105TH CONGRESS
1ST SESSION
H. R. 3
AN ACT
To combat violent youth crime and increase
accountability for juvenile criminal offenses.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Juvenile Crime Control
Act of 1997’’.
TITLE I—REFORMING THE FED-
ERAL JUVENILE JUSTICE SYS-
TEM
SEC. 101. DELINQUENCY PROCEEDINGS OR CRIMINAL
PROSECUTIONS IN DISTRICT COURTS.
Section 5032 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5032. Delinquency proceedings or criminal pros-
ecutions in district courts
‘‘(a)(1) A juvenile alleged to have committed an of-
fense against the United States or an act of juvenile delin-
quency may be surrendered to State authorities, but if not
so surrendered, shall be proceeded against as a juvenile
under this subsection or tried as an adult in the cir-
cumstances described in subsections (b) and (c).
‘‘(2) A juvenile may be proceeded against as a juve-
nile in a court of the United States under this subsection
if—
‘‘(A) the alleged offense or act of juvenile delin-
quency is committed within the special maritime and
territorial jurisdiction of the United States and is
one for which the maximum authorized term of im-
prisonment does not exceed 6 months; or
‘‘(B) the Attorney General, after investigation,
certifies to the appropriate United States district
court that—
‘‘(i) the juvenile court or other appropriate
court of a State does not have jurisdiction or
declines to assume jurisdiction over the juvenile
with respect to the alleged act of juvenile delin-
quency, and
‘‘(ii) there is a substantial Federal interest
in the case or the offense to warrant the exer-
cise of Federal jurisdiction.
‘‘(3) If the Attorney General does not so certify or
does not have authority to try such juvenile as an adult,
such juvenile shall be surrendered to the appropriate legal
authorities of such State.
‘‘(4) If a juvenile alleged to have committed an act
of juvenile delinquency is proceeded against as a juvenile
under this section, any proceedings against the juvenile
shall be in an appropriate district court of the United
States. For such purposes, the court may be convened at
any time and place within the district, and shall be open
to the public, except that the court may exclude all or
some members of the public, other than a victim unless
the victim is a witness in the determination of guilt or
innocence, if required by the interests of justice or if other
good cause is shown. The Attorney General shall proceed
by information or as authorized by section 3401(g) of this
title, and no criminal prosecution shall be instituted except
as provided in this chapter.
‘‘(b)(1) Except as provided in paragraph (2), a juve-
nile shall be prosecuted as an adult—
‘‘(A) if the juvenile has requested in writing
upon advice of counsel to be prosecuted as an adult;
or
‘‘(B) if the juvenile is alleged to have committed
an act after the juvenile attains the age of 14 years
which if committed by an adult would be a serious
violent felony or a serious drug offense described in
section 3559(c) of this title, or a conspiracy or at-
tempt to commit that felony or offense, which is
punishable under section 406 of the Controlled Sub-
stances Act (21 U.S.C. 846), or section 1013 of the
Controlled Substances Import and Export Act (21
U.S.C. 963).
‘‘(2) The requirements of paragraph (1) do not apply
if the Attorney General certifies to the appropriate United
States district court that the interests of justice are best
served by proceeding against the juvenile as a juvenile.
‘‘(c)(1) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act after
the juvenile has attained the age of 13 years which if com-
mitted by a juvenile after the juvenile attained the age
of 14 years would require that the juvenile be prosecuted
as an adult under subsection (b), upon approval of the
Attorney General.
‘‘(2) The Attorney General shall not delegate the au-
thority to give the approval required under paragraph (1)
to an officer or employee of the Department of Justice
at a level lower than a Deputy Assistant Attorney General.
‘‘(3) Such approval shall not be granted, with respect
to such a juvenile who is subject to the criminal jurisdic-
tion of an Indian tribal government and who is alleged
to have committed an act over which, if committed by an
adult, there would be Federal jurisdiction based solely on
its commission in Indian country (as defined in section
1151), unless the governing body of the tribe having juris-
diction over the place in which the alleged act was commit-
ted has before such act notified the Attorney General in
writing of its election that prosecution may take place
under this subsection.
