34 U.S.C. § 10565 — Administrative provisions

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. Page 178 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10566 1 So in original. The word ‘‘to’’ probably should not appear. § 10566. Reports (a) Reports to Attorney General For each fiscal year for which a grant is awarded under this subchapter, each State or unit of local government that receives such a grant shall submit to the Attorney General a re- port, at such time and in such manner as the At- torney General may reasonably require, which report shall include— (1) a summary and assessment of the pro- gram carried out with the grant, which shall include a comparison of pre-grant and post- grant forensic science capabilities; (2) the average number of days between sub- mission of a sample to a forensic science lab- oratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency; (3) an identification of the number and type of cases currently accepted by the laboratory; (4) the progress of any unaccredited forensic science service provider receiving grant funds toward obtaining accreditation; and (5) such other information as the Attorney General may require. (b) Reports to Congress Not later than 90 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report, which shall in- clude— (1) the aggregate amount of grants awarded under this subchapter for that fiscal year; and (2) a summary of the information provided under subsection (a). (Pub. L. 90–351, title I, § 2806, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2790; amended Pub. L. 107–273, div. B, title V, § 5001(b)(5), Nov. 2, 2002, 116 Stat. 1814; Pub. L. 114–324, § 9(a)(4), Dec. 16, 2016, 130 Stat. 1955.) Editorial Notes CODIFICATION Section was formerly classified to section 3797o of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2016—Subsec. (a)(4), (5). Pub. L. 114–324 added par. (4) and redesignated former par. (4) as (5). 2002—Subsec. (a). Pub. L. 107–273, § 5001(b)(5)(A), in- serted ‘‘or unit of local government’’ after ‘‘each State’’ in introductory provisions. Subsec. (a)(1). Pub. L. 107–273, § 5001(b)(5)(B), inserted ‘‘, which shall include a comparison of pre-grant and post-grant forensic science capabilities’’ before semi- colon at end. Subsec. (a)(3), (4). Pub. L. 107–273, § 5001(b)(5)(C)–(E), added par. (3) and redesignated former par. (3) as (4). SUBCHAPTER XXVIII—MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO INCARCERATION PROGRAMS Editorial Notes CODIFICATION Pub. L. 114–255, div. B, title XIV, § 14013, Dec. 13, 2016, 130 Stat. 1298, substituted ‘‘MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO INCARCER- ATION PROGRAMS’’ for ‘‘PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PRO- GRAM’’ in subchapter heading. § 10581. Repealed. Pub. L. 115–391, title V, § 504(g)(2), Dec. 21, 2018, 132 Stat. 5234 Section, Pub. L. 90–351, title I, § 2901, as added Pub. L. 114–255, div. B, title XIV, § 14013, Dec. 13, 2016, 130 Stat. 1298, related to mental health and drug treatment al- ternatives to incarceration programs. Section was formerly classified to section 3797q of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. A prior section 2901 of title I of Pub. L. 90–351, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 672, authorized the Attorney General to make grants for qualified drug treatment programs as alter- natives to imprisonment, prior to repeal by Pub. L. 114–255, div. B, title XIV, § 14013, Dec. 13, 2016, 130 Stat. 1298. SUBCHAPTER XXIX—GRANTS FOR FAMILY- BASED SUBSTANCE ABUSE TREATMENT § 10591. Grants authorized The Attorney General may make grants to States, units of local government, territories, nonprofit organizations, and Indian Tribes to— (1) develop, implement, and expand com- prehensive and clinically-appropriate family- based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; and (2) to 1 provide prison-based family treat- ment programs for incarcerated parents of minor children or pregnant women. (Pub. L. 90–351, title I, § 2921, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 674; amended Pub. L. 114–198, title II, § 201(c)(1), July 22, 2016, 130 Stat. 714; Pub. L. 115–391, title V, § 502(b)(1), Dec. 21, 2018, 132 Stat. 5228.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (1). Pub. L. 115–391 inserted ‘‘nonprofit or- ganizations,’’ before ‘‘and Indian’’ in introductory pro- visions. 2016—Par. (2). Pub. L. 114–198 inserted before period at end ‘‘or pregnant women’’. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2008 AMENDMENT For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amend- ments, see section 60504 of this title. § 10592. Use of grant funds Grants made to an entity under section 10591 of this title for a program described in such sec- tion may be used for— (1) the development, implementation, and expansion of prison-based family treatment programs in correctional facilities for incar-