II 

110TH CONGRESS 

2D SESSION H. R. 5057 

IN THE SENATE OF THE UNITED STATES 

JULY 15, 2008 

Received 

AUGUST 1, 2008 

Read twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

SEPTEMBER 8, 2008 

Committee discharged; referred to the Committee on the Judiciary 

AN ACT 

To reauthorize the Debbie Smith DNA Backlog Grant 

Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Debbie Smith Reau5 thorization Act of 2008’’. 


jbell on PROD1PC69 with BILLS
2 

HR 5057 RCS

1 SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA 

2 BACKLOG GRANT PROGRAM. 

3 (a) AMENDMENTS.—Section 2 of the DNA Analysis 

4 Backlog Elimination Act of 2000 (42 U.S.C. 14135) is 

5 amended— 

6 (1) in subsection (a)— 

7 (A) by redesignating paragraphs (3) 

8 through (5) as paragraphs (4) through (6), re9 spectively; 

10 (B) by inserting after paragraph (2) the 

11 following new paragraph: 

12 ‘‘(3) To carry out, for inclusion in such Com13 bined DNA Index System, DNA analyses of samples 

14 from missing or unidentified persons, including sam15 ples from the remains, personal effects, or biological 

16 relatives of such persons.’’; 

17 (C) in paragraph (4) (as redesignated by 

18 subparagraph (A)), by striking ‘‘paragraph (1) 

19 or (2)’’ and inserting ‘‘paragraph (1), (2), or 

20 (3)’’; and 

21 (D) in paragraph (5) (as so redesignated), 

22 by striking ‘‘in paragraph (1)’’ and inserting 

23 ‘‘in paragraphs (1) and (3)’’; 

24 (2) in subsection (b)— 

25 (A) in paragraph (6), by striking ‘‘and’’ 

26 after the semicolon; 


jbell on PROD1PC69 with BILLS
3 

HR 5057 RCS

1 (B) in paragraph (7), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(8) provide assurances that the State or unit 

6 of local government has implemented, or will imple7 ment not later than 2 years after the date of such 

8 application, a process under which the State or unit, 

9 respectively, provides for the collection, for purposes 

10 of inclusion in the Combined DNA Index System of 

11 the Federal Bureau of Investigation, of DNA sam12 ples from all felons who are imprisoned in a prison 

13 of such State or unit, respectively, (including all fel14 ons imprisoned in such prison or unit, respectively, 

15 as of the date of the enactment of the Debbie Smith 

16 Reauthorization Act of 2008).’’; 

17 (3) in subsection (c)(3)— 

18 (A) by striking subparagraphs (A) through 

19 (D); 

20 (B) by redesignating subparagraph (E) as 

21 subparagraph (A); and 

22 (C) by inserting after subparagraph (A) 

23 (as so redesignated) the following new subpara24 graph: 


jbell on PROD1PC69 with BILLS
4 

HR 5057 RCS

1 ‘‘(B) For each of the fiscal years 2010 

2 through 2014, not less than 40 percent of the 

3 grant amounts shall be awarded for purposes 

4 under subsection (a)(2) of this section.’’; and 

5 (4) by amending subsection (j) to read as fol6 lows: 

7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 

8 is authorized to be appropriated to the Attorney General 

9 for grants under subsection (a)— 

10 ‘‘(1) $151,000,000 for fiscal year 2009; and 

11 ‘‘(2) $200,000,000 for each of the fiscal years 

12 2010 through 2014.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 paragraph (2) of subsection (a) shall apply to grants made 

15 on or after January 1, 2009. 

16 SEC. 3. STUDY TO ASSESS THE DNA ANALYSIS BACKLOG. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) despite the funding provided for more than 

20 5 fiscal years by the Federal Government to assist 

21 in the reduction of the DNA analysis backlog, the 

22 backlog continues to exist in many crime labora23 tories around the country; 

24 (2) as a consequence of the continuance of the 

25 DNA analysis backlog, many violent crimes that 


jbell on PROD1PC69 with BILLS
5 

HR 5057 RCS

1 could be solved remain unsolved, and individuals who 

2 have been wrongfully convicted who could be deter3 mined to be innocent through DNA testing remain 

4 in prison; and 

5 (3) the causes of the DNA analysis backlog are 

6 complex and require a thorough and detailed study.

7 (b) STUDY REQUIRED.—The National Academy of 

8 Sciences shall, in consultation with no fewer than 3 foren9 sic science practitioners from States and units of local gov10 ernment, conduct a study to determine the resources and 

11 other requirements necessary to eliminate the DNA anal12 ysis backlog and to prevent such a backlog from reoccur13 ring after it has been eliminated.

