[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 889

  To eliminate the backlog in performing DNA analyses of DNA samples 
 collected from convicted child sex offenders, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 25, 2003

Mr. King of New York introduced the following bill; which was referred 
                   to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To eliminate the backlog in performing DNA analyses of DNA samples 
 collected from convicted child sex offenders, 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 ``Convicted Child Sex Offender DNA 
Index System Support Act''.

SEC. 2. ELIMINATION OF CHILD SEX OFFENDER DNA BACKLOG.

    (a) Development of Plan.--
            (1) In general.--Not later than 45 days after the date of 
        the enactment of this Act, the Director of the Federal Bureau 
        of Investigation, after consultation with representatives of 
        the States and of appropriate Federal agencies, shall develop a 
        plan to assist States in performing DNA analyses of DNA samples 
        collected from convicted child sex offenders.
            (2) Objective.--The objective of the plan developed under 
        paragraph (1) shall be to effectively eliminate the backlog of 
        convicted child sex offender DNA samples awaiting analysis in 
        State or local forensic laboratory storage, including samples 
        that need to be reanalyzed using upgraded methods, in an 
        efficient, expeditious manner that will provide for the entry 
        of those analyses into the combined DNA Indexing System 
        (CODIS).
            (3) Preference in funding.--In providing assistance to 
        States under the plan, the Director shall give a preference in 
        assistance to those States that have developed a comprehensive 
        program for the DNA analysis of crime scene evidence in 
        casework for which there are no suspects.
    (b) Plan Conditions.--The plan developed under subsection (a) shall 
require the following:
            (1) That the Director of the Federal Bureau of 
        Investigation--
                    (A) establish requirements for the performance of 
                DNA analyses by private forensic laboratories, 
                including quality assurance standards, state-of-the-art 
                testing methods, and other requirements that the 
                Director considers appropriate; and
                    (B) determine which private forensic laboratories 
                satisfy the requirements established pursuant to 
                subparagraph (A).
            (2) That a laboratory may perform DNA analyses under the 
        plan only if it is a private forensic laboratory determined 
        under paragraph (1)(B) to satisfy the requirements established 
        pursuant to paragraph (1)(A).
            (3) That the Director of the Federal Bureau of 
        Investigation provide assistance under the plan only pursuant 
        to arrangements with private forensic laboratories that have 
        been determined under paragraph (1)(B) to satisfy the 
        requirements established pursuant to paragraph (1)(A).
            (4) That under each such arrangement--
                    (A) the Director shall determine, for each State to 
                which assistance is provided under the plan, the 
                quantity of convicted child sex offender DNA samples 
                awaiting analysis in that State on which the laboratory 
                shall perform DNA analysis;
                    (B) the laboratory shall perform those DNA 
                analyses; and
                    (C) the Director shall, on behalf of that State, 
                provide funding to the laboratory to cover the costs of 
                those DNA analyses.
            (5) That each DNA sample collected and analyzed under the 
        plan be accessible 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 such defendant is 
                charged; or
                    (D) for validation studies and protocol development 
                purposes, if personally identifiable information is 
                removed.
            (6) That for any State in any fiscal year, upon the 
        performance of all DNA analyses required to be performed by 
        paragraph (4)(B) in that fiscal year, any funds provided to 
        that State under this section for that fiscal year but not yet 
        expended may be used by the State for the performance of DNA 
        analyses of other forensic DNA samples awaiting analysis in 
        that State.
    (c) Implementation of Plan.--Subject to the availability of 
appropriations under subsection (d), the Director of the Federal Bureau 
of Investigation shall implement the plan developed pursuant to 
subsection (a) with States that elect to participate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation to 
carry out this section $25,000,000 for each of fiscal years 2003, 2004, 
and 2005.
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