[Congressional Record Volume 154, Number 115 (Monday, July 14, 2008)]
[House]
[Pages H6436-H6441]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                DEBBIE SMITH REAUTHORIZATION ACT OF 2008

  Mr. SCHIFF. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5057) to reauthorize the Debbie Smith DNA Backlog Grant 
Program, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5057

       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

[[Page H6437]]

     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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Schiff) and the gentleman from Ohio (Mr. Chabot) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. SCHIFF. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. SCHIFF. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 5057, the Debbie Smith Reauthorization Act of 2008, 
authorizes the Attorney General to provide grants to States to assist 
them in reducing the enormous DNA evidence backlog in the Nation's 
laboratories. This important legislation will help to solve more 
crimes. It will help to solve more crimes more quickly, and perhaps 
most importantly, it will help to ensure that other crimes are 
prevented altogether.
  Across our Nation, law enforcement officers and prosecutors have come 
to recognize the role that DNA evidence can play in solving crimes. As 
a result, ever-increasing numbers of DNA samples are being collected 
from crime scenes and offenders. There is no better example that 
demonstrates the effectiveness of DNA technology in solving crimes than 
that of Debbie Smith, the bill's namesake.
  In 1989, Ms. Smith was kidnapped in her Virginia home and viciously 
attacked by a stranger who threatened her life should she report the 
attack. Nevertheless, with remarkable courage and determination, she 
reported the rape, and the crime lab preserved the DNA evidence of her 
attacker. Eventually, when the perpetrator was required to provide a 
DNA sample for a separate violent crime he was convicted for, a match 
was made to the sample collected from his attack on Ms. Smith, 
identifying him as her attacker.
  Mr. Speaker, Debbie Smith and her husband, Rob, are here with us 
today, and I would like to ask them to stand so we can not only 
acknowledge their presence but thank them for their courage and 
determination and their work which has served as the driving force 
behind this legislation.
  The remarkable law enforcement value of DNA evidence has 
unfortunately been limited by the enormous backlog of DNA samples still 
awaiting analysis. This means that crimes remain unsolved, violent 
offenders remain at large, and innocent individuals may be wrongfully 
imprisoned. H.R. 5057 would significantly increase the funding levels 
authorized for this important program and would also provide for 
important studies to further improve the system. H.R. 5057 also 
includes a number of other important initiatives that were adopted 
during the committee process.

[[Page H6438]]

  Beginning in the 1990s, the Nation's crime labs were largely 
unprepared for the onslaught of requests for DNA services. Samples 
continue to pour into our Nation's crime labs at a pace faster than 
they can be processed. In order to address backlog problems, many 
States have begun outsourcing some of the work to accredited private 
laboratories. However, the FBI requires the crime labs perform in-house 
technical reviews of 100 percent of database samples from contract 
labs. While this requirement is certainly important with regard to 
forensic casework samples, it is found to be an onerous requirement 
with regard to the rather simple swabs that are taken from convicted 
offenders.

