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 formerly classified to section 13707 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 20107 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, related to evaluation of pro- grams prior to the general amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. § 12108. Authorization of appropriations (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 alloca- tion 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 para- graph (1) for each fiscal year, distribute 50 percent for incarceration grants under sec- tion 12103 of this title, and 50 percent for in- centive grants under section 12104 of this title. (B) Distribution of minimum amounts The Attorney General shall distribute minimum amounts allocated for section 12103(a) of this title to an eligible State not later than 30 days after receiving an applica- tion that demonstrates that such State qualifies for a Violent Offender Incarcer- ation grant under section 12103 of this title or a Truth-in-Sentencing Incentive grant under section 12104 of this title. (b) Limitations on funds (1) Uses of funds Except as provided in section 1 12110 and 12111 of this title, funds made available pursu- ant to this section shall be used only to carry out the purposes described in section 12102(a) of this title. (2) Nonsupplanting requirement Funds made available pursuant to this sec- tion 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 re- main 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 as- sessment of the effect on public safety and other effects of the expansion of correctional capacity and sentencing reforms imple- mented pursuant to this part; (C) technical assistance relating to the use of grant funds, and development and imple- mentation of sentencing reforms imple- mented pursuant to this part; and (D) data collection and improvement of in- formation systems relating to the confine- ment of violent offenders and other sen- tencing 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 subse- quently unspent and deobligated, may remain available, to the extent as may 2 provided in appropriations Acts, for the purpose described in section 12102(a)(4) of this title for any subse- quent 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 ex- ecutive branch. (5) Matching funds The Federal share of a grant received under this part may not exceed 90 percent of the Page 314 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12109 1 So in original. Probably should be capitalized. costs of a proposal as described in an applica- tion approved under this part. (Pub. L. 103–322, title II, § 20108, 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; amended Pub. L. 110–199, title I, § 104(b), Apr. 9, 2008, 122 Stat. 669.) Editorial Notes CODIFICATION Section was formerly classified to section 13708 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. PRIOR PROVISIONS A prior section 20108 of Pub. L. 103–322, title II, Sept. 13, 1994, 108 Stat. 1818, defined terms prior to the gen- eral amendment of subtitle A of title II of Pub. L. 103–322 by Pub. L. 104–134. AMENDMENTS 2008—Subsec. (b)(4). Pub. L. 110–199 inserted at end ‘‘Funds obligated, but subsequently unspent and deobligated, may remain available, to the extent as may provided in appropriations Acts, for the purpose described in section 13702(a)(4) of this title for any sub- sequent fiscal year. The further obligation of such funds by an official for such purpose shall not be de- layed, directly or indirectly, in any manner by any offi- cer or employee in the executive branch.’’ Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2008 AMENDMENT For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amend- ments, see section 60504 of this title. § 12109. Payments for incarceration on tribal lands (a) Reservation of funds Notwithstanding any other provision of this part, of amounts made available to the Attorney General to carry out programs relating to of- fender incarceration, the Attorney General shall reserve $35,000,000 for each of fiscal years 2011 through 2015 to carry out this section. (b) Grants to Indian tribes (1) In general From the amounts reserved under subsection (a), the Attorney General shall provide grants— (A) to Indian tribes for purposes of— (i) construction and maintenance of jails on Indian land for the incarceration of of- fenders subject to tribal jurisdiction; (ii) entering into contracts with private entities to increase the efficiency of the construction of tribal jails; and (iii) developing and implementing alter- natives to incarceration in tribal jails; (B) to Indian tribes for the construction of tribal justice centers that combine tribal po- lice, courts, and corrections services to ad- dress violations of tribal civil and criminal laws; (C) to consortia of Indian tribes for pur- poses of constructing and operating regional detention centers on Indian land for long- term incarceration of offenders subject to tribal jurisdiction, as the applicable consor- tium determines to be appropriate. (2) Priority of funding in 1 providing grants under this subsection, the Attorney General shall take into consider- ation applicable— (A) reservation crime rates; (B) annual tribal court convictions; and (C) bed space needs. (3) Federal share Because of the Federal nature and responsi- bility for providing public safety on Indian land, the Federal share of the cost of any ac- tivity carried out using a grant under this sub- section shall be 100 percent. (c) Applications To be eligible to receive a grant under this section, an Indian tribe or consortium of Indian tribes, as applicable, shall submit to the Attor- ney General an application in such form and containing such information as the Attorney General may by regulation require. (d) Long-term plan Not later than 1 year after July 29, 2010, the Attorney General, in coordination with the Bu- reau of Indian Affairs and in consultation with tribal leaders, tribal law enforcement officers, and tribal corrections officials, shall submit to Congress a long-term plan to address incarcer- ation in Indian country, including— (1) a description of proposed activities for— (A) construction, operation, and mainte- nance of juvenile (in accordance with section 2453(a)(3) of title 25) and adult detention fa- cilities (including regional facilities) in In- dian country; (B) contracting with State and local deten- tion centers, on approval of the affected tribal governments; and (C) alternatives to incarceration, devel- oped in cooperation with tribal court sys- tems; (2) an assessment and consideration of the construction of Federal detention facilities in Indian country; and (3) any other alternatives as the Attorney General, in coordination with the Bureau of Indian Affairs and in consultation with Indian tribes, determines to be necessary. (Pub. L. 103–322, title II, § 20109, as added Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–20; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327; amended Pub. L. 111–211, title II, § 244, July 29, 2010, 124 Stat. 2294.) Editorial Notes CODIFICATION Section was formerly classified to section 13709 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.