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[House Report 110-757]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-757

======================================================================

 
                DEBBIE SMITH REAUTHORIZATION ACT OF 2008

                                _______
                                

 July 14, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 5057]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 5057) to reauthorize the Debbie Smith DNA Backlog Grant 
Program, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendments...................................................     1
Purpose and Summary..............................................     5
Background and Need for the Legislation..........................     5
Hearings.........................................................     7
Committee Consideration..........................................     7
Committee Votes..................................................     7
Committee Oversight Findings.....................................     8
New Budget Authority and Tax Expenditures........................     9
Congressional Budget Office Cost Estimate........................     9
Performance Goals and Objectives.................................    11
Constitutional Authority Statement...............................    11
Advisory on Earmarks.............................................    11
Section-by-Section Analysis......................................    12
Changes in Existing Law Made by the Bill, as Reported............    13

                             The Amendments

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

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 
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) Effective Date.--The provisions of this section shall apply to 
grants made on or after the date of the enactment of this Act.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated, in addition to funds made available under section 508 of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3758), such sums as may be necessary to carry out this section for each 
of the fiscal years 2009 through 2013.

SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGATIONS AND PROSECUTIONS 
                    RELATED TO CODIS ``HITS''.

  (a) Study.--The Inspector General of the Department of Justice shall 
carry out a study on--
          (1) the number of instances in which DNA samples that are 
        matched with samples included in the Combined DNA Index System 
        database of the Federal Bureau of Investigation that are 
        followed up on by appropriate law enforcement entities;
          (2) the number of such matches described in paragraph (1) 
        that are brought to the attention of a prosecutor;
          (3) the number of the investigations described in paragraph 
        (2) that result in a trial; and
          (4) in the case of matches described in paragraph (1) that 
        were not followed up on by appropriate law enforcement 
        entities, were not brought to the attention of a prosecutor, or 
        did not result in a trial--
                  (A) the reasons why such matches were not pursued 
                accordingly; and
                  (B) the resulting impact on the criminal justice 
                system, including whether other crimes were committed 
                that could have been prevented if such matches had been 
                pursued accordingly.
  (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Inspector General shall submit to Congress a report on 
the study under subsection (a).

SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY BOARD.