                              {time}  1630

  In fact, these requirements add substantial additional costs and 
further delay backlog reduction. Indeed, even Debbie Smith grant funds 
are expended on fulfilling these onerous requirements.
  The National Institute of Justice has confirmed that ``the burden of 
these requirements has increased the backlog of convicted offender 
samples, cost millions of dollars, and forced crime laboratories to 
remove staff from analyzing rape kits and other forensic samples.''
  In order to address this issue, I offered a bipartisan provision with 
my colleague Representative Dan Lungren that would create a new 
National DNA Index System Advisory Board to ensure diverse 
representation of views, including State and local lab directors, 
officials from the FBI and DOJ, and other relevant stakeholders.
  The board is directed to develop new standards governing the use of 
the Federal index that provide for the expedited uploading by State and 
local forensic labs of convicted offender profiles generated by private 
labs. These new standards are to be issued within 6 months.
  In addition, the board is directed to look into the feasibility of 
other measures that would greatly expedite analysis and uploading, as 
well as backlog reduction. These include the feasibility and 
desirability of entering into agreements with private forensic labs to 
enable direct access to CODIS for the purpose of uploading DNA analyses 
of samples obtained from persons convicted of crimes; the feasibility 
and desirability of providing for more limited technical review audits 
of DNA analyses of samples prior to uploading such data into CODIS; and 
the feasibility and desirability permitting greater participation in 
the technical review process of contractor personnel.
  I also authored another provision in this legislation that aims to 
increase the crime-solving abilities of our DNA databases.
  Today, 12 States collect samples from murder and sex crime arrestees, 
including my home State of California. Four of these States, including 
California, collect or are preparing to collect samples from all felony 
arrestees.
  Virginia was the first State to expand its database to include 
arrestees, and since then, the State has seen a total of 398 hits to 
their arrestee database, 74 of which were associated with sexual 
assault cases. For the first two months of this year alone, six hits to 
arrestees were made, the first hit coming just after the upload of the 
first 80 samples into the database.
  A 2005 Chicago study examined the criminal activities of only eight 
individuals and found that 60 violent crimes could have been prevented, 
including 53 murders and rapes, if DNA was required for felony arrests.
  In one example, Andre Crawford was charged with 11 murders and one 
attempted murder/aggravated sexual assault. If the State had required 
him to give a DNA sample during an earlier felony arrest, the 
subsequent 10 murders and one rape would not have occurred.
  In another example, Mario Villa was charged with four rapes, linked 
by DNA to two other rapes, and a main suspect in an additional rape and 
two attempted rapes. If the State had required him to give a DNA sample 
during an earlier felony arrest, eight rapes or attempted rapes could 
have been prevented.
  A recent Maryland study looked at the criminal histories for three 
offenders and found that 20 crimes, including rapes, sexual assaults, 
and murder could have been prevented had their DNA samples been 
required upon arrest.
  Mr. Speaker, States who have moved to collect arrestee samples, such 
as Virginia and California, are greatly increasing the power of the 
national DNA network, while States with far narrower collection regimes 
are making the Federal database, which Congress has invested a 
substantial amount of money in, less sufficient. These States can still 
avail themselves of the Federal database and take full advantage of the 
expansive collection regimes of other States.
  Therefore, a provision of this bill would provide incentives for 
States to follow the lead of the 12 States that currently collect 
samples from individuals arrested for or charged with murder and sex 
crimes. These States who would enact such an enhanced collection 
process would be eligible for a 10 percent increase in Federal formula 
law enforcement funds.
  Since State backlogs are so huge and Federal funds remain limited, 
States have had to share a significant portion of the burden to fund 
these activities. However, State funding can fluctuate from year-to-
year given the budget process and competing priorities. Some States, 
such as California, have penalty fee structures in place that provide a 
more stable and consistent funding stream.
  Proposition 69 in California provided for a $1 penalty for every $10 
or fraction thereof upon every fine, penalty and forfeiture levied on 
criminal offenses, including traffic expenses, but excluding parking. 
Over $40 million has been raised in California since its inception, and 
this has taken some of the burden off the Federal Government and the 
Debbie Smith grant funds available each year.
  States should be encouraged to put such structures in place and for 
their ability to not rely as heavily on Federal resources.
  Therefore, I authored a provision in this bill that would authorize 
the Attorney General to provide matching funds to those States that 
have implemented permanent funding mechanisms that generate funds, 
whether by fees or penalties, that are allocated by the State only for 
the purpose of analyzing DNA samples for law enforcement purposes.
  Finally, this legislation includes a separate grant authorization for 
upgrading laboratory capability and infrastructure. And it provides 
supplemental grant incentives for States to fund their own DNA 
initiatives.
  We have a comprehensive bill that will give lawmakers the best 
information for formulating policy, as well as provide law enforcement 
the most up-to-date tools and technology for solving crimes.
  I'd like to commend Carolyn Maloney of New York for her leadership in 
authoring this bill. I also want to thank Chairman Conyers and Ranking 
Member Smith of Texas, as well as Subcommittee Chairman Bobby Scott and 
Ranking Member Louie Gohmert for their leadership in making this a 
fully bipartisan effort.
  I urge my colleagues to support this legislation.
  I reserve the balance of my time.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  I am pleased to join the gentleman from California (Mr. Schiff) in 
support of H.R. 5057, the Debbie Smith Reauthorization Act.
  Congresswoman Carolyn Maloney introduced this legislation to 
reauthorize the Debbie Smith DNA Backlog Elimination Grant Program 
through fiscal year 2014 at $151 million per year.
  DNA has become an invaluable tool in identifying and convicting 
criminal suspects. At the same time, the increased use of DNA evidence 
in criminal prosecutions has also increased DNA collection and 
processing requests. The result is a substantial backlog in processing 
DNA evidence across the country.
  The Debbie Smith program provides grants to State and local 
governments to reduce the DNA backlog of samples collected and entered 
into the national DNA database. The program, originally authorized in 
2000, expires at the end of fiscal year 2009.
  Since 2000, DNA backlog grants have assisted State and local 
governments with the collection of 2.5 million DNA samples from 
convicted offenders and

