I 

108TH CONGRESS 

1ST SESSION H. R. 889

To eliminate the backlog in performing DNA analyses of DNA samples 

collected from convicted child sex offenders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 25, 2003

Mr. KING of New York introduced the following bill; which was referred to 

the Committee on the Judiciary 

A BILL

To eliminate the backlog in performing DNA analyses of 

DNA samples collected from convicted child sex offenders, 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 ‘‘Convicted Child Sex 

5 Offender DNA Index System Support Act’’. 

6 SEC. 2. ELIMINATION OF CHILD SEX OFFENDER DNA BACK7 LOG. 

8 (a) DEVELOPMENT OF PLAN.—

9 (1) IN GENERAL.—Not later than 45 days after 

10 the date of the enactment of this Act, the Director 
2

•HR 889 IH 

1 of the Federal Bureau of Investigation, after con2 sultation with representatives of the States and of 

3 appropriate Federal agencies, shall develop a plan to 

4 assist States in performing DNA analyses of DNA 

5 samples collected from convicted child sex offenders. 

6 (2) OBJECTIVE.—The objective of the plan de7 veloped under paragraph (1) shall be to effectively 

8 eliminate the backlog of convicted child sex offender 

9 DNA samples awaiting analysis in State or local fo10 rensic laboratory storage, including samples that 

11 need to be reanalyzed using upgraded methods, in 

12 an efficient, expeditious manner that will provide for 

13 the entry of those analyses into the combined DNA 

14 Indexing System (CODIS). 

15 (3) PREFERENCE IN FUNDING.—In providing 

16 assistance to States under the plan, the Director 

17 shall give a preference in assistance to those States 

18 that have developed a comprehensive program for 

19 the DNA analysis of crime scene evidence in case20 work for which there are no suspects. 

21 (b) PLAN CONDITIONS.—The plan developed under 

22 subsection (a) shall require the following: 

23 (1) That the Director of the Federal Bureau of 

24 Investigation—
3

•HR 889 IH 

1 (A) establish requirements for the perform2 ance of DNA analyses by private forensic lab3 oratories, including quality assurance stand4 ards, state-of-the-art testing methods, and other 

5 requirements that the Director considers appro6 priate; and 

7 (B) determine which private forensic lab8 oratories satisfy the requirements established 

9 pursuant to subparagraph (A). 

10 (2) That a laboratory may perform DNA anal11 yses under the plan only if it is a private forensic 

12 laboratory determined under paragraph (1)(B) to 

13 satisfy the requirements established pursuant to 

14 paragraph (1)(A). 

15 (3) That the Director of the Federal Bureau of 

16 Investigation provide assistance under the plan only 

17 pursuant to arrangements with private forensic lab18 oratories that have been determined under para19 graph (1)(B) to satisfy the requirements established 

20 pursuant to paragraph (1)(A). 

21 (4) That under each such arrangement—

22 (A) the Director shall determine, for each 

23 State to which assistance is provided under the 

24 plan, the quantity of convicted child sex of25 fender DNA samples awaiting analysis in that 
4

•HR 889 IH 

1 State on which the laboratory shall perform 

2 DNA analysis; 

3 (B) the laboratory shall perform those 

4 DNA analyses; and 

5 (C) the Director shall, on behalf of that 

6 State, provide funding to the laboratory to 

7 cover the costs of those DNA analyses. 

8 (5) That each DNA sample collected and ana9 lyzed under the plan be accessible only—

10 (A) to criminal justice agencies for law en11 forcement identification purposes; 

12 (B) in judicial proceedings, if otherwise ad13 missible pursuant to applicable statutes or 

14 rules; 

15 (C) for criminal defense purposes, to a de16 fendant, who shall have access to samples and 

17 analyses performed in connection with the case 

18 in which such defendant is charged; or 

19 (D) for validation studies and protocol de20 velopment purposes, if personally identifiable 

21 information is removed. 

22 (6) That for any State in any fiscal year, upon 

23 the performance of all DNA analyses required to be 

24 performed by paragraph (4)(B) in that fiscal year, 

25 any funds provided to that State under this section 
5

•HR 889 IH 

1 for that fiscal year but not yet expended may be 

2 used by the State for the performance of DNA anal3 yses of other forensic DNA samples awaiting anal4 ysis in that State. 

5 (c) IMPLEMENTATION OF PLAN.—Subject to the 

6 availability of appropriations under subsection (d), the Di7 rector of the Federal Bureau of Investigation shall imple8 ment the plan developed pursuant to subsection (a) with 

9 States that elect to participate. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Director of the 

12 Federal Bureau of Investigation to carry out this section 

13 $25,000,000 for each of fiscal years 2003, 2004, and 

14 2005.

Æ