‘‘(1) $5,000,000 for fiscal year 2005; and
‘‘(2) $5,000,000 for each of the fiscal years
2006, 2007, 2008, and 2009.
‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any
other provision of law, amounts collected pursuant to sec-
tions 3729 through 3731 of title 31, United States Code
(commonly known as the ‘False Claims Act’), may be used
for grants under this section, subject to appropriation.’’.
SEC. 104. REPORTS.
(a) ADMINISTRATIVE
OFFICE
OF
THE
UNITED
STATES COURTS.—Not later than 1 year after the date
of enactment of this Act and annually thereafter, the Ad-
ministrative Office of the United States Courts, for each
Federal court, shall report to Congress the number of
times that a right established in chapter 237 of title 18,
United States Code, is asserted in a criminal case and the
relief requested is denied and, with respect to each such
denial, the reason for such denial, as well as the number
of times a mandamus action is brought pursuant to chap-
ter 237 of title 18, and the result reached.
(b) GOVERNMENT ACCOUNTABILITY OFFICE.—
(1) STUDY.—The Comptroller General shall
conduct a study that evaluates the effect and effi-
cacy of the implementation of the amendments made
by this title on the treatment of crime victims in the
Federal system.
(2) REPORT.—Not later than 4 years after the
date of enactment of this Act, the Comptroller Gen-
eral shall prepare and submit to the appropriate
committees a report containing the results of the
study conducted under subsection (a).
TITLE II—DEBBIE SMITH ACT OF
2004
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Debbie Smith Act of
2004’’.
SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
(a) DESIGNATION
OF PROGRAM; ELIGIBILITY
OF
LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the
DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended—
(1) by amending the heading to read as follows:
‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO-
GRAM.’’;
(2) in subsection (a)—
(A) in the matter preceding paragraph
(1)—
(i) by inserting ‘‘or units of local gov-
ernment’’ after ‘‘eligible States’’; and
(ii) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’;
(B) in paragraph (2), by inserting before
the period at the end the following: ‘‘, including
samples from rape kits, samples from other sex-
ual assault evidence, and samples taken in cases
without an identified suspect’’; and
(C) in paragraph (3), by striking ‘‘within
the State’’;
(3) in subsection (b)—
(A) in the matter preceding paragraph
(1)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’ both places that
term appears; and
(ii) by inserting ‘‘, as required by the
Attorney 
General’’ 
after 
‘‘application
shall’’;
(B) in paragraph (1), by inserting ‘‘or unit
of local government’’ after ‘‘State’’;
(C) in paragraph (3), by inserting ‘‘or unit
of local government’’ after ‘‘State’’ the first
place that term appears;
(D) in paragraph (4)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and
(ii) by striking ‘‘and’’ at the end;
(E) in paragraph (5)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and
(ii) by striking the period at the end
and inserting a semicolon; and
(F) by adding at the end the following:
‘‘(6) if submitted by a unit of local government,
certify that the unit of local government has taken,
or is taking, all necessary steps to ensure that it is
eligible to include, directly or through a State law
enforcement agency, all analyses of samples for
which it has requested funding in the Combined
DNA Index System; and’’;
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘The plan’’ and in-
serting ‘‘A plan pursuant to subsection
(b)(1)’’;
(ii) in subparagraph (A), by striking
‘‘within the State’’; and
(iii) in subparagraph (B), by striking
‘‘within the State’’; and
(B) in paragraph (2)(A), by inserting ‘‘and
units of local government’’ after ‘‘States’’;
(5) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘or local
government’’ after ‘‘State’’ both places that
term appears; and
(B) in paragraph (2), by inserting ‘‘or unit
of local government’’ after ‘‘State’’;
(6) in subsection (f), in the matter preceding
paragraph (1), by inserting ‘‘or unit of local govern-
ment’’ after ‘‘State’’;
(7) in subsection (g)—
(A) in paragraph (1), by inserting ‘‘or unit
of local government’’ after ‘‘State’’; and
(B) in paragraph (2), by inserting ‘‘or
units of local government’’ after ‘‘States’’; and
(8) in subsection (h), by inserting ‘‘or unit of
local government’’ after ‘‘State’’ both places that
term appears.
(b) REAUTHORIZATION
AND EXPANSION
OF PRO-
GRAM.—Section 2 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135) is amended—
(1) in subsection (a)—
‘‘(A) maximizes the effective utilization of
DNA technology to solve crimes and protect
public safety; and
‘‘(B) allocates grants among eligible enti-
ties fairly and efficiently to address jurisdic-
tions in which significant backlogs exist, by
considering—
‘‘(i) the number of offender and case-
work samples awaiting DNA analysis in a
jurisdiction;
‘‘(ii) the population in the jurisdiction;
and
‘‘(iii) the number of part 1 violent
crimes in the jurisdiction.
