of the Federal Bureau of Investigation, after con-
sultation with representatives of the States and of 
appropriate Federal agencies, shall develop a plan to 
assist States in performing DNA analyses of DNA 
samples collected from convicted child sex offenders. 
(2) OBJECTIVE.—The objective of the plan de-
veloped under paragraph (1) shall be to effectively 
eliminate the backlog of convicted child sex offender 
DNA samples awaiting analysis in State or local fo-
rensic laboratory storage, including samples that 
need to be reanalyzed using upgraded methods, in 
an efficient, expeditious manner that will provide for 
the entry of those analyses into the combined DNA 
Indexing System (CODIS). 
(3) PREFERENCE IN FUNDING.—In providing 
assistance to States under the plan, the Director 
shall give a preference in assistance to those States 
that have developed a comprehensive program for 
the DNA analysis of crime scene evidence in case-
work for which there are no suspects. 
(b) PLAN CONDITIONS.—The plan developed under 
subsection (a) shall require the following: 
(1) That the Director of the Federal Bureau of 
Investigation— 
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(A) establish requirements for the perform-
ance of DNA analyses by private forensic lab-
oratories, including quality assurance stand-
ards, state-of-the-art testing methods, and other 
requirements that the Director considers appro-
priate; and 
(B) determine which private forensic lab-
oratories satisfy the requirements established 
pursuant to subparagraph (A). 
(2) That a laboratory may perform DNA anal-
yses under the plan only if it is a private forensic 
laboratory determined under paragraph (1)(B) to 
satisfy the requirements established pursuant to 
paragraph (1)(A). 
(3) That the Director of the Federal Bureau of 
Investigation provide assistance under the plan only 
pursuant to arrangements with private forensic lab-
oratories that have been determined under para-
graph (1)(B) to satisfy the requirements established 
pursuant to paragraph (1)(A). 
(4) That under each such arrangement— 
(A) the Director shall determine, for each 
State to which assistance is provided under the 
plan, the quantity of convicted child sex of-
fender DNA samples awaiting analysis in that 
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State on which the laboratory shall perform 
DNA analysis; 
(B) the laboratory shall perform those 
DNA analyses; and 
(C) the Director shall, on behalf of that 
State, provide funding to the laboratory to 
cover the costs of those DNA analyses. 
(5) That each DNA sample collected and ana-
lyzed under the plan be accessible only— 
(A) to criminal justice agencies for law en-
forcement identification purposes; 
(B) in judicial proceedings, if otherwise ad-
missible pursuant to applicable statutes or 
rules; 
(C) for criminal defense purposes, to a de-
fendant, who shall have access to samples and 
analyses performed in connection with the case 
in which such defendant is charged; or 
(D) for validation studies and protocol de-
velopment purposes, if personally identifiable 
information is removed. 
(c) IMPLEMENTATION
OF PLAN.—Subject to the 
availability of appropriations under subsection (d), the Di-
rector of the Federal Bureau of Investigation shall imple-
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ment the plan developed pursuant to subsection (a) with 
States that elect to participate. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Director of the 
Federal Bureau of Investigation to carry out this section 
$25,000,000 for each of the fiscal years 2009, 2010, and 
2011. 
Æ 
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