14 (c) REPORT.—Not later than one year after the date 

15 of the enactment of this Act, the National Academy of 

16 Sciences shall submit to the Attorney General and to Con17 gress a report on the results of the study conducted under 

18 subsection (b). 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $2,000,000 for fiscal year 2009. 

22 SEC. 4. INCENTIVES FOR PERMANENT STATE-GENERATED 

23 DNA FUNDING STREAMS. 

24 (a) MATCHING FUNDS.—For each fiscal year begin25 ning after the date of the enactment of this Act, each eligiVerDate Aug 31 2005 23:52 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RCS H5057

jbell on PROD1PC69 with BILLS
6 

HR 5057 RCS

1 ble DNA funding State, with respect to a funding mecha2 nism described in subsection (b) implemented by such 

3 State, shall be eligible for Federal matching funds to carry 

4 out such mechanism in an amount determined to be ap5 propriate by the Attorney General. 

6 (b) ELIGIBLE DNA FUNDING STATES DE7 SCRIBED.—For purposes of this section, the term ‘‘eligible 

8 DNA funding State’’ means a State that demonstrates to 

9 the satisfaction of the Attorney General that the State has 

10 implemented (and applies) a permanent funding mecha11 nism that generates funds, whether by fees or penalties, 

12 that are allocated by the State only for purposes of the 

13 analysis of DNA samples for law enforcement purposes. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 such sums as may be necessary for each of the fiscal years 

17 2009 through 2013. 

18 SEC. 5. EVALUATION OF DNA INTEGRITY AND SECURITY. 

19 (a) EVALUATION.—Not later than one year after the 

20 date of the enactment of this Act, and annually thereafter, 

21 the Attorney General shall evaluate the integrity and secu22 rity of DNA collection and storage practices and proce23 dures at a sample of crime laboratories in the United 

24 States to determine the extent to which DNA samples are 

25 tampered with or are otherwise contaminated in crime labVerDate Aug 31 2005 23:52 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RCS H5057

jbell on PROD1PC69 with BILLS
7 

HR 5057 RCS

1 oratories. Such sample shall be a representative sample 

2 of crime laboratories in the United States. 

3 (b) REPORT.—The Attorney General shall annually 

4 report to Congress the findings of the evaluation con5 ducted under subsection (a). 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated to carry out this section 

8 $10,000,000 for each of the fiscal years 2009 through 

9 2015. 

10 SEC. 6. INCENTIVES FOR STATES TO COLLECT DNA SAM11 PLES FROM INDIVIDUALS ARRESTED FOR OR 

12 CHARGED WITH MURDER AND SEX CRIMES. 

13 (a) IN GENERAL.—In the case of a State that re14 ceives funds for a fiscal year under subpart 1 of part E 

15 of title I of the Omnibus Crime Control and Safe Streets 

16 Act of 1968 and that has an implemented enhanced State 

17 DNA collection process for such year, the amount of funds 

18 that would otherwise be allocated for that fiscal year to 

19 the State under such subpart shall be increased by 10 per20 cent. 

21 (b) ENHANCED STATE DNA COLLECTION PROCESS

22 DEFINED.—For purposes of this section, the term ‘‘en23 hanced State DNA collection process’’ means, with respect 

24 to a State, a process under which the State provides for 

25 the collection, for purposes of inclusion in the Combined 


jbell on PROD1PC69 with BILLS
8 

HR 5057 RCS

1 DNA Index System of the Federal Bureau of Investiga2 tion, of DNA samples from the following individuals who 

3 are at least 18 years of age: 

4 (1) Such individuals who are arrested for or 

5 charged with a criminal offense under State law that 

6 consists of murder or voluntary manslaughter or any 

7 attempt to commit murder or voluntary man8 slaughter. 

9 (2) Such individuals who are arrested for or 

10 charged with a criminal offense under State law that 

11 has an element involving a sexual act or sexual con12 tact with another and that is punishable by impris13 onment for more than 1 year, or an attempt to com14 mit such an offense. 

15 (3) Such individuals who are arrested for or 

16 charged with a criminal offense under State law that 

17 consists of a specified offense against a minor (as 

18 defined in section 111(7) of the Sex Offender Reg19 istration and Notification Act (42 U.S.C. 

20 16911(7))), or an attempt to commit such an of21 fense. 

22 The expungement requirements under section 210304(d) 

23 of the DNA Identification Act of 1994 (42 U.S.C. 

