H. R. 3355—261
is satisfactorily completed, section 200106(d)(1)(B)(iii) shall not
apply.
SEC. 200110. STATE PLAN REQUIREMENTS.
A State Police Corps plan shall—
(1) provide for the screening and selection of participants
in accordance with the criteria set out in section 200107;
(2) state procedures governing the assignment of partici-
pants in the Police Corps program to State and local police
forces (no more than 10 percent of all the participants assigned
in each year by each State to be assigned to a statewide
police force or forces);
(3) provide that participants shall be assigned to those
geographic areas in which—
(A) there is the greatest need for additional law
enforcement personnel; and
(B) the participants will be used most effectively;
(4) provide that to the extent consistent with paragraph
(3), a participant shall be assigned to an area near the partici-
pant’s home or such other place as the participant may request;
(5) provide that to the extent feasible, a participant’s
assignment shall be made at the time the participant is
accepted into the program, subject to change—
(A) prior to commencement of a participant’s fourth
year of undergraduate study, under such circumstances
as the plan may specify; and
(B) from commencement of a participant’s fourth year
of undergraduate study until completion of 4 years of police
service by participant, only for compelling reasons or to
meet the needs of the State Police Corps program and
only with the consent of the participant;
(6) provide that no participant shall be assigned to serve
with a local police force—
(A) whose size has declined by more than 5 percent
since June 21, 1989; or
(B) which has members who have been laid off but
not retired;
(7) provide that participants shall be placed and to the
extent feasible kept on community and preventive patrol;
(8) ensure that participants will receive effective training
and leadership;
(9) provide that the State may decline to offer a participant
an appointment following completion of Federal training, or
may remove a participant from the Police Corps program at
any time, only for good cause (including failure to make satisfac-
tory progress in a course of educational study) and after follow-
ing reasonable review procedures stated in the plan; and
(10) provide that a participant shall, while serving as a
member of a police force, be compensated at the same rate
of pay and benefits and enjoy the same rights under applicable
agreements with labor organizations and under State and local
law as other police officers of the same rank and tenure in
the police force of which the participant is a member.
SEC. 200111. ASSISTANCE TO STATES AND LOCALITIES EMPLOYING
POLICE CORPS OFFICERS.
Each jurisdiction directly employing Police Corps participants
during the 4-year term of service prescribed by section 200109
H. R. 3355—262
shall receive $10,000 on account of each such participant at the
completion of each such year of service, but—
(1) no such payment shall be made on account of service
in any State or local police force—
(A) whose average size, in the year for which payment
is to be made, not counting Police Corps participants
assigned under section 106, has declined more than 2 per-
cent since January 1, 1993; or
(B) which has members who have been laid off but
not retired; and
(2) no such payment shall be made on account of any
Police Corps participant for years of service after the completion
of the term of service prescribed in section 200109.
SEC. 200112. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this sub-
title $20,000 for each of the fiscal years 1996 through 2000.
SEC. 200113. REPORTS TO CONGRESS.
(a) IN GENERAL.—Not later than April 1 of each year, the
Director shall submit a report to the Attorney General, the Presi-
dent, the Speaker of the House of Representatives, and the Presi-
dent of the Senate.
(b) CONTENTS.—A report under subsection (a) shall—
(1) state the number of current and past participants in
the Police Corps program, broken down according to the levels
of educational study in which they are engaged and years
of service they have served on police forces (including service
following completion of the 4-year service obligation);
(2) describe the geographic, racial, and gender dispersion
of participants in the Police Corps program; and
(3) describe the progress of the Police Corps program and
make recommendations for changes in the program.
Subtitle B—Law Enforcement Scholarship
Program
SEC. 200201. SHORT TITLE.
This subtitle may be cited as the ‘‘Law Enforcement Scholar-
ships and Recruitment Act’’.
SEC. 200202. DEFINITIONS.
In this subtitle—
‘‘Director’’ means the Director of the Office of the Police
Corps and Law Enforcement Education appointed under section
200104.
