34 U.S.C. § 12106 — Formula for grants

(a) Allocation of violent offender incarceration grants under section 12103
(1) Formula allocation. 85 percent of the amount available for section 12103 grants in a fiscal year is allocated as follows (except that a state^* may not receive more than 9 percent of the total funds under this paragraph):
(A) 0.75 percent goes to each state meeting section 12103(a)'s requirements — except the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, if eligible, each get 0.05 percent instead.
(B) The amount remaining after (A) goes to each state meeting section 12103(b)'s requirements, in the ratio that its number of part 1 violent crimes reported to the FBI over the preceding 3 years bears to the average annual number reported by all states meeting section 12103(b), over that same period.
(2) Additional allocation. 15 percent of the amount available for section 12103 grants in a fiscal year goes to each state meeting section 12103(c)'s requirements, as follows:
(A) 3.0 percent goes to each such state — except the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, if eligible, each get 0.03 percent instead.
(B) The amount remaining after (A) is allocated to each state meeting section 12103(c)'s requirements, in the ratio that its number of part 1 violent crimes reported to the FBI over the preceding 3 years bears to the average annual number reported by all states meeting the requirements of section 12102(c), over that same period.

(b) Allocation of truth-in-sentencing grants under section 12104
Amounts available for section 12104 grants are allocated to each state meeting section 12104's requirements, in the ratio of its average annual reported part 1 violent crimes over the preceding 3 years to the total average across all qualifying states, except that a state may not receive more than 25 percent of the total available for such grants.

(c) Unavailable data
If a state's part 1 violent crime^* data for the preceding 3 years is substantially inaccurate or unavailable, the Attorney General must use the best available comparable data on violent crimes for the previous year for that state instead.

(d) Regional compacts
For a regional compact, the Attorney General first applies the formula in subsection (a), or in subsections (b) and (c), to each member state individually. The compact then receives the sum of those individually determined amounts.