IIB 

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 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Debbie Smith Reau3 thorization Act of 2008’’. 

4 SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA 

5 BACKLOG GRANT PROGRAM. 

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

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

8 amended— 

9 (1) in subsection (a)— 

10 (A) by redesignating paragraphs (3) 

11 through (5) as paragraphs (4) through (6), re12 spectively; 

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

14 following new paragraph: 

15 ‘‘(3) To carry out, for inclusion in such Com16 bined DNA Index System, DNA analyses of samples 

17 from missing or unidentified persons, including sam18 ples from the remains, personal effects, or biological 

19 relatives of such persons.’’; 

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

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

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

23 (3)’’; and 

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

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

26 ‘‘in paragraphs (1) and (3)’’; 


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1 (2) in subsection (b)— 

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

3 after the semicolon; 

4 (B) in paragraph (7), by striking the pe5 riod and inserting ‘‘; and’’; and 

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

7 paragraph: 

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

9 of local government has implemented, or will imple10 ment not later than 2 years after the date of such 

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

12 respectively, provides for the collection, for purposes 

13 of inclusion in the Combined DNA Index System of 

14 the Federal Bureau of Investigation, of DNA sam15 ples from all felons who are imprisoned in a prison 

16 of such State or unit, respectively, (including all fel17 ons imprisoned in such prison or unit, respectively, 

18 as of the date of the enactment of the Debbie Smith 

19 Reauthorization Act of 2008).’’; 

20 (3) in subsection (c)(3)— 

21 (A) by striking subparagraphs (A) through 

22 (D); 

23 (B) by redesignating subparagraph (E) as 

24 subparagraph (A); and 


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1 (C) by inserting after subparagraph (A) 

2 (as so redesignated) the following new subpara3 graph: 

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

5 through 2014, not less than 40 percent of the 

6 grant amounts shall be awarded for purposes 

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

8 (4) by amending subsection (j) to read as fol9 lows: 

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

11 is authorized to be appropriated to the Attorney General 

12 for grants under subsection (a)— 

13 ‘‘(1) $151,000,000 for fiscal year 2009; and 

14 ‘‘(2) $200,000,000 for each of the fiscal years 

15 2010 through 2014.’’. 

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

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

18 on or after January 1, 2009. 

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

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) despite the funding provided for more than 

23 5 fiscal years by the Federal Government to assist 

24 in the reduction of the DNA analysis backlog, the 


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1 backlog continues to exist in many crime labora2 tories around the country; 

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

4 DNA analysis backlog, many violent crimes that 

5 could be solved remain unsolved, and individuals who 

6 have been wrongfully convicted who could be deter7 mined to be innocent through DNA testing remain 

8 in prison; and 

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

10 complex and require a thorough and detailed study.

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

12 Sciences shall, in consultation with no fewer than 3 foren13 sic science practitioners from States and units of local gov14 ernment, conduct a study to determine the resources and 

15 other requirements necessary to eliminate the DNA anal16 ysis backlog and to prevent such a backlog from reoccur17 ring after it has been eliminated.

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

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

20 Sciences shall submit to the Attorney General and to Con21 gress a report on the results of the study conducted under 

22 subsection (b). 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to carry out this section 

25 $2,000,000 for fiscal year 2009. 


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1 SEC. 4. INCENTIVES FOR PERMANENT STATE-GENERATED 

2 DNA FUNDING STREAMS. 

3 (a) MATCHING FUNDS.—For each fiscal year begin4 ning after the date of the enactment of this Act, each eligi5 ble DNA funding State, with respect to a funding mecha6 nism described in subsection (b) implemented by such 

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

8 out such mechanism in an amount determined to be ap9 propriate by the Attorney General. 

10 (b) ELIGIBLE DNA FUNDING STATES DE11 SCRIBED.—For purposes of this section, the term ‘‘eligible 

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

13 the satisfaction of the Attorney General that the State has 

14 implemented (and applies) a permanent funding mecha15 nism that generates funds, whether by fees or penalties, 

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

17 analysis of DNA samples for law enforcement purposes. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

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

21 2009 through 2013. 

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

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

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

25 the Attorney General shall evaluate the integrity and secu26 rity of DNA collection and storage practices and proceVerDate Aug 31 2005 02:19 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RFS H5057

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1 dures at a sample of crime laboratories in the United 

2 States to determine the extent to which DNA samples are 

3 tampered with or are otherwise contaminated in crime lab4 oratories. Such sample shall be a representative sample 

5 of crime laboratories in the United States. 

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

7 report to Congress the findings of the evaluation con8 ducted under subsection (a). 

