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[House Report 113-404]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-404

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

 
                DEBBIE SMITH REAUTHORIZATION ACT OF 2014

                                _______
                                

 April 7, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 4323]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 4323) to reauthorize programs authorized under the 
Debbie Smith Act of 2004, and for other purposes, having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page

Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     4
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Duplication of Federal Programs..................................     6
Disclosure of Directed Rule Makings..............................     6
Performance Goals and Objectives.................................     6
Advisory on Earmarks.............................................     6
Section-by-Section Analysis......................................     7
Changes in Existing Law Made by the Bill, as Reported............     7

                          Purpose and Summary

    H.R. 4323, the ``Debbie Smith Reauthorization Act of 
2014,'' reauthorizes the Debbie Smith DNA Backlog Grant Program 
at current funding levels for an additional 5 years through 
fiscal year 2019. Additionally, the bill reauthorizes, through 
fiscal year 2019, grants made for the purposes of training and 
education of various law enforcement and corrections personnel, 
court officers, and forensic science and medical professionals 
in the area of DNA collection and analysis.

                Background and Need for the Legislation

    The Debbie Smith DNA Backlog Grant Program provides Federal 
grants to states to reduce the DNA backlog in criminal 
investigations, particularly rapes and sexual assaults. In 
1989, Debbie Smith was kidnapped from her home while her 
husband, a police officer, was sleeping upstairs. She was 
dragged into the woods behind her Williamsburg, Virginia home 
and raped. Suicidal after the sexual assault, she lived with 
paralyzing fear that her unknown attacker would return to 
further harm her or her family.
    This fear would remain with her for over 6 years, until her 
attacker's DNA sample was finally removed from the state's 
backlog and included in the national DNA database. A suspect 
was identified immediately and subsequently convicted and 
imprisoned for his crimes.
    The substantial backlog of unanalyzed DNA samples in state 
and local evidence rooms throughout the country continues to be 
an important issue facing today's criminal justice system. A 
large number of our nation's crime laboratories do not have the 
capacity necessary to analyze DNA samples in an appropriate and 
timely fashion. Many have limited equipment resources, outdated 
information systems, overwhelming case management demands, and 
must meet significant training and certification requirements. 
As a result, the criminal justice system as a whole is unable 
to reap the full benefits of DNA technology.
    DNA evidence is used to further criminal investigations and 
prosecutions in two ways. First, in cases where a suspect is 
identified, a sample of that person's DNA can be compared to 
evidence from the crime scene. The results of this comparison 
may help establish whether the suspect committed the crime. In 
addition, in cases where a suspect has not yet been identified, 
biological evidence from the crime scene can be analyzed and 
compared to offender profiles in the national Combined DNA 
Index System (CODIS) to help identify the perpetrator. Crime 
scene evidence can also be linked to other crime scenes through 
the use of DNA databases.
    Currently, all states require offenders convicted of 
certain felonies to provide DNA samples which are entered into 
various law enforcement databases. A growing number of states 
are collecting DNA samples from those arrested for certain 
offenses. As a result, the importance of timely and appropriate 
analysis of these samples remains.
    In December 2013, the Department of Justice, through the 
National Institute of Justice, issued a report examining the 
DNA backlog problem in 2011.\1\ This report showed that 16% 
more DNA samples were received in 2011 than in 2009; and DNA 
backlogs increased by 9% during 2011. This despite the fact 
that, when compared to 2009, 10% more analyses of DNA samples 
were completed.
---------------------------------------------------------------------------
    \1\Mark Nelson, Ruby Chase & Lindsay DePalma, Nat'l Inst. of 
Justice, Special Report: Making Sense of DNA Backlogs, 2012--Myths vs. 
Reality; Dec. 2013
---------------------------------------------------------------------------
    The Debbie Smith program was originally authorized by the 
DNA Analysis Backlog Elimination Act of 2000 (P.L. 106-546, 
codified at 42 U.S.C. Sec. 14135). The program was amended in 
2004 by Title II of the Justice for All Act (P.L. 108-405), 
which expanded the scope of the program and named the program 
``The Debbie Smith DNA Backlog Grant Program.'' Under current 
law, grants awarded to states and local governments under this 
program can be used for the following purposes:

        1. LTo carry out DNA analyses of samples collected 
        under applicable legal authority for inclusion in the 
        FBI's national DNA database;

        2. LTo carry out DNA analyses of samples from crime 
        scenes, including samples from rape kits, samples from 
        other sexual assault evidence, and samples taken in 
        cases without an identified suspect for inclusion in 
        the national DNA database;

        3. LTo increase the capacity of laboratories owned by 
        states and local governments to carry out DNA analyses 
        of collected samples;

        4. LTo collect DNA samples from individuals who are 
        required to submit samples under applicable legal 
        authority;

        5. LTo 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.

        6. LTo implement a DNA arrestee collection process 
        consistent with applicable law;

        7. LTo conduct an audit of the samples of sexual 
        assault evidence that are in the possession of the 
        State or local unit of local government and are 
        awaiting testing; and

        8. LTo ensure that the collection and processing of DNA 
        evidence by law enforcement agencies from crimes is 
        carried out in an appropriate and timely manner and in 
        accordance with specified protocols and practices.

    The Attorney General is required to use a formula to 
distribute grant funds. Current law requires that these 
formulas are designed to distribute funds among eligible states 
and local governments in a way that maximizes the effective 
utilization of DNA technology to enhance public safety through 
solving crimes. Additionally, distributions are required to be 
fairly and efficiently allocated among eligible entities in 
jurisdictions in which significant backlogs exist.
    Each state is to receive a minimum allocation of not less 
than 0.50% of the total amount appropriated, except that the 
United States Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands shall each be allocated 0.125% of the 
total appropriation. In fiscal year 2014, Congress appropriated 
$117 million for the Debbie Smith DNA Backlog Grant program. 
The Debbie Smith program authorization expires at the end of 
fiscal year 2014.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
4323.