‘‘(4) A juvenile may also be prosecuted as an adult
if the juvenile is alleged to have committed an act which
is not described in subsection (b)(1)(B) after the juvenile
has attained the age of 14 years and which if committed
by an adult would be—
‘‘(A) a crime of violence (as defined in sec-
tion 3156(a)(4)) that is a felony;
‘‘(B) an offense described in section 844
(d), (k), or (l), or subsection (a)(6), (b), (g),
(h), (j), (k), or (l) of section 924;
‘‘(C) a violation of section 922(o) that is
an offense under section 924(a)(2);
‘‘(D) a violation of section 5861 of the In-
ternal Revenue Code of 1986 that is an offense
under section 5871 of such Code (26 U.S.C.
5871);
‘‘(E) a conspiracy to commit an offense de-
scribed in any of subparagraphs (A) through
(D); or
‘‘(F) an offense described in section 401 or
408 of the Controlled Substances Act (21
U.S.C. 841, 848) or a conspiracy or attempt to
commit that offense which is punishable under
section 406 of the Controlled Substances Act
(21 U.S.C. 846), or an offense punishable
under section 409 or 419 of the Controlled Sub-
stances Act (21 U.S.C. 849, 860), or an offense
described in section 1002, 1003, 1005, or 1009
of the Controlled Substances Import and Ex-
port Act (21 U.S.C. 952, 953, 955, or 959), or
a conspiracy or attempt to commit that offense
which is punishable under section 1013 of the
Controlled Substances Import and Export Act
(21 U.S.C. 963).
‘‘(d) A determination to approve or not to approve,
or to institute or not to institute, a prosecution under sub-
section (b) or (c), and a determination to file or not to
file, and the contents of, a certification under subsection
(a) or (b) shall not be reviewable in any court.
‘‘(e) In a prosecution under subsection (b) or (c), the
juvenile may be prosecuted and convicted as an adult for
any other offense which is properly joined under the Fed-
eral Rules of Criminal Procedure, and may also be con-
victed of a lesser included offense.
‘‘(f) The Attorney General shall annually report to
Congress—
‘‘(1) the number of juveniles adjudicated delin-
quent or tried as adults in Federal court;
‘‘(2) the race, ethnicity, and gender of those ju-
veniles;
‘‘(3) the number of those juveniles who were
abused or neglected by their families, to the extent
such information is available; and
‘‘(4) the number and types of assault crimes,
such as rapes and beatings, committed against juve-
niles while incarcerated in connection with the adju-
dication or conviction.
‘‘(g) As used in this section—
‘‘(1) the term ‘State’ includes a State of the
United States, the District of Columbia, any com-
monwealth, territory, or possession of the United
States and, with regard to an act of juvenile delin-
quency that would have been a misdemeanor if com-
mitted by an adult, a federally recognized tribe; and
‘‘(2) the term ‘serious violent felony’ has the
same 
meaning 
given 
that 
term 
in 
section
3559(c)(2)(F)(i).’’.
SEC. 102. CUSTODY PRIOR TO APPEARANCE BEFORE JUDI-
CIAL OFFICER.
Section 5033 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5033. Custody prior to appearance before judicial
officer
‘‘(a) Whenever a juvenile is taken into custody, the
arresting officer shall immediately advise such juvenile of
the juvenile’s rights, in language comprehensible to a juve-
nile. The arresting officer shall promptly take reasonable
steps to notify the juvenile’s parents, guardian, or custo-
dian of such custody, of the rights of the juvenile, and
of the nature of the alleged offense.
‘‘(b) The juvenile shall be taken before a judicial offi-
cer without unreasonable delay.’’.
SEC. 103. TECHNICAL AND CONFORMING AMENDMENTS TO
SECTION 5034.
