`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5057 Reference Change Senate (RCS)]







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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Debbie Smith Reauthorization Act of 
2008''.

SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    (a) Amendments.--Section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (3) through (5) as 
                paragraphs (4) through (6), respectively;
                    (B) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) To carry out, for inclusion in such Combined DNA 
        Index System, DNA analyses of samples from missing or 
        unidentified persons, including samples from the remains, 
        personal effects, or biological relatives of such persons.'';
                    (C) in paragraph (4) (as redesignated by 
                subparagraph (A)), by striking ``paragraph (1) or (2)'' 
                and inserting ``paragraph (1), (2), or (3)''; and
                    (D) in paragraph (5) (as so redesignated), by 
                striking ``in paragraph (1)'' and inserting ``in 
                paragraphs (1) and (3)'';
            (2) in subsection (b)--
                    (A) in paragraph (6), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (7), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(8) provide assurances that the State or unit of local 
        government has implemented, or will implement not later than 2 
        years after the date of such application, a process under which 
        the State or unit, respectively, provides for the collection, 
        for purposes of inclusion in the Combined DNA Index System of 
        the Federal Bureau of Investigation, of DNA samples from all 
        felons who are imprisoned in a prison of such State or unit, 
        respectively, (including all felons imprisoned in such prison 
        or unit, respectively, as of the date of the enactment of the 
        Debbie Smith Reauthorization Act of 2008).'';
            (3) in subsection (c)(3)--
                    (A) by striking subparagraphs (A) through (D);
                    (B) by redesignating subparagraph (E) as 
                subparagraph (A); and
                    (C) by inserting after subparagraph (A) (as so 
                redesignated) the following new subparagraph:
                    ``(B) For each of the fiscal years 2010 through 
                2014, not less than 40 percent of the grant amounts 
                shall be awarded for purposes under subsection (a)(2) 
                of this section.''; and
            (4) by amending subsection (j) to read as follows:
    ``(j) Authorization of Appropriations.--There is authorized to be 
appropriated to the Attorney General for grants under subsection (a)--
            ``(1) $151,000,000 for fiscal year 2009; and
            ``(2) $200,000,000 for each of the fiscal years 2010 
        through 2014.''.
    (b) Effective Date.--The amendments made by paragraph (2) of 
subsection (a) shall apply to grants made on or after January 1, 2009.

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

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) despite the funding provided for more than 5 fiscal 
        years by the Federal Government to assist in the reduction of 
        the DNA analysis backlog, the backlog continues to exist in 
        many crime laboratories around the country;
            (2) as a consequence of the continuance of the DNA analysis 
        backlog, many violent crimes that could be solved remain 
        unsolved, and individuals who have been wrongfully convicted 
        who could be determined to be innocent through DNA testing 
        remain in prison; and
            (3) the causes of the DNA analysis backlog are complex and 
        require a thorough and detailed study.                  
    (b) Study Required.--The National Academy of Sciences shall, in 
consultation with no fewer than 3 forensic science practitioners from 
States and units of local government, conduct a study to determine the 
resources and other requirements necessary to eliminate the DNA 
analysis backlog and to prevent such a backlog from reoccurring after 
it has been eliminated.  
    (c) Report.--Not later than one year after the date of the 
enactment of this Act, the National Academy of Sciences shall submit to 
the Attorney General and to Congress a report on the results of the 
study conducted under subsection (b).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 2009.

SEC. 4. INCENTIVES FOR PERMANENT STATE-GENERATED DNA FUNDING STREAMS.

    (a) Matching Funds.--For each fiscal year beginning after the date 
of the enactment of this Act, each eligible DNA funding State, with 
respect to a funding mechanism described in subsection (b) implemented 
by such State, shall be eligible for Federal matching funds to carry 
out such mechanism in an amount determined to be appropriate by the 
Attorney General.
    (b) Eligible DNA Funding States Described.--For purposes of this 
section, the term ``eligible DNA funding State'' means a State that 
demonstrates to the satisfaction of the Attorney General that the State 
has implemented (and applies) a permanent funding mechanism that 
generates funds, whether by fees or penalties, that are allocated by 
the State only for purposes of the analysis of DNA samples for law 
enforcement purposes.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section such sums as may be necessary 
for each of the fiscal years 2009 through 2013.

SEC. 5. EVALUATION OF DNA INTEGRITY AND SECURITY.

    (a) Evaluation.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the Attorney General 
shall evaluate the integrity and security of DNA collection and storage 
practices and procedures at a sample of crime laboratories in the 
United States to determine the extent to which DNA samples are tampered 
with or are otherwise contaminated in crime laboratories. Such sample 
shall be a representative sample of crime laboratories in the United 
States.
    (b) Report.--The Attorney General shall annually report to Congress 
the findings of the evaluation conducted under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of the 
fiscal years 2009 through 2015.

SEC. 6. INCENTIVES FOR STATES TO COLLECT DNA SAMPLES FROM INDIVIDUALS 
              ARRESTED FOR OR CHARGED WITH MURDER AND SEX CRIMES.

    (a) In General.--In the case of a State that receives funds for a 
fiscal year under subpart 1 of part E of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 and that has an implemented 
enhanced State DNA collection process for such year, the amount of 
funds that would otherwise be allocated for that fiscal year to the 
State under such subpart shall be increased by 10 percent.
    (b) Enhanced State DNA Collection Process Defined.--For purposes of 
this section, the term ``enhanced State DNA collection process'' means, 
with respect to a State, a process under which the State provides for 
the collection, for purposes of inclusion in the Combined DNA Index 
System of the Federal Bureau of Investigation, of DNA samples from the 
following individuals who are at least 18 years of age:
            (1) Such individuals who are arrested for or charged with a 
        criminal offense under State law that consists of murder or 
        voluntary manslaughter or any attempt to commit murder or 
        voluntary manslaughter.
            (2) Such individuals who are arrested for or charged with a 
        criminal offense under State law that has an element involving 
        a sexual act or sexual contact with another and that is 
        punishable by imprisonment for more than 1 year, or an attempt 
        to commit such an offense.
            (3) Such individuals who are arrested for or charged with a 
        criminal offense under State law that consists of a specified 
        offense against a minor (as defined in section 111(7) of the 
        Sex Offender Registration and Notification Act (42 U.S.C. 
        16911(7))), or an attempt to commit such an offense.
The expungement requirements under section 210304(d) of the DNA 
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any 
samples collected pursuant to this section for purposes of inclusion in 
the Combined DNA Index System.
    (c) Effective Date.--The provisions of this section shall apply to 
grants made on or after the date of the enactment of this Act.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated, in addition to funds made available under section 508 of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3758), such sums as may be necessary to carry out this section for each 
of the fiscal years 2009 through 2013.

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

    (a) Study.--The Inspector General of the Department of Justice 
shall carry out a study on--
            (1) the number of instances in which DNA samples that are 
        matched with samples included in the Combined DNA Index System 
        database of the Federal Bureau of Investigation that are 
        followed up on by appropriate law enforcement entities;
            (2) the number of such matches described in paragraph (1) 
        that are brought to the attention of a prosecutor;
            (3) the number of the investigations described in paragraph 
        (2) that result in a trial; and
            (4) in the case of matches described in paragraph (1) that 
        were not followed up on by appropriate law enforcement 
        entities, were not brought to the attention of a prosecutor, or 
        did not result in a trial--
                    (A) the reasons why such matches were not pursued 
                accordingly; and
                    (B) the resulting impact on the criminal justice 
                system, including whether other 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''.

            Passed the House of Representatives July 14, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.`