                        Committee Consideration

    On April 2, 2014, the Committee met in open session and 
ordered the bill H.R. 4323 favorably reported without 
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 there 
were no recorded votes during the Committee's consideration of 
H.R. 4323.

                      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. 4323, 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, April 4, 2014.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4323, the ``Debbie 
Smith Reauthorization Act of 2014.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Kim Cawley, 
who can be reached at 226-2850.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member

          H.R. 4323--Debbie Smith Reauthorization Act of 2014.

      As ordered reported by the House Committee on the Judiciary 
                           on April 2, 2014.

                                SUMMARY

    H.R. 4323 would authorize the appropriation of $968 million 
over the 2015-2019 period for Department of Justice (DOJ) 
programs to enhance the analysis of DNA samples and other work 
relating to criminal investigations. Assuming appropriation of 
the specified amounts, we estimate that implementing H.R. 4323 
would cost $644 million over the 2015-2019 period, with 
remaining amounts spent in subsequent years. Enacting the bill 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    H.R. 4323 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary effect of H.R. 4323 is shown in the 
following table. The costs of this legislation fall within 
budget function 750 (administration of justice).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                                     2015   2016   2017   2018   2019  2015-2019
----------------------------------------------------------------------------------------------------------------

CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level                                                   194    194    194    194    194       968

Estimated Outlays                                                      42    101    139    168    194       644
----------------------------------------------------------------------------------------------------------------
Note: Details may not add to totals because of rounding.

                           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.
    H.R. 4323 would authorize appropriations totaling $968 
million over the 2015-2019 period for DOJ programs to enhance 
the analysis of DNA samples and other work relating to criminal 
investigations. Over that period, the bill would authorize the 
following amounts:

         $151 million annually for the Debbie Smith 
        DNA Backlog grant program;

         $13 million annually for DOJ to make grants 
        to state and local governments to conduct training 
        regarding the use of DNA evidence; and

         $30 million annually 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.

CBO estimates that spending from those authorized amounts would 
total $644 million over the 2015-2019 period.

                     PAY-AS-YOU-GO CONSIDERATIONS:

    None.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 4323 contains no intergovernmental or private-sector 
mandates as defined in UMRA. Assuming appropriation of 
authorized amounts, state and local governments would receive 
about $640 million over the fiscal year 2015-2019 period to 
identify, collect, preserve, analyze, and use DNA samples. Any 
costs to those governments would be incurred voluntarily.

                         ESTIMATE PREPARED BY:

Federal Costs: Kim Cawley

Impact on State, Local, and Tribal Governments: Melissa Merrell

Impact on the Private Sector: Paige Piper/Bach

                         ESTIMATE APPROVED BY:

Theresa Gullo, Deputy Assistant Director for Budget Analysis

                    Duplication of Federal Programs

    No provision of H.R. 4323 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    No provision of H.R. 4323 directs a specific rule making 
within the meaning of 5 U.S.C. Sec. 551.

                    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. 
4323 reauthorizes, through fiscal year 2019, grants designed to 
reduce the backlog of untested DNA samples in state and local 
government possession nationwide through the Debbie Smith DNA 
Backlog Grant Program.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 4323 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Section 1. Short Title. This section cites the short title 
of the bill as the ``Debbie Smith Reauthorization Act of 
2014.''
    Section 2. General Reauthorization. This section 
reauthorizes the Debbie Smith DNA Backlog Grant Program at $151 
million annually for each of the fiscal years 2015 through 
2019. Additionally, rules limiting the use of such funds have 
been extended to include each of the fiscal years from 2014 
through 2019.
    Section 3. Training and Education. This section 
reauthorizes grants made for DNA training and education for law 
enforcement personnel, court officers, forensic science 
professionals, and corrections personnel. Appropriations are 
authorized in the amount of $12.5 million annually for each of 
the fiscal years 2015 through 2019.
    Section 4. Sexual Assault Forensic Exam Grants. This 
section reauthorizes grants made for DNA training, technical 
assistance, education, equipment and information relating to 
the collection, preservation, and use of DNA samples and 
evidence by various medical and other personnel. Appropriations 
are authorized in the amount of $30 million annually for each 
of the fiscal years 2015 through 2019.

         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 italics, 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) * * *

           *       *       *       *       *       *       *

    (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) * * *
                    (B) For each of the fiscal years [2010 
                through 2018] 2014 through 2019, not less than 
                40 percent of the grant amounts shall be 
                awarded for purposes under subsection (a)(2).
                    (C) For each of fiscal years 2014 through 
                [2018] 2019, not less than 75 percent of the 
                total grant amounts shall be awarded for a 
                combination of purposes under paragraphs (1), 
                (2), and (3) of subsection (a).

           *       *       *       *       *       *       *

    (j) Authorization of Appropriations.--There are authorized 
to be appropriated to the Attorney General for grants under 
subsection (a) $151,000,000 for each of fiscal years [2009 
through 2014] 2015 through 2019.

           *       *       *       *       *       *       *

                              ----------                              

                 DNA SEXUAL ASSAULT JUSTICE 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 [2009 
through 2014] 2015 through 2019 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 [2009 
through 2014] 2015 through 2019 to carry out this section.

           *       *       *       *       *       *       *

                                  
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