--- kind: "section" citation: "34 U.S.C. § 12106" title: "34" title_heading: "Crime Control and Law Enforcement" number: "12106" heading: "Formula for grants" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/34/12106" units: - "Subtitle I — Comprehensive Acts" - "Chapter 121 — Violent Crime Control and Law Enforcement" - "Subchapter I — Prisons" - "Part A — Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants" --- # §12106. Formula for grants - (a) **Allocation of violent offender incarceration grants under section 12103—** - (1) **Formula allocation—** 85 percent of the amount available for grants under [section 12103 of this title](/usc/34/12103.md) for any fiscal year shall be allocated as follows (except that a [State](/usc/34/11103.md?p=7) may not receive more than 9 percent of the total amount of funds made available under this paragraph): - (A) 0.75 percent shall be allocated to each [State](/usc/34/11103.md?p=7) that meets the requirements of [section 12103(a) of this title](/usc/34/12103.md?p=a), except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under [section 12103(a) of this title](/usc/34/12103.md?p=a), shall each be allocated 0.05 percent. - (B) The amount remaining after application of [subparagraph (A)](#a-1-A) shall be allocated to each [State](/usc/34/11103.md?p=7) that meets the requirements of [section 12103(b) of this title](/usc/34/12103.md?p=b), in the ratio that the number of [part 1 violent crimes](/usc/34/12101.md?p=2) reported by such [State](/usc/34/11103.md?p=7) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) reported by all [States](/usc/34/11103.md?p=7) that meet the requirements of [section 12103(b) of this title](/usc/34/12103.md?p=b) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. - (2) **Additional allocation—** 15 percent of the amount available for grants under [section 12103 of this title](/usc/34/12103.md) for any fiscal year shall be allocated to each [State](/usc/34/11103.md?p=7) that meets the requirements of [section 12103(c) of this title](/usc/34/12103.md?p=c) as follows: - (A) 3.0 percent shall be allocated to each [State](/usc/34/11103.md?p=7) that meets the requirements of [section 12103(c) of this title](/usc/34/12103.md?p=c), except that the United States Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, if eligible under such subsection, shall each be allocated 0.03 percent. - (B) The amount remaining after application of [subparagraph (A)](#a-2-A) shall be allocated to each [State](/usc/34/11103.md?p=7) that meets the requirements of [section 12103(c) of this title](/usc/34/12103.md?p=c), in the ratio that the number of [part 1 violent crimes](/usc/34/12101.md?p=2) reported by such [State](/usc/34/11103.md?p=7) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, bears to the average annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) reported by all [States](/usc/34/11103.md?p=7) that meet the requirements of [section 12102(c) of this title](/usc/34/12102.md?p=c) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made. - (b) **Allocation of truth-in-sentencing grants under section 12104—** The amounts available for grants for [section 12104 of this title](/usc/34/12104.md) shall be allocated to each [State](/usc/34/11103.md?p=7) that meets the requirements of [section 12104 of this title](/usc/34/12104.md) in the ratio that the average annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) reported by such [State](/usc/34/11103.md?p=7) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made bears to the average annual number of [part 1 violent crimes](/usc/34/12101.md?p=2) reported by [States](/usc/34/11103.md?p=7) that meet the requirements of [section 12104 of this title](/usc/34/12104.md) to the Federal Bureau of Investigation for the 3 years preceding the year in which the determination is made, except that a [State](/usc/34/11103.md?p=7) may not receive more than 25 percent of the total amount available for such grants. - (c) **Unavailable data—** If data regarding [part 1 violent crimes](/usc/34/12101.md?p=2) in any [State](/usc/34/11103.md?p=7) is substantially inaccurate or is unavailable for the 3 years preceding the year in which the determination is made, the [Attorney General](/usc/34/10307.md?p=1) shall utilize the best available comparable data regarding the number of [violent crimes](/usc/34/11103.md?p=27) for the previous year for the [State](/usc/34/11103.md?p=7) for the purposes of allocation of funds under this part. - (d) **Regional compacts—** In determining the amount of funds that [States](/usc/34/11103.md?p=7) organized as a regional compact may receive, the [Attorney General](/usc/34/10307.md?p=1) shall first apply the formula in either subsection [(a)](#a) or [(b)](#b) and [(c)](#c) of this section to each member [State](/usc/34/11103.md?p=7) of the compact. The [States](/usc/34/11103.md?p=7) organized as a regional compact may receive the sum of the amounts so determined. ## Source credit (Pub. L. 103–322, title II, § 20106, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–18; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) ## Notes ### Editorial Notes ### Codification Section was formerly classified to section 13706 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. ### Prior Provisions A prior section 20106 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to technical assistance and training prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134.