24 14132(d)) shall apply to any samples collected pursuant 


jbell on PROD1PC69 with BILLS
9 

HR 5057 RCS

1 to this section for purposes of inclusion in the Combined 

2 DNA Index System. 

3 (c) EFFECTIVE DATE.—The provisions of this section 

4 shall apply to grants made on or after the date of the 

5 enactment of this Act. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated, in addition to funds made 

8 available under section 508 of the Omnibus Crime Control 

9 and Safe Streets Act of 1968 (42 U.S.C. 3758), such sums 

10 as may be necessary to carry out this section for each of 

11 the fiscal years 2009 through 2013. 

12 SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGA13 TIONS AND PROSECUTIONS RELATED TO 

14 CODIS ‘‘HITS’’. 

15 (a) STUDY.—The Inspector General of the Depart16 ment of Justice shall carry out a study on— 

17 (1) the number of instances in which DNA 

18 samples that are matched with samples included in 

19 the Combined DNA Index System database of the 

20 Federal Bureau of Investigation that are followed up 

21 on by appropriate law enforcement entities; 

22 (2) the number of such matches described in 

23 paragraph (1) that are brought to the attention of 

24 a prosecutor; 


jbell on PROD1PC69 with BILLS
10 

HR 5057 RCS

1 (3) the number of the investigations described 

2 in paragraph (2) that result in a trial; and 

3 (4) in the case of matches described in para4 graph (1) that were not followed up on by appro5 priate law enforcement entities, were not brought to 

6 the attention of a prosecutor, or did not result in a 

7 trial— 

8 (A) the reasons why such matches were 

9 not pursued accordingly; and 

10 (B) the resulting impact on the criminal 

11 justice system, including whether other crimes 

12 were committed that could have been prevented 

13 if such matches had been pursued accordingly. 

14 (b) REPORT.—Not later than one year after the date 

15 of the enactment of this Act, the Inspector General shall 

16 submit to Congress a report on the study under subsection 

17 (a). 

18 SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY BOARD. 

19 (a) ESTABLISHMENT.—The Attorney General shall 

20 establish the National DNA Index System Advisory Board 

21 (in this section referred to as the ‘‘NDIS Advisory Board’’ 

22 to develop and, if appropriate, periodically revise stand23 ards and requirements for the use of and access to the 

24 index described in section 210304(a) of the DNA Identi25 fication Act of 1994 (42 U.S.C. 14132(a)). 


jbell on PROD1PC69 with BILLS
11 

HR 5057 RCS

1 (b) MEMBERSHIP.—Not later than 30 days after the 

2 date of the enactment of this Act, the Director of the Fed3 eral Bureau of Investigation shall appoint members to the 

4 NDIS Advisory Board as follows: 

5 (1) At least 4 directors of State or local foren6 sic laboratories. 

7 (2) One representative from the Federal Bu8 reau of Investigation. 

9 (3) One representative from the Scientific 

10 Working Group on DNA Analysis Methods. 

11 (4) One representative from the Office of Legal 

12 Policy of the Department of Justice. 

13 (5) One representative from the National Insti14 tute of Justice. 

15 (6) One representative from the National Acad16 emies of Science. 

17 (7) One State or local prosecutor. 

18 (8) One criminal defense attorney. 

19 (9) One representative from the National Insti20 tute of Standards and Technology. 

21 (10) One member of the academic community 

22 who specializes in DNA privacy issues. 

23 (11) One crime victim or crime victim advocate. 

24 (12) One representative of a State police agen25 cy. 


jbell on PROD1PC69 with BILLS
12 

HR 5057 RCS

1 (13) One representative of a local police agency. 

2 (c) APPLICATION OF FACA.—The Federal Advisory 

3 Committee Act (5 U.S.C. App.), other than section 14 of 

4 such Act, shall apply to the NDIS Advisory Board. 

5 (d) NOTICE, COMMENT, AND PUBLICATION.—The 

6 Attorney General shall provide for public notice and com7 ment for each standard developed under this section and 

8 for publication of each such standard. 

9 (e) PAY AND REIMBURSEMENT.— 

10 (1) NO COMPENSATION FOR MEMBERS OF NDIS

11 ADVISORY BOARD.—Except as provided in paragraph 

12 (2), a member of the NDIS Advisory Board may not 

13 receive pay, allowances, or benefits by reason of 

14 their service on the Board. 

15 (2) TRAVEL EXPENSES.—Each member shall 

16 receive travel expenses, including per diem in lieu of 

17 subsistence under subchapter I of chapter 57 of title 

18 5, United States Code. 