   (a) Establishment.--The Attorney General shall establish the 
National DNA Index System Advisory Board (in this section referred to 
as the ``NDIS Advisory Board'' to develop and, if appropriate, 
periodically revise standards and requirements for the use of and 
access to the index described in section 210304(a) of the DNA 
Identification Act of 1994 (42 U.S.C. 14132(a)).
  (b) Membership.--Not later than 30 days after the date of the 
enactment of this Act, the Director of the Federal Bureau of 
Investigation shall appoint members to the NDIS Advisory Board as 
follows:
          (1) At least 4 directors of State or local forensic 
        laboratories.
          (2) One representative from the Federal Bureau of 
        Investigation.
          (3) One representative from the Scientific Working Group on 
        DNA Analysis Methods.
          (4) One representative from the Office of Legal Policy of the 
        Department of Justice.
          (5) One representative from the National Institute of 
        Justice.
          (6) One representative from the National Academies of 
        Science.
          (7) One State or local prosecutor.
          (8) One criminal defense attorney.
          (9) One representative from the National Institute of 
        Standards and Technology.
          (10) One member of the academic community who specializes in 
        DNA privacy issues.
          (11) One crime victim or crime victim advocate.
          (12) One representative of a State police agency.
          (13) One representative of a local police agency.
  (c) Application of FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.), other than section 14 of such Act, shall apply to the 
NDIS Advisory Board.
  (d) Notice, Comment, and Publication.--The Attorney General shall 
provide for public notice and comment for each standard developed under 
this section and for publication of each such standard.
  (e) Pay and Reimbursement.--
          (1) No compensation for members of ndis advisory board.--
        Except as provided in paragraph (2), a member of the NDIS 
        Advisory Board may not receive pay, allowances, or benefits by 
        reason of their service on the Board.
          (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence under 
        subchapter I of chapter 57 of title 5, United States Code.
  (f) Quality Assurance Standards.--
          (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the NDIS Advisory Board shall 
        develop (and provide recommendations to the Director of the 
        Federal Bureau of Investigation on) standards governing the use 
        of and access to the index described in subsection (a). The 
        NDIS Advisory Board shall periodically update such standards as 
        appropriate. The standards shall provide for the expedited 
        uploading into such index by State and local forensic 
        laboratories of DNA analyses of samples obtained from persons 
        convicted of crimes, including such analyses processed by 
        private forensic laboratories.
          (2) Consideration of additional proposals to expedite 
        processing and uploading of dna samples.--Not later than one 
        year after the date of the enactment of this Act, the NDIS 
        Advisory Board shall also provide recommendations to the 
        Director of the Federal Bureau of Investigation on the 
        following:
                  (A) The feasibility and desirability of entering into 
                agreements with private forensic laboratories to enable 
                direct access to the Combined DNA Index System of the 
                Federal Bureau of Investigation for the purpose of 
                uploading DNA analyses of samples obtained from persons 
                convicted of crimes.
                  (B) The feasibility and desirability of providing for 
                more limited technical review audits of DNA analyses of 
                samples prior to uploading such data into the Combined 
                DNA Index System.
                  (C) The feasibility and desirability of permitting 
                greater participation in the technical review of DNA 
                analyses of samples by contractor personnel.
                  (D) The feasibility and desirability of allowing 
                immediate upload of DNA profiles obtained from crime 
                scene samples and rape kits.
          (3) Issuance of policies, procedures, and standards.--The 
        Director of the Federal Bureau of Investigation, with the 
        approval of the Attorney General, after taking into 
        consideration the recommended policies, procedures, and 
        standards recommended by the NDIS Advisory Board under this 
        section shall issue (and revise from time to time) policies, 
        procedures, and standards relating to the administration of the 
        National DNA Index System including, standards for quality 
        assurance, testing the proficiency of forensic laboratories, 
        and forensic analysts, in conducting analyses of DNA.
  (g) Exclusivity of Policies, Procedures, and Standards.--The 
policies, procedures, and standards issued under subsection (f)(3) 
shall be the exclusive policies, procedures, and standards issued with 
respect to State, local, and private laboratories that participate in 
the National DNA Index System. Polices, procedures, laboratory audit 
requirements, standards, and any other manner of regulation or control 
(other than any condition imposed pursuant to a grant awarded through 
the Department of Justice) may not be inconsistent with, or expand upon 
provisions contained in such approved policies, procedures, or 
standards.

SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS.

  (a) In General.--The Attorney General shall establish a grant program 
under which the Attorney General may make grants to States and units of 
local government to purchase forensic DNA technology or to improve such 
technology.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated $50,000,000 for each of the fiscal years 2009 through 2013 
to carry out subsection (a).

SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA-RELATED GRANT PROGRAMS.

  (a) DNA Training and Education for Law Enforcement, Correctional 
Personnel, and Court Officers.--Section 303(b) of the Justice For All 
Act of 2004 (42 U.S.C. 14136(b)) is amended by striking ``2009'' and 
inserting ``2014''.
  (b) Sexual Assault Forensic Exam Program Grants.--Section 304(c) of 
such Act (42 U.S.C. 14136a(c)) is amended by striking ``2009'' and 
inserting ``2014''.
  (c) DNA Research and Development.--Section 305(c) of such Act (42 
U.S.C. 14136b(c)) is amended by striking ``2009'' and inserting 
``2014''.
  (d) DNA Identification of Missing Persons.--Section 308(c) of such 
Act (42 U.S.C. 14136d(c)) is amended by striking ``2009'' and inserting 
``2014''.

  Amend the title so as to read:

    A bill to reauthorize the Debbie Smith DNA Backlog Grant 
Program, and for other purposes.

