[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5057 Reference Change Senate (RCS)]
110th CONGRESS
2d Session
H. R. 5057
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2008
Received
August 1, 2008
Read twice and referred to the Committee on Health, Education, Labor,
and Pensions
September 8, 2008
Committee discharged; referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To reauthorize the Debbie Smith DNA Backlog Grant Program, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debbie Smith Reauthorization Act of
2008''.
SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
(a) Amendments.--Section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (3) through (5) as
paragraphs (4) through (6), respectively;
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) To carry out, for inclusion in such Combined DNA
Index System, DNA analyses of samples from missing or
unidentified persons, including samples from the remains,
personal effects, or biological relatives of such persons.'';
(C) in paragraph (4) (as redesignated by
subparagraph (A)), by striking ``paragraph (1) or (2)''
and inserting ``paragraph (1), (2), or (3)''; and
(D) in paragraph (5) (as so redesignated), by
striking ``in paragraph (1)'' and inserting ``in
paragraphs (1) and (3)'';
(2) in subsection (b)--
(A) in paragraph (6), by striking ``and'' after the
semicolon;
(B) in paragraph (7), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(8) provide assurances that the State or unit of local
government has implemented, or will implement not later than 2
years after the date of such application, a process under which
the State or unit, respectively, provides for the collection,
for purposes of inclusion in the Combined DNA Index System of
the Federal Bureau of Investigation, of DNA samples from all
felons who are imprisoned in a prison of such State or unit,
respectively, (including all felons imprisoned in such prison
or unit, respectively, as of the date of the enactment of the
Debbie Smith Reauthorization Act of 2008).'';
(3) in subsection (c)(3)--
(A) by striking subparagraphs (A) through (D);
(B) by redesignating subparagraph (E) as
subparagraph (A); and
(C) by inserting after subparagraph (A) (as so
redesignated) the following new subparagraph:
``(B) For each of the fiscal years 2010 through
2014, not less than 40 percent of the grant amounts
shall be awarded for purposes under subsection (a)(2)
of this section.''; and
(4) by amending subsection (j) to read as follows:
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General for grants under subsection (a)--
``(1) $151,000,000 for fiscal year 2009; and
``(2) $200,000,000 for each of the fiscal years 2010
through 2014.''.
(b) Effective Date.--The amendments made by paragraph (2) of
subsection (a) shall apply to grants made on or after January 1, 2009.
SEC. 3. STUDY TO ASSESS THE DNA ANALYSIS BACKLOG.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite the funding provided for more than 5 fiscal
years by the Federal Government to assist in the reduction of
the DNA analysis backlog, the backlog continues to exist in
many crime laboratories around the country;
(2) as a consequence of the continuance of the DNA analysis
backlog, many violent crimes that could be solved remain
unsolved, and individuals who have been wrongfully convicted
who could be determined to be innocent through DNA testing
remain in prison; and
(3) the causes of the DNA analysis backlog are complex and
require a thorough and detailed study.
(b) Study Required.--The National Academy of Sciences shall, in
consultation with no fewer than 3 forensic science practitioners from
States and units of local government, conduct a study to determine the
resources and other requirements necessary to eliminate the DNA
analysis backlog and to prevent such a backlog from reoccurring after
it has been eliminated.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the National Academy of Sciences shall submit to
the Attorney General and to Congress a report on the results of the
study conducted under subsection (b).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 2009.
SEC. 4. INCENTIVES FOR PERMANENT STATE-GENERATED DNA FUNDING STREAMS.
(a) Matching Funds.--For each fiscal year beginning after the date
of the enactment of this Act, each eligible DNA funding State, with
respect to a funding mechanism described in subsection (b) implemented
by such State, shall be eligible for Federal matching funds to carry
out such mechanism in an amount determined to be appropriate by the
Attorney General.
(b) Eligible DNA Funding States Described.--For purposes of this
section, the term ``eligible DNA funding State'' means a State that
demonstrates to the satisfaction of the Attorney General that the State
has implemented (and applies) a permanent funding mechanism that
generates funds, whether by fees or penalties, that are allocated by
the State only for purposes of the analysis of DNA samples for law
enforcement purposes.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary
for each of the fiscal years 2009 through 2013.
