34 USC § 40728 - Establishment of best practices for evidence retention

---
identifier: "/us/usc/t34/s40728"
source: "usc"
legal_status: "official_prima_facie"
title: "34 USC § 40728 - Establishment of best practices for evidence retention"
title_number: 34
title_name: "CRIME CONTROL AND LAW ENFORCEMENT"
section_number: "40728"
section_name: "Establishment of best practices for evidence retention"
chapter_number: 407
chapter_name: "DNA IDENTIFICATION"
subchapter_number: "II"
subchapter_name: "TRAINING, TECHNOLOGY, RESEARCH, AND EXPANDED USE"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 108–405, title IV, § 414, as added Pub. L. 114–324, § 13(a), Dec. 16, 2016, 130 Stat. 1958.)"
---


# § 40728. Establishment of best practices for evidence retention

**(a)** **In general** The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall—

**(1)** establish best practices for evidence retention to focus on the preservation of forensic evidence; and

**(2)** assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).

**(b)** **Deadline** December 16, 2016

Not later than 1 year after , the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1).

**(c)** **Limitation** Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1).

---

**Source Credit**: (Pub. L. 108–405, title IV, § 414, as added Pub. L. 114–324, § 13(a), Dec. 16, 2016, 130 Stat. 1958.)

## Editorial Notes

### Codification

Section was formerly classified to , The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.