SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA 
BACKLOG GRANT PROGRAM. 
Section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135) is amended— 
(1) 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 subpara-
graph: 
‘‘(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 
(2) by amending subsection (j) to read as fol-
lows: 
‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
for
grants
under
subsection
(a)
of
this
section 
$151,000,000 for each of the fiscal years 2009 through 
2014.’’. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Debbie Smith Reauthor-
ization Act of 2008’’. 
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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), re-
spectively; 
(B) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) To carry out, for inclusion in such Com-
bined DNA Index System, DNA analyses of samples 
from missing or unidentified persons, including sam-
ples 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; 
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(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 applica-
tion, a process under which the State or unit, respec-
tively, provides for the collection, for purposes of in-
clusion 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 Reau-
thorization 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 
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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 deter-
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mined 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 govern-
ment, conduct a study to determine the resources and other 
requirements necessary to eliminate the DNA analysis back-
log 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 Con-
gress 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 begin-
ning 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 
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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 gen-
erates funds, whether by fees or penalties, that are allocated 
by the State only for purposes of the analysis of DNA sam-
ples 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 secu-
rity 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 lab-
oratories in the United States. 
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(b) REPORT.—The Attorney General shall annually re-
port 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 SAM-
PLES 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 ‘‘en-
hanced 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 individuals who are at least 18 years 
of age and who are arrested for or charged with a criminal 
offense under State law that consists of— 
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(1) murder or voluntary manslaughter or any 
attempt to commit murder or voluntary man-
slaughter; or 
(2) an element involving a sexual act or sexual 
contact with another, any other criminal offense that 
is 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 Sys-
tem. 
(c) EFFECTIVE DATE.—The provisions of this section 
shall apply to grants made on or after the date of the enact-
ment 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. 
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SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGA-
TIONS 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 sam-
ples 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 para-
graph (1) that were not followed up on by appro-
priate 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. 
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(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Inspector General shall sub-
mit to Congress a report on the study under subsection (a). 
SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY BOARD. 
(a) ESTABLISHMENT.—The Attorney General shall es-
tablish 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 de-
scribed 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 Work-
ing 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 Insti-
tute of Justice. 
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(6) One representative from the National Acad-
emies of Science. 
(7) One State or local prosecutor. 
(8) One criminal defense attorney. 
(9) One representative from the National Insti-
tute 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 At-
torney General shall provide for public notice and comment 
for each standard developed under this section and for pub-
lication 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. 
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(2) TRAVEL EXPENSES.—Each member shall re-
ceive 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 Advi-
sory Board shall develop (and provide recommenda-
tions to the Director of the Federal Bureau of Inves-
tigation on) standards governing the use of and access 
to the index described in subsection (a). The NDIS 
Advisory Board shall periodically update such stand-
ards 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 labora-
tories. 
(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: 
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(A) The feasibility and desirability of enter-
ing into agreements with private forensic labora-
tories to enable direct access to the Combined 
DNA Index System of the Federal Bureau of In-
vestigation for the purpose of uploading DNA 
analyses of samples obtained from persons con-
victed of crimes. 
(B) The feasibility and desirability of pro-
viding 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 per-
mitting greater participation in the technical re-
view of DNA analyses of samples by contractor 
personnel. 
(D) The feasibility and desirability of al-
lowing immediate upload of DNA profiles ob-
tained 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 Gen-
eral, 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, proce-
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dures, and standards relating to the administration 
of the National DNA Index System including, stand-
ards for quality assurance, testing the proficiency of 
forensic laboratories, and forensic analysts, in con-
ducting 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 Na-
tional 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 pro-
visions contained in such approved policies, procedures, or 
standards. 
SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS. 
(a) IN GENERAL.—The Attorney General shall estab-
lish 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. 
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(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 EN-
FORCEMENT, CORRECTIONAL PERSONNEL, AND COURT OF-
FICERS.—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 amend-
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 
of the Whole House on the State of the Union, and or-
dered to be printed 
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