34 USC 10156 - Formula

U.S Code last checked for updates: Nov 22, 2024

§ 10156.

Formula

(a)

Allocation among States

(1)

In general

Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate—

(A)

50 percent of such remaining amount to each State in amounts that bear the same ratio of—

(i)

the total population of a State to—

(ii)

the total population of the United States; and

(B)

50 percent of such remaining amount to each State in amounts that bear the same ratio of—

(i)

the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to—

(ii)

the average annual number of such crimes reported by all States for such years.

(2)

Minimum allocation

If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a “minimum allocation State”), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead—

(A)

allocate 0.25 percent of the total amount to each State; and

(B)

using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State.

(b)

Allocation between States and units of local government

Of the amounts allocated under subsection (a)—

(1)

60 percent shall be for direct grants to States, to be allocated under subsection (c); and

(2)

40 percent shall be for grants to be allocated under subsection (d).

(c)

Allocation for State governments

(1)

In general

Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described in section 10152 of this title an amount that bears the same ratio of—

(A)

total expenditures on criminal justice by the State government in the most recently completed fiscal year to—

(B)

the total expenditure on criminal justice by the State government and units of local government within the State in such year.

(2)

Remaining amounts

(d)

Allocations to local governments

(1)

In general

(2)

Allocation

(A)

In general

(B)

Transitional rule

(3)

Annexed units

(4)

Resolution of disparate allocations

(A)

Notwithstanding any other provision of this part, if—

(i)

the Attorney General certifies that a unit of local government bears more than 50 percent of the costs of prosecution or incarceration that arise with respect to part 1 violent crimes reported by a specified geographically constituent unit of local government; and

(ii)

but for this paragraph, the amount of funds allocated under this section to—

(I)

any one such specified geographically constituent unit of local government exceeds 150 percent of the amount allocated to the unit of local government certified pursuant to clause (i); or

(II)

more than one such specified geographically constituent unit of local government exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (i),

then in order to qualify for payment under this subsection, the unit of local government certified pursuant to clause (i), together with any such specified geographically constituent units of local government described in clause (ii), shall submit to the Attorney General a joint application for the aggregate of funds allocated to such units of local government. Such application shall specify the amount of such funds that are to be distributed to each of the units of local government and the purposes for which such funds are to be used. The units of local government involved may establish a joint local advisory board for the purposes of carrying out this paragraph.

(B)

In this paragraph, the term “geographically constituent unit of local government” means a unit of local government that has jurisdiction over areas located within the boundaries of an area over which a unit of local government certified pursuant to clause (i) has jurisdiction.

(e)

Limitation on allocations to units of local government

(1)

Maximum allocation

(2)

Allocations under $10,000

(3)

Non-reporting units

(f)

Funds not used by the State

(g)

Special rules for Puerto Rico

(1)

All funds set aside for Commonwealth government

(2)

No local allocations

(h)

Units of local government in Louisiana

(i)

Part 1 violent crimes to include human trafficking

(Pub. L. 90–351, title I, § 505, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097; amended Pub. L. 114–22, title I, § 107, May 29, 2015, 129 Stat. 238.)

cite as: 34 USC 10156