((a)) ** Allocation among States**
((1)) ** In general** Of the total amount appropriated for this part, the Attorney General shall, except as provided in paragraph (2), allocate—
((A)) 50 percent of such remaining amount to each State in amounts that bear the same ratio of—
((i)) the total population of a State to—
((ii)) the total population of the United States; and
((B)) 50 percent of such remaining amount to each State in amounts that bear the same ratio of—
((i)) the average annual number of part 1 violent crimes of the Uniform Crime Reports of the Federal Bureau of Investigation reported by such State for the three most recent years reported by such State to—
((ii)) the average annual number of such crimes reported by all States for such years.
((2)) ** Minimum allocation** If carrying out paragraph (1) would result in any State receiving an allocation less than 0.25 percent of the total amount (in this paragraph referred to as a “minimum allocation State”), then paragraph (1), as so carried out, shall not apply, and the Attorney General shall instead—
((A)) allocate 0.25 percent of the total amount to each State; and
((B)) using the amount remaining after carrying out subparagraph (A), carry out paragraph (1) in a manner that excludes each minimum allocation State, including the population of and the crimes reported by such State.
((b)) ** Allocation between States and units of local government** Of the amounts allocated under subsection (a)—
((1)) 60 percent shall be for direct grants to States, to be allocated under subsection (c); and
((2)) 40 percent shall be for grants to be allocated under subsection (d).
((c)) ** Allocation for State governments**
((1)) ** In general** Of the amounts allocated under subsection (b)(1), each State may retain for the purposes described in an amount that bears the same ratio of—
((A)) total expenditures on criminal justice by the State government in the most recently completed fiscal year to—
((B)) the total expenditure on criminal justice by the State government and units of local government within the State in such year.
((2)) ** Remaining amounts** Except as provided in subsection (e)(1), any amounts remaining after the allocation required by paragraph (1) shall be made available to units of local government by the State for the purposes described in .section 10152 of this title
((d)) ** Allocations to local governments**
((1)) ** In general** Of the amounts allocated under subsection (b)(2), grants for the purposes described in shall be made directly to units of local government within each State in accordance with this subsection, subject to subsection (e).section 10152 of this title
((2)) ** Allocation**
((A)) ** In general** From the amounts referred to in paragraph (1) with respect to a State (in this subsection referred to as the “local amount”), the Attorney General shall allocate to each unit of local government an amount which bears the same ratio to such share as the average annual number of part 1 violent crimes 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 reported by all units of local government in the State in which the unit is located to the Federal Bureau of Investigation for such years.
((B)) ** Transitional rule** Notwithstanding subparagraph (A), for fiscal years 2006, 2007, and 2008, the Attorney General shall allocate the local amount to units of local government in the same manner that, under the Local Government Law Enforcement Block Grants program in effect immediately before , the reserved amount was allocated among reporting and nonreporting units of local government.January 5, 20062006-01-05
((3)) ** Annexed units** If a unit of local government in the State has been annexed since the date of the collection of the data used by the Attorney General in making allocations pursuant to this section, the Attorney General shall pay the amount that would have been allocated to such unit of local government to the unit of local government that annexed it.
((4)) ** Resolution of disparate allocations**
((A)) Notwithstanding any other provision of this part, if—
((i)) the Attorney General certifies that a unit of local government bears more than 50 percent of the costs of prosecution or incarceration that arise with respect to part 1 violent crimes reported by a specified geographically constituent unit of local government; 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 exceeds 150 percent of the amount allocated to the unit of local government certified pursuant to clause (i); or
((II)) more than one such specified geographically constituent unit of local government exceeds 400 percent of the amount allocated to the unit of local government certified pursuant to clause (i),
((B)) In this paragraph, the term “geographically constituent unit of local government” means a unit of local government that has jurisdiction over areas located within the boundaries of an area over which a unit of local government certified pursuant to clause (i) has jurisdiction.
((e)) ** Limitation on allocations to units of local government**
((1)) ** Maximum allocation** No unit of local government shall receive a total allocation under this section that exceeds such unit’s total expenditures on criminal justice services 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.
((2)) ** Allocations under $10,000** If the allocation under this section to a unit of local government is less than $10,000 for any fiscal year, the direct grant to the State under subsection (c) shall be increased by the amount of such allocation, to be distributed (for the purposes described in ) among State police departments that provide criminal justice services to units of local government and units of local government whose allocation under this section is less than $10,000.section 10152 of this title
((3)) ** Non-reporting units** No allocation under this section shall be made to a unit of local government that has not reported at least three years of data on part 1 violent crimes 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 determines, on the basis of information available during any grant period, that any allocation (or portion thereof) under this section to a State for such grant period will not be required, or that a State will be unable to qualify or receive funds under this part, or that a State chooses not to participate in the program established under this part, then such State’s allocation (or portion thereof) shall be awarded by the Attorney General to units of local government, or combinations thereof, within such State, giving priority to those jurisdictions with the highest annual number of part 1 violent crimes of the Uniform Crime Reports reported by the unit of local government 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) to Puerto Rico, 100 percent shall be for direct grants to the Commonwealth government of Puerto Rico.
((2)) ** No local allocations** Subsections (c) and (d) shall not apply to Puerto Rico.
((h)) ** Units of local government in Louisiana** In carrying out this section with respect to the State of Louisiana, the term “unit of local government” 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” shall include severe forms of trafficking in persons (as defined in ).section 7102 of title 22