---
kind: "section"
citation: "34 U.S.C. § 40728"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "40728"
heading: "Establishment of best practices for evidence retention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/40728"
units:
  - "Subtitle IV — Criminal Records and Information"
  - "Chapter 407 — Dna Identification"
  - "Subchapter II — Training, Technology, Research, and Expanded Use"
---

# §40728. Establishment of best practices for evidence retention

- (a) **In general—** The Director of the National Institute of Justice, in consultation with Federal, [State](/usc/34/40104.md?p=11), 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](/usc/34/40104.md?p=11), local, and tribal governments in adopting and implementing the best practices established under [paragraph (1)](#a-1).
- (b) **Deadline—** Not later than 1 year after December 16, 2016, the Director of the National Institute of Justice shall publish the best practices established under [subsection (a)(1)](#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)](#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.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 14136f of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.