Short title

This Act may be cited as the

Debbie Smith Reauthorization Act of 2008

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.

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.

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.

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.

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.

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).

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.

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).

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.