IB 

Union Calendar No. 484 

110TH CONGRESS 

2D SESSION H. R. 5057 

[Report No. 110–757] 

To reauthorize the Debbie Smith DNA Backlog Grant Program. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 17, 2008 

Mrs. MALONEY of New York (for herself, Mr. CONYERS, and Mr. SMITH of 

Texas) introduced the following bill; which was referred to the Committee 

on the Judiciary 

JULY 14, 2008 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reauthorize the Debbie Smith DNA Backlog Grant 

Program. 

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’’. 


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1 SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA 

2 BACKLOG GRANT PROGRAM. 

3 Section 2 of the DNA Analysis Backlog Elimination 

4 Act of 2000 (42 U.S.C. 14135) is amended— 

5 (1) in subsection (c)(3)— 

6 (A) by striking subparagraphs (A) through 

7 (D); 

8 (B) by redesignating subparagraph (E) as 

9 subparagraph (A); and 

10 (C) by inserting after subparagraph (A) 

11 (as so redesignated) the following new subpara12 graph: 

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

14 through 2014, not less than 40 percent of the 

15 grant amounts shall be awarded for purposes 

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

17 (2) by amending subsection (j) to read as fol18 lows: 

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

20 are authorized to be appropriated to the Attorney General 

21 for grants under subsection (a) of this section 

22 $151,000,000 for each of the fiscal years 2009 through 

23 2014.’’. 

24 SECTION 1. SHORT TITLE. 

25 This Act may be cited as the ‘‘Debbie Smith Reauthor26 ization Act of 2008’’. 


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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 fol11 lowing 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; 


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1 (B) in paragraph (7), by striking the period 

2 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 of 

6 local government has implemented, or will implement 

7 not later than 2 years after the date of such applica8 tion, a process under which the State or unit, respec9 tively, provides for the collection, for purposes of in10 clusion in the Combined DNA Index System of the 

11 Federal Bureau of Investigation, of DNA samples 

12 from all felons who are imprisoned in a prison of 

13 such State or unit, respectively, (including all felons 

14 imprisoned in such prison or unit, respectively, as of 

15 the date of the enactment of the Debbie Smith Reau16 thorization 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) (as 

23 so redesignated) the following new subparagraph: 

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

25 through 2014, not less than 40 percent of the 


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1 grant amounts shall be awarded for purposes 

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

3 (4) by amending subsection (j) to read as follows: 

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Attorney General for 

6 grants under subsection (a)— 

7 ‘‘(1) $151,000,000 for fiscal year 2009; and 

8 ‘‘(2) $200,000,000 for each of the fiscal years 

9 2010 through 2014.’’. 

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

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

12 on or after January 1, 2009. 

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

14 (a) SENSE OF CONGRESS.—It is the sense of Congress 

15 that— 

16 (1) despite the funding provided for more than 

17 5 fiscal years by the Federal Government to assist in 

18 the reduction of the DNA analysis backlog, the backlog 

19 continues to exist in many crime laboratories around 

20 the country; 

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

22 DNA analysis backlog, many violent crimes that 

23 could be solved remain unsolved, and individuals who 

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1 mined to be innocent through DNA testing remain in 

2 prison; and 

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

4 complex and require a thorough and detailed study.

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

6 Sciences shall, in consultation with no fewer than 3 forensic 

7 science practitioners from States and units of local govern8 ment, conduct a study to determine the resources and other 

9 requirements necessary to eliminate the DNA analysis back10 log and to prevent such a backlog from reoccurring after 

11 it has been eliminated.

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

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

14 Sciences shall submit to the Attorney General and to Con15 gress a report on the results of the study conducted under 

16 subsection (b). 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $2,000,000 for fiscal year 2009. 

20 SEC. 4. INCENTIVES FOR PERMANENT STATE-GENERATED 

21 DNA FUNDING STREAMS. 

22 (a) MATCHING FUNDS.—For each fiscal year begin23 ning after the date of the enactment of this Act, each eligible 

24 DNA funding State, with respect to a funding mechanism 

25 described in subsection (b) implemented by such State, shall 


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1 be eligible for Federal matching funds to carry out such 

2 mechanism in an amount determined to be appropriate by 

3 the Attorney General. 

4 (b) ELIGIBLE DNA FUNDING STATES DESCRIBED.— 

5 For purposes of this section, the term ‘‘eligible DNA funding 

6 State’’ means a State that demonstrates to the satisfaction 

7 of the Attorney General that the State has implemented 

8 (and applies) a permanent funding mechanism that gen9 erates funds, whether by fees or penalties, that are allocated 

10 by the State only for purposes of the analysis of DNA sam11 ples for law enforcement purposes. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to carry out this section such 

14 sums as may be necessary for each of the fiscal years 2009 

15 through 2013. 

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

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

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

19 the Attorney General shall evaluate the integrity and secu20 rity of DNA collection and storage practices and procedures 

21 at a sample of crime laboratories in the United States to 

22 determine the extent to which DNA samples are tampered 

23 with or are otherwise contaminated in crime laboratories. 

