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Code · STATUTE-COMPILATIONS · Violent Crime Control and Law Enforcement Act of 1994 · Sec. 210302

Sec. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES

1,679 words·~8 min read·/statute-compilations/comps-10824/sec-210302

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## SEC. 210302 FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES ###
(a)Drug Control and System Improvement Grant Program Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by section 150003, is amended— ####
(1)by striking “and” at the end of paragraph (23); ####
(2)by striking the period at the end of paragraph
(24)and inserting “; and”; and ####
(3)by adding at the end the following new paragraph: > > #### “(25) > > developing or improving in a forensic laboratory a capability to analyze deoxyribonucleic acid (hereinafter in this title referred to as ‘DNA’) for identification purposes.” > . ###
(b)State Applications Section 503(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is amended by adding at the end the following new paragraph: > > #### “(12) > > If any part of funds received from a grant made under this part is to be used to develop or improve a DNA analysis capability in a forensic laboratory, a certification that— > > > ##### “(A) > > DNA analyses performed at such laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994; > > > ##### “(B) > > DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only— > > > ###### “(i) > > to criminal justice agencies for law enforcement identification purposes; > > > ###### “(ii) > > in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules; > > > ###### “(iii) > > for criminal defense purposes, to a defendant, who shall have access to samples and analyses performed in connection with the case in which such defendant is charged; or > > > ###### “(iv) > > if personally identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and > > > ##### “(C) > > such laboratory, and each analyst performing DNA analyses at such laboratory, will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under section 210303 of the DNA Identification Act of 1994.” > . ###
(c)DNA Identification Grants ####
(1)In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(a), is amended— #####
(A)by redesignating part X as part Y; #####
(B)by redesignating section 2401 as section 2501; and #####
(C)by inserting after part W the following new part: > > ### “PART X DNA IDENTIFICATION GRANTS > > > ## “SEC. 2401 GRANT AUTHORIZATION > > “The Attorney General may make funds available under this part 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 (referred to in this part as ‘DNA’) in a forensic laboratory. > > > ## “SEC. 2402 APPLICATIONS > > “To request a grant under this part, 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. > > > ## “SEC. 2403 APPLICATION REQUIREMENTS > > “No grant may be made under this part unless an application has been submitted to the Attorney General in which the applicant certifies that— > > > #### “(1) > > DNA analyses performed at the laboratory will satisfy or exceed then current standards for a quality assurance program for DNA analysis issued by the Director of the Federal Bureau of Investigation under section 210303 of the DNA Identification Act of 1994. > > > #### “(2) > > DNA samples obtained by and DNA analyses performed at the laboratory shall be made available only— > > > ##### “(A) > > to criminal justice agencies for law enforcement identification purposes; > > > ##### “(B) > > in judicial proceedings, if otherwise admissible pursuant to applicable statutes or rules; > > > ##### “(C) > > for criminal defense purposes, to a defendant, 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 database, for identification research and protocol development purposes, or for quality control purposes; and > > > #### “(3) > > the laboratory and each analyst performing DNA analyses at the laboratory shall undergo, at regular intervals not exceeding 180 days, external proficiency testing by a DNA proficiency testing program that meets the standards issued under section 210303 of the DNA Identification Act of 1994. > > > ## “SEC. 2404 ADMINISTRATIVE PROVISIONS > > > ### “(a) Regulation Authority > > The Attorney General may promulgate guidelines, regulations, and procedures, as necessary to carry out the purposes of this part, including 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 authority over all funds awarded under this part. > > > ### “(c) Technical Assistance > > To assist and measure the effectiveness and performance of programs and activities funded under this part, the Attorney General may provide technical assistance as required. > > > ## “SEC. 2405 RESTRICTIONS ON USE OF FUNDS > > > ### “(a) Federal Share > > The Federal share of a grant, contract, or cooperative agreement made under this part 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 this part for administrative expenses. > > > ## “SEC. 2406 REPORTS > > > ### “(a) Reports to Attorney General > > Each State or unit of local government which receives a grant under this part shall submit to the Attorney General, for each year in which funds from a grant received under this part 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 identified in the application submitted under section 2402; and > > > #### “(2) > > such other information as the Attorney General may require. > > > ### “(b) Reports to Congress > > Not later than 90 days after the end of each fiscal year for which grants are made under this part, the Attorney General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report that includes— > > > #### “(1) > > the aggregate amount of grants made under this part to each State or unit of local government for such fiscal year; and > > > #### “(2) > > a summary of the information provided in compliance with subsection (a)(1). > > > ## “SEC. 2407 EXPENDITURE RECORDS > > > ### “(a) Records > > Each State or unit of local government which receives a grant under this part shall keep records as the Attorney General may require to facilitate an effective audit. > > > ### “(b) Access > > The Attorney General, the Comptroller General, or their designated agents shall have access, 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 part if, in the opinion of the Attorney General, the Comptroller General, or their designated agents, such books, documents, and records are related to the receipt or use of any such grant.” > . ####
(2)Table of contents The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 210201(b), is amended by striking the matter relating to part X and inserting the following:" “Part X—DNA Identification Grants “Sec. 2401. Grant authorization. “Sec. 2402. Applications. “Sec. 2403. Application requirements. “Sec. 2404. Administrative provisions. “Sec. 2405. Restrictions on use of funds. “Sec. 2406. Reports. “Sec. 2407. Expenditure records. “Part Y—Transition-Effective Date-Repealer “Sec. 2501. Continuation of rules, authorities, and proceedings.” ". ####
(3)Authorization of appropriations Section 1001 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 210201(c), is amended— #####
(A)in paragraph
(3)by striking “and W” and inserting “W, and X”; and #####
(B)adding at the end the following new paragraph: > > #### “(22) > > There are authorized to be appropriated to carry out part X— > > > #### “(1) > > $1,000,000 for fiscal year 1996; > > > #### “(2) > > $3,000,000 for fiscal year 1997; > > > #### “(3) > > $5,000,000 for fiscal year 1998; > > > #### “(4) > > $13,500,000 for fiscal year 1999; and > > > #### “(5) > > $17,500,000 for fiscal year 2000.” > . ####
(4)Effective date **[**[34 U.S.C. 10511 note](/us/usc/t34/s10511)**]** The amendments made by this section shall take effect on the date that is 60 days after the date of enactment of this Act.
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cites case law
Sec. 210302
FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTIFICATION PURPOSES
U.S.C.§ 3751
U.S.C.§ 3753
U.S.C.§ 3711
U.S.C.§ 3793
U.S.C.§ 10511
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