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34 U.S.C. § 12108 — Authorization of appropriations

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12108 — Authorization of appropriations

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Stable record: federal_law:legal_authorities:record_usc_9f3b30dd312878c002f5a2f3
Source file: Laws/federal/codes/united-states-code/title-34/section-12108-authorization-of-appropriations--850fa3b483.md
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Source location: Title 34, Chapter 121, § 12108; chapter-121-violent-crime-control-and-law-enforcement.md

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**(a) In general** (1) **Authorizations** — There are authorized to be appropriated to carry out this part— (A) $997,500,000 for fiscal year 1996; (B) $1,330,000,000 for fiscal year 1997; (C) $2,527,000,000 for fiscal year 1998; (D) $2,660,000,000 for fiscal year 1999; and (E) $2,753,100,000 for fiscal year 2000. (2) **Distribution** (A) *In general* — Of the amounts remaining after the allocation of funds for the purposes set forth under sections 12110, 12111, and 12109 of this title, the Attorney General shall, from amounts authorized to be appropriated under paragraph (1) for each fiscal year, distribute 50 percent for incarceration grants under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim), and 50 percent for incentive grants under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim). (B) *Distribution of minimum amounts* — The Attorney General shall distribute minimum amounts allocated for [section 12103(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103/a&num=0&edition=prelim) to an eligible State not later than 30 days after receiving an application that demonstrates that such State qualifies for a Violent Offender Incarceration grant under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12103&num=0&edition=prelim) or a Truth-in-Sentencing Incentive grant under [section 12104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12104&num=0&edition=prelim). **(b) Limitations on funds** (1) **Uses of funds** — Except as provided in section 11 So in original. Probably should be “sections”. 12110 and 12111 of this title, funds made available pursuant to this section shall be used only to carry out the purposes described in [section 12102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12102/a&num=0&edition=prelim). (2) **Nonsupplanting requirement** — Funds made available pursuant to this section shall not be used to supplant State funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State sources. (3) **Administrative costs** — Not more than 3 percent of the funds that remain available after carrying out sections 12109, 12110, and 12111 of this title shall be available to the Attorney General for purposes of— (A) administration; (B) research and evaluation, including assessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms implemented pursuant to this part; (C) technical assistance relating to the use of grant funds, and development and implementation of sentencing reforms implemented pursuant to this part; and (D) data collection and improvement of information systems relating to the confinement of violent offenders and other sentencing and correctional matters. (4) **Carryover of appropriations** — Funds appropriated pursuant to this section during any fiscal year shall remain available until expended. Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may 22 So in original. Probably should be followed by “be”. provided in appropriations Acts, for the purpose described in [section 12102(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12102/a/4&num=0&edition=prelim) for any subsequent fiscal year. The further obligation of such funds by an official for such purpose shall not be delayed, directly or indirectly, in any manner by any officer or employee in the executive branch. (5) **Matching funds** — The Federal share of a grant received under this part may not exceed 90 percent of the costs of a proposal as described in an application approved under this part.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 60504 — Addressing the needs of children of incarcerated parents

**(a) Best practices** (1) **In general** — From amounts made available to carry out this section, the Attorney General may collect data and develop best practices of State corrections departments and child protection agencies relating to the communication and coordination between such State departments and agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children. (2) **Contents** — The best practices developed under paragraph (1) shall include information related to policies, procedures, and programs that may be used by States to address— (A) maintenance of the parent-child bond during incarceration; (B) parental self-improvement; and (C) parental involvement in planning for the future and well-being of their children. **(b) Dissemination to States** Not later than 1 year after the development of best practices described in subsection (a), the Attorney General shall disseminate to States and other relevant entities such best practices. **(c) Sense of Congress** It is the sense of Congress that States and other relevant entities should use the best practices developed and disseminated in accordance with this section to evaluate and improve the communication and coordination between State corrections departments and child protection agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 60504

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12104 — Truth-in-sentencing incentive grants

**(a) Eligibility** To be eligible to receive a grant award under this section, a State shall submit an application to the Attorney General that demonstrates that— (1) (A) such State has implemented truth-in-sentencing laws that— (i) require persons convicted of a part 1 violent crime to serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or (ii) result in persons convicted of a part 1 violent crime serving on average not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); (B) such State has truth-in-sentencing laws that have been enacted, but not yet implemented, that require such State, not later than 3 years after such State submits an application to the Attorney General, to provide that persons convicted of a part 1 violent crime serve not less than 85 percent of the sentence imposed (without counting time not actually served, such as administrative or statutory incentives for good behavior); or (C) in the case of a State that on April 26, 1996, practices indeterminate sentencing with regard to any part 1 violent crime— (i) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the prison term established under the State’s sentencing and release guidelines; or (ii) persons convicted of a part 1 violent crime on average serve not less than 85 percent of the maximum prison term allowed under the sentence imposed by the court (not counting time not actually served such as administrative or statutory incentives for good behavior); and (2) such State has provided assurances that it will follow