[[Page H6439]]

arrestees for inclusion in the national DNA database. The backlog 
grants have also funded the testing of approximately 104,000 DNA cases 
between 2004 and 2007.
  While the Debbie Smith Program has indeed been successful in reducing 
the backlog, there is still work to do. A 2003 Department of Justice 
report indicated a backlog of 48,000 DNA samples. The current backlog 
is expected to be just as high.
  Mr. Speaker, every 2.7 minutes a person becomes a victim of sexual 
assault in this country. That's 22 Americans every hour, 528 every day, 
and over 3,600 every week who are the victims of rape or sexual 
assault. Debbie Smith was one of these victims, and it took 6 years 
before her assailant was identified through DNA evidence.
  I also would like to commend Debbie Smith and her family for their 
courage and determination to help others who may become victims and 
also to prevent others from becoming victims in the future. It's very 
commendable for her and very brave of her and her family to step 
forward and go through what they have gone through.
  There is another aspect of this bill that I would also like to 
highlight, and that is the expansion of the grant program to locate and 
identify missing persons and human remains. There are estimated to be 
more than 40,000 sets of unidentified human remains just, oftentimes, 
literally sitting on the shelves in medical examiner offices or in law 
enforcement offices or in coroner offices around the country. These 
cases have been put at the bottom of the list far too often, while most 
recent cases are investigated and solved using DNA technology. Yet, 
many of the 40,000 are also victims of heinous crimes.
  For example in 1996, a woman who became a very good friend of myself 
and the staff people in my office, Debbie Culberson, her daughter 
Carrie died a gruesome death. While the murderer was convicted and will 
serve the rest of his life in jail, Carrie has never been found. 
Evidence has led investigators to the Ohio River, which divides the 
States of Ohio and Kentucky, but we don't know for sure.
  Grants such as those made available by H.R. 5057 will ensure that law 
enforcement nationwide have the resources to make identifying these 
human remains a priority as well.
  Congress has a responsibility to assist States with investigating, 
prosecuting, and severely punishing those who commit rapes and other 
sexual offenses and provide justice for victims. The Debbie Smith 
Reauthorization Act protects victims by providing Federal funding to 
process the DNA evidence needed to take violent criminals off the 
streets.
  I urge my colleagues to join me in supporting this important 
legislation.
  I reserve the balance of my time.
  Mr. SCHIFF. Mr. Speaker, it gives me great pleasure to recognize the 
gentlewoman from Texas (Ms. Jackson-Lee) for 4 minutes.
  Ms. JACKSON-LEE of Texas. I thank the distinguished member of the 
Judiciary Committee and the manager of the minority side, as well as 
the chairman of the full committee, Mr. Conyers; the ranking member, 
Mr. Smith; the subcommittee Chair, Mr. Scott; and the ranking member, 
Mr. Gohmert.
  As a member of the subcommittee on crime and a senior member of the 
House Judiciary Committee, I rise with great enthusiasm to support H.R. 
5057, the Debbie Smith Reauthorization Act of 2008.
  And I salute Mr. and Mrs. Smith. This is not a new bill to me. 
Congresswoman Maloney has worked very hard and has engaged the many 
women of the Congress to look at this issue in many, many different 
ways. We thank you, Debbie Smith for your courage, and we thank you for 
your bravery.
  This is an important initiative. There are many improvements that 
have made this bill even better, but had it not been for Debbie Smith 
and her courage, we would not be where we are today.
  As my colleague has already said, this bill was named for Debbie 
Smith who was kidnapped in her Virginia home and raped by a stranger. 
The Debbie Smith DNA backlog grant bill authorized grant money to 
States to collect samples from crime scenes and convicted persons.
