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34 U.S.C. § 10404 — Allocation and distribution of funds
Federal law — U.S. Code and appendices · legal_authorities
**(a) State allocation**
(1) **In general** — In accordance with regulations promulgated pursuant to this subchapter and except as provided in paragraph (3), the Attorney General shall allocate—
(A) 0.50 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 distributed by the Attorney General or by the State involved for any program other than a program contained in an approved application.
**(b) Local distribution**
(1) **In general** — Except as provided in paragraph (2), each State which receives funds under subsection (a)(1) in a fiscal year shall distribute among units of local government, for the purposes specified in [section 10401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10401&num=0&edition=prelim), not less than 75 percent of such amounts received.
(2) **Waiver** — If a State submits to the Attorney General an application for waiver that demonstrates and certifies to the Attorney General that—
(A) the State’s juvenile justice expenditures in the fiscal year preceding the date in which an application is submitted under this subchapter (the “State percentage”) is more than 25 percent of the aggregate amount of juvenile justice expenditures by the State and its eligible un
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Source file: Laws/federal/codes/united-states-code/title-34/section-10404-allocation-and-distribution-of-funds--e4efc2819c.md
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Source location: Title 34, Chapter 101, § 10404; chapter-101-justice-system-improvement.md
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**(a) State allocation**
(1) **In general** — In accordance with regulations promulgated pursuant to this subchapter and except as provided in paragraph (3), the Attorney General shall allocate—
(A) 0.50 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 distributed by the Attorney General or by the State involved for any program other than a program contained in an approved application.
**(b) Local distribution**
(1) **In general** — Except as provided in paragraph (2), each State which receives funds under subsection (a)(1) in a fiscal year shall distribute among units of local government, for the purposes specified in [section 10401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10401&num=0&edition=prelim), not less than 75 percent of such amounts received.
(2) **Waiver** — If a State submits to the Attorney General an application for waiver that demonstrates and certifies to the Attorney General that—
(A) the State’s juvenile justice expenditures in the fiscal year preceding the date in which an application is submitted under this subchapter (the “State percentage”) is more than 25 percent of the aggregate amount of juvenile justice expenditures by the State and its eligible units of local government; and
(B) the State has consulted with as many units of local government in such State, or organizations representing such units, as practicable regarding the State’s calculation of expenditures under subparagraph (A), the State’s application for waiver under this paragraph, and the State’s proposed uses of funds.
(3) **Allocation** — In making the distribution under paragraph (1), 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 juvenile justice expenditure 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-quarter; 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 government in the State.
(4) **Expenditures** — The allocation any unit of local government shall receive under paragraph (3) for a payment period shall not exceed 100 percent of juvenile justice expenditures of the unit for such payment period.
(5) **Reallocation** — The amount of any unit of local government’s allocation that is not available to such unit by operation of paragraph (4) 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 juvenile justice 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 comparable data regarding the number of violent crimes or juvenile justice expenditures for the relevant years for the unit of local government.
**(d) Local government with allocations less than $10,000** If under this section a unit of local government is allocated less than $10,000 for a payment period, 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 subchapter.
**(e) Direct grants to specially qualified units**
(1) **In general** — If a State does not qualify or apply for funds reserved for allocation under subsection (a) by the application deadline established by the Attorney General, the Attorney General shall reserve 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 10403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10403&num=0&edition=prelim).
(2) **Award basis** — In addition to the qualification requirements for direct grants for specially qualified units the Attorney General may use the average amount allocated by the States to units of local government as a basis for awarding grants under this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State eligibility** To be eligible to receive a grant under this subchapter, 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 guidelines, including—
(1) information about—
(A) the activities proposed to be carried out with such grant; and
(B) the criteria by which the State proposes to assess the effectiveness of such activities on achieving the purposes of this subchapter, including the extent to which evidence-based approaches are utilized; and
(2) assurances that the State and any unit of local government to which the State provides funding under [section 10404(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10404/b&num=0&edition=prelim), 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 system of graduated sanctions described in subsection (d).
