34 U.S.C. § 10564 — Use of grants

Page 176 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10563 Par. (1). Pub. L. 107–273, § 5001(b)(2)(B), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘a certification that the State has developed a consolidated State plan for forensic science labora- tories operated by the State or by other units of local government within the State under a program de- scribed in section 3797m(a) of this title, and a specific description of the manner in which the grant will be used to carry out that plan;’’. Par. (2). Pub. L. 107–273, § 5001(b)(2)(C), inserted ‘‘or appropriate certifying bodies’’ after ‘‘accrediting orga- nizations’’. Par. (3). Pub. L. 107–273, § 5001(b)(2)(D), inserted ‘‘for a State or local plan’’ after ‘‘program’’. § 10563. Allocation (a) In general (1) Population allocation Eighty-five percent of the amount made available to carry out this subchapter in each fiscal year shall be allocated to each State that meets the requirements of section 10562 of this title so that each State shall receive an amount that bears the same ratio to the 85 percent of the total amount made available to carry out this subchapter for that fiscal year as the population of the State bears to the population of all States. (2) Discretionary allocation Fifteen percent of the amount made avail- able to carry out this subchapter in each fiscal year shall be allocated pursuant to the Attor- ney General’s discretion for competitive awards to States and units of local govern- ment. In making awards under this sub- chapter, the Attorney General shall consider the average annual number of part 1 violent crimes reported by each State to the Federal Bureau of Investigation for the 3 most recent calendar years for which data is available and consider the existing resources and current needs of the potential grant recipient. (3) Minimum requirement Each State shall receive not less than 1 per- cent of the amount made available to carry out this subchapter in each fiscal year. (4) Proportional reduction If the amounts available to carry out this subchapter in each fiscal year are insufficient to pay in full the total payment that any State is otherwise eligible to receive under paragraph (3), then the Attorney General shall reduce payments under paragraph (1) for such payment period to the extent of such insuffi- ciency. Reductions under the preceding sen- tence shall be allocated among the States (other than States whose payment is deter- mined under paragraph (3)) in the same pro- portions as amounts would be allocated under paragraph (1) without regard to paragraph (3). (b) State defined In this section, the term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Com- monwealth of the Northern Mariana Islands, ex- cept that— (1) for purposes of the allocation under this section, American Samoa and the Common- wealth of the Northern Mariana Islands shall be considered as 1 State; and (2) for purposes of paragraph (1), 67 percent of the amount allocated shall be allocated to American Samoa, and 33 percent shall be allo- cated to the Commonwealth of the Northern Mariana Islands. (Pub. L. 90–351, title I, § 2803, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2788; amended Pub. L. 107–273, div. B, title V, § 5001(b)(3), Nov. 2, 2002, 116 Stat. 1814; Pub. L. 114–324, § 9(a)(2), Dec. 16, 2016, 130 Stat. 1955.) Editorial Notes CODIFICATION Section was formerly classified to section 3797l of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–324, § 9(a)(2)(A), sub- stituted ‘‘Eighty-five percent’’ for ‘‘Seventy-five per- cent’’ and ‘‘85 percent’’ for ‘‘75 percent’’. Subsec. (a)(2). Pub. L. 114–324, § 9(a)(2)(B), substituted ‘‘Fifteen percent’’ for ‘‘Twenty-five percent’’. Subsec. (a)(3). Pub. L. 114–324, § 9(a)(2)(C), substituted ‘‘1 percent’’ for ‘‘0.6 percent’’. 2002—Subsec. (a)(2). Pub. L. 107–273 substituted ‘‘for competitive awards to States and units of local govern- ment. In making awards under this subchapter, the At- torney General shall consider the average annual num- ber of part 1 violent crimes reported by each State to the Federal Bureau of Investigation for the 3 most re- cent calendar years for which data is available and con- sider the existing resources and current needs of the potential grant recipient’’ for ‘‘to States with above av- erage rates of part 1 violent crimes based on the aver- age annual number of part 1 violent crimes reported by such State to the Federal Bureau of Investigation for the 3 most recent calendar years for which such data is available’’. § 10564. Use of grants (a) In general A State or unit of local government that re- ceives a grant under this subchapter shall use the grant to do any one or more of the following: (1) To carry out all or a substantial part of a program intended to improve the quality and timeliness of forensic science or medical examiner services in the State, including such services provided by the laboratories operated by the State and those operated by units of local government within the State. (2) To eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, impression evi- dence, toxicology, digital evidence, fire evi- dence, controlled substances, forensic pathol- ogy, questionable documents, and trace evi- dence. (3) To train, assist, and employ forensic lab- oratory personnel and medicolegal death in- vestigators, as needed, to eliminate such a backlog. (4) To address emerging forensic science