110 HR 5057 RH: Amend the title so as to read:
U.S. House of Representatives
2008-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.This Act may be cited as the
Debbie Smith Reauthorization Act of
2008
.
2.Reauthorization
of the Debbie Smith DNA Backlog Grant ProgramSection 2 of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135) is amended—
(1)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
(2)by amending
subsection (j) to read as follows:
(j)Authorization of
appropriationsThere are
authorized to be appropriated to the Attorney General for grants under
subsection (a) of this section $151,000,000 for each of the fiscal years 2009
through
2014.
.
1.This Act may be cited as the
Debbie Smith Reauthorization Act of
2008
.
2.Reauthorization of the
Debbie Smith DNA Backlog Grant Program
(a)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
appropriationsThere 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)The amendments made by paragraph (2) of
subsection (a) shall apply to grants made on
or after January 1, 2009.
3.Study to assess the DNA
analysis backlog
(a)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)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)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
appropriationsThere is authorized to be appropriated to carry
out this section $2,000,000 for fiscal year 2009.
4.Incentives for permanent
State-generated DNA funding streams
(a)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 describedFor 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
appropriationsThere 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.
5.Evaluation of DNA
integrity and security
(a)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)The
Attorney General shall annually report to Congress the findings of the
evaluation conducted under
subsection (a).
(c)Authorization of
appropriationsThere is authorized to be appropriated to carry
out this section $10,000,000 for each of the fiscal years 2009 through
2015.
6.Incentives for States to
collect DNA samples from individuals arrested for or charged with murder and
sex crimes
(a)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 definedFor 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 individuals who are at least 18 years of age
and who are arrested for or charged with a criminal offense under State law
that consists of—
(1)murder or voluntary
manslaughter or any attempt to commit murder or voluntary manslaughter;
or
(2)an element involving a sexual act or sexual
contact with another, any other criminal offense that is 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)The provisions of this
section shall apply to grants made on or after the date of the enactment of
this Act.
(d)Authorization of
appropriationsThere 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.
7.Additional study and
report on investigations and prosecutions related to CODIS
hits
(a)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)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).
8.National DNA Index
System Advisory Board
(a)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)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)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
publicationThe Attorney
General shall provide for public notice and comment for each standard developed
under this section and for publication of each such standard.
(e)
(1)No compensation for
members of NDIS Advisory BoardExcept 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)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)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
samplesNot 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 standardsThe 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 standardsThe 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.
9.DNA technology
enhancement grants
(a)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
appropriationsThere 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
officersSection 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 grantsSection 304(c) of such Act (42 U.S.C.
14136a(c)) is amended by striking 2009
and inserting
2014
.
(c)DNA research and
developmentSection 305(c) of such Act (42 U.S.C. 14136b(c)) is
amended by striking 2009
and inserting 2014
.
(d)DNA identification of
missing personsSection 308(c) of such Act (42 U.S.C. 14136d(c))
is amended by striking 2009
and inserting
2014
.
Amend the title so as to read:
A bill to reauthorize the Debbie Smith DNA Backlog Grant Program, and
for other purposes.
.
July 14, 2008
Reported with amendments, committed to the Committee of the
Whole House on the State of the Union, and ordered to be printed