**(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 to the State—
(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 approaches are utilized; and
(B) such assurances as the State shall require, that, to the maximum extent applicable, the unit of local gov
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10403
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ee was editorially reclassified as [section 10401 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10401&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ee–2
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ee–1 was editorially reclassified as [section 10402 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10402&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ee–3
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Attorney General is authorized 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 subchapter 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 administering graduated sanctions for juvenile offenders;
(2) building, expanding, renovating, or operating temporary or permanent juvenile correction, detention, or community corrections facilities;
(3) hiring juvenile court judges, probation officers, and court-appointed defenders and special advocates, and funding pretrial services (including mental health screening and assessment) for juvenile offenders, to promote the effective and expeditious administration of the juvenile justice system;
(4) hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and case backlogs reduced;
(5) providing funding to enable prosecutors to address drug, gang, and youth violence problems more effectively and for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders;
(6) establishing and maintaining training programs for law enforcement and other court personnel with respect to preventing and controlling juvenile crime;
(7) establishing juvenile gun courts for the prosecution and adjudication of juvenile firearms offenders;
(8) establishing drug court programs for juvenile offenders that provide continuing judicial supervision over juvenile offenders with substance abuse problems and the integr
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10401
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Attorney General shall issue guidelines establishing procedures under which a State or specifically 11 So in original. Probably should be “specially”. qualified unit of local government that receives funds under [section 10404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10404&num=0&edition=prelim) is required to provide notice to the Attorney General regarding the proposed use of funds made available under this subchapter.
**(b) Advisory board**
(1) **In general** — The guidelines referred to in subsection (a) shall include a requirement that such eligible State or unit of local government establish and convene an advisory board to recommend a coordinated enforcement plan for the use of such funds.
(2) **Membership** — The board shall include representation from, if appropriate—
(A) the State or local police department;
(B) the local sheriff’s department;
(C) the State or local prosecutor’s office;
(D) the State or local juvenile court;
(E) the State or local probation office;
(F) the State or local educational agency;
(G) a State or local social service agency;
(H) a nonprofit, nongovernmental victim advocacy organization; and
(I) a nonprofit, religious, or community group.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10405
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Timing of payments** The Attorney General shall pay to each State or specifically 11 So in original. Probably should be “specially”. qualified unit of local government that receives funds under [section 10404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10404&num=0&edition=prelim) that has submitted an application under this subchapter the amount awarded to such State or unit of local government not later than the later of—
(1) the date that is 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 assurances required by subsection (c).
**(b) Repayment of unexpended amounts**
(1) **Repayment required** — From amounts awarded under this subchapter, a State or specially qualified unit shall repay to the Attorney General, before the expiration of the 36-month period beginning on the date of the award, any amount that is not expended by such State or unit.
(2) **Extension** — The Attorney General may adopt policies and procedures providing for a one-time extension, by not more than 12 months, of the period referred to in paragraph (1).
(3) **Penalty for failure to repay** — If the amount required to be repaid is not repaid, the Attorney General shall reduce payment in future payment periods accordingly.
(4) **Deposit of amounts repaid** — Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future payments to States and specially qualified units.
**(c) Administrative costs** A State or unit of local government that receives funds under this subchapter may use not more than 5 percent of such funds to pay for administrative costs.
**(d) Nonsupplanting r
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10406
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ee–3 was editorially reclassified as [section 10404 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10404&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ee–5
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Federal law — U.S. Code and appendices · legal_authorities
Page 121
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10404
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 evi-
dence-based approaches are utilized’’ after ‘‘sub-
chapter’’.
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 [amend-
ing this section] shall take effect on October 1, 2006.’’
§ 10404. Allocation and distribution of funds
(a) State allocation
(1) In general
In accordance with regulations promulgated
pursuant to this subchapter and except as pro-
vided in paragraph (3), the Attorney General
shall allocate—
(A) 0.50 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 sub-
section or received by a State for distribution
under subsection (b) may be distributed by the
Attorney General or by the State involved for
any program other than a program contained
in an approved application.
(b) Local distributi
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10404
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.