                          Purpose and Summary

    Re-authorization of the Debbie Smith DNA Backlog Grant 
Program will facilitate the development of a comprehensive 
national DNA data base against which samples from current crime 
scenes can be compared. It will allow laboratories to reduce 
unacceptable delays in processing DNA samples that currently 
exist in many States. Finally, it will provide law enforcement 
and prosecutors important tools to quickly identify and 
prosecute criminals, reducing not only the costs of 
investigation and prosecution, but also the risk of prosecuting 
the wrong person. Ultimately, it is likely to have a 
significant deterrent effect on the commission of crimes.

                Background and Need for the Legislation

                    DNA EVIDENCE BACKLOG ELIMINATION

    In recent years, law enforcement agencies have realized the 
critical value that DNA evidence has in helping more quickly 
solve cases. Often, a DNA sample result can scientifically link 
a perpetrator to a crime, or prove a defendant's innocence, 
with virtual certainty.
    Unfortunately, many of the Nation's Federal and State 
criminal forensics laboratories are currently overwhelmed with 
samples awaiting DNA analysis. As of 2003, a comprehensive 
report funded by the Department of Justice estimated the total 
crime DNA backlog at more than 48,000 samples.\1\ While the 
National Institute of Justice has not yet issued its current 
backlog reports, it is likely that the current DNA backlog is 
similarly high.
---------------------------------------------------------------------------
    \1\Washington State Univ.--Div. of Governmental Services & Smith 
Alling Lane, P.S., National Forensic DNA Study Report, Final Report 
(Dec. 2003).
---------------------------------------------------------------------------
    Due to this backlog and resulting long delays in processing 
DNA samples at public laboratories, many local police 
departments have been resorting to sending DNA samples to 
private labs for timely analyses, costing upwards of $700 per 
sample.\2\ As recently as February 2008, at least one public 
laboratory had a reported delay time of 16 months for the 
processing of a DNA sample.\3\
---------------------------------------------------------------------------
    \2\Ohio Crime Lab Shortages Cause Headaches, The Idaho Statesman, 
Mar. 19, 2008.
    \3\Jessica Logan, Riverside Police Seek Grant for More DNA Testing 
in Old Cases, The Press-Enterprise, Feb. 28, 2008.
---------------------------------------------------------------------------
    The consequences of this backlog are unacceptable. Too many 
dangerous criminals remain on the streets, free to commit new 
crimes. Too many victims live in fear of another attack. And 
too many innocent people may remain unjustly incarcerated until 
the real perpetrator can be discovered and apprehended.
    Named for Debbie Smith, who was kidnapped in her Virginia 
home and raped in a 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 more than 6 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 6 years between crime and 
identification allowed Ms. Smith's attacker to continue 
engaging in criminal activity.

  PUBLIC LAW 106-546, THE INITIAL DNA ANALYSIS BACKLOG ELIMINATION ACT

    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, Congress passed the DNA Analysis Backlog 
Elimination Act of 2000.\4\ That law authorized the United 
States 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, the Combined DNA 
Index System (CODIS), and to increase the capacity of State 
crime laboratories. In addition, 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.
---------------------------------------------------------------------------
    \4\Pub. L. No. 106-546 (2000).
---------------------------------------------------------------------------
    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 such sums as might 
be necessary for the Attorney General to carry out the Act.