‘‘educational expenses’’ means expenses that are directly
attributable to—
(A) a course of education leading to the award of an
associate degree;
(B) a course of education leading to the award of a
baccalaureate degree; or
(C) a course of graduate study following award of a
baccalaureate degree,
including the cost of tuition, fees, books, supplies, and related
expenses.
H. R. 3355—263
‘‘institution of higher education’’ has the meaning stated
in the first sentence of section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a)).
‘‘law enforcement position’’ means employment as an officer
in a State or local police force, or correctional institution.
‘‘State’’ means a State of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands of the United States, American Samoa, Guam, and
the Commonwealth of the Northern Mariana Islands.
SEC. 200203. ALLOTMENT.
From amounts appropriated under section 200210, the Director
shall allot—
(1) 80 percent of such amounts to States on the basis
of the number of law enforcement officers in each State com-
pared to the number of law enforcement officers in all States;
and
(2) 20 percent of such amounts to States on the basis
of the shortage of law enforcement personnel and the need
for assistance under this subtitle in the State compared to
the shortage of law enforcement personnel and the need for
assistance under this subtitle in all States.
SEC. 200204. ESTABLISHMENT OF PROGRAM.
(a) USE OF ALLOTMENT.—
(1) IN GENERAL.—A State that receives an allotment pursu-
ant to section 200203 shall use the allotment to pay the Federal
share of the costs of—
(A) awarding scholarships to in-service law enforce-
ment personnel to enable such personnel to seek further
education; and
(B) providing—
(i) full-time employment in summer; or
(ii) part-time (not to exceed 20 hours per week)
employment for a period not to exceed 1 year.
(2) EMPLOYMENT.—The employment described in paragraph
(1)(B)—
(A) shall be provided by State and local law enforce-
ment agencies for students who are juniors or seniors in
high school or are enrolled in an institution of higher
education and who demonstrate an interest in undertaking
a career in law enforcement;
(B) shall not be in a law enforcement position; and
(C) shall consist of performing meaningful tasks that
inform students of the nature of the tasks performed by
law enforcement agencies.
(b) PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.—
(1) PAYMENTS.—Subject to the availability of appropria-
tions, the Director shall pay to each State that receives an
allotment under section 200203 the Federal share of the cost
of the activities described in the application submitted pursuant
to section 200203.
(2) FEDERAL SHARE.—The Federal share shall not exceed
60 percent.
(3) NON-FEDERAL SHARE.—The non-Federal share of the
cost of scholarships and student employment provided under
this subtitle shall be supplied from sources other than the
Federal Government.
H. R. 3355—264
(c) RESPONSIBILITIES
OF DIRECTOR.—The Director shall be
responsible for the administration of the programs conducted pursu-
ant to this subtitle and shall, in consultation with the Assistant
Secretary for Postsecondary Education, issue rules to implement
this subtitle.
(d) ADMINISTRATIVE EXPENSES.—A State that receives an allot-
ment under section 200203 may reserve not more than 8 percent
of the allotment for administrative expenses.
(e) SPECIAL RULE.—A State that receives an allotment under
section 200203 shall ensure that each scholarship recipient under
this subtitle be compensated at the same rate of pay and benefits
and enjoy the same rights under applicable agreements with labor
organizations and under State and local law as other law enforce-
ment personnel of the same rank and tenure in the office of which
the scholarship recipient is a member.
(f) SUPPLEMENTATION OF FUNDING.—Funds received under this
subtitle shall only be used to supplement, and not to supplant,
Federal, State, or local efforts for recruitment and education of
law enforcement personnel.
SEC. 200205. SCHOLARSHIPS.
(a) PERIOD OF AWARD.—Scholarships awarded under this sub-
title shall be for a period of 1 academic year.
(b) USE OF SCHOLARSHIPS.—Each individual awarded a scholar-
ship under this subtitle may use the scholarship for educational
expenses at an institution of higher education.
SEC. 200206. ELIGIBILITY.
