Title 34NavyRelease 119-73

§10156 Formula

Title 34 › Subtitle Subtitle I— - Comprehensive Acts › Chapter CHAPTER 101— - JUSTICE SYSTEM IMPROVEMENT › Subchapter SUBCHAPTER V— - BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS › Part Part A— - Edward Byrne Memorial Justice Assistance Grant Program › § 10156

Last updated Apr 6, 2026|Official source

Summary

The Attorney General must split the grant money for this program so half is given to States based on each State’s population and half is given based on each State’s average yearly Part 1 violent crimes over the most recent three years reported. If that would give any State less than 0.25% of the total, every State instead gets 0.25%, and the rest is redivided using the same population-and-crime rules but leaving out those minimum-allocation States. Sixty percent of the money goes to State grants and 40 percent goes to local government grants. States may keep an amount based on the share of criminal-justice spending paid by the State government; the rest goes to local governments. Local shares are based on each local government’s average annual Part 1 violent crimes for the most recent three years reported to the FBI, with special rules for fiscal years 2006–2008 that follow the older Local Government Law Enforcement Block Grants method. If a local area was annexed after the data were collected, the annexing government gets the money. The Attorney General can adjust allocations if a local government pays more than 50% of prosecution or incarceration costs and neighboring units would otherwise get much larger shares. No local government can get more than its criminal-justice spending for the last completed fiscal year; any excess is shared with others. If a local share is under $10,000, that amount is added to the State’s direct grant to help state police and very small localities. A local government must have at least three years of Part 1 violent-crime data reported to the FBI in the past 10 years to get a share. If a State won’t or can’t use its funds, the Attorney General will give that money to local governments in that State, starting with the highest-crime jurisdictions. Puerto Rico receives 100% as direct grants to its government (the State and local split rules do not apply there). For Louisiana, “unit of local government” means a district attorney or a parish sheriff. “Part 1 violent crimes” also covers severe forms of trafficking in persons as defined in 22 U.S.C. 7102.

Full Legal Text

Title 34, §10156

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(a)(1)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)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)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)(1)Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described in section 10152 of this title 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)Except 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 section 10152 of this title.
(d)(1)Of the amounts allocated under subsection (b)(2), grants for the purposes described in section 10152 of this title shall be made directly to units of local government within each State in accordance with this subsection, subject to subsection (e).
(2)(A)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)Notwithstanding 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 January 5, 2006, the reserved amount was allocated among reporting and nonreporting units of local government.
(3)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)(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),
(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)(1)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)If 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 section 10152 of this title) 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)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)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)(1)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)Subsections (c) and (d) shall not apply to Puerto Rico.
(h)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)For purposes of this section, the term “part 1 violent crimes” shall include severe forms of trafficking in persons (as defined in section 7102 of title 22).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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

Prior Provisions

A prior section 505 of title I of Pub. L. 90–351, as added Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4333, related to review of State applications, prior to repeal by Pub. L. 109–162, title XI, § 1111(a)(1), (d), Jan. 5, 2006, 119 Stat. 3094, 3102, applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter. Another prior section 505 of title I of Pub. L. 90–351, formerly § 605, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1197; renumbered § 505 and amended Pub. L. 98–473, title II, § 608(c), Oct. 12, 1984, 98 Stat. 2087, related to criteria for award, prior to repeal by Pub. L. 100–690, title VI, § 6091(a), Nov. 18, 1988, 102 Stat. 4328. Another prior section 505 of title I of Pub. L. 90–351, as added Pub. L. 96–157, § 2, Dec. 27, 1979, 93 Stat. 1194, 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 Pub. L. 98–473, title II, § 607, Oct. 12, 1984, 98 Stat. 2086. Another prior section 505 of Pub. L. 90–351, title I, June 19, 1968, 82 Stat. 205, amended section 5315 of Title 5, Government Organization and Employees.

Amendments

2015—Subsec. (i). Pub. L. 114–22 added subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as an

Effective Date

of 2006 Amendment note under section 10151 of this title.

Reference

Citations & Metadata

Citation

34 U.S.C. § 10156

Title 34Navy

Last Updated

Apr 6, 2026

Release point: 119-73