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $10,000,000 for each of the fiscal years 2009 through 

12 2015. 

13 SEC. 6. INCENTIVES FOR STATES TO COLLECT DNA SAM14 PLES FROM INDIVIDUALS ARRESTED FOR OR 

15 CHARGED WITH MURDER AND SEX CRIMES. 

16 (a) IN GENERAL.—In the case of a State that re17 ceives funds for a fiscal year under subpart 1 of part E 

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

19 Act of 1968 and that has an implemented enhanced State 

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

21 that would otherwise be allocated for that fiscal year to 

22 the State under such subpart shall be increased by 10 per23 cent. 

24 (b) ENHANCED STATE DNA COLLECTION PROCESS

25 DEFINED.—For purposes of this section, the term ‘‘enVerDate Aug 31 2005 02:19 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RFS H5057

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1 hanced State DNA collection process’’ means, with respect 

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

3 the collection, for purposes of inclusion in the Combined 

4 DNA Index System of the Federal Bureau of Investiga5 tion, of DNA samples from the following individuals who 

6 are at least 18 years of age: 

7 (1) Such individuals who are arrested for or 

8 charged with a criminal offense under State law that 

9 consists of murder or voluntary manslaughter or any 

10 attempt to commit murder or voluntary man11 slaughter. 

12 (2) Such individuals who are arrested for or 

13 charged with a criminal offense under State law that 

14 has an element involving a sexual act or sexual con15 tact with another and that is punishable by impris16 onment for more than 1 year, or an attempt to com17 mit such an offense. 

18 (3) Such individuals who are arrested for or 

19 charged with a criminal offense under State law that 

20 consists of a specified offense against a minor (as 

21 defined in section 111(7) of the Sex Offender Reg22 istration and Notification Act (42 U.S.C. 

23 16911(7))), or an attempt to commit such an of24 fense. 


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1 The expungement requirements under section 210304(d) 

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

3 14132(d)) shall apply to any samples collected pursuant 

4 to this section for purposes of inclusion in the Combined 

5 DNA Index System. 

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

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

8 enactment of this Act. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated, in addition to funds made 

11 available under section 508 of the Omnibus Crime Control 

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

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

14 the fiscal years 2009 through 2013. 

15 SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGA16 TIONS AND PROSECUTIONS RELATED TO 

17 CODIS ‘‘HITS’’. 

18 (a) STUDY.—The Inspector General of the Depart19 ment of Justice shall carry out a study on— 

20 (1) the number of instances in which DNA 

21 samples that are matched with samples included in 

22 the Combined DNA Index System database of the 

23 Federal Bureau of Investigation that are followed up 

24 on by appropriate law enforcement entities; 


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1 (2) the number of such matches described in 

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

3 a prosecutor; 

4 (3) the number of the investigations described 

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

6 (4) in the case of matches described in para7 graph (1) that were not followed up on by appro8 priate law enforcement entities, were not brought to 

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

10 trial— 

11 (A) the reasons why such matches were 

12 not pursued accordingly; and 

13 (B) the resulting impact on the criminal 

14 justice system, including whether other crimes 

15 were committed that could have been prevented 

16 if such matches had been pursued accordingly. 

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

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

19 submit to Congress a report on the study under subsection 

20 (a). 

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

22 (a) ESTABLISHMENT.—The Attorney General shall 

23 establish the National DNA Index System Advisory Board 

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

25 to develop and, if appropriate, periodically revise standVerDate Aug 31 2005 02:19 Aug 02, 2008 Jkt 069002 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5057.RFS H5057

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1 ards and requirements for the use of and access to the 

2 index described in section 210304(a) of the DNA Identi3 fication Act of 1994 (42 U.S.C. 14132(a)). 

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

5 date of the enactment of this Act, the Director of the Fed6 eral Bureau of Investigation shall appoint members to the 

7 NDIS Advisory Board as follows: 

8 (1) At least 4 directors of State or local foren9 sic laboratories. 

10 (2) One representative from the Federal Bu11 reau of Investigation. 

12 (3) One representative from the Scientific 

13 Working Group on DNA Analysis Methods. 

14 (4) One representative from the Office of Legal 

15 Policy of the Department of Justice. 

16 (5) One representative from the National Insti17 tute of Justice. 

18 (6) One representative from the National Acad19 emies of Science. 

20 (7) One State or local prosecutor. 

21 (8) One criminal defense attorney. 

22 (9) One representative from the National Insti23 tute of Standards and Technology. 

24 (10) One member of the academic community 

25 who specializes in DNA privacy issues. 


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

2 (12) One representative of a State police agen3 cy. 

