---
kind: "section"
citation: "34 U.S.C. § 10404"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10404"
heading: "Allocation and distribution of funds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10404"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 101 — Justice System Improvement"
  - "Subchapter XVII — Juvenile Accountability Block Grants"
---

# §10404. Allocation and distribution of funds

- (a) **State allocation—**
  - (1) **In general—** In accordance with regulations promulgated pursuant to this subchapter and except as provided in paragraph (3), the [Attorney General](/usc/34/10307.md?p=1) shall allocate—
    - (A) 0.50 percent for each [State](/usc/34/10410.md?p=3); and
    - (B) of the total funds remaining after the allocation under [subparagraph (A)](#a-1-A), to each [State](/usc/34/10410.md?p=3), an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of people under the age of 18 living in such [State](/usc/34/10410.md?p=3) for the most recent calendar year in which such data is available bears to the population of people under the age of 18 of all the [States](/usc/34/10410.md?p=3) for such fiscal year.
  - (2) **Prohibition—** No funds allocated to a [State](/usc/34/10410.md?p=3) under this subsection or received by a [State](/usc/34/10410.md?p=3) for distribution under [subsection (b)](#b) may be distributed by the [Attorney General](/usc/34/10307.md?p=1) or by the [State](/usc/34/10410.md?p=3) involved for any program other than a program contained in an approved application.
- (b) **Local distribution—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), each [State](/usc/34/10410.md?p=3) which receives funds under [subsection (a)(1)](#a-1) in a fiscal year shall distribute among units of local government, for the purposes specified in [section 10401 of this title](/usc/34/10401.md), not less than 75 percent of such amounts received.
  - (2) **Waiver—** If a [State](/usc/34/10410.md?p=3) submits to the [Attorney General](/usc/34/10307.md?p=1) an application for waiver that demonstrates and certifies to the [Attorney General](/usc/34/10307.md?p=1) that—
    - (A) the [State](/usc/34/10410.md?p=3)’s [juvenile justice expenditures](/usc/34/10410.md?p=5) in the fiscal year preceding the date in which an application is submitted under this subchapter (the “[State](/usc/34/10410.md?p=3) percentage”) is more than 25 percent of the aggregate amount of [juvenile justice expenditures](/usc/34/10410.md?p=5) by the [State](/usc/34/10410.md?p=3) and its eligible units of local government; and
    - (B) the [State](/usc/34/10410.md?p=3) has consulted with as many units of local government in such [State](/usc/34/10410.md?p=3), or organizations representing such units, as practicable regarding the [State](/usc/34/10410.md?p=3)’s calculation of expenditures under [subparagraph (A)](#b-2-A), the [State](/usc/34/10410.md?p=3)’s application for waiver under this paragraph, and the [State](/usc/34/10410.md?p=3)’s proposed uses of funds.
  - (3) **Allocation—** In making the distribution under [paragraph (1)](#b-1), the [State](/usc/34/10410.md?p=3) shall allocate to such units of local government an amount which bears the same ratio to the aggregate amount of such funds as—
    - (A) the sum of—
      - (i) the product of—
        - (I) three-quarters; multiplied by
        - (II) the average [juvenile](/usc/34/10410.md?p=4) justice expenditure for such [unit of local government](/usc/34/10410.md?p=1) for the 3 most recent calendar years for which such data is available; plus
      - (ii) the product of—
        - (I) one-quarter; multiplied by
        - (II) the average annual number of [part 1 violent crimes](/usc/34/10410.md?p=6) in such [unit of local government](/usc/34/10410.md?p=1) for the 3 most recent calendar years for which such data is available, bears to—
    - (B) the sum of the products determined under [subparagraph (A)](#b-3-A) for all such units of local government in the [State](/usc/34/10410.md?p=3).
  - (4) **Expenditures—** The allocation any [unit of local government](/usc/34/10410.md?p=1) shall receive under [paragraph (3)](#b-3) for a payment period shall not exceed 100 percent of [juvenile justice expenditures](/usc/34/10410.md?p=5) of the unit for such payment period.
  - (5) **Reallocation—** The amount of any [unit of local government](/usc/34/10410.md?p=1)’s allocation that is not available to such unit by operation of [paragraph (4)](#b-4) shall be available to other units of local government that are not affected by such operation in accordance with this subsection.
- (c) **Unavailability of data for units of local government—** If the [State](/usc/34/10410.md?p=3) has reason to believe that the reported rate of [part 1 violent crimes](/usc/34/10410.md?p=6) or [juvenile justice expenditures](/usc/34/10410.md?p=5) for a [unit of local government](/usc/34/10410.md?p=1) is insufficient or inaccurate, the [State](/usc/34/10410.md?p=3) shall—
  - (1) investigate the methodology used by the unit to determine the accuracy of the submitted data; and
  - (2) if necessary, use the best available comparable data regarding the number of [violent crimes](/usc/34/11103.md?p=27) or [juvenile justice expenditures](/usc/34/10410.md?p=5) for the relevant years for the [unit of local government](/usc/34/10410.md?p=1).
- (d) **Local government with allocations less than $10,000—** If under this section a [unit of local government](/usc/34/10410.md?p=1) is allocated less than $10,000 for a payment period, the amount allotted shall be expended by the [State](/usc/34/10410.md?p=3) on [services](/usc/34/12291.md?p=a-51) to units of local government whose allotment is less than such amount in a manner consistent with this subchapter.
- (e) **Direct grants to specially qualified units—**
  - (1) **In general—** If a [State](/usc/34/10410.md?p=3) does not qualify or apply for funds reserved for allocation under [subsection (a)](#a) by the application deadline established by the [Attorney General](/usc/34/10307.md?p=1), the [Attorney General](/usc/34/10307.md?p=1) shall reserve not more than 75 percent of the allocation that the [State](/usc/34/10410.md?p=3) would have received under [subsection (a)](#a) for such fiscal year to provide grants to [specially qualified units](/usc/34/10410.md?p=2) which meet the requirements for funding under [section 10403 of this title](/usc/34/10403.md).
  - (2) **Award basis—** In addition to the qualification requirements for direct grants for [specially qualified units](/usc/34/10410.md?p=2) the [Attorney General](/usc/34/10307.md?p=1) may use the average amount allocated by the [States](/usc/34/10410.md?p=3) to units of local government as a basis for awarding grants under this section.

## Source credit

(Pub. L. 90–351, title I, § 1803, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1863.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 3796ee–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Prior Provisions

A prior section 1803 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title II, § 20201(a)(3), Sept. 13, 1994, 108 Stat. 1820, and classified to former section 3796ee–2 of Title 42, The Public Health and Welfare, related to review of State applications, prior to the general amendment of part R of title I of Pub. L. 90–351 by Pub. L. 107–273.