Use of grants

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: Subject to subsections (c) and (d), a grant awarded for the purpose set forth in subsection (a)(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). 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— Not more than 10 percent of the total amount of a grant awarded under this subchapter may be used for administrative expenses. For purposes of this section, a backlog in the analysis of forensic science evidence exists if such evidence—