II 
110TH CONGRESS 
2D SESSION 
H. R. 5057 
IN THE SENATE OF THE UNITED STATES 
JULY 15, 2008 
Received 
AUGUST 1, 2008 
Read twice and referred to the Committee on Health, Education, Labor, and 
Pensions 
SEPTEMBER 8, 2008 
Committee discharged; referred to the Committee on the Judiciary 
AN ACT 
To reauthorize the Debbie Smith DNA Backlog Grant 
Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Debbie Smith Reau-
thorization 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 
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; 
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(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: 
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‘‘(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 
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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-
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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-
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-
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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 
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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 
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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; 
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(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)). 
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(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. 
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(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-
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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 
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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 
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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’’. 
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(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: 
LORRAINE C. MILLER, 
Clerk. 
By ROBERT F. REEVES, 
Deputy Clerk. 
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