issues (such as statistics, contextual bias, and uncertainty of measurement) and emerging fo- rensic science technology (such as high throughput automation, statistical software, and new types of instrumentation). (5) To educate and train forensic patholo- gists. Page 177 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10565 (6) To fund medicolegal death investigation systems to facilitate accreditation of medical examiner and coroner offices and certification of medicolegal death investigators. (b) Permitted categories of funding Subject to subsections (c) and (d), a grant awarded for the purpose set forth in subsection (a)(1)— (1) may only be used for program expenses relating to facilities, personnel, computeriza- tion, equipment, supplies, accreditation and certification, education, and training; and (2) may not be used for any general law en- forcement or nonforensic investigatory func- tion. (c) Facilities costs (1) States receiving minimum grant amount With respect to a State that receives a grant under this subchapter (including grants re- ceived by units of local government within a State) in an amount that does not exceed 0.6 percent of the total amount made available to carry out this subchapter for a fiscal year, not more than 80 percent of the total amount of the grant may be used for the costs of any new facility constructed as part of a program de- scribed in subsection (a). (2) Other States With respect to a State that receives a grant under this subchapter in an amount that ex- ceeds 0.6 percent of the total amount made available to carry out this subchapter for a fiscal year— (A) not more than 80 percent of the amount of the grant up to that 0.6 percent may be used for the costs of any new facility constructed as part of a program described in subsection (a); and (B) not more than 40 percent of the amount of the grant in excess of that 0.6 per- cent may be used for the costs of any new fa- cility constructed as part of a program de- scribed in subsection (a). (d) Administrative costs Not more than 10 percent of the total amount of a grant awarded under this subchapter may be used for administrative expenses. (e) Backlog defined For purposes of this section, a backlog in the analysis of forensic science evidence exists if such evidence— (1) has been stored in a laboratory, medical examiner’s office, coroner’s office, law en- forcement storage facility, or medical facility; and (2) has not been subjected to all appropriate forensic testing because of a lack of resources or personnel. (Pub. L. 90–351, title I, § 2804, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2789; amended Pub. L. 107–273, div. B, title V, § 5001(b)(4), Nov. 2, 2002, 116 Stat. 1814; Pub. L. 108–405, title III, § 311(a), Oct. 30, 2004, 118 Stat. 2276; Pub. L. 114–324, § 9(a)(3), Dec. 16, 2016, 130 Stat. 1955.) Editorial Notes CODIFICATION Section was formerly classified to section 3797m of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2016—Subsec. (a)(2). Pub. L. 114–324, § 9(a)(3)(A), in- serted ‘‘impression evidence,’’ after ‘‘latent prints,’’ and ‘‘digital evidence, fire evidence,’’ after ‘‘toxi- cology,’’. Subsec. (a)(3). Pub. L. 114–324, § 9(a)(3)(B), inserted ‘‘and medicolegal death investigators’’ after ‘‘labora- tory personnel’’. Subsec. (a)(4) to (6). Pub. L. 114–324, § 9(a)(3)(C), added pars. (4) to (6). 2004—Subsec. (a). Pub. L. 108–405, § 311(a)(1), sub- stituted ‘‘shall use the grant to do any one or more of the following: ‘‘(1) To carry out’’ for ‘‘shall use the grant to carry out’’ and added pars. (2) and (3). Subsec. (b). Pub. L. 108–405, § 311(a)(2), substituted ‘‘for the purpose set forth in subsection (a)(1)’’ for ‘‘under this subchapter’’ in introductory provisions. Subsec. (e). Pub. L. 108–405, § 311(a)(3), added subsec. (e). 2002—Subsec. (a). Pub. L. 107–273, § 5001(b)(4)(A), in- serted ‘‘or unit of local government’’ after ‘‘A State’’. Subsec. (c)(1). Pub. L. 107–273, § 5001(b)(4)(B), inserted ‘‘(including grants received by units of local govern- ment within a State)’’ after ‘‘under this subchapter’’. § 10565. Administrative provisions (a) Regulations The Attorney General may promulgate such guidelines, regulations, and procedures as may be necessary to carry out this subchapter, in- cluding guidelines, regulations, and procedures relating to the submission and review of applica- tions for grants under section 10562 of this title. (b) Expenditure records (1) Records Each State, or unit of local government within the State, that receives a grant under this subchapter shall maintain such records as the Attorney General may require to facilitate an effective audit relating to the receipt of the grant, or the use of the grant amount. (2) Access The Attorney General and the Comptroller General of the United States, or a designee thereof, shall have access, for the purpose of audit and examination, to any book, docu- ment, or record of a State, or unit of local government within the State, that receives a grant under this subchapter, if, in the deter- mination of the Attorney General, Comp- troller General, or designee thereof, the book, document, or record is related to the receipt of the grant, or the use of the grant amount. (Pub. L. 90–351, title I, § 2805, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2790.) Editorial Notes CODIFICATION Section was formerly classified to section 3797n of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section.