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

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

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

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

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

9 Attorney General shall provide for public notice and com10 ment for each standard developed under this section and 

11 for publication of each such standard. 

12 (e) PAY AND REIMBURSEMENT.— 

13 (1) NO COMPENSATION FOR MEMBERS OF NDIS

14 ADVISORY BOARD.—Except as provided in paragraph 

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

16 receive pay, allowances, or benefits by reason of 

17 their service on the Board. 

18 (2) TRAVEL EXPENSES.—Each member shall 

19 receive travel expenses, including per diem in lieu of 

20 subsistence under subchapter I of chapter 57 of title 

21 5, United States Code. 

22 (f) QUALITY ASSURANCE STANDARDS.— 

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

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

25 NDIS Advisory Board shall develop (and provide 


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1 recommendations to the Director of the Federal Bu2 reau of Investigation on) standards governing the 

3 use of and access to the index described in sub4 section (a). The NDIS Advisory Board shall periodi5 cally update such standards as appropriate. The 

6 standards shall provide for the expedited uploading 

7 into such index by State and local forensic labora8 tories of DNA analyses of samples obtained from 

9 persons convicted of crimes, including such analyses 

10 processed by private forensic laboratories. 

11 (2) CONSIDERATION OF ADDITIONAL PRO12 POSALS TO EXPEDITE PROCESSING AND UPLOADING

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

14 the date of the enactment of this Act, the NDIS Ad15 visory Board shall also provide recommendations to 

16 the Director of the Federal Bureau of Investigation 

17 on the following: 

18 (A) The feasibility and desirability of en19 tering into agreements with private forensic lab20 oratories to enable direct access to the Com21 bined DNA Index System of the Federal Bu22 reau of Investigation for the purpose of 

23 uploading DNA analyses of samples obtained 

24 from persons convicted of crimes. 


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1 (B) The feasibility and desirability of pro2 viding for more limited technical review audits 

3 of DNA analyses of samples prior to uploading 

4 such data into the Combined DNA Index Sys5 tem. 

6 (C) The feasibility and desirability of per7 mitting greater participation in the technical re8 view of DNA analyses of samples by contractor 

9 personnel. 

10 (D) The feasibility and desirability of al11 lowing immediate upload of DNA profiles ob12 tained from crime scene samples and rape kits. 

13 (3) ISSUANCE OF POLICIES, PROCEDURES, AND

14 STANDARDS.—The Director of the Federal Bureau 

15 of Investigation, with the approval of the Attorney 

16 General, after taking into consideration the rec17 ommended policies, procedures, and standards rec18 ommended by the NDIS Advisory Board under this 

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

20 policies, procedures, and standards relating to the 

21 administration of the National DNA Index System 

22 including, standards for quality assurance, testing 

23 the proficiency of forensic laboratories, and forensic 

24 analysts, in conducting analyses of DNA. 


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1 (g) EXCLUSIVITY OF POLICIES, PROCEDURES, AND

2 STANDARDS.—The policies, procedures, and standards 

3 issued under subsection (f)(3) shall be the exclusive poli4 cies, procedures, and standards issued with respect to 

5 State, local, and private laboratories that participate in 

6 the National DNA Index System. Polices, procedures, lab7 oratory audit requirements, standards, and any other 

8 manner of regulation or control (other than any condition 

9 imposed pursuant to a grant awarded through the Depart10 ment of Justice) may not be inconsistent with, or expand 

11 upon provisions contained in such approved policies, proce12 dures, or standards. 

13 SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS. 

14 (a) IN GENERAL.—The Attorney General shall estab15 lish a grant program under which the Attorney General 

16 may make grants to States and units of local government 

17 to purchase forensic DNA technology or to improve such 

18 technology. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

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

21 fiscal years 2009 through 2013 to carry out subsection 

22 (a). 


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1 SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA-RELATED 

2 GRANT PROGRAMS. 

3 (a) DNA TRAINING AND EDUCATION FOR LAW EN4 FORCEMENT, CORRECTIONAL PERSONNEL, AND COURT

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

6 2004 (42 U.S.C. 14136(b)) is amended by striking 

7 ‘‘2009’’ and inserting ‘‘2014’’. 

8 (b) SEXUAL ASSAULT FORENSIC EXAM PROGRAM

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

10 14136a(c)) is amended by striking ‘‘2009’’ and inserting 

11 ‘‘2014’’. 

12 (c) DNA RESEARCH AND DEVELOPMENT.—Section 

13 305(c) of such Act (42 U.S.C. 14136b(c)) is amended by 

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

15 (d) DNA IDENTIFICATION OF MISSING PERSONS.— 

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

17 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. 


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