Section 5034 of title 18, United States Code, is
amended—
(1) by striking ‘‘The’’ each place it appears at
the beginning of a paragraph and inserting ‘‘the’’;
(2) by striking ‘‘If’’ at the beginning of the 3rd
paragraph and inserting ‘‘if’’;
(3)(A) by designating the 3 paragraphs as
paragraphs (1), (2), and (3), respectively; and
(B) by moving such designated paragraphs 2
ems to the right; and
(4) by inserting at the beginning of such section
before those paragraphs the following:
‘‘In a proceeding under section 5032(a)—’’.
SEC. 104. DETENTION PRIOR TO DISPOSITION OR SENTENC-
ING.
Section 5035 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5035. Detention prior to disposition or sentencing
‘‘(a)(1) A juvenile who has attained the age of 16
years and who is prosecuted pursuant to subsection (b)
or (c) of section 5032, if detained at any time prior to
sentencing, shall be detained in such suitable place as the
Attorney General may designate. Preference shall be given
to a place located within, or within a reasonable distance
of, the district in which the juvenile is being prosecuted.
‘‘(2) A juvenile less than 16 years of age prosecuted
pursuant to subsection (b) or (c) of section 5032, if de-
tained at any time prior to sentencing, shall be detained
in a suitable juvenile facility located within, or within a
reasonable distance of, the district in which the juvenile
is being prosecuted. If such a facility is not available, such
a juvenile may be detained in any other suitable facility
located within, or within a reasonable distance of, such
district. If no such facility is available, such a juvenile may
be detained in any other suitable place as the Attorney
General may designate.
‘‘(3) To the maximum extent feasible, a juvenile less
than 16 years of age prosecuted pursuant to subsection
(b) or (c) of section 5032 shall not be detained prior to
sentencing in any facility in which the juvenile has regular
contact with adult persons convicted of a crime or await-
ing trial on criminal charges.
‘‘(b) A juvenile proceeded against under section 5032
shall not be detained prior to disposition in any facility
in which the juvenile has regular contact with adult per-
sons convicted of a crime or awaiting trial on criminal
charges.
‘‘(c) Every juvenile who is detained prior to disposi-
tion or sentencing shall be provided with reasonable safety
and security and with adequate food, heat, light, sanitary
facilities, bedding, clothing, recreation, education, and
medical care, including necessary psychiatric, psycho-
logical, or other care and treatment.’’.
SEC. 105. SPEEDY TRIAL.
Section 5036 of title 18, United States Code, is
amended by—
(1) striking ‘‘If an alleged delinquent’’ and in-
serting ‘‘If a juvenile proceeded against under sec-
tion 5032(a)’’;
(2) striking ‘‘thirty’’ and inserting ‘‘45’’; and
(3) striking ‘‘the court,’’ and all that follows
through the end of the section and inserting ‘‘the
court. The periods of exclusion under section
3161(h) of this title shall apply to this section.’’.
SEC. 106. DISPOSITION; AVAILABILITY OF INCREASED DE-
TENTION, FINES AND SUPERVISED RELEASE
FOR JUVENILE OFFENDERS.
(a) DISPOSITION.—Section 5037 of title 18, United
States Code, is amended to read as follows:
‘‘§ 5037. Disposition
‘‘(a) In a proceeding under section 5032(a), if the
court finds a juvenile to be a juvenile delinquent, the court
shall hold a hearing concerning the appropriate disposition
of the juvenile no later than 40 court days after the find-
ing of juvenile delinquency, unless the court has ordered
further study pursuant to subsection (e). A predisposition
report shall be prepared by the probation officer who shall
promptly provide a copy to the juvenile, the juvenile’s
counsel, and the attorney for the Government. Victim im-
pact information shall be included in the report, and vic-
tims, or in appropriate cases their official representatives,
shall be provided the opportunity to make a statement to
the court in person or present any information in relation
to the disposition. After the dispositional hearing, and
after considering the sanctions recommended pursuant to
subsection (f), the court shall impose an appropriate sanc-
tion, including the ordering of restitution pursuant to sec-
tion 3556 of this title. The court may order the juvenile’s
parent, guardian, or custodian to be present at the
dispositional hearing and the imposition of sanctions and
may issue orders directed to such parent, guardian, custo-
dian regarding conduct with respect to the juvenile. With
respect to release or detention pending an appeal or a peti-
tion for a writ of certiorari after disposition, the court
shall proceed pursuant to chapter 207.
