§3756. Allocation and distribution of funds under formula grants

(a) States

Subject to subsection (f) of this section, of the total amount appropriated for this subchapter in any fiscal year, the amount remaining after setting aside the amount required to be reserved to carry out section 3761 of this title shall be set aside for section 3752 of this title and allocated to States as follows:

(1) $500,000 or 0.25 percent, whichever is greater, shall be allocated to each of the participating States; and

(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States.

(b) Units of local government

(1) Each State which receives funds under subsection (a) of this section in a fiscal year shall distribute among units of local government, or combinations of units of local government, in such State for the purposes specified in section 3751(b) of this title that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for criminal justice in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for criminal justice in such preceding fiscal year.

(2) In distributing funds received under this subchapter among urban, rural, and suburban units of local government and combinations thereof, the State shall give priority to those jurisdictions with the greatest need.

(3) Any funds not distributed to units of local government under paragraph (2) shall be available for expenditure by the State involved.

(4) For purposes of determining the distribution of funds under paragraphs (1) and (2), the most accurate and complete data available for the fiscal year involved shall be used. If data for such fiscal year are not available, then the most accurate and complete data available for the most recent fiscal year preceding such fiscal year shall be used.

(c) Programs eligible

No funds allocated to a State under subsection (a) of this section or received by a State for distribution under subsection (b) of this section may be distributed by the Director or by the State involved for any program other than a program contained in an approved application.

(d) Unneeded State allocated funds distributed to units of local government

If the Director determines, on the basis of information available during any fiscal year, that a portion of the funds allocated to a State for that fiscal year will not be required or that a State will be unable to qualify or receive funds under section 3752 of this title, or that a State chooses not to participate in the program established under such section, then such portion shall be awarded by the Director to urban, rural, and suburban units of local government or combinations thereof within such State giving priority to those jurisdictions with greatest need.

(e) Funds not distributed

Any funds allocated under subsection (a) or (f) of this section that are not distributed under this section shall be available for obligation under part B of this subchapter.

(f) Testing certain sex offenders for human immunodeficiency virus

(1) For any fiscal year beginning more than 2 years after November 29, 1990-

(A) 90 percent of the funds allocated under subsection (a) of this section without regard to this subsection to a State described in paragraph (2) shall be distributed by the Director to such State; and

(B) 10 percent of such funds shall be allocated equally among States that are not affected by the operation of subparagraph (A).

(2) Paragraph (1)(A) refers to a State that does not have in effect, and does not enforce, in such fiscal year, a law that requires the State at the request of the victim of a sexual act-

(A) to administer, to the defendant convicted under State law of such sexual act, a test to detect in such defendant the presence of the etiologic agent for acquired immune deficiency syndrome;

(B) to disclose the results of such test to such defendant and to the victim of such sexual act; and

(C) to provide to the victim of such sexual act counseling regarding HIV disease, HIV testing, in accordance with applicable law, and referral for appropriate health care and support services.

(3) For purposes of this subsection-

(A) the term "convicted" includes adjudicated under juvenile proceedings; and

(B) the term "sexual act" has the meaning given such term in subparagraph (A) or (B) of section 2245(1) ¹ of title 18.

(Pub. L. 90–351, title I, §506, as added Pub. L. 100–690, title VI, §6091(a), Nov. 18, 1988, 102 Stat. 4334 ; amended Pub. L. 101–162, title II, §212, Nov. 21, 1989, 103 Stat. 998 , 1006; Pub. L. 101–302, title III, §320(c)(1), May 25, 1990, 104 Stat. 248 ; Pub. L. 101–647, title XVIII, §1804, Nov. 29, 1990, 104 Stat. 4851 ; Pub. L. 103–322, title XXXIII, §330001(a), Sept. 13, 1994, 108 Stat. 2138 .)

References in Text

Section 2245 of title 18, referred to in subsec. (f)(3)(B), was renumbered section 2246 of title 18 by Pub. L. 103–322, title VI, §60010(a)(1), Sept. 13, 1994, 108 Stat. 1972 .

Prior Provisions

For prior section 506 of Pub. L. 90–351 and prior section 3756 of this title, see note set out preceding section 3750 of this title.

Amendments

1994-Subsec. (a). Pub. L. 103–322, §330001(a)(1), substituted "Subject to subsection (f) of this section, of" for "Of" in introductory provisions.

Subsec. (c). Pub. L. 103–322, §330001(a)(2), substituted "subsection (b)" for "subsections (b) and (c)".

Subsec. (e). Pub. L. 103–322, §330001(a)(3), substituted "or (f)" for "or (e)".

Subsec. (f)(1). Pub. L. 103–322, §330001(a)(4), in subpar. (A), struck out ", taking into consideration subsection (e) of this section but" before "without regard" and the comma after "to this subsection", and in subpar. (B), substituted "such funds" for "such amount".

1990-Subsec. (a). Pub. L. 101–302, §320(c)(1)(A), in introductory provisions inserted "required" after "setting aside the amount".

Subsec. (a)(1). Pub. L. 101–647, §1804(1), which directed substitution of "subsections (e) and (f)" for "subsection (e)", could not be executed because the words "subsection (e)" did not appear.

Pub. L. 101–302, §320(c)(1)(B), substituted "$500,000 or 0.25 percent, whichever is greater," for "0.4 percent".

Subsec. (f). Pub. L. 101–647, §1804(2), (3), which directed the addition of subsec. (f) and redesignation of former subsec. (f) as (g), was executed by adding subsec. (f), there being no prior subsec. (f).

1989-Subsec. (a). Pub. L. 101–162, §212, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "Of the total amount appropriated for this subchapter in any fiscal year, the amount remaining after setting aside the amount required to be reserved to carry out section 3761 of this title shall be set aside for section 3752 of this title and allocated to States as follows:

"(1) $500,000 or 0.25 percent, whichever if greater, shall be allocated to each of the participating States; and

"(2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States."

Subsec. (a)(1). Pub. L. 101–162, title II, inserted "or 0.25 percent, whichever is greater," after "$500,000".

Transfer of Functions

Effective Aug. 1, 2000, all functions of Director of Bureau of Justice Assistance, other than those enumerated in section 3742(3) to (6) of this title, transferred to Assistant Attorney General for Office of Justice Programs, see section 1000(a)(1) [title I, §108(b)] of Pub. L. 106–113, set out as a note under section 3741 of this title.

Section Referred to in Other Sections

This section is referred to in sections 3754, 3758, 3759, 3766, 3766b, 3791, 3796bb–1, 14071 of this title.

¹ See References in Text note below.