  This legislation also allows us to conduct DNA analysis and enter 
these results into a comprehensive national database. Debbie Smith's 
attacker remained unidentified for over 6 years, until a DNA sample 
collected from a convicted person serving time in Virginia State prison 
revealed his involvement in her rape. Although eventually identified, 
the 6 years between crime and identification allowed Ms. Smith's 
attacker to engage in more criminal activity.
  What is the purpose and value of this legislation? It is to ensure 
that the perpetrator, the person who has acted in a violent and heinous 
way, is tried and convicted in a direct and fair and just manner, and 
that this individual is taken off the streets in order not to harm 
anyone else.
  I am very gratified that we have expanded this legislation and that 
it is also an opportunity not only to ensure that those who have 
committed the crime are ``doing the time'' but to make sure that DNA is 
accurate and untainted for a fair and just results.
  I support this legislation, and therefore, I offered a successful 
amendment that would require the Attorney General to evaluate the 
integrity and security of DNA collection and storage practices and 
procedures at a sample of crime laboratories throughout the country to 
determine the extent to which DNA samples are tampered with or are 
otherwise contaminated in such laboratories. This is crucial. A person 
who should be convicted and is still walking the streets, can create 
more danger, and those who have been tried and incarcerated on 
contaminated DNA deserve a fair and just recommendation of their case. 
Contaminated DNA helps no one and this amendment corrects that problem.
  The sample should be a representative sample and should include at 
least one lab from each State. My amendment would require the Attorney 
General to conduct this evaluation annually, and the Attorney General 
would be required to submit the evaluation to Congress. This amendment 
is necessary, and it authorizes some $10 million over a 5-year period 
to allow this process to occur.
  In Harris County, Texas, and other places around the Nation, DNA 
evidence was contaminated and wrongfully used to convict persons based 
upon faulty evidence. An investigation into the crime lab in Houston, 
for example, revealed that bad management, undertrained staff, false 
documentation, and inaccurate work cast doubt on thousands of DNA-based 
convictions. Investigators raised serious questions about the 
reliability of evidence in hundreds of cases they investigated and 
asked for further independent scrutiny and new testing to determine the 
extent to which individuals were wrongly convicted with faulty 
evidence.
  Two individuals, Mr. Rodriguez and Mr. Joshua Sutton, were victimized 
by this faulty DNA process. Both served time in jail and were released 
when their cases were properly reviewed.

                              {time}  1645

  This is evidence that my amendment helps an already good bill, which 
will help victims like Mrs. Smith, but it also provides the added 
integrity to this system.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. SCHIFF. I would be happy to yield an additional minute to the 
gentlewoman from Texas.
  Ms. JACKSON-LEE of Texas. My amendment ensures that Congress will 
exercise the appropriate oversight over the DNA Data Collection 
Program. It will ensure the integrity and security of the DNA 
collection and storage procedures. It is my hope that my amendment will 
minimize wrongful convictions and will make the DNA storage and 
collection process more reliable.
  When such a sacrifice has been made by someone as brave as Mrs. 
Smith, along with the work that has been done by my colleague, 
Congresswoman Maloney, and this Congress, it further enhances the 
Nation's criminal justice system. We all agree, the criminal justice 
system should convict those who have done these dastardly acts, 
incarcerate them through a fair process of justice. And then, those who 
are innocent, make sure that the criminal justice system has the tools 
to insure them not guilty through transparent DNA evidence.

