SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Debbie Smith Reau-
thorization Act of 2008’’. 
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 
following 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; 
(B) in paragraph (7), by striking the pe-
riod 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 imple-
ment not later than 2 years after the date of such 
application, a process under which the State or unit, 
respectively, provides for the collection, for purposes 
of inclusion in the Combined DNA Index System of 
the Federal Bureau of Investigation, of DNA sam-
ples from all felons who are imprisoned in a prison 
of such State or unit, respectively, (including all fel-
ons imprisoned in such prison or unit, respectively, 
as of the date of the enactment of the Debbie Smith 
Reauthorization 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 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 
(4) by amending subsection (j) to read as fol-
lows: 
‘‘(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 Con-
gress 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 labora-
tories 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-
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 foren-
sic science practitioners from States and units of local gov-
ernment, conduct a study to determine the resources and 
other requirements necessary to eliminate the DNA anal-
ysis backlog and to prevent such a backlog from reoccur-
ring 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 eligi-
ble DNA funding State, with respect to a funding mecha-
nism described in subsection (b) implemented by such 
State, shall be eligible for Federal matching funds to carry 
out such mechanism in an amount determined to be ap-
propriate by the Attorney General. 
(b) 
ELIGIBLE
DNA 
FUNDING
STATES
DE-
SCRIBED.—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 mecha-
nism that generates funds, whether by fees or penalties, 
that are allocated by the State only for purposes of the 
analysis of DNA samples 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 proce-