42 U.S.C. § 17153: Allocation of funds

Summary

The Secretary must divide each year’s grant money like this: 34% to one set of eligible local governments under one method, 34% to another set of local governments under a second method, 28% to States, 2% to Indian tribes, and 2% kept for competitive grants under section 17156. Local government grants use a formula the Secretary makes that looks at the latest 10-year census population, daytime population, and similar factors (for example, square footage of commercial or industrial space). For States, each State gets at least 1.25% and the rest is split by a Secretary-made formula that uses State population and any other criteria the Secretary picks. The Secretary also must create a formula for tribes. At least 90 days before the fiscal year starts, the Secretary must publish the allocation formulas in the Federal Register. The Secretary must also set up a State and local advisory committee to advise on running and evaluating the program.

Title 42, §17153

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general

Of amounts made available to provide grants under this part for each fiscal year, the Secretary shall allocate—

(1)34 percent to eligible units of local government—alternative 1, in accordance with subsection (b);

(2)34 percent to eligible units of local government—alternative 2, in accordance with subsection (b);

(3)28 percent to States in accordance with subsection (c);

(4)2 percent to Indian tribes in accordance with subsection (d); and

(5)2 percent for competitive grants under section 17156 of this title.

(b)Eligible units of local government

Of amounts available for distribution to eligible units of local government under subsection (a)(1) or (2), the Secretary shall provide grants to eligible units of local government under this section based on a formula established by the Secretary according to—

(1)the populations served by the eligible units of local government, according to the latest available decennial census; and

(2)the daytime populations of the eligible units of local government and other similar factors (such as square footage of commercial, office, and industrial space), as determined by the Secretary.

(c)States

Of amounts available for distribution to States under subsection (a)(2), the Secretary shall provide—

(1)not less than 1.25 percent to each State; and

(2)the remainder among the States, based on a formula to be established by the Secretary that takes into account—

(A)the population of each State; and

(B)any other criteria that the Secretary determines to be appropriate.

(d)Indian tribes

Of amounts available for distribution to Indian tribes under subsection (a)(3), the Secretary shall establish a formula for allocation of the amounts to Indian tribes, taking into account any factors that the Secretary determines to be appropriate.

(e)Publication of allocation formulas

Not later than 90 days before the beginning of each fiscal year for which grants are provided under this part, the Secretary shall publish in the Federal Register the formulas for allocation established under this section.

(f)State and local advisory committee

The Secretary shall establish a State and local advisory committee to advise the Secretary regarding administration, implementation, and evaluation of the program.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2009—Subsec. (a)(1). Pub. L. 111–5, § 404(a)(2), added par. (1) and struck out former par. (1) which read as follows: “68 percent to eligible units of local government in accordance with subsection (b);”. Subsec. (a)(2) to (5). Pub. L. 111–5, § 404(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively. Subsec. (b). Pub. L. 111–5, § 404(b), substituted “subsection (a)(1) or (2)” for “subsection (a)(1)” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§17153 Allocation of Funds