‘‘(b) The term for which probation may be ordered
for a juvenile found to be a juvenile delinquent may not
extend beyond the maximum term that would be author-
ized by section 3561(c) if the juvenile had been tried and
convicted as an adult. Sections 3563, 3564, and 3565 are
applicable to an order placing a juvenile on probation.
‘‘(c) The term for which official detention may be or-
dered for a juvenile found to be a juvenile delinquent may
not extend beyond the lesser of—
‘‘(1) the maximum term of imprisonment that
would be authorized if the juvenile had been tried
and convicted as an adult;
‘‘(2) ten years; or
‘‘(3) the date when the juvenile becomes twen-
ty-six years old.
Section 3624 is applicable to an order placing a juvenile
in detention.
‘‘(d) The term for which supervised release may be
ordered for a juvenile found to be a juvenile delinquent
may not extend beyond 5 years. Subsections (c) through
(i) of section 3583 apply to an order placing a juvenile
on supervised release.
‘‘(e) If the court desires more detailed information
concerning a juvenile alleged to have committed an act of
juvenile delinquency or a juvenile adjudicated delinquent,
it may commit the juvenile, after notice and hearing at
which the juvenile is represented by counsel, to the custody
of the Attorney General for observation and study by an
appropriate agency or entity. Such observation and study
shall be conducted on an outpatient basis, unless the court
determines that inpatient observation and study are nec-
essary to obtain the desired information. In the case of
an alleged juvenile delinquent, inpatient study may be or-
dered only with the consent of the juvenile and the juve-
nile’s attorney. The agency or entity shall make a study
of all matters relevant to the alleged or adjudicated delin-
quent behavior and the court’s inquiry. The Attorney Gen-
eral shall submit to the court and the attorneys for the
juvenile and the Government the results of the study with-
in 30 days after the commitment of the juvenile, unless
the court grants additional time. Time spent in custody
under this subsection shall be excluded for purposes of sec-
tion 5036.
‘‘(f)(1) The United States Sentencing Commission, in
consultation with the Attorney General, shall develop a list
of possible sanctions for juveniles adjudicated delinquent.
‘‘(2) Such list shall—
‘‘(A) be comprehensive in nature and encom-
pass punishments of varying levels of severity;
‘‘(B) include terms of confinement; and
‘‘(C) provide punishments that escalate in se-
verity with each additional or subsequent more seri-
ous delinquent conduct.’’.
(b) EFFECTIVE DATE.—The Sentencing Commission
shall develop the list required pursuant to section 5037(f),
as amended by subsection (a), not later than 180 days
after the date of the enactment of this Act.
(c) CONFORMING AMENDMENT TO ADULT SENTENC-
ING SECTION.—Section 3553 of title 18, United States
Code, is amended by adding at the end the following:
‘‘(g) LIMITATION ON APPLICABILITY OF STATUTORY
MINIMUMS
IN CERTAIN PROSECUTIONS
OF PERSONS
UNDER THE AGE OF 16.—Notwithstanding any other pro-
vision of law, in the case of a defendant convicted for con-
duct that occurred before the juvenile attained the age of
16 years, the court shall impose a sentence without regard
to any statutory minimum sentence, if the court finds at
sentencing, after affording the Government an opportunity
to make a recommendation, that the juvenile has not been
previously adjudicated delinquent for or convicted of an
offense described in section 5032(b)(1)(B).’’.
SEC. 107. JUVENILE RECORDS AND FINGERPRINTING.
Section 5038 of title 18, United States Code, is
amended to read as follows:
‘‘§ 5038. Juvenile records and fingerprinting
‘‘(a)(1) Throughout and upon the completion of the
juvenile delinquency proceeding under section 5032(a), the
court shall keep a record relating to the arrest and adju-
dication that is—
‘‘(A) equivalent to the record that would be
kept of an adult arrest and conviction for such an
offense; and
‘‘(B) retained for a period of time that is equal
to the period of time records are kept for adult con-
victions.
