
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13706]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
         CHAPTER 136--VIOLENT CRIME CONTROL AND LAW ENFORCEMENT
 
                          SUBCHAPTER I--PRISONS
 
Part A--Violent Offender Incarceration and Truth-in-Sentencing Incentive 
                                 Grants
 
Sec. 13706. Formula for grants


(a) Allocation of violent offender incarceration grants under section 
        13703

                       (1) Formula allocation

        85 percent of the amount available for grants under section 
    13703 of this title for any fiscal year shall be allocated as 
    follows (except that a State 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 that meets 
        the requirements of section 13703(a) of this title, except that 
        the United States Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands, if eligible under 
        section 13703(a) of this title, shall each be allocated 0.05 
        percent.
            (B) The amount remaining after application of subparagraph 
        (A) shall be allocated to each State that meets the requirements 
        of section 13703(b) of this title, in the ratio that the number 
        of part 1 violent crimes reported by such State 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 reported by all States that meet 
        the requirements of section 13703(b) of this title 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 
    13703 of this title for any fiscal year shall be allocated to each 
    State that meets the requirements of section 13703(c) of this title 
    as follows:
            (A) 3.0 percent shall be allocated to each State that meets 
        the requirements of section 13703(c) of this title, 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) shall be allocated to each State that meets the requirements 
        of section 13703(c) of this title, in the ratio that the number 
        of part 1 violent crimes reported by such State 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 reported by all States that meet 
        the requirements of section 13702(c) of this title 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 13704

    The amounts available for grants for section 13704 of this title 
shall be allocated to each State that meets the requirements of section 
13704 of this title in the ratio that the average annual number of part 
1 violent crimes reported by such State 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 reported by States that meet the requirements of section 
13704 of this title to the Federal Bureau of Investigation for the 3 
years preceding the year in which the determination is made, except that 
a State 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 in any State is 
substantially inaccurate or is unavailable for the 3 years preceding the 
year in which the determination is made, the Attorney General shall 
utilize the best available comparable data regarding the number of 
violent crimes for the previous year for the State for the purposes of 
allocation of funds under this part.

(d) Regional compacts

    In determining the amount of funds that States organized as a 
regional compact may receive, the Attorney General shall first apply the 
formula in either subsection (a) or (b) and (c) of this section to each 
member State of the compact. The States organized as a regional compact 
may receive the sum of the amounts so determined.

(Pub. L. 103-322, title II, Sec. 20106, as added Pub. L. 104-134, title 
I, Sec. 101[(a)] [title I, Sec. 114(a)], Apr. 26, 1996, 110 Stat. 1321, 
1321-18; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996, 
110 Stat. 1327.)


                            Prior Provisions

    A prior section 13706, Pub. L. 103-322, title II, Sec. 20106, Sept. 
13, 1994, 108 Stat. 1818, related to technical assistance and training 
prior to the general amendment of this part by Pub. L. 104-134.

                  Section Referred to in Other Sections

    This section is referred to in sections 13705, 14214 of this title.
