---
kind: "section"
citation: "34 U.S.C. § 10156"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10156"
heading: "Formula"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10156"
units:
  - "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. Formula

- (a) **Allocation among States—**
  - (1) **In general—** Of the total amount appropriated for this part, the [Attorney General](/usc/34/10307.md?p=1) shall, except as provided in [paragraph (2)](#a-2), allocate—
    - (A) 50 percent of such remaining amount to each [State](/usc/34/11103.md?p=7) in amounts that bear the same ratio of—
      - (i) the total population of a [State](/usc/34/11103.md?p=7) to—
      - (ii) the total population of the United States; and
    - (B) 50 percent of such remaining amount to each [State](/usc/34/11103.md?p=7) in amounts that bear the same ratio of—
      - (i) the average annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such [State](/usc/34/11103.md?p=7) for the three most recent years reported by such [State](/usc/34/11103.md?p=7) to—
      - (ii) the average annual number of such crimes reported by all [States](/usc/34/11103.md?p=7) for such years.
  - (2) **Minimum allocation—** If carrying out [paragraph (1)](#a-1) would result in any [State](/usc/34/11103.md?p=7) receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a “minimum allocation [State](/usc/34/11103.md?p=7)”), then [paragraph (1)](#a-1), as so carried out, shall not apply, and the [Attorney General](/usc/34/10307.md?p=1) shall instead—
    - (A) allocate 0.25 percent of the total amount to each [State](/usc/34/11103.md?p=7); and
    - (B) using the amount remaining after carrying out [subparagraph (A)](#a-2-A), carry out [paragraph (1)](#a-1) in a manner that excludes each minimum allocation [State](/usc/34/11103.md?p=7), including the population of and the crimes reported by such [State](/usc/34/11103.md?p=7).
- (b) **Allocation between States and units of local government—** Of the amounts allocated under [subsection (a)](#a)—
  - (1) 60 percent shall be for direct grants to [States](/usc/34/11103.md?p=7), to be allocated under [subsection (c)](#c); and
  - (2) 40 percent shall be for grants to be allocated under [subsection (d)](#d).
- (c) **Allocation for State governments—**
  - (1) **In general—** Of the amounts allocated under [subsection (b)(1)](#b-1), each [State](/usc/34/11103.md?p=7) may retain for the purposes described in [section 10152 of this title](/usc/34/10152.md) an amount that bears the same ratio of—
    - (A) total expenditures on criminal justice by the [State](/usc/34/11103.md?p=7) government in the most recently completed fiscal year to—
    - (B) the total expenditure on criminal justice by the [State](/usc/34/11103.md?p=7) government and units of local government within the [State](/usc/34/11103.md?p=7) in such year.
  - (2) **Remaining amounts—** Except as provided in [subsection (e)(1)](#e-1), any amounts remaining after the allocation required by [paragraph (1)](#c-1) shall be made available to units of local government by the [State](/usc/34/11103.md?p=7) for the purposes described in [section 10152 of this title](/usc/34/10152.md).
- (d) **Allocations to local governments—**
  - (1) **In general—** Of the amounts allocated under [subsection (b)(2)](#b-2), grants for the purposes described in [section 10152 of this title](/usc/34/10152.md) shall be made directly to units of local government within each [State](/usc/34/11103.md?p=7) in accordance with this subsection, subject to [subsection (e)](#e).
  - (2) **Allocation—**
    - (A) **In general—** From the amounts referred to in [paragraph (1)](#d-1) with respect to a [State](/usc/34/11103.md?p=7) (in this subsection referred to as the “local amount”), the [Attorney General](/usc/34/10307.md?p=1) shall allocate to each [unit of local government](/usc/34/11103.md?p=8) an amount which bears the same ratio to such share as the average annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) 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](/usc/34/12101.md?p=2) reported by all units of local government in the [State](/usc/34/11103.md?p=7) in which the unit is located to the Federal Bureau of Investigation for such years.
    - (B) **Transitional rule—** Notwithstanding [subparagraph (A)](#d-2-A), for fiscal years 2006, 2007, and 2008, the [Attorney General](/usc/34/10307.md?p=1) shall allocate the local amount to units of local government in the same manner that, under the Local Government [Law Enforcement](/usc/34/12291.md?p=a-23) 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](/usc/34/11103.md?p=8) in the [State](/usc/34/11103.md?p=7) has been annexed since the date of the collection of the data used by the [Attorney General](/usc/34/10307.md?p=1) in making allocations pursuant to this section, the [Attorney General](/usc/34/10307.md?p=1) shall pay the amount that would have been allocated to such [unit of local government](/usc/34/11103.md?p=8) to the [unit of local government](/usc/34/11103.md?p=8) that annexed it.
  - (4) **Resolution of disparate allocations—**
    - (A) Notwithstanding any other provision of this part, if—
      - (i) the [Attorney General](/usc/34/10307.md?p=1) certifies that a [unit of local government](/usc/34/11103.md?p=8) bears more than 50 percent of the costs of [prosecution](/usc/34/12291.md?p=a-28) or incarceration that arise with respect to [part 1 violent crimes](/usc/34/12101.md?p=2) reported by a specified geographically constituent [unit of local government](/usc/34/11103.md?p=8); 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](/usc/34/11103.md?p=8) exceeds 150 percent of the amount allocated to the [unit of local government](/usc/34/11103.md?p=8) certified pursuant to [clause (i)](#d-4-A-i); or
        - (II) more than one such specified geographically constituent [unit of local government](/usc/34/11103.md?p=8) exceeds 400 percent of the amount allocated to the [unit of local government](/usc/34/11103.md?p=8) certified pursuant to [clause (i)](#d-4-A-i),

