34 U.S.C. § 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 allocating funds for the purposes under sections 12109, 12110, and 12111 of this title, the Attorney General must, from the amounts authorized under paragraph (1) for each fiscal year, distribute 50 percent for incarceration grants under section 12103, and 50 percent for incentive grants under section 12104. (B) Distribution of minimum amounts. The Attorney General must distribute minimum amounts allocated for section 12103(a) to an eligible state no later than 30 days after receiving an application showing that the state qualifies for a Violent Offender Incarceration grant or a Truth-in-Sentencing Incentive grant. (b) Limitations on funds (1) Uses of funds. Except as sections 12110 and 12111 of this title provide, funds under this section may only be used for the purposes in section 12102(a) of this title. (2) Nonsupplanting requirement. Funds under this section must not replace state funds — they must be used to increase the funds that, without federal funds, would otherwise come from state sources. (3) Administrative costs. No more than 3 percent of the funds remaining after carrying out sections 12109, 12110, and 12111 may go to the Attorney General for (A) administration; (B) research and evaluation, including assessing the effect on public safety of expanded correctional capacity and sentencing reforms; (C) technical assistance for using grant funds and implementing sentencing reforms; and (D) data collection and improving information systems on confining violent offenders and other sentencing and correctional matters. (4) Carryover of appropriations. Funds appropriated for any fiscal year under this section remain available until spent. Funds that were obligated, then unspent and deobligated, may — as appropriations acts allow — remain available for the purpose in section 12102(a)(4) for a later fiscal year. No official may delay further obligating such funds for that purpose. (5) Matching funds. The federal share of a grant under this part may not exceed 90 percent of the costs described in an approved application.