     REAUTHORIZATION AS THE DEBBIE SMITH DNA BACKLOG DGRANT PROGRAM

    In 2004, DNA backlog elimination was incorporated into the 
Justice for All Act of 2004,\5\ and was renamed the Debbie 
Smith DNA Backlog Grant Program.\6\ While the Act authorized 
$151 million for each of fiscal years 2005 through 2009, 
Congress did not appropriate any money until fiscal year 2008, 
at which time it appropriated $147.4 million.
---------------------------------------------------------------------------
    \5\Pub. L. No. 108-405 (2004).
    \6\Pub. L. No. 108-9405, tit. II (2004) (codified at 42 U.S.C. 
Sec. 14135).
---------------------------------------------------------------------------
    The Debbie Smith DNA Backlog Grant Program expires at the 
end of fiscal year 2009. H.R. 5057, the ``Debbie Smith 
Reauthorization Act,'' would reauthorize the Program for fiscal 
years 2009 through 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, from rape kits 
and other sexual assault evidence, and from cases that do not 
have an identified suspect.
    There is strong State support for the Debbie Smith 
Reauthorization Act of 2008. To date, at least nine States, 
including Alabama, Alaska, Illinois, Kentucky, Michigan, Ohio, 
Tennessee, Vermont, and West Virginia, have introduced or 
passed resolutions urging Congress to reauthorize the Debbie 
Smith DNA Backlog Grant Program.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held 1 day of hearings on H.R. 5057, on April 
10, 2008. Testimony was received from Representative Carolyn B. 
Maloney of New York, sponsor of H.R. 5057; Debbie Smith, the 
namesake of the Program; Dr. David W. Hagy, Director, National 
Institute of Justice, Office of Justice Programs, U.S. 
Department of Justice; Peter Marone, Director, State of 
Virginia Crime Labs; Peter Neufeld, Esq., Co-founder and Co-
Director of the Innocence Project; and Allen Newton, who was 
exonerated through post-conviction DNA testing. Additional 
material was submitted by Human Rights Watch and the American 
Civil Liberties Union.

                        Committee Consideration

    On May 13, 2008, the Subcommittee on Crime, Terrorism, and 
Homeland Security met in open session and ordered the bill, 
H.R. 5057, favorably reported, without amendment, by voice 
vote, a quorum being present. On June 11, 2008, the Committee 
met in open session and ordered the bill, H.R. 5057, favorably 
reported, with an amendment, by voice vote, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall vote occurred during the Committee's 
consideration of H.R. 5057:
    1. An amendment by Mr. Schiff offering grant incentives to 
States that collect DNA samples from suspects arrested for or 
charged with murder, voluntary manslaughter, and sex offenses 
for inclusion in CODIS. Passed 19 to 12.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................              X
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................              X
Ms. Jackson Lee.................................................                              X
Ms. Waters......................................................                              X
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................                              X
Ms. Sutton......................................................                              X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................              X
Ms. Baldwin.....................................................
Mr. Weiner......................................................              X
Mr. Schiff......................................................              X
Mr. Davis.......................................................
Ms. Wasserman Schultz...........................................              X
Mr. Ellison.....................................................                              X
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................                              X
Mr. Gallegly....................................................              X
Mr. Goodlatte...................................................                              X
Mr. Chabot......................................................              X
Mr. Lungren.....................................................              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Mr. Pence.......................................................              X
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................
Mr. Franks......................................................
Mr. Gohmert.....................................................              X
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................             19              12
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 5057, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 10, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
completed the enclosed cost estimate for H.R. 5057, the Debbie 
Smith Reauthorization Act of 2008.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for Federal costs), who can be reached at 226-2860, and 
Melissa Merrell (for the impact on State and local 
governments), who can be reached at 225-3220.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.
Enclosure.

cc:
        Honorable Lamar S. Smith,
        Ranking Member.
H.R. 5057--Debbie Smith Reauthorization Act of 2008.

                                SUMMARY

    H.R. 5057 would authorize the appropriation of about $1.6 
billion over the 2009-2015 period for Department of Justice 
(DOJ) programs to enhance the analysis of DNA samples relating 
to criminal investigations. In addition, CBO estimates that the 
bill would authorize the appropriation of about $75 million 
over the 2009-2013 period for other DOJ programs. Assuming 
appropriation of the necessary amounts, we estimate that 
implementing H.R. 5057 would cost about $875 million over the 
2009-2013 period, with remaining amounts spent in subsequent 
years. Enacting the bill would not affect direct spending or 
revenues.
    H.R. 5057 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 5057 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).

                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that the necessary amounts 
will be appropriated near the start of each fiscal year and 
that spending will follow the historical spending patterns for 
the existing programs or similar activities.