[[Page H6440]]

  This is the way the American's justice system should be. We want this 
open fair system as much for Harris County, Texas, as we want it for 
Los Angeles, Chicago, and other places around the Nation.
  This bill is a bill of integrity and fairness, and it upholds the 
fair justice system of the United States of America.
  Mr. Speaker, this act authorizes funding to eliminate the large 
backlogs of DNA crime scene samples awaiting testing in State forensic 
labs. I am in support of this bill.
  In recent years, law enforcement agencies have realized the critical 
value that DNA evidence has in quickly solving cases. Often, a DNA 
sample result can scientifically link a perpetrator to a crime or prove 
a defendant's innocence with virtual certainty. Many of the Nation's 
Federal and State criminal forensics laboratories currently are 
overwhelmed with innumerable samples awaiting DNA analysis.
  Named for Debbie Smith, who was kidnapped in her Virginia home and 
raped by a stranger, the Debbie Smith DNA Backlog Grant Program 
authorized grant money to States to collect samples from crime scenes 
and convicted persons, conduct DNA analyses, and enter these results 
into a comprehensive national database. Debbie Smith's attacker 
remained unidentified for over six years, until a DNA sample collected 
from a convicted person serving time in a Virginia State prison 
revealed his involvement in her rape. Although eventually identified, 
the six years between crime and identification allowed Ms. Smith's 
attacker to engage in more criminal activity.
  Reauthorization of the Debbie Smith DNA Backlog Grant Program will 
help law enforcement throughout the Nation. It will facilitate the 
development of a comprehensive national data base against which samples 
from current crime scenes can be compared. It will allow laboratories 
to reduce the currently unacceptable delays in processing DNA samples. 
Finally, it will provide law enforcement and prosecutors strong tools 
to quickly identify and prosecute criminals, minimizing the costs of 
investigation and prosecution, the possibility of prosecuting the wrong 
person and the possibility of future heinous crimes.
  Recognizing that the backlog of biological evidence that had to be 
entered in State databases was preventing law enforcement officials 
from solving many of the Nation's most heinous crimes, like the tragedy 
that befell Debbie Smith, Congress passed the DNA ``Analysis Backlog 
Elimination Act of 2000'' (P.L. 106-546). The bill authorized the 
Attorney General to make grants to eligible States to collect DNA 
samples from convicted individuals and crime scenes for inclusion in 
the Federal DNA database, Combined DNA Index System (CODIS), and to 
increase the capacity of State crime laboratories. The act required the 
Bureau of Prisons and the military to collect DNA samples from 
convicted individuals and forward these samples for analysis, and 
required the FBI to expand its CODIS database to include the analyses 
of these DNA samples.
  The act also amended the criminal code to require all defendants on 
probation or supervised release to cooperate with the collection of a 
DNA sample. The act expressed the sense of Congress that State grants 
should be conditioned upon the State's agreement to ensure post-
conviction DNA testing in appropriate cases; and that Congress should 
work with the States to improve the quality of legal representation in 
capital cases. Finally, the act authorized an unspecified amount of 
appropriations to the Attorney General to carry out the act.
  In 2004, DNA backlog elimination was incorporated into the Justice 
for All Act of 2004'', P.L. 108-405 and was renamed the Debbie Smith 
DNA Backlog Grant Program, which became Title II of P.L. 108-405. While 
the act authorized $151 million for each fiscal year 2005-2009, 
Congress did not appropriate any money until FY 2008, at which time it 
appropriated $147.4 million.
  The Debbie Smith DNA Backlog Grant Program expires at the end of FY 
2009. H.R. 5057, the ``Debbie Smith Reauthorization Act,'' which has 
strong bipartisan support, would renew the law and authorize $151 
million for each fiscal year 2009-2014. H.R. 5057 specifies that not 
less than 40 percent of the total amount awarded in grants must be used 
for DNA analyses of samples from crime scenes, rape kits and other 
sexual assault evidence, and in cases that do not have an identified 
suspect.


