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

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 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, 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 expendi- tures 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 ex- penditure for such unit of local govern- ment 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 cal- endar years for which such data is avail- able, 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 pay- ment period shall not exceed 100 percent of ju- venile justice expenditures of the unit for such payment period. (5) Reallocation The amount of any unit of local govern- ment’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 ac- cordance with this subsection. (c) Unavailability of data for units of local gov- ernment If the State has reason to believe that the re- ported rate of part 1 violent crimes or juvenile justice expenditures for a unit of local govern- ment is insufficient or inaccurate, the State shall— (1) investigate the methodology used by the unit to determine the accuracy of the sub- mitted data; and (2) if necessary, use the best available com- parable data regarding the number of violent crimes or juvenile justice expenditures for the relevant years for the unit of local govern- ment. (d) Local government with allocations less than $10,000 If under this section a unit of local govern- ment 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 govern- ment 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 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 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. (Pub. L. 90–351, title I, § 1804, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1865.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 1804 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–3 of Title 42, The Public Health and Welfare, related to applications by local governments, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273. § 10406. Payment requirements (a) Timing of payments The Attorney General shall pay to each State or specifically 1 qualified unit of local govern- ment that receives funds under section 10404 of this title 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 sub- chapter, a State or specially qualified unit shall repay to the Attorney General, before the expiration of the 36-month period begin- ning 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 exten- sion, by not more than 12 months, of the pe- riod referred to in paragraph (1). (3) Penalty for failure to repay If the amount required to be repaid is not re- paid, the Attorney General shall reduce pay- ment 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 pay- ments to States and specially qualified units. (c) Administrative costs A State or unit of local government that re- ceives funds under this subchapter may use not more than 5 percent of such funds to pay for ad- ministrative 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.