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                              2008     2009     2010     2011     2012     2013
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION\1\

Spending Under Current Law for Programs Authorized by H.R.
 5057:
  Budget Authority/Authorization Level\1\                       152      211        0        0        0        0
  Estimated Outlays                                             118      145      124       80       51       27

Proposed Changes:
  Programs with Specified Funding Levels:
    Authorization Level                                           0       62      320      320      320      320
    Estimated Outlays                                             0       22       93      181      240      286

  Other Programs:
    Estimated Authorization Level                                 0       16       15       15       15       15
    Estimated Outlays                                             0        4        8       11       13       15

  Total Changes:
    Estimated Authorization Level                                 0       78      335      335      335      335
    Estimated Outlays                                             0       26      101      192      253      301

Spending Under H.R. 5057:
  Estimated Authorization Level                                 152      289      335      335      335      335
  Estimated Outlays                                             118      171      225      272      304      328
----------------------------------------------------------------------------------------------------------------
1. The 2009 level is the amount authorized under current law for that year for the programs authorized by the
  bill. For those programs, the Congress appropriated $152 million for 2008.

Programs with Specified Funding Levels
    H.R. 5057 would authorize the appropriation of about $1.6 
billion over the 2009-2015 period for DOJ programs to enhance 
the analysis of DNA samples relating to criminal 
investigations. The bill would authorize the appropriation of:

         $200 million annually over the 2010-2014 
        period for the Debbie Smith DNA Backlog grant program;

         $50 million annually over the 2009-2013 period 
        for DOJ to make grants to State and local governments 
        to improve the technology used in forensic DNA 
        analysis;

         $30 million annually over the 2010-2014 period 
        for DOJ to make grants to State and local governments 
        and other entities for programs to collect and use DNA 
        evidence relating to sexual assaults; and

         A total of $220 million over the 2009-2015 
        period for other programs to enhance DNA collection and 
        analysis.
Other Programs
    In addition to the specified authorizations identified 
above, CBO estimates that H.R. 5057 would authorize the 
appropriation of about $75 million over the 2009-2013 period 
for other DOJ programs.
    The bill would authorize the appropriation of whatever 
funds are necessary for fiscal years 2009 through 2013 to 
increase by 10 percent the amounts received by States through 
DOJ's Byrne Justice Assistance Grants if States collect DNA 
samples from certain types of offenders. The Congress 
appropriated $170 million for fiscal year 2008 for this grant 
program, and we expect that nearly all States would qualify for 
the increased funding. Assuming that appropriations for this 
program for fiscal years 2009 through 2013 are similar to the 
2008 level, CBO estimates that this provision would require 
additional funding of about $15 million annually over the 2009-
2013 period.
    In addition, CBO estimates that it would cost about $1 
million in fiscal year 2009 and less than $500,000 for each 
subsequent year for a DOJ study on the use of DNA samples by 
prosecutors, a national advisory board to develop standards for 
use of a Federal DNA database, and other programs.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 5057 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. Assuming appropriation of 
authorized amounts, State and local governments would receive 
about $800 million over the 2009-2013 period for DNA 
collections and analysis. Any costs to those governments would 
be incurred voluntarily.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860).
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220).
Impact on the Private Sector: Paige Piper/Bach (226-2940).