19 (f) QUALITY ASSURANCE STANDARDS.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the 

22 NDIS Advisory Board shall develop (and provide 

23 recommendations to the Director of the Federal Bu24 reau of Investigation on) standards governing the 

25 use of and access to the index described in subVerDate Aug 31 2005 23:52 Sep 08, 2008 Jkt 069200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RCS H5057

jbell on PROD1PC69 with BILLS
13 

HR 5057 RCS

1 section (a). The NDIS Advisory Board shall periodi2 cally update such standards as appropriate. The 

3 standards shall provide for the expedited uploading 

4 into such index by State and local forensic labora5 tories of DNA analyses of samples obtained from 

6 persons convicted of crimes, including such analyses 

7 processed by private forensic laboratories. 

8 (2) CONSIDERATION OF ADDITIONAL PRO9 POSALS TO EXPEDITE PROCESSING AND UPLOADING

10 OF DNA SAMPLES.—Not later than one year after 

11 the date of the enactment of this Act, the NDIS Ad12 visory Board shall also provide recommendations to 

13 the Director of the Federal Bureau of Investigation 

14 on the following: 

15 (A) The feasibility and desirability of en16 tering into agreements with private forensic lab17 oratories to enable direct access to the Com18 bined DNA Index System of the Federal Bu19 reau of Investigation for the purpose of 

20 uploading DNA analyses of samples obtained 

21 from persons convicted of crimes. 

22 (B) The feasibility and desirability of pro23 viding for more limited technical review audits 

24 of DNA analyses of samples prior to uploading 


jbell on PROD1PC69 with BILLS
14 

HR 5057 RCS

1 such data into the Combined DNA Index Sys2 tem. 

3 (C) The feasibility and desirability of per4 mitting greater participation in the technical re5 view of DNA analyses of samples by contractor 

6 personnel. 

7 (D) The feasibility and desirability of al8 lowing immediate upload of DNA profiles ob9 tained from crime scene samples and rape kits. 

10 (3) ISSUANCE OF POLICIES, PROCEDURES, AND

11 STANDARDS.—The Director of the Federal Bureau 

12 of Investigation, with the approval of the Attorney 

13 General, after taking into consideration the rec14 ommended policies, procedures, and standards rec15 ommended by the NDIS Advisory Board under this 

16 section shall issue (and revise from time to time) 

17 policies, procedures, and standards relating to the 

18 administration of the National DNA Index System 

19 including, standards for quality assurance, testing 

20 the proficiency of forensic laboratories, and forensic 

21 analysts, in conducting analyses of DNA. 

22 (g) EXCLUSIVITY OF POLICIES, PROCEDURES, AND

23 STANDARDS.—The policies, procedures, and standards 

24 issued under subsection (f)(3) shall be the exclusive poli25 cies, procedures, and standards issued with respect to 


jbell on PROD1PC69 with BILLS
15 

HR 5057 RCS

1 State, local, and private laboratories that participate in 

2 the National DNA Index System. Polices, procedures, lab3 oratory audit requirements, standards, and any other 

4 manner of regulation or control (other than any condition 

5 imposed pursuant to a grant awarded through the Depart6 ment of Justice) may not be inconsistent with, or expand 

7 upon provisions contained in such approved policies, proce8 dures, or standards. 

9 SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS. 

10 (a) IN GENERAL.—The Attorney General shall estab11 lish a grant program under which the Attorney General 

12 may make grants to States and units of local government 

13 to purchase forensic DNA technology or to improve such 

14 technology. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated $50,000,000 for each of the 

17 fiscal years 2009 through 2013 to carry out subsection 

18 (a). 

19 SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA-RELATED 

20 GRANT PROGRAMS. 

21 (a) DNA TRAINING AND EDUCATION FOR LAW EN22 FORCEMENT, CORRECTIONAL PERSONNEL, AND COURT

23 OFFICERS.—Section 303(b) of the Justice For All Act of 

24 2004 (42 U.S.C. 14136(b)) is amended by striking 

25 ‘‘2009’’ and inserting ‘‘2014’’. 


jbell on PROD1PC69 with BILLS
16 

HR 5057 RCS

1 (b) SEXUAL ASSAULT FORENSIC EXAM PROGRAM

2 GRANTS.—Section 304(c) of such Act (42 U.S.C. 

3 14136a(c)) is amended by striking ‘‘2009’’ and inserting 

4 ‘‘2014’’. 

5 (c) DNA RESEARCH AND DEVELOPMENT.—Section 

6 305(c) of such Act (42 U.S.C. 14136b(c)) is amended by 

7 striking ‘‘2009’’ and inserting ‘‘2014’’. 

8 (d) DNA IDENTIFICATION OF MISSING PERSONS.— 

9 Section 308(c) of such Act (42 U.S.C. 14136d(c)) is 

10 amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 

Passed the House of Representatives July 14, 2008. 

Attest: LORRAINE C. MILLER, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


jbell on PROD1PC69 with BILLS