
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: 42USC5632]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 72--JUVENILE JUSTICE AND DELINQUENCY PREVENTION
 
                   SUBCHAPTER II--PROGRAMS AND OFFICES
 
         Part B--Federal Assistance for State and Local Programs
 
Sec. 5632. Allocation of funds


(a) Time; basis; amounts

    (1) Subject to paragraph (2) and in accordance with regulations 
promulgated under this part, funds shall be allocated annually among the 
States on the basis of relative population of people under age eighteen.
    (2)(A) Subject to paragraph (3), if the aggregate amount 
appropriated for a fiscal year to carry out this subchapter (other than 
parts D and E) is less than $75,000,000, then the amount allocated to 
each State for such fiscal year shall be not less than $325,000, or such 
greater amount, up to $400,000, as is available to be allocated without 
reducing the amount of any State or territory's allocation below the 
amount allocated for fiscal year 1992 \1\ except that the amount 
allocated to the Virgin Islands of the United States, Guam, American 
Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth 
of the Northern Mariana Islands shall be not less than $75,000, or such 
greater amount, up to $100,000, as is available to be allocated without 
reducing the amount of any State or territory's allocation below the 
amount allocated for fiscal year 1992, each.
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    \1\ So in original. Probably should be followed by a comma.
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    (B) Subject to paragraph (3), if the aggregate amount appropriated 
for a fiscal year to carry out this subchapter (other than part D) 
equals or exceeds $75,000,000, then the amount allocated to each State 
for such fiscal year shall be not less than $400,000, or such greater 
amount, up to $600,000, as is available to be allocated if 
appropriations have been enacted and made available to carry out parts D 
and E of this subchapter in the full amounts authorized by section 
5671(a)(1) and (3) of this title \1\ except that the amount allocated to 
the Virgin Islands of the United States, Guam, American Samoa, the Trust 
Territory of the Pacific Islands, and the Commonwealth of the Northern 
Mariana Islands shall be not less than $100,000, or such greater amount, 
up to $100,000, as is available to be allocated without reducing the 
amount of any State or territory's allocation below the amount allocated 
for fiscal year 1992 \1\ each.
    (3) If, as a result of paragraph (2), the amount allocated to a 
State for a fiscal year would be less than the amount allocated to such 
State for fiscal year 1992, then the amounts allocated to satisfy the 
requirements of such paragraph shall be reduced pro rata to the extent 
necessary to allot \2\ to such State for the fiscal year the amount 
allocated to such State for fiscal year 1992.
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    \2\ So in original. Probably should be ``allocate''.
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(b) Reallocation of unobligated funds

    If any amount so allocated remains unobligated at the end of the 
fiscal year, such funds shall be reallocated in a manner equitable and 
consistent with the purpose of this part. Any amount so reallocated 
shall be in addition to the amounts already allocated and available to 
the State, the Virgin Islands, American Samoa, Guam, the Trust Territory 
of the Pacific Islands, and the Commonwealth of the Northern Mariana 
Islands for the same period.

(c) Use of allocated funds for development, etc., of State plans; 
        limitations; matching requirements

    In accordance with regulations promulgated under this part, a 
portion of any allocation to any State under this part shall be 
available to develop a State plan or for other pre-award activities 
associated with such State plan, and to pay that portion of the 
expenditures which are necessary for efficient administration, including 
monitoring, evaluation, and one full-time staff position. Not more than 
10 percent of the total annual allocation of such State shall be 
available for such purposes except that any amount expended or obligated 
by such State, or by units of local government or any combination 
thereof, from amounts made available under this subsection shall be 
matched (in an amount equal to any such amount so expended or obligated) 
by such State, or by such units or combinations, from State or local 
funds, as the case may be. The State shall make available needed funds 
for planning and administration to units of local government or 
combinations thereof within the State on an equitable basis.

(d) Minimum annual allocation for assistance of advisory group

    In accordance with regulations promulgated under this part, 5 per 
centum of the minimum annual allocation to any State under this part 
shall be available to assist the advisory group established under 
section 5633(a)(3) of this title.

(Pub. L. 93-415, title II, Sec. 222, Sept. 7, 1974, 88 Stat. 1118; Pub. 
L. 95-115, Sec. 4(b)(1), (2)(A)-(C), (3), (4), Oct. 3, 1977, 91 Stat. 
1051; Pub. L. 96-509, Sec. 10, Dec. 8, 1980, 94 Stat. 2755; Pub. L. 98-
473, title II, Sec. 625(b), Oct. 12, 1984, 98 Stat. 2111; Pub. L. 100-
690, title VII, Sec. 7257, Nov. 18, 1988, 102 Stat. 4438; Pub. L. 102-
586, Sec. 2(f)(2), Nov. 4, 1992, 106 Stat. 4987; Pub. L. 105-277, div. 
A, Sec. 101(b) [title I, Sec. 129(a)(2)(B)], Oct. 21, 1998, 112 Stat. 
2681-50, 2681-75.)