                               AMENDMENT

  While I support this legislation, I successfully offered an amendment 
at subcommittee markup. My amendment would require the Attorney General 
to evaluate the integrity and security of DNA collection and storage 
practices and procedures at a sample of crime laboratories throughout 
the country to determine the extent to which DNA samples are tampered 
with or are otherwise contaminated in such laboratories. The sample 
should be a representative sample and should include at least one lab 
from each State. My amendment would require the Attorney General to 
conduct this evaluation annually and the Attorney General should be 
required to submit the evaluation to Congress. This amendment is 
necessary.
  In Harris County, Texas, DNA evidence was tainted and wrongfully used 
to convict persons based upon faulty evidence. An investigation into 
the crime lab in Houston revealed that bad management, under-trained 
staff, false documentation, and inaccurate work cast doubt on thousands 
of DNA based convictions. Investigators raised serious questions about 
the reliability of evidence in hundreds of cases they investigated and 
asked for further independent scrutiny and new testing to determine the 
extent to which individuals were wrongly convicted with faulty 
evidence.
  My amendment ensures that Congress will exercise some oversight of 
the program. It will ensure the integrity and security of the DNA 
collection and storage and procedures. It is my hope that my amendment 
will minimize wrongful convictions and will make the DNA storage and 
collection process more reliable.


                            SCHIFF AMENDMENT

  I note that one of my colleagues on the Subcommittee offered an 
amendment, Mr. Schiff. I do not agree with this amendment. The 
amendment would require that DNA be collected from all arrestees. This 
amendment has serious civil liberties concerns.
  Mr. CHABOT. Mr. Speaker, I yield back the balance of my time.
  Mr. SCHIFF. Mr. Speaker, the reauthorization of this important 
program also provides us with an opportunity to investigate some 
important related issues.
  From my work on this issue, I've learned that the Federal Government 
is unable to determine how many hits the Federal Government informs 
States about are actually followed up on by law enforcement. I think 
this data is very important for policymakers to have.
  A few years ago, USA Today engaged in a comprehensive examination of 
DNA cases. In one case, the DNA of a convicted child molester matched 
DNA from an attempted sexual assault of a 10-year-old girl. Police did 
not contact the offender until after he had molested another 10-year-
old child 6 months later.
  In another case, the DNA of a career felon matched DNA left at a rape 
and abduction from 2001. At the time the offender was serving a prison 
sentence for assault. The police did not contact him until 8 months 
later, after he had been released from prison and only after being 
alerted by the rape victim, who encountered the offender by chance 
while walking in a local park.
  These are two examples of situations where there was a match made in 
the Federal database. States were informed about it, but no action was 
taken, with tragic consequences. Therefore, I have authored a provision 
in this bill that would direct the Department of Justice Inspector 
General to investigate and report on how many CODIS database hits are 
actually followed up on by law enforcement, how many of those hits are 
ultimately brought to the attention of a prosecutor and how many go to 
trial.
  Importantly, the report will also shed additional light on the 
factors that play in the event that matches were not followed up on. In 
particular, we asked the IG to determine the reason why matches were 
not pursued accordingly, and to determine the resulting impact on the 
criminal justice system, namely, whether other crimes were committed 
that could have been prevented if the matches were pursued accordingly.
  Mr. HELLER of Nevada. Mr. Speaker, I rise to urge my colleagues to 
vote for the Debbie Smith Reauthorization Act (H.R. 5057), a bill that 
I cosponsored and strongly support. I appreciate the efforts of my 
colleague from New York, Mrs. Maloney, in bringing this legislation and 
previous bills regarding DNA evidence to the House floor.
  A tragic death that took place in my District early this year 
highlights the need for Congress to support the Debbie Smith DNA 
Backlog Grant Program at the U.S. Department of Justice, DOJ. As many 
of my colleagues know from national news reports, nineteen-year-old 
Brianna Denison was abducted, strangled to death, and left in a vacant 
field in southeast Reno. Based on DNA evidence, law enforcement 
determined that Brianna's murder was the work of a serial offender 
linked to several other attacks in the Reno area.
  Like a majority of states, Nevada has experienced a significant 
backlog in DNA processing. At the time of Brianna's murder, more