‘‘(2) MINIMUM AMOUNT.—The Attorney Gen-
eral shall allocate to each State not less than 0.50
percent of the total amount appropriated in a fiscal
year for grants under this section, except that the
United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each
be allocated 0.125 percent of the total appropriation.
‘‘(3) LIMITATION.—Grant amounts distributed
under paragraph (1) shall be awarded to conduct
DNA analyses of samples from casework or from
victims of crime under subsection (a)(2) in accord-
ance with the following limitations:
‘‘(A) For fiscal year 2005, not less than 50
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).
‘‘(B) For fiscal year 2006, not less than
50 percent of the grant amounts shall be
awarded for purposes under subsection (a)(2).
‘‘(C) For fiscal year 2007, not less than 45
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).
‘‘(D) For fiscal year 2008, not less than
40 percent of the grant amounts shall be
awarded for purposes under subsection (a)(2).
‘‘(E) For fiscal year 2009, not less than 40
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).’’;
(4) in subsection (g)—
(A) in paragraph (1), by striking ‘‘and’’ at
the end;
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) a description of the priorities and plan for
awarding grants among eligible States and units of
local government, and how such plan will ensure the
effective use of DNA technology to solve crimes and
protect public safety.’’;
(5) in subsection (j), by striking paragraphs (1)
and (2) and inserting the following:
‘‘(1) $151,000,000 for fiscal year 2005;
‘‘(2) $151,000,000 for fiscal year 2006;
‘‘(3) $151,000,000 for fiscal year 2007;
‘‘(4) $151,000,000 for fiscal year 2008; and
‘‘(5) $151,000,000 for fiscal year 2009.’’; and
‘‘(6) by adding at the end the following:
‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU-
DITS.—The Attorney General may distribute not more
than 1 percent of the grant amounts under subsection
(j)—
‘‘(1) to States or units of local government to
defray the costs incurred by laboratories operated by
each such State or unit of local government in pre-
paring for accreditation or reaccreditation;
‘‘(2) in the form of additional grants to States,
units of local government, or nonprofit professional
organizations of persons actively involved in forensic
science and nationally recognized within the forensic
science community—
‘‘(A) to defray the costs of external audits
of laboratories operated by such State or unit
of local government, which participates in the
National DNA Index System, to determine
whether the laboratory is in compliance with
quality assurance standards;
‘‘(B) to assess compliance with any plans
submitted to the National Institute of Justice,
which detail the use of funds received by States
or units of local government under this Act;
and
‘‘(C) to support future capacity building
efforts; and
‘‘(3) in the form of additional grants to non-
profit professional associations actively involved in
forensic science and nationally recognized within the
forensic science community to defray the costs of
training persons who conduct external audits of lab-
oratories operated by States and units of local gov-
ernment and which participate in the National DNA
Index System.
‘‘(l) USE
OF
FUNDS
FOR
OTHER
FORENSIC
SCIENCES.—The Attorney General may award a grant
under this section to a State or unit of local government
to alleviate a backlog of cases with respect to a forensic
science other than DNA analysis if the State or unit of
local government—
‘‘(1) certifies to the Attorney General that in
such State or unit—
‘‘(A) all of the purposes set forth in sub-
section (a) have been met;
‘‘(B) a significant backlog of casework is
not waiting for DNA analysis; and
‘‘(C) there is no need for significant lab-
oratory equipment, supplies, or additional per-
sonnel for timely DNA processing of casework
or offender samples; and
‘‘(2) demonstrates to the Attorney General that
such State or unit requires assistance in alleviating
a backlog of cases involving a forensic science other
than DNA analysis.
‘‘(m) EXTERNAL
AUDITS
AND
REMEDIAL
EF-
FORTS.—In the event that a laboratory operated by a
State or unit of local government which has received funds
under this Act has undergone an external audit conducted
to determine whether the laboratory is in compliance with
standards established by the Director of the Federal Bu-
reau of Investigation, and, as a result of such audit, iden-
tifies measures to remedy deficiencies with respect to the
compliance by the laboratory with such standards, the
State or unit of local government shall implement any
such remediation as soon as practicable.’’.
SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.
(a) INCLUSION
OF
ALL
DNA SAMPLES
FROM
STATES.—Section 210304 of the DNA Identification Act
of 1994 (42 U.S.C. 14132) is amended—
(1) in subsection (a)(1), by striking ‘‘of persons
convicted of crimes;’’ and inserting the following:
‘‘of—
‘‘(A) persons convicted of crimes;
‘‘(B) persons who have been charged in an
indictment or information with a crime; and
‘‘(C) other persons whose DNA samples
are collected under applicable legal authorities,
provided that DNA profiles from arrestees who
have not been charged in an indictment or in-
formation with a crime, and DNA samples that
are voluntarily submitted solely for elimination
purposes shall not be included in the National
DNA Index System;’’; and
(2) in subsection (d)(2)—
(A) by striking ‘‘if the responsible agency’’
and inserting ‘‘if—
‘‘(i) the responsible agency’’;