                               Amendments

    1998--Subsec. (c). Pub. L. 105-277 substituted ``units of local 
government'' for ``units of general local government'' in two places.
    1992--Subsec. (a)(2)(A). Pub. L. 102-586, Sec. 2(f)(2)(A), (B)(i), 
substituted ``parts D and E'' for ``part D'', substituted ``allocated'' 
for ``allotted'' in two places, and inserted ``or such greater amount, 
up to $400,000, as is available to be allocated without reducing the 
amount of any State or territory's allocation below the amount allocated 
for fiscal year 1992'' and ``, or such greater amount, up to $100,000, 
as is available to be allocated without reducing the amount of any State 
or territory's allocation below the amount allocated for fiscal year 
1992,''.
    Subsec. (a)(2)(B). Pub. L. 102-586, Sec. 2(f)(2)(A), (B)(ii), 
substituted ``allocated'' for ``allotted'' in two places and inserted 
``or such greater amount, up to $600,000, as is available to be 
allocated if appropriations have been enacted and made available to 
carry out parts D and E of this subchapter in the full amounts 
authorized by section 5671(a)(1) and (3) of this title'' and ``, or such 
greater amount, up to $100,000, as is available to be allocated without 
reducing the amount of any State or territory's allocation below the 
amount allocated for fiscal year 1992''.
    Subsec. (a)(3). Pub. L. 102-586, Sec. 2(f)(2)(A), (B)(iii), 
substituted ``allocated'' for ``allotted'' wherever appearing and 
``1992'' for ``1988'' in two places.
    Subsec. (b). Pub. L. 102-586, Sec. 2(f)(2)(A), substituted 
``allocated'' for ``allotted'' in two places.
    Subsec. (c). Pub. L. 102-586, Sec. 2(f)(2)(A), (C), substituted 
``allocation'' for ``allotment'' in two places, ``, evaluation, and one 
full-time staff position'' for ``and evaluation'', and ``10 percent'' 
for ``7\1/2\ per centum''.
    Subsec. (d). Pub. L. 102-586, Sec. 2(f)(2)(A), substituted 
``allocation'' for ``allotment''.
    1988--Subsec. (a)(1). Pub. L. 100-690, Sec. 7257(a)(1), (2), 
designated existing provisions as par. (1), substituted ``Subject to 
paragraph (2) and in'' for ``In'', and struck out at end ``No such 
allotment to any State shall be less than $225,000, except that for the 
Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Commonwealth of the Northern Mariana Islands no 
allotment shall be less than $56,250.''
    Subsec. (a)(2), (3). Pub. L. 100-690, Sec. 7257(a)(3), added pars. 
(2) and (3).
    Subsec. (b). Pub. L. 100-690, Sec. 7257(b), substituted ``If'' for 
``Except for funds appropriated for fiscal year 1975, if'' and struck 
out after first sentence ``Funds appropriated for fiscal year 1975 may 
be obligated in accordance with subsection (a) of this section until 
June 30, 1976, after which time they may be reallocated.''
    1984--Subsec. (b). Pub. L. 98-473 substituted ``the Trust 
Territory'' for ``and the Trust Territory'' and inserted ``, and the 
Commonwealth of the Northern Mariana Islands'' after ``Pacific 
Islands''.
    1980--Subsec. (a). Pub. L. 96-509 inserted reference to the 
Commonwealth of the Northern Mariana Islands.
    1977--Subsec. (a). Pub. L. 95-115, Sec. 4(b)(1), substituted 
``$225,000'' for ``$200,000'' and ``$56,250'' for ``$50,000''.
    Subsec. (c). Pub. L. 95-115, Sec. 4(b)(2)(A), (B), (3), inserted 
provisions relating to pre-award activities, monitoring and evaluation 
payments, and matching requirements for expended or obligated amounts, 
and substituted ``7\1/2\'' for ``15'' and ``units of general local 
government or combinations thereof'' for ``local governments''.
    Subsec. (d). Pub. L. 95-115, Sec. 4(b)(2)(C), (4)(B), redesignated 
subsec. (e) as (d). Former subsec. (d), relating to limitations on 
financial assistance under this section, was struck out.
    Subsec. (e). Pub. L. 95-115, Sec. 4(b)(4)(A), (B), added subsec. (e) 
and redesignated former subsec. (e) as (d).


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-690 effective Oct. 1, 1988, see section 
7296(a) of Pub. L. 100-690, set out as a note under section 5601 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-473 effective Oct. 12, 1984, see section 
670(a) of Pub. L. 98-473, set out as a note under section 5601 of this 
title.


                    Effective Date of 1977 Amendment

    Amendment by section 4(b)(1), (3) of Pub. L. 95-115 effective Oct. 
1, 1977, see section 263(c) of Pub. L. 93-415, as added by Pub. L. 95-
115, set out as a note under section 5601 of this title.
    Section 4(b)(2)(D) of Pub. L. 95-115 provided that: ``The amendments 
made by this paragraph [amending this section] shall take effect on 
October 1, 1978.''
    Section 4(b)(4)(B) of Pub. L. 95-115 provided that the amendment 
made by such section 4(b)(4)(B) is effective Oct. 1, 1978.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 5633, 5667c, 5675 of this 
title.