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
5057 will assist States in reducing the backlog of DNA samples 
in the Nation's labs, thereby assisting law enforcement in 
solving and deterring crimes.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 18 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5057 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. Section 1 sets forth the short title 
of the bill as the ``Debbie Smith Reauthorization Act of 
2008.''
    Sec. 2. Reauthorization of the Debbie Smith DNA Backlog 
Elimination Act of 2000. Section 2 renews the United States 
Attorney General's authority under section 14135 of title 42 of 
the United States Code to issue grants to States to help 
eliminate the backlog of DNA samples in the Nation's labs.
    This section also amends the current provision in three 
ways. First, it raises the funding authorization from $151 
million in fiscal year 2009 to $200 million for each of fiscal 
years 2010 through 2014. Second, it broadens the allowable uses 
of grants funded under this Program beyond criminal 
investigation, to include analyzing and cataloguing biological 
samples from missing persons and relatives of missing persons 
to help identify those missing persons. Finally, it conditions 
eligibility for a grant upon a State conducting mandatory DNA 
testing for all felons imprisoned within its system, for 
including the DNA samples in CODIS, within 2 years of receiving 
the grant.
    Sec 3. Study to Assess the DNA Analysis Backlog. Section 3 
authorizes $2 million for a study to be completed by the 
National Academies of Science that would identify the best 
practices for eliminating the backlog of DNA samples in the 
Nation's labs. Despite 5 years of funding to help eliminate the 
backlog, the backlog remains high. This study would identify 
the necessary level of funding, training needs, personnel 
levels, and any other pertinent information that would 
eliminate the backlog and prevent it from recurring. The 
National Academies of Science would submit the findings to the 
Attorney General of the United States within 1 year after the 
date of enactment of the Act.
    Sec. 4. Incentives for Permanent State-Generated DNA 
Funding Programs. Section 4 authorizes additional funding, 
beyond that authorized in section 2, to match funds that a 
State generates by fees or penalties to analyze DNA samples for 
law enforcement purposes. Funding is authorized for each of 
fiscal years 2009 through 2013.
    Sec. 5. Evaluation of DNA Integrity and Security. Section 5 
authorizes $10 million for each fiscal year 2009 through 2015 
for the United States Attorney General to evaluate the 
integrity and security of DNA collection practices and security 
of collected samples. The evaluation would be conducted through 
a representative audit sample of labs around the country each 
year, the results of which the Attorney General is to report to 
Congress.
    Sec. 6. Incentives for States to Collect DNA Samples from 
Individuals Arrested for or Charged with Murder and Sex Crimes. 
Section 6 provides grant incentives for States that mandate DNA 
testing for arrestees charged with murder, voluntary 
manslaughter, and certain sex offenses for including the 
results of the testing in CODIS. States that conduct such 
mandatory testing would be eligible for a 10 percent increase 
in the funding they receive under section 3758 of title 42 of 
the United States Code, the Edward Byrne Memorial Justice 
Assistance Grant Program, and funds are authorized as are 
necessary to carry out this section.
    Persons whose DNA profiles are entered in CODIS under this 
section pursuant to arrest, but who are not convicted may under 
certain circumstances have their DNA profiles removed from 
CODIS. Such expungement procedures are governed by section 
210304(d) of the DNA Identification Act of 1994.\7\
---------------------------------------------------------------------------
    \7\42 U.S.C. Sec. 14132(d).
---------------------------------------------------------------------------
    Sec. 7. Additional Study and Report on Investigations and 
Prosecutions Related to CODIS ``Hits.'' Section 7 directs the 
Attorney General to conduct a study to determine the 
effectiveness of investigative use of matches of DNA crime 
scene evidence to DNA samples taken from individuals. The study 
must detail the number of matches, the investigations that 
resulted in trial and conviction, and the cases that did not 
result in trial, or in conviction. For those instances where 
convictions were not attained, the study must detail the 
reasons why and whether there were any consequence that the 
lack of conviction had on the criminal justice system (i.e., 
whether the suspect has committed further crimes that could 
have been prevented). The study must be completed not later 
than 1 year after the date of enactment of the Act, and the 
Attorney General is to report the results of the study to 
Congress.
    Sec. 8. National DNA Index System Advisory Board. Section 8 
directs the Attorney General to establish the National DNA 
Index System Advisory Board to ensure diversity of views in the 
development of standards and requirements for the use of and 
access to the national DNA index, and provides for the 
establishment of standards providing for the expedited 
uploading of certain DNA profiles.
    Sec. 9. DNA Technology Enhancement Grants. Section 9 
directs the Attorney General to establish a grant program under 
which the Attorney General may make grants to States and local 
governments for improving their DNA technology. This grant 
program is authorized $50 million for each of fiscal years 2009 
through 2013.
    Sec. 10. Reauthorization of Certain DNA-Related Grant 
Programs. Section 10 reauthorizes section 303(b) of the Justice 
for All Act of 2000,\8\ which is currently set to expire at the 
end of fiscal year 2009, for five additional years. The grants 
under this section fund sexual assault forensic exams, DNA 
research and development, and DNA identification of missing 
persons.
---------------------------------------------------------------------------
    \8\42 U.S.C. Sec. 14136(b).
---------------------------------------------------------------------------