24 Such sample shall be a representative sample of crime lab25 oratories in the United States. 


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1 (b) REPORT.—The Attorney General shall annually re2 port to Congress the findings of the evaluation conducted 

3 under subsection (a). 

4 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $10,000,000 for each of the fiscal years 2009 through 2015. 

7 SEC. 6. INCENTIVES FOR STATES TO COLLECT DNA SAM8 PLES FROM INDIVIDUALS ARRESTED FOR OR 

9 CHARGED WITH MURDER AND SEX CRIMES. 

10 (a) IN GENERAL.—In the case of a State that receives 

11 funds for a fiscal year under subpart 1 of part E of title 

12 I of the Omnibus Crime Control and Safe Streets Act of 

13 1968 and that has an implemented enhanced State DNA 

14 collection process for such year, the amount of funds that 

15 would otherwise be allocated for that fiscal year to the State 

16 under such subpart shall be increased by 10 percent. 

17 (b) ENHANCED STATE DNA COLLECTION PROCESS

18 DEFINED.—For purposes of this section, the term ‘‘en19 hanced State DNA collection process’’ means, with respect 

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

21 the collection, for purposes of inclusion in the Combined 

22 DNA Index System of the Federal Bureau of Investigation, 

23 of DNA samples from individuals who are at least 18 years 

24 of age and who are arrested for or charged with a criminal 

25 offense under State law that consists of— 


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1 (1) murder or voluntary manslaughter or any 

2 attempt to commit murder or voluntary man3 slaughter; or 

4 (2) an element involving a sexual act or sexual 

5 contact with another, any other criminal offense that 

6 is a specified offense against a minor (as defined in 

7 section 111(7) of the Sex Offender Registration and 

8 Notification Act (42 U.S.C. 16911(7))), or an attempt 

9 to commit such an offense. 

10 The expungement requirements under section 210304(d) of 

11 the DNA Identification Act of 1994 (42 U.S.C. 14132(d)) 

12 shall apply to any samples collected pursuant to this section 

13 for purposes of inclusion in the Combined DNA Index Sys14 tem. 

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

16 shall apply to grants made on or after the date of the enact17 ment of this Act. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated, in addition to funds made 

20 available under section 508 of the Omnibus Crime Control 

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

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

23 the fiscal years 2009 through 2013. 


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1 SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGA2 TIONS AND PROSECUTIONS RELATED TO 

3 CODIS ‘‘HITS’’. 

4 (a) STUDY.—The Inspector General of the Department 

5 of Justice shall carry out a study on— 

6 (1) the number of instances in which DNA sam7 ples that are matched with samples included in the 

8 Combined DNA Index System database of the Federal 

9 Bureau of Investigation that are followed up on by 

10 appropriate law enforcement entities; 

11 (2) the number of such matches described in 

12 paragraph (1) that are brought to the attention of a 

13 prosecutor; 

14 (3) the number of the investigations described in 

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

16 (4) in the case of matches described in para17 graph (1) that were not followed up on by appro18 priate law enforcement entities, were not brought to 

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

20 trial— 

21 (A) the reasons why such matches were not 

22 pursued accordingly; and 

23 (B) the resulting impact on the criminal 

24 justice system, including whether other crimes 

25 were committed that could have been prevented if 

26 such matches had been pursued accordingly. 


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

2 of the enactment of this Act, the Inspector General shall sub3 mit to Congress a report on the study under subsection (a). 

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

5 (a) ESTABLISHMENT.—The Attorney General shall es6 tablish the National DNA Index System Advisory Board 

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

8 to develop and, if appropriate, periodically revise standards 

9 and requirements for the use of and access to the index de10 scribed in section 210304(a) of the DNA Identification Act 

11 of 1994 (42 U.S.C. 14132(a)). 

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

13 date of the enactment of this Act, the Director of the Federal 

14 Bureau of Investigation shall appoint members to the NDIS 

15 Advisory Board as follows: 

16 (1) At least 4 directors of State or local forensic 

17 laboratories. 

18 (2) One representative from the Federal Bureau 

19 of Investigation. 

20 (3) One representative from the Scientific Work21 ing Group on DNA Analysis Methods. 

22 (4) One representative from the Office of Legal 

23 Policy of the Department of Justice. 

24 (5) One representative from the National Insti25 tute of Justice. 


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1 (6) One representative from the National Acad2 emies of Science. 

3 (7) One State or local prosecutor. 

4 (8) One criminal defense attorney. 

5 (9) One representative from the National Insti6 tute of Standards and Technology. 

7 (10) One member of the academic community 

8 who specializes in DNA privacy issues. 

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

10 (12) One representative of a State police agency. 

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

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

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

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

15 (d) NOTICE, COMMENT, AND PUBLICATION.—The At16 torney General shall provide for public notice and comment 

17 for each standard developed under this section and for pub18 lication of each such standard. 

