34 U.S.C. § 10156

(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

section 10152 of this titleOf the amounts allocated under subsection (b)(1), each State may retain for the purposes described in 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

section 10152 of this titleExcept as provided in subsection (e)(1), any amounts remaining after the allocation required by paragraph (1) shall be made available to units of local government by the State for the purposes described in .

(d)

Allocations to local governments

(1)

In general

section 10152 of this titleOf the amounts allocated under subsection (b)(2), grants for the purposes described in shall be made directly to units of local government within each State in accordance with this subsection, subject to subsection (e).

(2)

Allocation

(A)

In general

From the amounts referred to in paragraph (1) with respect to a State (in this subsection referred to as the “local amount”), the Attorney General shall allocate to each unit of local government an amount which bears the same ratio to such share as the average annual number of part 1 violent crimes reported by such unit to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available bears to the number of part 1 violent crimes reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for such years.

(B)

Transitional rule

January 5, 2006Notwithstanding subparagraph (A), for fiscal years 2006, 2007, and 2008, the Attorney General shall allocate the local amount to units of local government in the same manner that, under the Local Government Law Enforcement Block Grants program in effect immediately before , the reserved amount was allocated among reporting and nonreporting units of local government.

(3)

Annexed units

If a unit of local government in the State has been annexed since the date of the collection of the data used by the Attorney General in making allocations pursuant to this section, the Attorney General shall pay the amount that would have been allocated to such unit of local government to the unit of local government that annexed it.

(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

No unit of local government shall receive a total allocation under this section that exceeds such unit’s total expenditures on criminal justice services for the most recently completed fiscal year for which data are available. Any amount in excess of such total expenditures shall be allocated proportionally among units of local government whose allocations under this section do not exceed their total expenditures on such services.

(2)

Allocations under $10,000

section 10152 of this titleIf the allocation under this section to a unit of local government is less than $10,000 for any fiscal year, the direct grant to the State under subsection (c) shall be increased by the amount of such allocation, to be distributed (for the purposes described in ) among State police departments that provide criminal justice services to units of local government and units of local government whose allocation under this section is less than $10,000.

(3)

Non-reporting units

No allocation under this section shall be made to a unit of local government that has not reported at least three years of data on part 1 violent crimes of the Uniform Crime Reports to the Federal Bureau of Investigation within the immediately preceding 10 years.

(f)

Funds not used by the State

If the Attorney General determines, on the basis of information available during any grant period, that any allocation (or portion thereof) under this section to a State for such grant period will not be required, or that a State will be unable to qualify or receive funds under this part, or that a State chooses not to participate in the program established under this part, then such State’s allocation (or portion thereof) shall be awarded by the Attorney General to units of local government, or combinations thereof, within such State, giving priority to those jurisdictions with the highest annual number of part 1 violent crimes of the Uniform Crime Reports reported by the unit of local government to the Federal Bureau of Investigation for the three most recent calendar years for which such data are available.

(g)

Special rules for Puerto Rico

(1)

All funds set aside for Commonwealth government

Notwithstanding any other provision of this part, the amounts allocated under subsection (a) to Puerto Rico, 100 percent shall be for direct grants to the Commonwealth government of Puerto Rico.

(2)

No local allocations

Subsections (c) and (d) shall not apply to Puerto Rico.

(h)

Units of local government in Louisiana

In carrying out this section with respect to the State of Louisiana, the term “unit of local government” means a district attorney or a parish sheriff.

(i)

Part 1 violent crimes to include human trafficking

section 7102 of title 22For purposes of this section, the term “part 1 violent crimes” shall include severe forms of trafficking in persons (as defined in ).

Pub. L. 90–351, title I, § 505 Pub. L. 109–162, title XI, § 1111(a)(2)(C)Jan. 5, 2006119 Stat. 3097 Pub. L. 114–22, title I, § 107May 29, 2015129 Stat. 238(, as added , , ; amended , , .)

Editorial Notes

Codification

section 3755 of Title 42Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Prior Provisions

section 505 of title I of Pub. L. 90–351 Pub. L. 100–690, title VI, § 6091(a)Nov. 18, 1988102 Stat. 4333 Pub. L. 109–162, title XI, § 1111(a)(1)Jan. 5, 2006119 Stat. 3094Jan. 5, 2006A prior , as added , , , related to review of State applications, prior to repeal by , (d), , , 3102, applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter.

section 505 of title I of Pub. L. 90–351 Pub. L. 96–157, § 2Dec. 27, 197993 Stat. 1197 Pub. L. 98–473, title II, § 608(c)Oct. 12, 198498 Stat. 2087 Pub. L. 100–690, title VI, § 6091(a)Nov. 18, 1988102 Stat. 4328Another prior , formerly § 605, as added , , ; renumbered § 505 and amended , , , related to criteria for award, prior to repeal by , , .

section 505 of title I of Pub. L. 90–351 Pub. L. 96–157, § 2Dec. 27, 197993 Stat. 1194 Pub. L. 98–473, title II, § 607Oct. 12, 198498 Stat. 2086Another prior , as added , , , set out criteria for award of national priority grants, including establishment of reasonable requirements, maximum per centum of grant funds, funds reserved or set aside but not used in the fiscal year, and three-year period for financial aid and assistance and extension or renewal of period, prior to repeal by , , .

section 505 of Pub. L. 90–351June 19, 196882 Stat. 205 section 5315 of Title 5Another prior , title I, , , amended , Government Organization and Employees.

Amendments

Pub. L. 114–222015—Subsec. (i). added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date

Jan. 5, 2006section 1111(d) of Pub. L. 109–162 section 10151 of this titleSection applicable with respect to the first fiscal year beginning after , and each fiscal year thereafter, see , set out as an Effective Date of 2006 Amendment note under .