[[Page H6441]]

than 3,000 samples were waiting to be processed in Nevada alone. Local 
law enforcement petitioned the Reno community for donations that would 
enable them to expedite processing of samples collected as part of 
Brianna's case and tackle the statewide backlog. Nevadans contributed 
nearly $300,000 to eliminate the backlog of DNA samples in our State.
  This significant outpouring of support demonstrates the American 
people's commitment to fighting crime through DNA technology. Congress 
should take this opportunity to mirror the priorities of those we 
represent. In an age where DNA technology has the potential to solve 
previously unsolvable crimes and quickly put violent offenders behind 
bars, there is no excuse for failing to equip law enforcement agencies 
with the tools and personnel they need to quickly process DNA.
  The Debbie Smith Reauthorization Act provides a vital means of 
reducing the DNA evidence backlog in labs across the country. I joined 
26 of my colleagues, including the author of this legislation, in 
sending a letter to appropriators earlier this year urging 
appropriators to provide full funding for the Debbie Smith DNA Backlog 
Grant Program. Few investments could be more important to effective law 
enforcement in the 21st century. The national DNA database has made 
matches or otherwise aided in more than 51,000 cases since its 
inception. While the DNA of Brianna's killer was unfortunately not 
detected as Nevada's samples were processed in recent months, it is 
quite possible that the DNA of Brianna's killer is backlogged in 
another state. Also worth noting is the fact that Nevada law 
enforcement was able to link 30 unsolved cases to known offenders as a 
result of eliminating our state's DNA backlog. Assuming a similar 
success rate nationwide, hundreds--if not thousands--of criminals could 
be put behind bars if law enforcement could process all DNA samples on 
hand. Thousands of victims and families whose cases are currently 
unsolved could find closure.
  Ensuring that all crime-related DNA samples are entered in the 
nationwide database makes every community in every district safer. 
Supporting the Debbie Smith DNA Backlog Grant Program tells law 
enforcement that Congress supports their crimefighting efforts with the 
best technology available, and shows the American people our commitment 
to taking violent criminals off our streets. I strongly encourage my 
colleagues to support the Debbie Smith Reauthorization Act as well as 
efforts to provide full funding for this vital program.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise in support of H.R. 
5057, the ``Debbie Smith Reauthorization Act of 2008'' (reauthorizing 
Title II of P.L. 108-405). This Act authorizes funding to eliminate the 
large backlogs of DNA crime scene samples awaiting testing in State 
forensic labs. I am in support of this bill.
  In recent years, law enforcement agencies have realized the critical 
value that DNA evidence has in quickly solving cases. Often, a DNA 
sample result can scientifically link a perpetrator to a crime or prove 
a defendant's innocence with virtual certainty. Many of the Nation's 
Federal and State criminal forensics laboratories currently are 
overwhelmed with innumerable samples awaiting DNA analysis.
  Named for Debbie Smith, who was kidnapped in her Virginia home and 
raped in nearby woods by a stranger, the Debbie Smith DNA Backlog Grant 
Program authorized grant money to states to collect samples from crime 
scenes and convicted persons, conduct DNA analyses, and enter these 
results into a comprehensive national database. Debbie Smith's attacker 
remained unidentified for over six years, until a DNA sample collected 
from a convicted person serving time in a Virginia State prison 
revealed his involvement in her rape. Although eventually identified, 
the six years between crime and identification allowed Ms. Smith's 
attacker to engage in more criminal activity.
  Re-authorization of the Debbie Smith DNA Backlog Grant Program will 
help law enforcement throughout the Nation. It will facilitate the 
development of a comprehensive national data base against which samples 
from current crime scenes can be compared. It will allow laboratories 
to reduce the currently unacceptable delays in processing DNA samples. 
Finally, it will provide law enforcement and prosecutors strong tools 
to quickly identify and prosecute criminals, minimizing the costs of 
investigation and prosecution, the possibility of prosecuting the wrong 
person and the possibility of future heinous crimes.
  Recognizing that the backlog of biological evidence that had to be 
entered in State databases was preventing law enforcement officials 
from solving many of the Nation's most heinous crimes, like the tragedy 
that befell Debbie Smith, Congress passed the DNA ``Analysis Backlog 
Elimination Act of 2000'' (P.L. 106-546). The bill authorized the 
Attorney General to make grants to eligible States to collect DNA 
samples from convicted individuals and crime scenes for inclusion in 
the federal DNA database, Combined DNA Index System (CODIS), and to 
increase the capacity of State crime laboratories. The Act required the 
Bureau of Prisons and the military to collect DNA samples from 
convicted individuals and forward these samples for analysis, and 
required the FBI to expand its CODIS database to include the analyses 
of these DNA samples.
  The Act also amended the criminal code to require all defendants on 
probation or supervised release to cooperate with the collection of a 
DNA sample. The Act expressed the sense of Congress that State grants 
should be conditioned upon the State's agreement to ensure post-
conviction DNA testing in appropriate cases; and that Congress should 
work with the States to improve the quality of legal representation in 
capital cases. Finally, the Act authorized an unspecified amount of 
appropriations to the Attorney General to carry out the Act.
  In 2004, DNA backlog elimination was incorporated into the Justice 
for All Act of 2004'', P.L. 108-405 and was renamed the Debbie Smith 
DNA Backlog Grant Program, which became Title II of P.L. 108-405. While 
the Act authorized $151 million for each fiscal year 2005-2009, 
Congress did not appropriate any money until FY 2008, at which time it 
appropriated $147.4 million.
  The Debbie Smith DNA Backlog Grant Program expires at the end of FY 
2009. H.R. 5057, the ``Debbie Smith Reauthorization Act,'' which has 
strong bipartisan support, would renew the law and authorize $151 
million for each fiscal year 2009-2014. H.R. 5057 specifies that not 
less than 40 percent of the total amount awarded in grants must be used 
for DNA analyses of samples from crime scenes, rape kits and other 
sexual assault evidence, and in cases that do not have an identified 
suspect.


