---
kind: "section"
citation: "34 U.S.C. § 10403"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10403"
heading: "Grant eligibility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10403"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 101 — Justice System Improvement"
  - "Subchapter XVII — Juvenile Accountability Block Grants"
---

# §10403. Grant eligibility

- (a) **State eligibility—** To be eligible to receive a grant under this subchapter, a [State](/usc/34/10410.md?p=3) shall submit to the [Attorney General](/usc/34/10307.md?p=1) an application at such time, in such form, and containing such assurances and information as the [Attorney General](/usc/34/10307.md?p=1) may require by guidelines, including—
  - (1) information about—
    - (A) the activities proposed to be carried out with such grant; and
    - (B) the criteria by which the [State](/usc/34/10410.md?p=3) proposes to assess the effectiveness of such activities on achieving the purposes of this subchapter, including the extent to which [evidence-based](/usc/34/11103.md?p=34) approaches are utilized; and
  - (2) assurances that the [State](/usc/34/10410.md?p=3) and any [unit of local government](/usc/34/10410.md?p=1) to which the [State](/usc/34/10410.md?p=3) provides funding under [section 10404(b) of this title](/usc/34/10404.md?p=b), has in effect (or shall have in effect, not later than 1 year after the date that the [State](/usc/34/10410.md?p=3) submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the [State](/usc/34/10410.md?p=3) submits such application) policies and programs, that provide for a system of [graduated sanctions](/usc/34/11103.md?p=24) described in [subsection (d)](#d).
- (b) **Local eligibility—**
  - (1) **Subgrant eligibility—** To be eligible to receive a subgrant, a [unit of local government](/usc/34/10410.md?p=1), other than a [specially qualified unit](/usc/34/10410.md?p=2), shall provide to the [State](/usc/34/10410.md?p=3)—
    - (A) information about—
      - (i) the activities proposed to be carried out with such subgrant; and
      - (ii) the criteria by which the unit proposes to assess the effectiveness of such activities on achieving the purposes of this subchapter, including the extent to which [evidence-based](/usc/34/11103.md?p=34) approaches are utilized; and
    - (B) such assurances as the [State](/usc/34/10410.md?p=3) shall require, that, to the maximum extent applicable, the [unit of local government](/usc/34/10410.md?p=1) has in effect (or shall have in effect, not later than 1 year after the date that the unit submits such application) laws, or has implemented (or shall implement, not later than 1 year after the date that the unit submits such application) policies and programs, that provide for a system of [graduated sanctions](/usc/34/11103.md?p=24) described in [subsection (d)](#d).
  - (2) **Special rule—** The requirements of [paragraph (1)](#b-1) shall apply to a [specially qualified unit](/usc/34/10410.md?p=2) that receives funds from the [Attorney General](/usc/34/10307.md?p=1) under [section 10404(e) of this title](/usc/34/10404.md?p=e), except that information that is otherwise required to be submitted to the [State](/usc/34/10410.md?p=3) shall be submitted to the [Attorney General](/usc/34/10307.md?p=1).
- (c) **Role of courts—** In the development of the grant application, the [States](/usc/34/10410.md?p=3) and units of local governments shall take into consideration the needs of the judicial branch in strengthening the [juvenile](/usc/34/10410.md?p=4) justice system and specifically seek the advice of the chief of the highest court of the [State](/usc/34/10410.md?p=3) and where appropriate, the chief judge of the local court, with respect to the application.
- (d) **Graduated sanctions—** A system of [graduated sanctions](/usc/34/11103.md?p=24), which may be discretionary as provided in [subsection (e)](#e), shall ensure, at a minimum, that—
  - (1) sanctions are imposed on a [juvenile](/usc/34/10410.md?p=4) offender for each delinquent offense;
  - (2) sanctions escalate in intensity with each subsequent, more serious delinquent offense;
  - (3) there is sufficient flexibility to allow for individualized sanctions and [services](/usc/34/12291.md?p=a-51) suited to the individual [juvenile](/usc/34/10410.md?p=4) offender; and
