34 U.S.C. § 10498 — Definitions

Page 163 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10498 Subsec. (c)(8). Pub. L. 116–32, § 2(4)(B)(iii), inserted ‘‘, injured, or permanently disabled’’ after ‘‘killed’’. Subsec. (c)(10), (11). Pub. L. 116–32, § 2(4)(B)(iv), added pars. (10) and (11) and struck out former par. (10) which read as follows: ‘‘Technical assistance and training to support any or all of the services described in para- graphs (1), (2), (3), (4), (5), (6), (7), (8), and (9).’’ § 10494. Applications A law enforcement agency or organization de- siring to receive a grant under this subchapter shall submit to the Attorney General an appli- cation at such time, in such manner, and con- taining or accompanied by such information as the Attorney General may reasonably require. Such application shall— (1) certify that the law enforcement agency shall match all Federal funds with an equal amount of cash or in-kind goods or services from other non-Federal sources; (2) include a statement from the highest ranking law enforcement official from the State or locality or from the highest ranking official from the organization applying for the grant that attests to the need and intended use of services to be provided with grant funds; and (3) assure that the Attorney General or the Comptroller General of the United States shall have access to all records related to the re- ceipt and use of grant funds received under this subchapter. (Pub. L. 90–351, title I, § 2304, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2063.) Editorial Notes CODIFICATION Section was formerly classified to section 3796jj–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10495. Award of grants; limitation (a) Grant distribution In approving grants under this subchapter, the Attorney General shall assure an equitable dis- tribution of assistance among the States, among urban and rural areas of the United States, and among urban and rural areas of a State. (b) Duration The Attorney General may award a grant each fiscal year, not to exceed $100,000 to a State or local law enforcement agency or $250,000 to a law enforcement organization for a period not to exceed 5 years. In any application from a State or local law enforcement agency or organization for a grant to continue a program for the sec- ond, third, fourth, or fifth fiscal year following the first fiscal year in which a grant was award- ed to such agency, the Attorney General shall review the progress made toward meeting the objectives of the program. The Attorney General may refuse to award a grant if the Attorney General finds sufficient progress has not been made toward meeting such objectives, but only after affording the applicant notice and an op- portunity for reconsideration. (c) Limitation Not more than 5 percent of grant funds re- ceived by a State or a local law enforcement agency or organization may be used for adminis- trative purposes. (Pub. L. 90–351, title I, § 2305, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2063.) Editorial Notes CODIFICATION Section was formerly classified to section 3796jj–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10496. Discretionary research grants The Attorney General may reserve 10 percent of funds to award research grants to a State or local law enforcement agency or organization to study issues of importance in the law enforce- ment field as determined by the Attorney Gen- eral. (Pub. L. 90–351, title I, § 2306, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2064.) Editorial Notes CODIFICATION Section was formerly classified to section 3796jj–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10497. Reports A State or local law enforcement agency or or- ganization that receives a grant under this sub- chapter shall submit to the Attorney General an annual report that includes— (1) program descriptions; (2) the number of staff employed to admin- ister programs; (3) the number of individuals who partici- pated in programs; and (4) an evaluation of the effectiveness of grant programs. (Pub. L. 90–351, title I, § 2307, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2064.) Editorial Notes CODIFICATION Section was formerly classified to section 3796jj–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10498. Definitions For purposes of this subchapter— (1) the term ‘‘family-friendly policy’’ means a policy to promote or improve the morale and well being of law enforcement personnel and their families; and (2) the term ‘‘law enforcement personnel’’ means individuals employed by Federal, State, and local law enforcement agencies. (Pub. L. 90–351, title I, § 2308, as added Pub. L. 103–322, title XXI, § 210201(a)(3), Sept. 13, 1994, 108 Stat. 2064.) Editorial Notes CODIFICATION Section was formerly classified to section 3796jj–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 164 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10511 1 So in original. The period probably should be a semicolon. SUBCHAPTER XXIII—DNA IDENTIFICATION GRANTS § 10511. Grant authorization The Attorney General may make funds avail- able under this subchapter to States and units of local government, or combinations thereof, to carry out all or a substantial part of a program or project intended to develop or improve the capability to analyze deoxyribonucleic acid (re- ferred to in this subchapter as ‘‘DNA’’) in a fo- rensic laboratory. (Pub. L. 90–351, title I, § 2401, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2401 of Pub. L. 90–351 was renumbered section 2601 and is classified to section 10541 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 103–322, title XXI, § 210302(c)(4), Sept. 13, 1994, 108 Stat. 2068, provided that: ‘‘The amendments made by this section [enacting this subchapter and amending sections 10152, 10154, 10261, and 10541 of this title] shall take effect on the date that is 60 days after the date of enactment of this Act [Sept. 13, 1994].’’ § 10512. Applications To request a grant under this subchapter, the chief executive officer of a State or unit of local government shall submit an application in such form as the Attorney General may require. (Pub. L. 90–351, title I, § 2402, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10513. Application requirements No grant may be made under this subchapter unless an application has been submitted to the Attorney General in which the applicant cer- tifies that— (1) DNA analyses performed at the labora- tory will satisfy or exceed then current stand- ards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation under section 12591 of this title.1 (2) DNA samples obtained by and DNA anal- yses performed at the laboratory shall be made available only— (A) to criminal justice agencies for law en- forcement identification purposes; (B) in judicial proceedings, if otherwise ad- missible pursuant to applicable statutes or rules; (C) for criminal defense purposes, to a de- fendant, who shall have access to samples and analyses performed in connection with the case in which the defendant is charged; or (D) if personally identifiable information is removed, for a population statistics data- base, for identification research and protocol development purposes, or for quality control purposes; and (3) the laboratory and each analyst per- forming DNA analyses at the laboratory shall undergo semiannual external proficiency test- ing by a DNA proficiency testing program that meets the standards issued under section 12591 of this title. (Pub. L. 90–351, title I, § 2403, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066; amended Pub. L. 106–546, § 8(b), Dec. 19, 2000, 114 Stat. 2735.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2000—Par. (3). Pub. L. 106–546 substituted ‘‘semi- annual’’ for ‘‘, at regular intervals not exceeding 180 days,’’. § 10514. Administrative provisions (a) Regulation authority The Attorney General may promulgate guide- lines, regulations, and procedures, as necessary to carry out the purposes of this subchapter, in- cluding limitations on the number of awards made during each fiscal year, the submission and review of applications, selection criteria, and the extension or continuation of awards. (b) Award authority The Attorney General shall have final author- ity over all funds awarded under this sub- chapter. (c) Technical assistance To assist and measure the effectiveness and performance of programs and activities funded under this subchapter, the Attorney General may provide technical assistance as required. (Pub. L. 90–351, title I, § 2404, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2066.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10515. Restrictions on use of funds (a) Federal share The Federal share of a grant, contract, or co- operative agreement made under this sub-