                               AMENDMENT

  While I support this legislation, I successfully offered an amendment 
at subcommittee markup. My amendment would require the Attorney General 
to evaluate the integrity and security of DNA collection and storage 
practices and procedures at a sample of crime laboratories throughout 
the country to determine the extent to which DNA samples are tampered 
with or are otherwise contaminated in such laboratories. The sample 
should be a representative sample and should include at least one lab 
from each State. My amendment would require the Attorney General to 
conduct this evaluation annually and the Attorney General should be 
required to submit the evaluation to Congress. This amendment is 
necessary.
  A district attorney in Harris County, Texas used evidence to 
wrongfully convict persons based upon faulty evidence. An investigation 
into the Houston Police Department's crime lab revealed that bad 
management, under-trained staff, false documentation, and inaccurate 
work cast doubt on thousands of DNA-based convictions. Investigators 
raised serious questions about the reliability of evidence in hundreds 
of cases they investigated and asked for further independent scrutiny 
and new testing to determine the extent to which individuals were 
wrongly convicted with faulty evidence.
  My amendment ensures that Congress will exercise some oversight of 
the program. It will ensure the integrity and security of the DNA 
collection and storage and procedures. It is my hope that my amendment 
will minimize wrongful convictions and will make the DNA storage and 
collection process more reliable.


                            SCHIFF AMENDMENT

  I note that one of my colleagues on the Subcommittee offered an 
amendment, Mr. Schiff. I do not agree with this amendment. The 
amendment would require that DNA be collected from all arrestees. This 
amendment has serious civil liberties concerns.
  Mr. SCHIFF. Mr. Speaker, in the absence of any further speakers, I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Schiff) that the House suspend the rules 
and pass the bill, H.R. 5057, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to reauthorize the 
Debbie Smith DNA Backlog Grant Program, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________