19 (e) PAY AND REIMBURSEMENT.— 

20 (1) NO COMPENSATION FOR MEMBERS OF NDIS

21 ADVISORY BOARD.—Except as provided in paragraph 

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

23 receive pay, allowances, or benefits by reason of their 

24 service on the Board. 


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1 (2) TRAVEL EXPENSES.—Each member shall re2 ceive travel expenses, including per diem in lieu of 

3 subsistence under subchapter I of chapter 57 of title 

4 5, United States Code. 

5 (f) QUALITY ASSURANCE STANDARDS.— 

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

7 the date of the enactment of this Act, the NDIS Advi8 sory Board shall develop (and provide recommenda9 tions to the Director of the Federal Bureau of Inves10 tigation on) standards governing the use of and access 

11 to the index described in subsection (a). The NDIS 

12 Advisory Board shall periodically update such stand13 ards as appropriate. The standards shall provide for 

14 the expedited uploading into such index by State and 

15 local forensic laboratories of DNA analyses of samples 

16 obtained from persons convicted of crimes, including 

17 such analyses processed by private forensic labora18 tories. 

19 (2) CONSIDERATION OF ADDITIONAL PROPOSALS

20 TO EXPEDITE PROCESSING AND UPLOADING OF DNA

21 SAMPLES.—Not later than one year after the date of 

22 the enactment of this Act, the NDIS Advisory Board 

23 shall also provide recommendations to the Director of 

24 the Federal Bureau of Investigation on the following: 


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1 (A) The feasibility and desirability of enter2 ing into agreements with private forensic labora3 tories to enable direct access to the Combined 

4 DNA Index System of the Federal Bureau of In5 vestigation for the purpose of uploading DNA 

6 analyses of samples obtained from persons con7 victed of crimes. 

8 (B) The feasibility and desirability of pro9 viding for more limited technical review audits 

10 of DNA analyses of samples prior to uploading 

11 such data into the Combined DNA Index System. 

12 (C) The feasibility and desirability of per13 mitting greater participation in the technical re14 view of DNA analyses of samples by contractor 

15 personnel. 

16 (D) The feasibility and desirability of al17 lowing immediate upload of DNA profiles ob18 tained from crime scene samples and rape kits. 

19 (3) ISSUANCE OF POLICIES, PROCEDURES, AND

20 STANDARDS.—The Director of the Federal Bureau of 

21 Investigation, with the approval of the Attorney Gen22 eral, after taking into consideration the recommended 

23 policies, procedures, and standards recommended by 

24 the NDIS Advisory Board under this section shall 

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1 dures, and standards relating to the administration 

2 of the National DNA Index System including, stand3 ards for quality assurance, testing the proficiency of 

4 forensic laboratories, and forensic analysts, in con5 ducting analyses of DNA. 

6 (g) EXCLUSIVITY OF POLICIES, PROCEDURES, AND

7 STANDARDS.—The policies, procedures, and standards 

8 issued under subsection (f)(3) shall be the exclusive policies, 

9 procedures, and standards issued with respect to State, 

10 local, and private laboratories that participate in the Na11 tional DNA Index System. Polices, procedures, laboratory 

12 audit requirements, standards, and any other manner of 

13 regulation or control (other than any condition imposed 

14 pursuant to a grant awarded through the Department of 

15 Justice) may not be inconsistent with, or expand upon pro16 visions contained in such approved policies, procedures, or 

17 standards. 

18 SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS. 

19 (a) IN GENERAL.—The Attorney General shall estab20 lish a grant program under which the Attorney General 

21 may make grants to States and units of local government 

22 to purchase forensic DNA technology or to improve such 

23 technology. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

3 fiscal years 2009 through 2013 to carry out subsection (a). 

4 SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA-RELATED 

5 GRANT PROGRAMS. 

6 (a) DNA TRAINING AND EDUCATION FOR LAW EN7 FORCEMENT, CORRECTIONAL PERSONNEL, AND COURT OF8 FICERS.—Section 303(b) of the Justice For All Act of 2004 

9 (42 U.S.C. 14136(b)) is amended by striking ‘‘2009’’ and 

10 inserting ‘‘2014’’. 

11 (b) SEXUAL ASSAULT FORENSIC EXAM PROGRAM

12 GRANTS.—Section 304(c) of such Act (42 U.S.C. 14136a(c)) 

13 is amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 

14 (c) DNA RESEARCH AND DEVELOPMENT.—Section 

15 305(c) of such Act (42 U.S.C. 14136b(c)) is amended by 

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

17 (d) DNA IDENTIFICATION OF MISSING PERSONS.— 

18 Section 308(c) of such Act (42 U.S.C. 14136d(c)) is amend19 ed 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.’’. 


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Union Calendar No. 484 

110TH CONGRESS 

2D SESSION H. R. 5057 

[Report No. 110

–757] 

A BILL 

To reauthorize the Debbie Smith DNA Backlog 

Grant Program. 

JULY 14, 2008 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Aug 31 2005 21:23 Jul 14, 2008 Jkt 069200 PO 00000 Frm 00018 Fmt 6651 Sfmt 6651 E:\BILLS\H5057.RH H5057

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