dures 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 lab-
oratories. Such sample shall be a representative sample 
of crime laboratories in the United States. 
(b) REPORT.—The Attorney General shall annually 
report to Congress the findings of the evaluation con-
ducted 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 re-
ceives 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 per-
cent. 
(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 Investiga-
tion, of DNA samples from the following individuals who 
are at least 18 years of age: 
(1) Such individuals who are arrested for or 
charged with a criminal offense under State law that 
consists of murder or voluntary manslaughter or any 
attempt to commit murder or voluntary man-
slaughter. 
(2) Such individuals who are arrested for or 
charged with a criminal offense under State law that 
has an element involving a sexual act or sexual con-
tact with another and that is punishable by impris-
onment for more than 1 year, or an attempt to com-
mit such an offense. 
(3) Such individuals who are arrested for or 
charged with a criminal offense under State law that 
consists of a specified offense against a minor (as 
defined in section 111(7) of the Sex Offender Reg-
istration 
and 
Notification 
Act 
(42 
U.S.C. 
16911(7))), or an attempt to commit such an of-
fense.
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 System. 
(c) EFFECTIVE DATE.—The provisions of this section 
shall apply to grants made on or after the date of the 
enactment 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. 
SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGA-
TIONS AND PROSECUTIONS RELATED TO 
CODIS ‘‘HITS’’. 
(a) STUDY.—The Inspector General of the Depart-
ment of Justice shall carry out a study on— 
(1) the number of instances in which DNA 
samples 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. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Inspector General shall 
submit to Congress a report on the study under subsection 
(a). 
SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY BOARD. 
(a) ESTABLISHMENT.—The Attorney General shall 
establish the National DNA Index System Advisory Board 
(in this section referred to as the ‘‘NDIS Advisory Board’’ 
to develop and, if appropriate, periodically revise stand-
ards and requirements for the use of and access to the 
index described in section 210304(a) of the DNA Identi-
fication 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 Fed-
eral Bureau of Investigation shall appoint members to the 
NDIS Advisory Board as follows: 
(1) At least 4 directors of State or local foren-
sic laboratories. 
(2) One representative from the Federal Bu-
reau of Investigation. 
(3) One representative from the Scientific 
Working 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. 
(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 agen-
cy. 
(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 
Attorney General shall provide for public notice and com-
ment for each standard developed under this section and 
for publication 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. 
(2) TRAVEL
EXPENSES.—Each member shall 
receive 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 Advisory Board shall develop (and provide
recommendations to the Director of the Federal Bu-
reau of Investigation on) standards governing the 
use of and access to the index described in sub-
section (a). The NDIS Advisory Board shall periodi-
cally update such standards as appropriate. The 
standards shall provide for the expedited uploading 
into such index by State and local forensic labora-
tories of DNA analyses of samples obtained from 
persons convicted of crimes, including such analyses 
processed by private forensic laboratories. 
(2) CONSIDERATION
OF
ADDITIONAL
PRO-
POSALS TO EXPEDITE PROCESSING AND UPLOADING 
OF DNA SAMPLES.—Not later than one year after 
the date of the enactment of this Act, the NDIS Ad-
visory Board shall also provide recommendations to 
the Director of the Federal Bureau of Investigation 
on the following: 
(A) The feasibility and desirability of en-
tering into agreements with private forensic lab-
oratories to enable direct access to the Com-
bined DNA Index System of the Federal Bu-
reau of Investigation for the purpose of 
uploading DNA analyses of samples obtained 
from persons convicted 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 Sys-
tem. 
(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 
General, after taking into consideration the rec-
ommended policies, procedures, and standards rec-
ommended by the NDIS Advisory Board under this 
section shall issue (and revise from time to time) 
policies, procedures, and standards relating to the 
administration of the National DNA Index System 
including, standards for quality assurance, testing 
the proficiency of forensic laboratories, and forensic 
analysts, in conducting analyses of DNA.
(g) EXCLUSIVITY OF POLICIES, PROCEDURES, AND 
STANDARDS.—The policies, procedures, and standards 
issued under subsection (f)(3) shall be the exclusive poli-
cies, procedures, and standards issued with respect to 
State, local, and private laboratories that participate in 
the National DNA Index System. Polices, procedures, lab-
oratory audit requirements, standards, and any other 
manner of regulation or control (other than any condition 
imposed pursuant to a grant awarded through the Depart-
ment of Justice) may not be inconsistent with, or expand 
upon provisions contained in such approved policies, proce-
dures, 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. 
(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 
OFFICERS.—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 
amended by striking ‘‘2009’’ and inserting ‘‘2014’’. 
Passed the House of Representatives July 14, 2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 5057 
AN ACT 
To reauthorize the Debbie Smith DNA Backlog 
Grant Program, and for other purposes.