34 U.S.C. § 10515 — Restrictions on use of funds

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- Page 165 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10531 1 So in original. Probably should be ‘‘under’’. chapter may not exceed 75 percent of the total costs of the project described in the application submitted for the fiscal year for which the project receives assistance. (b) Administrative costs A State or unit of local government may not use more than 10 percent of the funds it receives from 1 this subchapter for administrative ex- penses. (Pub. L. 90–351, title I, § 2405, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10516. Reports Each State or unit of local government which receives a grant under this subchapter shall sub- mit to the Attorney General, for each year in which funds from a grant received under this subchapter is expended, a report at such time and in such manner as the Attorney General may reasonably require which contains— (1) a summary of the activities carried out under the grant and an assessment of whether such activities are meeting the needs identi- fied in the application submitted under sec- tion 10512 of this title; and (2) such other information as the Attorney General may require. (Pub. L. 90–351, title I, § 2406, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067; amended Pub. L. 112–189, § 2(a), Oct. 5, 2012, 126 Stat. 1435.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2012—Pub. L. 112–189 struck out subsec. (a) designa- tion and heading ‘‘Reports to Attorney General’’ before ‘‘Each State’’ and struck out subsec. (b) which required the Attorney General to submit reports to Congress on grant amounts and activities. § 10517. Expenditure records (a) Records Each State or unit of local government which receives a grant under this subchapter shall keep records as the Attorney General may re- quire to facilitate an effective audit. (b) Access The Attorney General, the Comptroller Gen- eral, or their designated agents shall have ac- cess, for the purpose of audit and examination, to any books, documents, and records of States and units of local government which receive grants made under this subchapter if, in the opinion of the Attorney General, the Comp- troller General, or their designated agents, such books, documents, and records are related to the receipt or use of any such grant. (Pub. L. 90–351, title I, § 2407, as added Pub. L. 103–322, title XXI, § 210302(c)(1)(C), Sept. 13, 1994, 108 Stat. 2067.) Editorial Notes CODIFICATION Section was formerly classified to section 3796kk–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XXIV—MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS § 10530. Patrick Leahy Bulletproof Vest Partner- ship Grant Program The program under this subchapter shall be known as the ‘‘Patrick Leahy Bulletproof Vest Partnership Grant Program’’. (Pub. L. 90–351, title I, § 2500, as added Pub. L. 116–18, § 1(b), May 23, 2019, 133 Stat. 869.) § 10531. Program authorized (a) In general The Director of the Bureau of Justice Assist- ance is authorized to make grants to States, units of local government, and Indian tribes to purchase armor vests for use by State, local, and tribal law enforcement officers and State and local court officers. (b) Uses of funds Grants awarded under this section shall be— (1) distributed directly to the State, unit of local government, State or local court, or In- dian tribe; and (2) used for the purchase of armor vests for law enforcement officers in the jurisdiction of the grantee. (c) Preferential consideration In awarding grants under this subchapter, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that— (1) has the greatest need for armor vests based on the percentage of law enforcement of- ficers in the department who do not have ac- cess to a vest; (2) has, or will institute, a mandatory wear policy that requires on-duty law enforcement officers to wear armor vests whenever feasible; (3) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; and (4) provides armor vests to law enforcement officers that are uniquely fitted for such offi- cers, including vests uniquely fitted to indi- vidual female law enforcement officers; or (5) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading ‘‘Violent Crime Reduction Programs, State and Local Law En- forcement Assistance’’ of the Departments of Commerce, Justice, and State, the Judiciary,