42-U.S.C.-3796EE-5

42-U.S.C.-3796EE-5

§3796Ee-5 – §3796Ee-5. Payment Requirements

Pathway

Title 42 > Chapter 46 > Subchapter XII-F > Section 3796ee-5

Details

  • Reference: Section 3796ee-5
  • Legend: §3796Ee-5 – §3796Ee-5. Payment Requirements
  • USCode Year: 2011

Provision Content

(a) Timing of payments

The Attorney General shall pay to each State or specifically  qualified unit of local government that receives funds under section 3796ee–3 of this title that has submitted an application under this subchapter the amount awarded to such State or unit of local government not later than the later of—

(1) the date that is 180 days after the date that the amount is available; or

(2) the first day of the payment period if the State has provided the Attorney General with the assurances required by subsection (c) of this section.

(b) Repayment of unexpended amounts

(1) Repayment required

From amounts awarded under this subchapter, a State or specially qualified unit shall repay to the Attorney General, before the expiration of the 36-month period beginning on the date of the award, any amount that is not expended by such State or unit.

(2) Extension

The Attorney General may adopt policies and procedures providing for a one-time extension, by not more than 12 months, of the period referred to in paragraph (1).

(3) Penalty for failure to repay

If the amount required to be repaid is not repaid, the Attorney General shall reduce payment in future payment periods accordingly.

(4) Deposit of amounts repaid

Amounts received by the Attorney General as repayments under this subsection shall be deposited in a designated fund for future payments to States and specially qualified units.

(c) Administrative costs

A State or unit of local government that receives funds under this subchapter may use not more than 5 percent of such funds to pay for administrative costs.

(d) Nonsupplanting requirement

Funds made available under this subchapter to States and units of local government shall not be used to supplant State or local funds as the case may be, but shall be used to increase the amount of funds that would, in the absence of funds made available under this subchapter, be made available from State or local sources, as the case may be.

(e) Matching funds

(1) In general

The Federal share of a grant received under this subchapter may not exceed 90 percent of the total program costs.

(2) Construction of facilities

Notwithstanding paragraph (1), with respect to the cost of constructing juvenile detention or correctional facilities, the Federal share of a grant received under this subchapter may not exceed 50 percent of approved cost.

(Pub. L. 90–351, title I, §1805, as added Pub. L. 107–273, div. C, title II, §12102(a), Nov. 2, 2002, 116 Stat. 1865.)

Prior Provisions

A prior section 3796ee–5, Pub. L. 90–351, title I, §1806, as added Pub. L. 103–322, title II, §20201(a)(3), Sept. 13, 1994, 108 Stat. 1822, required each State and unit of local government to submit an annual evaluation of programs, prior to the general amendment of this subchapter by Pub.L. 107–273.

A prior section 1805 of Pub. L. 90–351 was classified to section 3796ee–4 of this title prior to the general amendment of this subchapter by Pub. L. 107–273.

U.S. Encyclopedia of Law Coverage

42-U.S.C.-3796EE-4 in the Legal Encyclopedia: Justice System

In this entry about 42-U.S.C.-3796EE-4, find legal reference material, bibliographies and premiere content related to justice system in the American Encyclopedia of Law, presenting a comprehensive view of the United States justice system-specific issues, written by authorities in the field.

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