  - (4) appropriate consideration is given to public safety and victims of crime.
- (e) **Discretionary use of sanctions—**
  - (1) **Voluntary participation—** A [State](/usc/34/10410.md?p=3) or [unit of local government](/usc/34/10410.md?p=1) may be eligible to receive a grant under this subchapter if—
    - (A) its system of [graduated sanctions](/usc/34/11103.md?p=24) is discretionary; and
    - (B) it demonstrates that it has promoted the use of a system of [graduated sanctions](/usc/34/11103.md?p=24) by taking steps to encourage implementation of such a system by [juvenile](/usc/34/10410.md?p=4) [courts](/usc/34/12291.md?p=a-7).
  - (2) **Reporting requirement if graduated sanctions not used—**
    - (A) **Juvenile courts—** A [State](/usc/34/10410.md?p=3) or [unit of local government](/usc/34/10410.md?p=1) in which the imposition of [graduated sanctions](/usc/34/11103.md?p=24) is discretionary shall require each [juvenile](/usc/34/10410.md?p=4) court within its jurisdiction—
      - (i) which has not implemented a system of [graduated sanctions](/usc/34/11103.md?p=24), to submit an annual report that explains why such court did not implement [graduated sanctions](/usc/34/11103.md?p=24); and
      - (ii) which has implemented a system of [graduated sanctions](/usc/34/11103.md?p=24) but has not imposed [graduated sanctions](/usc/34/11103.md?p=24) in all cases, to submit an annual report that explains why such court did not impose [graduated sanctions](/usc/34/11103.md?p=24) in all cases.
    - (B) **Units of local government—** Each [unit of local government](/usc/34/10410.md?p=1), other than a [specially qualified unit](/usc/34/10410.md?p=2), that has 1 or more [juvenile](/usc/34/10410.md?p=4) [courts](/usc/34/12291.md?p=a-7) that use a discretionary system of [graduated sanctions](/usc/34/11103.md?p=24) shall collect the information reported under [subparagraph (A)](#e-2-A) for submission to the [State](/usc/34/10410.md?p=3) each year.
    - (C) **States—** Each [State](/usc/34/10410.md?p=3) and [specially qualified unit](/usc/34/10410.md?p=2) that has 1 or more [juvenile](/usc/34/10410.md?p=4) [courts](/usc/34/12291.md?p=a-7) that use a discretionary system of [graduated sanctions](/usc/34/11103.md?p=24) shall collect the information reported under [subparagraph (A)](#e-2-A) for submission to the [Attorney General](/usc/34/10307.md?p=1) each year. A [State](/usc/34/10410.md?p=3) shall also collect and submit to the [Attorney General](/usc/34/10307.md?p=1) the information collected under [subparagraph (B)](#e-2-B).
- (f) **Definitions—** In this section:
  - (1) **Discretionary—** The term “discretionary” means that a system of [graduated sanctions](/usc/34/11103.md?p=24) is not required to be imposed by each and every [juvenile](/usc/34/10410.md?p=4) court in a [State](/usc/34/10410.md?p=3) or [unit of local government](/usc/34/10410.md?p=1).
  - (2) **Sanctions—** The term “sanctions” means tangible, proportional consequences that hold the [juvenile](/usc/34/10410.md?p=4) offender accountable for the offense committed. A sanction may include counseling, restitution, community service, a fine, supervised probation, or confinement.

## Source credit

(Pub. L. 90–351, title I, § 1802, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1861; amended Pub. L. 109–162, title XI, § 1168(a), formerly § 1168, Jan. 5, 2006, 119 Stat. 3122, renumbered § 1168(a), Pub. L. 109–271, § 8(n)(5)(A), Aug. 12, 2006, 120 Stat. 768.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 3796ee–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Prior Provisions

A prior section 1802 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1820, and classified to former section 3796ee–1 of Title 42, The Public Health and Welfare, related to State applications for grants, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273.

### Amendments

2006—Subsecs. (a)(1)(B), (b)(1)(A)(ii). Pub. L. 109–162, § 1168(a), formerly § 1168, as renumbered by Pub. L. 109–271, inserted “, including the extent to which evidence-based approaches are utilized” after “subchapter”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Pub. L. 109–162, title XI, § 1168(b), as added by Pub. L. 109–271, § 8(n)(5)(B), Aug. 12, 2006, 120 Stat. 768, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2006.”