‘‘(2) Such records shall be made available for official
purposes, including communications with any victim or, in
the case of a deceased victim, such victim’s representative,
or school officials, and to the public to the same extent
as court records regarding the criminal prosecutions of
adults are available.
‘‘(b) The Attorney General shall establish guidelines
for fingerprinting and photographing a juvenile who is the
subject of any proceeding authorized under this chapter.
Such guidelines shall address the availability of pictures
of any juvenile taken into custody but not prosecuted as
an adult. Fingerprints and photographs of a juvenile who
is prosecuted as an adult shall be made available in the
manner applicable to adult offenders.
‘‘(c) Whenever a juvenile has been adjudicated delin-
quent for an act that, if committed by an adult, would
be a felony or for a violation of section 924(a)(6), the
court shall transmit to the Federal Bureau of Investiga-
tion the information concerning the adjudication, includ-
ing name, date of adjudication, court, offenses, and sen-
tence, along with the notation that the matter was a juve-
nile adjudication.
‘‘(d) In addition to any other authorization under this
section for the reporting, retention, disclosure, or avail-
ability of records or information, if the law of the State
in which a Federal juvenile delinquency proceeding takes
place permits or requires the reporting, retention, disclo-
sure, or availability of records or information relating to
a juvenile or to a juvenile delinquency proceeding or adju-
dication in certain circumstances, then such reporting, re-
tention, disclosure, or availability is permitted under this
section whenever the same circumstances exist.’’.
SEC. 108. TECHNICAL AMENDMENTS OF SECTIONS 5031 AND
5034.
(a) ELIMINATION
OF PRONOUNS.—Sections 5031
and 5034 of title 18, United States Code, are each amend-
ed by striking ‘‘his’’ each place it appears and inserting
‘‘the juvenile’s’’.
(b) UPDATING OF REFERENCE.—Section 5034 of
title 18, United States Code, is amended—
(1) in the heading of such section, by striking
‘‘magistrate’’ and inserting ‘‘judicial officer’’;
and
(2) by striking ‘‘magistrate’’ each place it ap-
pears and inserting ‘‘judicial officer’’.
SEC. 109. CLERICAL AMENDMENTS TO TABLE OF SECTIONS
FOR CHAPTER 403.
The heading and the table of sections at the begin-
ning of chapter 403 of title 18, United States Code, is
amended to read as follows:
‘‘CHAPTER 403—JUVENILE DELINQUENCY
‘‘Sec.
‘‘5031. Definitions.
‘‘5032. Delinquency proceedings or criminal prosecutions in district courts.
‘‘5033. Custody prior to appearance before judicial officer.
‘‘5034. Duties of judicial officer.
‘‘5035. Detention prior to disposition or sentencing.
‘‘5036. Speedy trial.
‘‘5037. Disposition.
‘‘5038. Juvenile records and fingerprinting.
‘‘5039. Commitment.
‘‘5040. Support.
‘‘5041. Repealed.
‘‘5042. Revocation of probation.’’.
TITLE II—APPREHENDING
ARMED VIOLENT YOUTH
SEC. 201. ARMED VIOLENT YOUTH APPREHENSION DIREC-
TIVE.
(a) IN GENERAL.—Not later than 180 days after the
date of the enactment of this Act, the Attorney General
(E) the principle of limited Federal in-
volvement in the prosecution of crimes tradi-
tionally prosecuted in State and local jurisdic-
tions.
(3) Not less frequently than bimonthly, the At-
torney General shall require each United States at-
torney to report to the Department of Justice the
number of youths charged with, or convicted of, vio-
lating section 922(g) or 924 of title 18, United
States Code, in the district for which the United
States attorney is appointed and the number of
youths referred to a State for prosecution for similar
offenses.
(4) Not less frequently than twice annually, the
Attorney General shall submit to the Congress a
compilation of the information received by the De-
partment of Justice pursuant to paragraph (3) and
a report on all waivers granted under subsection (b).
