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34 U.S.C. § 10406 — Payment requirements

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10406 — Payment requirements

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Stable record: federal_law:legal_authorities:record_usc_8f23752570eb461d02367ae7
Source file: Laws/federal/codes/united-states-code/title-34/section-10406-payment-requirements--83d4c688f8.md
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Source location: Title 34, Chapter 101, § 10406; chapter-101-justice-system-improvement.md

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**(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 requirement** Funds made available under this subchapter to States and units of local government shall not be used to supplant State or local funds as the case may be, but shall be used to increase the amount of funds that would, in the absence of funds made available under this subchapter, be made available from State or local sources, as the case may be. **(e) Matching funds** (1) **In general** — The Federal share of a grant received under this subchapter may not exceed 90 percent of the total program costs. (2) **Construction of facilities** — Notwithstanding paragraph (1), with respect to the cost of constructing juvenile detention or correctional facilities, the Federal share of a grant received under this subchapter may not exceed 50 percent of approved cost.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10404 — Allocation and distribution of funds

**(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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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796ee–4 — Transferred

### Statutory Notes #### Codification Section 3796ee–2 was editorially reclassified as [section 10403 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10403&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796ee–5 — Transferred

### 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3796ee–7 — Transferred

### Statutory Notes #### Codification Section 3796ee–5 was editorially reclassified as [section 10406 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10406&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10406 — Payment requirements

Page 122 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10405 1 So in original. Probably should be ‘‘specially’’. 1 So in original. Probably should be ‘‘specially’’. the application deadline established by the At- torney General, the Attorney General shall re- serve not more than 75 percent of the alloca- tion 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. (2) Award basis In addition to the qualification require- ments for direct grants for specially qualified units the Attorney General may use the aver- age amount allocated by the States to units of local government as a basis for awarding grants under this section. (Pub. L. 90–351, title I, § 1803, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1863.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1803 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–2 of Title 42, The Public Health and Welfare, related to review of State applications, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10405. Guidelines (a) In general The Attorney General shall issue guidelines establishing procedures under which a State or specifically 1 qualified unit of local government that receives funds under section 10404 of this title is required to provide notice to the Attor- ney General regarding the proposed

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10406

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