Title 34, NavyRelease 119-110
§10156 Formula
Title 34 › Subtitle I — Comprehensive Acts › CHAPTER 101 — JUSTICE SYSTEM IMPROVEMENT › SUBCHAPTER V — BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS › Part A — Edward Byrne Memorial Justice Assistance Grant Program › § 10156
Summary
The Attorney General must split the money for this program between the States based half on population and half on the average annual number of Part 1 violent crimes each State reports to the FBI for the State’s three most recent reported years. Every State must get at least 0.25% of the total; if that rule changes the math, each State first gets 0.25% and then the rest is divided by the same population/crime rules but leaving those minimum-amount States out of the shares. For these rules, “Part 1 violent crimes” includes severe forms of human trafficking. Of each State’s share, 60% is for direct State grants and 40% is for grants to local governments. A State may keep a portion equal to its share of State-only criminal justice spending compared with combined State and local spending; the rest must go to local governments. Local grants are given to cities, counties, or other local units based on each unit’s share of the State’s average annual Part 1 violent crimes for the three most recent calendar years (with a special rule for fiscal years 2006–2008). If a unit was annexed, its money goes to the annexing unit. If one local area bears more than 50% of prosecution or jail costs for crimes reported by another area and allocations are very uneven, the affected units must apply together and divide the funds as they agree. No local unit may get more than its most recent year’s criminal justice spending; any excess is reallocated. If a unit’s allocation is under $10,000, that amount is added to the State’s direct grant to be shared with state police serving locals and small local units. Units that have not reported at least three years of FBI data in the last 10 years get no allocation. If a State won’t use its money, the Attorney General can give it to local areas in that State, starting with places that have the highest annual Part 1 violent crime counts over the most recent three years. Puerto Rico’s funds go 100% to its Commonwealth government, and in Louisiana a “unit of local government” means a district attorney or a parish sheriff.
Full Legal Text
Title 34, §10156
Navy, Source: USLM XML via OLRC
(a)Allocation among States
(1)In general
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)Minimum allocation
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)Allocation between States and units of local government
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)Allocation for State governments
(1)In general
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)
(B)the total expenditure on criminal justice by the State government and units of local government within the State in such year.
(2)Remaining amounts
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)Allocations to local governments
(1)In general
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)Allocation
(A)In general
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)Transitional rule
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)Annexed units
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)Resolution of disparate allocations
(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),
then in order to qualify for payment under this subsection, the unit of local government certified pursuant to clause (i), together with any such specified geographically constituent units of local government described in clause (ii), shall submit to the Attorney General a joint application for the aggregate of funds allocated to such units of local government. Such application shall specify the amount of such funds that are to be distributed to each of the units of local government and the purposes for which such funds are to be used. The units of local government involved may establish a joint local advisory board for the purposes of carrying out this paragraph.
(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)Limitation on allocations to units of local government
(1)Maximum allocation
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)Allocations under $10,000
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)Non-reporting units
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)Funds not used by the State
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)Special rules for Puerto Rico
(1)All funds set aside for Commonwealth government
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)No local allocations
Subsections (c) and (d) shall not apply to Puerto Rico.
(h)Units of local government in Louisiana
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)Part 1 violent crimes to include human trafficking
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 34, Navy
Last Updated
Sep 22, 2026
Release point: 119-110