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

              DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

           *       *       *       *       *       *       *
SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

  (a) Authorization of Grants.--The Attorney General may make 
grants to eligible States or units of local government for use 
by the State or unit of local government for the following 
purposes:
          (1) * * *

           *       *       *       *       *       *       *

          (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.
          [(3)] (4) To increase the capacity of laboratories 
        owned by the State or by units of local government to 
        carry out DNA analyses of samples specified in 
        [paragraph (1) or (2)] paragraph (1), (2), or (3).
          [(4)] (5) To collect DNA samples specified [in 
        paragraph (1)] in paragraphs (1) and (3).
          [(5)] (6) To ensure that DNA testing and analysis of 
        samples from crimes, including sexual assault and other 
        serious violent crimes, are carried out in a timely 
        manner.

           *       *       *       *       *       *       *

  (b) Eligibility.--For a State or unit of local government to 
be eligible to receive a grant under this section, the chief 
executive officer of the State or unit of local government 
shall submit to the Attorney General an application in such 
form and containing such information as the Attorney General 
may require. The application shall, as required by the Attorney 
General--
          (1) * * *

           *       *       *       *       *       *       *

          (6) if submitted by a unit of local government, 
        certify that the unit of local government has taken, or 
        is taking, all necessary steps to ensure that it is 
        eligible to include, directly or through a State law 
        enforcement agency, all analyses of samples for which 
        it has requested funding in the Combined DNA Index 
        System; [and]
          (7) specify that portion of grant amounts that the 
        State or unit of local government shall use for the 
        purpose specified in subsection (a)(4)[.]; and
          (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).
  (c) Formula for Distribution of Grants.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Limitation.--Grant amounts distributed under 
        paragraph (1) shall be awarded to conduct DNA analyses 
        of samples from casework or from victims of crime under 
        subsection (a)(2) in accordance with the following 
        limitations:
                  [(A) For fiscal year 2005, not less than 50 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  [(B) For fiscal year 2006, not less than 50 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  [(C) For fiscal year 2007, not less than 45 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  [(D) For fiscal year 2008, not less than 40 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).]
                  [(E)] (A) For fiscal year 2009, not less than 
                40 percent of the grant amounts shall be 
                awarded for purposes under subsection (a)(2).
                  (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.
  [(j) Authorization of Appropriations.--Amounts are authorized 
to be appropriated to the Attorney General for grants under 
subsection (a) as follows:
          [(1) $151,000,000 for fiscal year 2005;
          [(2) $151,000,000 for fiscal year 2006;
          [(3) $151,000,000 for fiscal year 2007;
          [(4) $151,000,000 for fiscal year 2008; and
          [(5) $151,000,000 for fiscal year 2009.]
  (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.

           *       *       *       *       *       *       *

                              ----------                              

                      JUSTICE FOR ALL ACT OF 2004

           *       *       *       *       *       *       *
TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

           *       *       *       *       *       *       *

SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL 
                    PERSONNEL, AND COURT OFFICERS.

  (a) * * *
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated $12,500,000 for each of fiscal years 2005 
through [2009] 2014 to carry out this section.

SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $30,000,000 for each of fiscal years 2005 
through [2009] 2014 to carry out this section.

SEC. 305. DNA RESEARCH AND DEVELOPMENT.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $15,000,000 for each of fiscal years 2005 
through [2009] 2014 to carry out this section.

           *       *       *       *       *       *       *

SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $2,000,000 for each of fiscal years 2005 
through [2009] 2014 to carry out this section.

           *       *       *       *       *       *       *

                                  
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