SEC. 5. EVALUATION OF DNA INTEGRITY AND SECURITY.
(a) Evaluation.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Attorney General
shall evaluate the integrity and security of DNA collection and storage
practices and procedures at a sample of crime laboratories in the
United States to determine the extent to which DNA samples are tampered
with or are otherwise contaminated in crime laboratories. Such sample
shall be a representative sample of crime laboratories in the United
States.
(b) Report.--The Attorney General shall annually report to Congress
the findings of the evaluation conducted under subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of the
fiscal years 2009 through 2015.
SEC. 6. INCENTIVES FOR STATES TO COLLECT DNA SAMPLES FROM INDIVIDUALS
ARRESTED FOR OR CHARGED WITH MURDER AND SEX CRIMES.
(a) In General.--In the case of a State that receives funds for a
fiscal year under subpart 1 of part E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 and that has an implemented
enhanced State DNA collection process for such year, the amount of
funds that would otherwise be allocated for that fiscal year to the
State under such subpart shall be increased by 10 percent.
(b) Enhanced State DNA Collection Process Defined.--For purposes of
this section, the term ``enhanced State DNA collection process'' means,
with respect to a State, a process under which the State provides for
the collection, for purposes of inclusion in the Combined DNA Index
System of the Federal Bureau of Investigation, of DNA samples from the
following individuals who are at least 18 years of age:
(1) Such individuals who are arrested for or charged with a
criminal offense under State law that consists of murder or
voluntary manslaughter or any attempt to commit murder or
voluntary manslaughter.
(2) Such individuals who are arrested for or charged with a
criminal offense under State law that has an element involving
a sexual act or sexual contact with another and that is
punishable by imprisonment for more than 1 year, or an attempt
to commit such an offense.
(3) Such individuals who are arrested for or charged with a
criminal offense under State law that consists of a specified
offense against a minor (as defined in section 111(7) of the
Sex Offender Registration and Notification Act (42 U.S.C.
16911(7))), or an attempt to commit such an offense.
The expungement requirements under section 210304(d) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any
samples collected pursuant to this section for purposes of inclusion in
the Combined DNA Index System.
(c) Effective Date.--The provisions of this section shall apply to
grants made on or after the date of the enactment of this Act.
(d) Authorization of Appropriations.--There is authorized to be
appropriated, in addition to funds made available under section 508 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3758), such sums as may be necessary to carry out this section for each
of the fiscal years 2009 through 2013.
SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGATIONS AND PROSECUTIONS
RELATED TO CODIS ``HITS''.
(a) Study.--The Inspector General of the Department of Justice
shall carry out a study on--
(1) the number of instances in which DNA samples that are
matched with samples included in the Combined DNA Index System
database of the Federal Bureau of Investigation that are
followed up on by appropriate law enforcement entities;
(2) the number of such matches described in paragraph (1)
that are brought to the attention of a prosecutor;
(3) the number of the investigations described in paragraph
(2) that result in a trial; and
(4) in the case of matches described in paragraph (1) that
were not followed up on by appropriate law enforcement
entities, were not brought to the attention of a prosecutor, or
did not result in a trial--
(A) the reasons why such matches were not pursued
accordingly; and
(B) the resulting impact on the criminal justice
system, including whether other crimes were committed
that could have been prevented if such matches had been
pursued accordingly.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Inspector General shall submit to Congress a
report on the study under subsection (a).
SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY BOARD.
(a) Establishment.--The Attorney General shall establish the
National DNA Index System Advisory Board (in this section referred to
as the ``NDIS Advisory Board'' to develop and, if appropriate,
periodically revise standards and requirements for the use of and
access to the index described in section 210304(a) of the DNA
Identification Act of 1994 (42 U.S.C. 14132(a)).
(b) Membership.--Not later than 30 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall appoint members to the NDIS Advisory Board as
follows:
(1) At least 4 directors of State or local forensic
laboratories.
(2) One representative from the Federal Bureau of
Investigation.
(3) One representative from the Scientific Working Group on
DNA Analysis Methods.
(4) One representative from the Office of Legal Policy of
the Department of Justice.
(5) One representative from the National Institute of
Justice.
(6) One representative from the National Academies of
Science.
(7) One State or local prosecutor.
(8) One criminal defense attorney.