(a) SCHOLARSHIPS.—A person shall be eligible to receive a schol-
arship under this subtitle if the person has been employed in
law enforcement for the 2-year period immediately preceding the
date on which assistance is sought.
(b) INELIGIBILITY FOR STUDENT EMPLOYMENT.—A person who
has been employed as a law enforcement officer is ineligible to
participate in a student employment program carried out under
this subtitle.
SEC. 200207. STATE APPLICATION.
(a) IN GENERAL.—Each State desiring an allotment under sec-
tion 200203 shall submit an application to the Director at such
time, in such manner, and accompanied by such information as
the Director may reasonably require.
(b) CONTENTS.—An application under subsection (a) shall—
(1) describe the scholarship program and the student
employment program for which assistance under this subtitle
is sought;
(2) contain assurances that the lead agency will work in
cooperation with the local law enforcement liaisons, representa-
tives of police labor organizations and police management
organizations, and other appropriate State and local agencies
to develop and implement interagency agreements designed
to carry out this subtitle;
(3) contain assurances that the State will advertise the
scholarship assistance and student employment it will provide
under this subtitle and that the State will use such programs
to enhance recruitment efforts;
H. R. 3355—265
(4) contain assurances that the State will screen and select
law enforcement personnel for participation in the scholarship
program under this subtitle;
(5) contain assurances that under such student employment
program the State will screen and select, for participation in
such program, students who have an interest in undertaking
a career in law enforcement;
(6) contain assurances that under such scholarship program
the State will make scholarship payments to institutions of
higher education on behalf of persons who receive scholarships
under this subtitle;
(7) with respect to such student employment program, iden-
tify—
(A) the employment tasks that students will be
assigned to perform;
(B) the compensation that students will be paid to
perform such tasks; and
(C) the training that students will receive as part
of their participation in the program;
(8) identify model curriculum and existing programs
designed to meet the educational and professional needs of
law enforcement personnel; and
(9) contain assurances that the State will promote coopera-
tive agreements with educational and law enforcement agencies
to enhance law enforcement personnel recruitment efforts in
institutions of higher education.
SEC. 200208. LOCAL APPLICATION.
(a) IN GENERAL.—A person who desires a scholarship or employ-
ment under this subtitle shall submit an application to the State
at such time, in such manner, and accompanied by such information
as the State may reasonably require.
(b) CONTENTS.—An application under subsection (a) shall
describe—
(1) the academic courses for which a scholarship is sought;
or
(2) the location and duration of employment that is sought.
(c) PRIORITY.—In awarding scholarships and providing student
employment under this subtitle, each State shall give priority to
applications from persons who are—
(1) members of racial, ethnic, or gender groups whose rep-
resentation in the law enforcement agencies within the State
is substantially less than in the population eligible for employ-
ment in law enforcement in the State;
(2) pursuing an undergraduate degree; and
(3) not receiving financial assistance under the Higher
Education Act of 1965.
SEC. 200209. SCHOLARSHIP AGREEMENT.
(a) IN GENERAL.—A person who receives a scholarship under
this subtitle shall enter into an agreement with the Director.
(b) CONTENTS.—An agreement described in subsection (a)
shall—
(1) provide assurances that the scholarship recipient will
work in a law enforcement position in the State that awarded
the scholarship in accordance with the service obligation
described in subsection (c) after completion of the scholarship
H. R. 3355—266
recipient’s academic courses leading to an associate, bachelor,
or graduate degree;
(2) provide assurances that the scholarship recipient will
repay the entire scholarship in accordance with such terms
and conditions as the Director shall prescribe if the require-
ments of the agreement are not complied with, unless the
scholarship recipient—
(A) dies;
(B) becomes physically or emotionally disabled, as
established by the sworn affidavit of a qualified physician;
or
(C) has been discharged in bankruptcy; and
(3) set forth the terms and conditions under which the
scholarship recipient may seek employment in the field of law
enforcement in a State other than the State that awarded
the scholarship.
