View all text of Subchapter XVII [§ 10401 - § 10410]
§ 10404. Allocation and distribution of funds
(a) State allocation
(1) In generalIn 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
(b) Local distribution
(1) In general
(2) WaiverIf 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) AllocationIn 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
(5) Reallocation
(c) Unavailability of data for units of local governmentIf 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
(e) Direct grants to specially qualified units
(1) In general
(2) Award basis
(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.)