(b) WAIVER AUTHORITY.—
(1) REQUEST FOR WAIVER.—A United States
attorney may request the Attorney General to waive
the requirements of subsection (a) with respect to
the United States attorney.
(2) PROVISION
OF
WAIVER.—The Attorney
General may waive the requirements of subsection
(a) pursuant to a request made under paragraph
(1), in accordance with guidelines which shall be es-
tablished by the Attorney General. In establishing
the guidelines, the Attorney General shall take into
consideration the number of assistant United States
attorneys in the office of the United States attorney
making the request and the level of violent youth
crime committed in the district for which the United
States attorney is appointed.
(c) ARMED VIOLENT YOUTH DEFINED.—As used in
this section, the term ‘‘armed violent youth’’ means a per-
son who has not attained 18 years of age and is accused
of violating—
(1) section 922(g)(1) of title 18, United States
Code, having been previously convicted of—
(A) a violent crime; or
(B) conduct that would have been a violent
crime had the person been an adult; or
(2) section 924 of such title.
(d) SUNSET.—This section shall have no force or ef-
fect after the 5-year period that begins 180 days after the
date of the enactment of this Act.
TITLE 
III—ACCOUNTABILITY
FOR JUVENILE OFFENDERS
AND PUBLIC PROTECTION IN-
CENTIVE GRANTS
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Juvenile Accountabil-
ity Block Grants Act of 1997’’.
SEC. 302. BLOCK 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
eligible units.
‘‘(b) AUTHORIZED ACTIVITIES.—Amounts paid to a
State, a unit of local government, or an eligible unit under
this part shall be used by the State, unit of local govern-
ment, or eligible unit for the purpose of promoting greater
accountability in the juvenile justice system, which in-
cludes—
‘‘(1) building, expanding, renovating, or operat-
ing temporary or permanent juvenile correction or
detention facilities, including training of correctional
personnel;
‘‘(2) developing and administering accountabil-
ity-based sanctions for juvenile offenders;
‘‘(3) hiring additional juvenile judges, probation
officers, and court-appointed defenders, and funding
pre-trial services for juveniles, to ensure the smooth
and expeditious administration of the juvenile justice
system;
‘‘(4) hiring additional prosecutors, so that more
cases involving violent juvenile offenders can be
prosecuted and backlogs reduced;
‘‘(5) providing funding to enable prosecutors to
address drug, gang, and youth violence problems
more effectively;
‘‘(6) providing funding for technology, equip-
ment, and training to assist prosecutors in identify-
ing and expediting the prosecution of violent juvenile
offenders;
‘‘(7) providing funding to enable juvenile courts
and juvenile probation offices to be more effective
and efficient in holding juvenile offenders account-
able and reducing recidivism;
‘‘(8) the establishment of court-based juvenile
justice programs that target young firearms offend-
ers through the establishment of juvenile gun courts
for the adjudication and prosecution of juvenile fire-
arms offenders;
‘‘(9) the establishment of drug court programs
for juveniles so as to provide continuing judicial su-
pervision over juvenile offenders with substance
abuse problems and to provide the integrated admin-
istration of other sanctions and services;
‘‘(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; and
‘‘(11) establishing and maintaining accountabil-
ity-based programs that work with juvenile offenders
who are referred by law enforcement agencies, or
which are designed, in cooperation with law enforce-
ment officials, to protect students and school person-
nel from drug, gang, and youth violence.