      then in order to qualify for payment under this subsection, the [unit of local government](/usc/34/11103.md?p=8) certified pursuant to [clause (i)](#d-4-A-i), together with any such specified geographically constituent units of local government described in [clause (ii)](#d-4-A-ii), shall submit to the [Attorney General](/usc/34/10307.md?p=1) 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](/usc/34/11103.md?p=8)” means a [unit of local government](/usc/34/11103.md?p=8) that has jurisdiction over areas located within the boundaries of an area over which a [unit of local government](/usc/34/11103.md?p=8) certified pursuant to clause (i) has jurisdiction.
- (e) **Limitation on allocations to units of local government—**
  - (1) **Maximum allocation—** No [unit of local government](/usc/34/11103.md?p=8) shall receive a total allocation under this section that exceeds such unit’s total expenditures on criminal justice [services](/usc/34/12291.md?p=a-51) 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](/usc/34/12291.md?p=a-51).
  - (2) **Allocations under $10,000—** If the allocation under this section to a [unit of local government](/usc/34/11103.md?p=8) is less than $10,000 for any fiscal year, the direct grant to the [State](/usc/34/11103.md?p=7) under [subsection (c)](#c) shall be increased by the amount of such allocation, to be distributed (for the purposes described in [section 10152 of this title](/usc/34/10152.md)) among [State](/usc/34/11103.md?p=7) police departments that provide criminal justice [services](/usc/34/12291.md?p=a-51) 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](/usc/34/11103.md?p=8) that has not reported at least three years of data on [part 1 violent crimes](/usc/34/12101.md?p=2) 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](/usc/34/10307.md?p=1) determines, on the basis of information available during any grant period, that any allocation (or portion thereof) under this section to a [State](/usc/34/11103.md?p=7) for such grant period will not be required, or that a [State](/usc/34/11103.md?p=7) will be unable to qualify or receive funds under this part, or that a [State](/usc/34/11103.md?p=7) chooses not to participate in the program established under this part, then such [State](/usc/34/11103.md?p=7)’s allocation (or portion thereof) shall be awarded by the [Attorney General](/usc/34/10307.md?p=1) to units of local government, or [combinations](/usc/34/11103.md?p=9) thereof, within such [State](/usc/34/11103.md?p=7), giving priority to those jurisdictions with the highest annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) of the Uniform Crime Reports reported by the [unit of local government](/usc/34/11103.md?p=8) 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)](#a) to Puerto Rico, 100 percent shall be for direct grants to the Commonwealth government of Puerto Rico.
  - (2) **No local allocations—** Subsections [(c)](#c) and [(d)](#d) shall not apply to Puerto Rico.
- (h) **Units of local government in Louisiana—** In carrying out this section with respect to the [State](/usc/34/11103.md?p=7) of Louisiana, the term “[unit of local government](/usc/34/11103.md?p=8)” 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](/usc/34/12101.md?p=2)” shall include severe forms of trafficking in persons (as defined in [section 7102 of title 22](/usc/22/7102.md)).

## Source credit

(Pub. L. 90–351, title I, § 505, as added Pub. L. 109–162, title XI, § 1111(a)(2)(C), Jan. 5, 2006, 119 Stat. 3097; amended Pub. L. 114–22, title I, § 107, May 29, 2015, 129 Stat. 238.)

## Notes

### 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.