§10564 — Title 34 Navy | U.S. Code

Summary

If a State or local government gets a grant, it must spend the money to do one or more of these things: make forensic science and medical examiner services better and faster across the State; clear backlogs in testing many types of evidence (for example, firearms, fingerprints, toxicology, digital files, pathology, and controlled substances); hire, train, and help lab staff and death investigators to cut those backlogs; work on new forensic problems and technologies; train forensic pathologists; and help medical examiner and coroner offices become accredited and their investigators certified. Money used to improve services can only pay for program costs like buildings, staff, computers, equipment, supplies, accreditation, education, and training. It cannot pay for regular police work or non-forensic investigations. Limits apply to building costs: if a State’s grant is no more than 0.6% of the year’s total funds, up to 80% of that grant may pay for a new facility. If the grant is larger than 0.6%, then up to 80% of the part up to 0.6% may go to a new facility and up to 40% of the amount above 0.6% may go to a new facility. No more than 10% of a grant may be used for administrative expenses. A backlog means evidence has been stored but not fully tested because the lab or office lacks money or staff.

Title 34, §10564

Navy — Source: USLM XML via OLRC

(a)A State or unit of local government that receives 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 evidence, toxicology, digital evidence, fire evidence, controlled substances, forensic pathology, questionable documents, and trace evidence.

(3)To train, assist, and employ forensic laboratory personnel and medicolegal death investigators, 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 forensic science technology (such as high throughput automation, statistical software, and new types of instrumentation).

(5)To educate and train forensic pathologists.

(6)To fund medicolegal death investigation systems to facilitate accreditation of medical examiner and coroner offices and certification of medicolegal death investigators.

(b)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, computerization, equipment, supplies, accreditation and certification, education, and training; and

(2)may not be used for any general law enforcement or nonforensic investigatory function.

(c)(1)With respect to a State that receives a grant under this subchapter (including grants received 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 described in subsection (a).

(2)With respect to a State that receives a grant under this subchapter in an amount that exceeds 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 percent may be used for the costs of any new facility constructed as part of a program described in subsection (a).

(d)Not more than 10 percent of the total amount of a grant awarded under this subchapter may be used for administrative expenses.

(e)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 enforcement storage facility, or medical facility; and

(2)has not been subjected to all appropriate forensic testing because of a lack of resources or personnel.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3797m of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2016—Subsec. (a)(2). Pub. L. 114–324, § 9(a)(3)(A), inserted “impression evidence,” after “latent prints,” and “digital evidence, fire evidence,” after “toxicology,”. Subsec. (a)(3). Pub. L. 114–324, § 9(a)(3)(B), inserted “and medicolegal death investigators” after “laboratory 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), substituted “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), inserted “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 government within a State)” after “under this subchapter”.

§10564 Use of Grants

Summary

Title 34, §10564

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata