
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC3756]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 46--JUSTICE SYSTEM IMPROVEMENT
 
        SUBCHAPTER V--BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS
 
        Part A--Drug Control and System Improvement Grant Program
 
Sec. 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.
---------------------------------------------------------------------------
    \1\ See References in Text note below.
---------------------------------------------------------------------------

(Pub. L. 90-351, title I, Sec. 506, as added Pub. L. 100-690, title VI, 
Sec. 6091(a), Nov. 18, 1988, 102 Stat. 4334; amended Pub. L. 101-162, 
title II, Sec. 212, Nov. 21, 1989, 103 Stat. 998, 1006; Pub. L. 101-302, 
title III, Sec. 320(c)(1), May 25, 1990, 104 Stat. 248; Pub. L. 101-647, 
title XVIII, Sec. 1804, Nov. 29, 1990, 104 Stat. 4851; Pub. L. 103-322, 
title XXXIII, Sec. 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, 
Sec. 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, Sec. 330001(a)(1), substituted 
``Subject to subsection (f) of this section, of'' for ``Of'' in 
introductory provisions.
    Subsec. (c). Pub. L. 103-322, Sec. 330001(a)(2), substituted 
``subsection (b)'' for ``subsections (b) and (c)''.
    Subsec. (e). Pub. L. 103-322, Sec. 330001(a)(3), substituted ``or 
(f)'' for ``or (e)''.
    Subsec. (f)(1). Pub. L. 103-322, Sec. 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, Sec. 320(c)(1)(A), in 
introductory provisions inserted ``required'' after ``setting aside the 
amount''.
    Subsec. (a)(1). Pub. L. 101-647, Sec. 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, Sec. 320(c)(1)(B), substituted ``$500,000 or 0.25 
percent, whichever is greater,'' for ``0.4 percent''.
    Subsec. (f). Pub. L. 101-647, Sec. 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, Sec. 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, Sec. 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.