(9) One representative from the National Institute of
Standards and Technology.
(10) One member of the academic community who specializes
in DNA privacy issues.
(11) One crime victim or crime victim advocate.
(12) One representative of a State police agency.
(13) One representative of a local police agency.
(c) Application of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.), other than section 14 of such Act, shall apply to the
NDIS Advisory Board.
(d) Notice, Comment, and Publication.--The Attorney General shall
provide for public notice and comment for each standard developed under
this section and for publication of each such standard.
(e) Pay and Reimbursement.--
(1) No compensation for members of ndis advisory board.--
Except as provided in paragraph (2), a member of the NDIS
Advisory Board may not receive pay, allowances, or benefits by
reason of their service on the Board.
(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence under
subchapter I of chapter 57 of title 5, United States Code.
(f) Quality Assurance Standards.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the NDIS Advisory Board shall
develop (and provide recommendations to the Director of the
Federal Bureau of Investigation on) standards governing the use
of and access to the index described in subsection (a). The
NDIS Advisory Board shall periodically update such standards as
appropriate. The standards shall provide for the expedited
uploading into such index by State and local forensic
laboratories of DNA analyses of samples obtained from persons
convicted of crimes, including such analyses processed by
private forensic laboratories.
(2) Consideration of additional proposals to expedite
processing and uploading of dna samples.--Not later than one
year after the date of the enactment of this Act, the NDIS
Advisory Board shall also provide recommendations to the
Director of the Federal Bureau of Investigation on the
following:
(A) The feasibility and desirability of entering
into agreements with private forensic laboratories to
enable direct access to the Combined DNA Index System
of the Federal Bureau of Investigation for the purpose
of uploading DNA analyses of samples obtained from
persons convicted of crimes.
(B) The feasibility and desirability of providing
for more limited technical review audits of DNA
analyses of samples prior to uploading such data into
the Combined DNA Index System.
(C) The feasibility and desirability of permitting
greater participation in the technical review of DNA
analyses of samples by contractor personnel.
(D) The feasibility and desirability of allowing
immediate upload of DNA profiles obtained from crime
scene samples and rape kits.
(3) Issuance of policies, procedures, and standards.--The
Director of the Federal Bureau of Investigation, with the
approval of the Attorney General, after taking into
consideration the recommended policies, procedures, and
standards recommended by the NDIS Advisory Board under this
section shall issue (and revise from time to time) policies,
procedures, and standards relating to the administration of the
National DNA Index System including, standards for quality
assurance, testing the proficiency of forensic laboratories,
and forensic analysts, in conducting analyses of DNA.
(g) Exclusivity of Policies, Procedures, and Standards.--The
policies, procedures, and standards issued under subsection (f)(3)
shall be the exclusive policies, procedures, and standards issued with
respect to State, local, and private laboratories that participate in
the National DNA Index System. Polices, procedures, laboratory audit
requirements, standards, and any other manner of regulation or control
(other than any condition imposed pursuant to a grant awarded through
the Department of Justice) may not be inconsistent with, or expand upon
provisions contained in such approved policies, procedures, or
standards.
SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS.
(a) In General.--The Attorney General shall establish a grant
program under which the Attorney General may make grants to States and
units of local government to purchase forensic DNA technology or to
improve such technology.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $50,000,000 for each of the fiscal years 2009 through 2013
to carry out subsection (a).
SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA-RELATED GRANT PROGRAMS.
(a) DNA Training and Education for Law Enforcement, Correctional
Personnel, and Court Officers.--Section 303(b) of the Justice For All
Act of 2004 (42 U.S.C. 14136(b)) is amended by striking ``2009'' and
inserting ``2014''.
(b) Sexual Assault Forensic Exam Program Grants.--Section 304(c) of
such Act (42 U.S.C. 14136a(c)) is amended by striking ``2009'' and
inserting ``2014''.
(c) DNA Research and Development.--Section 305(c) of such Act (42
U.S.C. 14136b(c)) is amended by striking ``2009'' and inserting
``2014''.
(d) DNA Identification of Missing Persons.--Section 308(c) of such
Act (42 U.S.C. 14136d(c)) is amended by striking ``2009'' and inserting
``2014''.
Passed the House of Representatives July 14, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.
By Robert F. Reeves,
Deputy Clerk.