---
kind: "section"
citation: "34 U.S.C. § 10108"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "10108"
heading: "Availability of funds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/10108"
units:
  - "Subtitle I — Comprehensive Acts"
  - "Chapter 101 — Justice System Improvement"
  - "Subchapter I — Office of Justice Programs"
---

# §10108. Availability of funds

- (a) **Period for awarding grant funds—**
  - (1) **In general—** Unless otherwise specifically provided in an authorization, DOJ grant funds for a fiscal year shall remain available to be awarded and distributed to a grantee only in that fiscal year and the three succeeding fiscal years, subject to paragraphs [(2)](#a-2) and [(3)](#a-3). DOJ grant funds not so awarded and distributed shall revert to the Treasury.
  - (2) **Treatment of reprogrammed funds—** DOJ grant funds for a fiscal year that are reprogrammed in a later fiscal year shall be treated for purposes of [paragraph (1)](#a-1) as DOJ grant funds for such later fiscal year.
  - (3) **Treatment of deobligated funds—** If DOJ grant funds were obligated and then deobligated, the period of availability that applies to those grant funds under [paragraph (1)](#a-1) shall be extended by a number of days equal to the number of days from the date on which those grant funds were obligated to the date on which those grant funds were deobligated.
- (b) **Period for expending grant funds—** DOJ grant funds for a fiscal year that have been awarded and distributed to a grantee may be expended by that grantee only in the period permitted under the terms of the grant. DOJ grant funds not so expended shall be deobligated.
- (c) **Definition—** In this section, the term “DOJ grant funds” means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year.
- (d) **Applicability—** This section applies to DOJ grant funds for fiscal years beginning with fiscal year 2006.

## Source credit

(Pub. L. 90–351, title I, § 108, as added Pub. L. 109–162, title XI, § 1161(a), Jan. 5, 2006, 119 Stat. 3118; amended Pub. L. 109–271, § 8(g), Aug. 12, 2006, 120 Stat. 767.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 3712g of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

### Amendments

2006—Subsec. (b). Pub. L. 109–271 substituted “be deobligated” for “revert to the Treasury”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 109–162, title XI, § 1161(b), Jan. 5, 2006, 119 Stat. 3118, as amended by Pub. L. 109–271, § 8(n)(4)(B), Aug. 12, 2006, 120 Stat. 768, provided that: “This section [enacting this section] and the amendment made by this section take effect on October 1, 2006.”