‘‘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 will have in effect not later than 1 year
after the date a State submits such application) laws, or
has implemented (or will implement not later than 1 year
after the date a State submits such application) policies
and programs, that—
‘‘(1) ensure that juveniles who commit an act
after attaining 15 years of age that would be a seri-
ous violent crime if committed by an adult are treat-
ed as adults for purposes of prosecution as a matter
of law, or that the prosecutor has the authority to
determine whether or not to prosecute such juveniles
as adults;
‘‘(2) impose sanctions on juvenile offenders for
every delinquent or criminal act, or violation of pro-
bation, ensuring that such sanctions escalate in se-
verity with each subsequent, more serious delinquent
or criminal act, or violation of probation, including
such accountability-based sanctions as—
‘‘(A) restitution;
‘‘(B) community service;
‘‘(C) punishment imposed by community
accountability councils comprised of individuals
from the offender’s and victim’s communities;
‘‘(D) fines; and
‘‘(E) short-term confinement;
‘‘(3) establish at a minimum a system of
records relating to any adjudication of a juvenile
who has a prior delinquency adjudication and who is
adjudicated delinquent for conduct that if committed
by an adult would constitute a felony under Federal
or State law which is a system equivalent to that
maintained for adults who commit felonies under
Federal or State law; and
‘‘(4) ensure that State law does not prevent a
juvenile court judge from issuing a court order
against a parent, guardian, or custodian of a juve-
nile offender regarding the supervision of such an
offender and from imposing sanctions for a violation
of such an order.
‘‘(b) LOCAL ELIGIBILITY.—
‘‘(1) SUBGRANT ELIGIBILITY.—To be eligible to
receive a subgrant, a unit of local government shall
provide such assurances to the State as the State
shall require, that, to the maximum extent applica-
ble, the unit of local government has laws or policies
and programs which—
‘‘(A) ensure that juveniles who commit an
act after attaining 15 years of age that would
be a serious violent crime if committed by an
adult are treated as adults for purposes of pros-
ecution as a matter of law, or that the prosecu-
tor has the authority to determine whether or
not to prosecute such juveniles as adults;
‘‘(B) impose a sanction for every delin-
quent or criminal act, or violation of probation,
ensuring that such sanctions escalate in severity
with each subsequent, more serious delinquent
or criminal act, or violation of probation; and
‘‘(C) ensure that there is a system of
records relating to any adjudication of a juve-
nile who is adjudicated delinquent for conduct
that if committed by an adult would constitute
a felony under Federal or State law which is a
system equivalent to that maintained for adults
who commit felonies under Federal or State
law.
‘‘(2) SPECIAL
RULE.—The requirements of
paragraph (1) shall apply to an eligible unit that re-
the Attorney General shall reduce payments under
paragraph (1)(A) for such payment period to the ex-
tent of such insufficiency. Reductions under the pre-
ceding sentence shall be allocated among the States
(other than States whose payment is determined
under paragraph (2)) in the same proportions as
amounts would be allocated under paragraph (1)
without regard to paragraph (2).
‘‘(3) 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.
‘‘(b) LOCAL DISTRIBUTION.—
‘‘(1) IN GENERAL.—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
distribution 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) two-thirds; multiplied by
‘‘(II) the average law enforcement ex-
penditure for such unit of local government
for the 3 most recent calendar years for
which such data is available; plus
‘‘(ii) the product of—
‘‘(I) one-third; multiplied by
‘‘(II) the average annual number of
part 1 violent crimes in such unit of local
government for the 3 most recent 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 govern-
ment 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 expenditure 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 expenditure 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 ELIGIBLE 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 eligible units
which meet the requirements for funding under sub-
section (b).
‘‘(2) AWARD BASIS.—In addition to the quali-
fication requirements for direct grants for eligible
units the Attorney General may use the average
amount allocated by the States to like governmental
units as a basis for awarding grants under this sec-
tion.
‘‘SEC. 1804. REGULATIONS.
‘‘The Attorney General shall issue regulations estab-
lishing procedures under which an eligible State or unit
of local government that receives funds under section 1803
is required to provide notice to the Attorney General re-
garding the proposed use of funds made available under
this part.
‘‘SEC. 1805. PAYMENT REQUIREMENTS.
‘‘(a) TIMING OF PAYMENTS.—The Attorney General
shall pay each State or unit of local government that re-
ceives funds under section 1803 that has submitted an ap-
plication under this part not later than—
‘‘(1) 180 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
appropriated under this part, a State shall repay to
the Attorney General, by not later than 27 months
after receipt of funds from the Attorney General,
any amount that is not expended by the State within
2 years after receipt of such funds from the Attor-
ney 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.
‘‘(c) ADMINISTRATIVE COSTS.—A State, unit of local
government or eligible unit that receives funds under this