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12104

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 13708 — Transferred

### Statutory Notes #### Codification Section 13708 was editorially reclassified as [section 12108 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12108&num=0&edition=prelim), Crime Control and Law Enforcement.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 13708

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12103 — Violent offender incarceration grants

**(a) Eligibility for minimum grant** To be eligible to receive a minimum grant under this section, a State shall submit an application to the Attorney General that provides assurances that the State has implemented, or will implement, correctional policies and programs, including truth-in-sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time deemed necessary to protect the public. **(b) Additional amount for increased percentage of persons sentenced and time served** A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has, since 1993— (1) increased the percentage of persons arrested for a part 1 violent crime sentenced to prison; or (2) increased the average prison time actually served or the average percent of sentence served by persons convicted of a part 1 violent crime. Receipt of grant amounts under this subsection does not preclude eligibility for a grant under subsection (c). **(c) Additional amount for increased rate of incarceration and percentage of sentence served** A State that received a grant under subsection (a) is eligible to receive additional grant amounts if such State demonstrates that the State has— (1) since 1993, increased the percentage of persons arrested for a part 1 violent crime sentenced to prison, and has increased the average percent of sentence served by persons convicted of a part 1 violent crime; or (2) has increased by 10 percent or m

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12103

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12110 — Payments to eligible States for incarceration of criminal aliens

**(a) In general** The Attorney General shall make a payment to each State which is eligible under section 1252(j) 11 See References in Text note below. of title 8 in such amount as is determined under section 1252(j) 1 of title 8, and for which payment is not made to such State for such fiscal year under such section. **(b) Authorization of appropriations** Notwithstanding any other provision of this part, there are authorized to be appropriated to carry out this section from amounts authorized under [section 12108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12108&num=0&edition=prelim), an amount which when added to amounts appropriated to carry out section 1252(j) 1 of title 8 for fiscal year 1996 equals $500,000,000 and for each of the fiscal years 1997 through 2000 does not exceed $650,000,000. **(c) Administration** The amounts appropriated to carry out this section shall be reserved from the total amount appropriated for each fiscal year and shall be added to the other funds appropriated to carry out section 1252(j) 1 of title 8 and administered under such section. **(d) Report to Congress** Not later than May 15, 1999, the Attorney General shall submit a report to the Congress which contains the recommendation of the Attorney General concerning the extension of the program under this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12110

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12111 — Support of Federal prisoners in non-Federal institutions

**(a) In general** The Attorney General may make payments to States and units of local government for the purposes authorized in [section 4013 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section4013&num=0&edition=prelim). **(b) Authorization of appropriations** Notwithstanding any other provision of this part other than [section 12108(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12108/a/2&num=0&edition=prelim), there are authorized to be appropriated from amounts authorized under [section 12108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section12108&num=0&edition=prelim) for each of fiscal years 1996 through 2000 such sums as may be necessary to carry out this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 12111

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 12108 — Authorization of appropriations

Page 313 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12108 1 So in original. Probably should be ‘‘sections’’. 2 So in original. Probably should be followed by ‘‘be’’. (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.) Editorial Notes CODIFICATION Section was formerly classified to section 13706 of Title 42, The Public Health and Welfare, prior to edi- torial 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 sub- title A of title II of Pub. L. 103–322 by Pub. L. 104–134. § 12107. Accountability (a) Fiscal requirements A State that receives funds under this part shall use accounting, audit, and fiscal proce- dures that conform to guidelines prescribed by the Attorney General, and shall ensure that any funds used to carry out the programs under sec- tion 12102(a) of this title shall represent the best value for the State governments at the lowest possible cost and employ the best available tech- nology. (b) Administrative provisions The administrative provisions of sections 10221 and 10222 of this title shall apply to the Attor- ney General under this part in the same manner that such provisions apply to the officials listed in such sections. (Pub. L. 103–322, title II, § 20107, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–19; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) Editorial Notes CODIFICATION Section was fo

Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 12108

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