‘(4) the State or local juvenile court;
‘‘(5) the State or local probation officer;
‘‘(6) the State or local educational agency;
‘‘(7) a State or local social service agency; and
‘‘(8) a nonprofit, religious, or community group.
‘‘SEC. 1805. PAYMENT REQUIREMENTS.
‘‘(a) TIMING OF PAYMENTS.—The Attorney General
shall pay to each State or unit of local government that
receives funds under section 1803 that has submitted an
application under this part not later than—
‘‘(1) 90 days after the date that the amount is
available, or
‘‘(2) the first day of the payment period if the
State has provided the Attorney General with the as-
surances required by subsection (c),
whichever is later.
‘‘(b) REPAYMENT OF UNEXPENDED AMOUNTS.—
‘‘(1) REPAYMENT REQUIRED.—From amounts
awarded under this part, a State or specially quali-
fied unit shall repay to the Attorney General, or a
unit of local government shall repay to the State by
not later than 27 months after receipt of funds from
the Attorney General, any amount that is not ex-
pended by the State within 2 years after receipt of
such funds from the Attorney General.
‘‘(2) PENALTY FOR FAILURE TO REPAY.—If the
amount required to be repaid is not repaid, the At-
torney General shall reduce payment in future pay-
ment periods accordingly.
‘‘(3) DEPOSIT OF AMOUNTS REPAID.—Amounts
received by the Attorney General as repayments
under this subsection shall be deposited in a des-
ignated fund for future payments to States and spe-
cially qualified units.
‘‘(c) ADMINISTRATIVE COSTS.—A State or unit of
local government that receives funds under this part may
use not more than 5 percent of such funds to pay for ad-
ministrative costs.
‘‘(d) 
NONSUPPLANTING
REQUIREMENT.—Funds
made available under this part to States and units of local
government shall not be used to supplant State or local
funds as the case may be, but shall be used to increase
the amount of funds that would, in the absence of funds
made available under this part, be made available from
State or local sources, as the case may be.
‘‘(e) MATCHING FUNDS.—The Federal share of a
grant received under this part may not exceed 90 percent
of the costs of a program or proposal funded under this
part.
‘‘SEC. 1806. UTILIZATION OF PRIVATE SECTOR.
‘‘Funds or a portion of funds allocated under this
part may be utilized to contract with private, nonprofit
entities, or community-based organizations to carry out
the purposes specified under section 1801(a)(2).
‘‘SEC. 1807. ADMINISTRATIVE PROVISIONS.
‘‘(a) IN GENERAL.—A State or specially qualified
unit that receives funds under this part shall—
‘‘(1) establish a trust fund in which the govern-
ment will deposit all payments received under this
part;
‘‘(2) use amounts in the trust fund (including
interest) during a period not to exceed 2 years from
the date the first grant payment is made to the
State or specially qualified unit;
‘‘(3) designate an official of the State or spe-
cially qualified unit to submit reports as the Attor-
ney General reasonably requires, in addition to the
annual reports required under this part; and
‘‘(4) spend the funds only for the purposes
under section 1801(b).
‘‘(b) TITLE I PROVISIONS.—Except as otherwise pro-
vided, the administrative provisions of part H shall apply
to this part and for purposes of this section any reference
in such provisions to title I shall be deemed to include
a reference to this part.
‘‘SEC. 1808. DEFINITIONS.
‘‘For purposes of this part:
‘‘(1) The term ‘unit of local government’
means—
‘‘(A) a county, township, city, or political
subdivision of a county, township, or city, that
is a unit of local government as determined by
the Secretary of Commerce for general statis-
tical purposes; and
‘‘(B) the District of Columbia and the rec-
ognized governing body of an Indian tribe or
Alaskan Native village that carries out substan-
tial governmental duties and powers.
‘‘(2) The term ‘specially qualified unit’ means a
unit of local government which may receive funds
under this part only in accordance with section
1803(e).
‘‘(3) The term ‘State’ means any State of the
United States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Amer-
ican Samoa, Guam, and the Northern Mariana Is-
lands, except that American Samoa, Guam, and the
Northern Mariana Islands shall be considered as 1
State and that, for purposes of section 1803(a), 33
percent of the amounts allocated shall be allocated
to American Samoa, 50 percent to Guam, and 17
percent to the Northern Mariana Islands.
‘‘(4) The term ‘juvenile’ means an individual
who is 17 years of age or younger.
‘‘(5) The term ‘law enforcement expenditures’
means the expenditures associated with prosecu-
torial, legal, and judicial services, and corrections as
reported to the Bureau of the Census for the fiscal
year preceding the fiscal year for which a determina-
tion is made under this part.
‘‘(6) The term ‘part 1 violent crimes’ means
murder and nonnegligent manslaughter, forcible
rape, robbery, and aggravated assault as reported to
the Federal Bureau of Investigation for purposes of
the Uniform Crime Reports.
‘‘SEC. 1809. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this part—
‘‘(1) $500,000,000 for fiscal year 2000;
‘‘(2) $500,000,000 for fiscal year 2001; and
‘‘(3) $500,000,000 for fiscal year 2002.
‘‘(b) OVERSIGHT ACCOUNTABILITY
AND ADMINIS-
TRATION.—Not more than 3 percent of the amount au-
thorized to be appropriated under subsection (a), with
such amounts to remain available until expended, for each
of the fiscal years 2000 through 2002 shall be available
to the Attorney General for evaluation and research re-
garding the overall effectiveness and efficiency of the pro-
visions of this part, assuring compliance with the provi-
sions of this part, and for administrative costs to carry
out the purposes of this part. The Attorney General shall
establish and execute an oversight plan for monitoring the
activities of grant recipients.
‘‘(c) FUNDING SOURCE.—Appropriations for activi-
ties authorized in this part may be made from the Violent
Crime Reduction Trust Fund.’’.
(b) CLERICAL AMENDMENTS.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 is amended by striking the item relating to
part R and inserting the following:
‘‘PART R—JUVENILE ACCOUNTABILITY BLOCK GRANTS
‘‘Sec. 1801. Program authorized.
‘‘Sec. 1802. Grant eligibility.
‘‘Sec. 1803. Allocation and distribution of funds.
‘‘Sec. 1804. Regulations.
‘‘Sec. 1805. Payment requirements.
‘‘Sec. 1806. Utilization of private sector.
‘‘Sec. 1807. Administrative provisions.
‘‘Sec. 1808. Definitions.
‘‘Sec. 1809. Authorization of appropriations.’’.
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