(c) SERVICE OBLIGATION.—
(1) IN GENERAL.— Except as provided in paragraph (2),
a person who receives a scholarship under this subtitle shall
work in a law enforcement position in the State that awarded
the scholarship for a period of 1 month for each credit hour
for which funds are received under the scholarship.
(2) SPECIAL RULE.—For purposes of satisfying the require-
ment of paragraph (1), a scholarship recipient shall work in
a law enforcement position in the State that awarded the
scholarship for not less than 6 months but shall not be required
to work in such a position for more than 2 years.
SEC. 200210. AUTHORIZATION OF APPROPRIATIONS.
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to carry out this subtitle—
(1) $20,000,000 for fiscal year 1996;
(2) $20,000,000 for fiscal year 1997;
(3) $20,000,000 for fiscal year 1998;
(4) $20,000,000 for fiscal year 1999; and
(5) $20,000,000 for fiscal year 2000.
(b) USES OF FUNDS.—Of the funds appropriated under sub-
section (a) for a fiscal year—
(1) 80 percent shall be available to provide scholarships
described in section 200204(a)(1)(A); and
(2) 20 percent shall be available to provide employment
described in sections 200204(a)(1)(B) and 200204(a)(2).
TITLE XXI—STATE AND LOCAL LAW
ENFORCEMENT
Subtitle A—Byrne Program
SEC. 210101. EXTENSION OF BYRNE GRANT FUNDING.
There is authorized to be appropriated for fiscal years 1995
through 2000 such sums as may be necessary to carry out the
programs under parts D and E of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, of which the following amounts
may be appropriated from the Violent Crime Reduction Trust Fund:
(1) $580,000,000 for fiscal year 1995;
H. R. 3355—267
(2) $130,000,000 for fiscal year 1996;
(3) $100,000,000 for fiscal year 1997;
(4) $75,000,000 for fiscal year 1998;
(5) $70,000,000 for fiscal year 1999; and
(6) $45,000,000 for fiscal year 2000.
Subtitle B—Law Enforcement Family
Support
SEC. 210201. LAW ENFORCEMENT FAMILY SUPPORT.
(a) IN GENERAL.—Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended
by section 50001(a), is amended—
(1) by redesignating part W as part X;
(2) by redesignating section 2301 as 2401; and
(3) by inserting after part V the following new part:
‘‘PART W—FAMILY SUPPORT
‘‘SEC. 2301. DUTIES.
‘‘The Attorney General shall—
‘‘(1) establish guidelines and oversee the implementation
of family-friendly policies within law enforcement-related offices
and divisions in the Department of Justice;
‘‘(2) study the effects of stress on law enforcement personnel
and family well-being and disseminate the findings of such
studies to Federal, State, and local law enforcement agencies,
related organizations, and other interested parties;
‘‘(3) identify and evaluate model programs that provide
support services to law enforcement personnel and families;
‘‘(4) provide technical assistance and training programs
to develop stress reduction and family support to State and
local law enforcement agencies;
‘‘(5) collect and disseminate information regarding family
support, stress reduction, and psychological services to Federal,
State, and local law enforcement agencies, law enforcement-
related organizations, and other interested entities; and
‘‘(6) determine issues to be researched by the Department
of Justice and by grant recipients.
‘‘SEC. 2302. GENERAL AUTHORIZATION.
‘‘The Attorney General may make grants to States and local
law enforcement agencies and to organizations representing State
or local law enforcement personnel to provide family support serv-
ices to law enforcement personnel.
‘‘SEC. 2303. USES OF FUNDS.
‘‘(a) IN GENERAL.—A State or local law enforcement agency
or organization that receives a grant under this Act shall use
amounts provided under the grant to establish or improve training
and support programs for law enforcement personnel.
‘‘(b) REQUIRED
ACTIVITIES.—A law enforcement agency or
organization that receives funds under this part shall provide at
least one of the following services:
‘‘(1) Counseling for law enforcement family members.
‘‘(2) Child care on a 24-hour basis.
H. R. 3355—268
‘‘(3) Marital and adolescent support groups.
‘‘(4) Stress reduction programs.
‘‘(5) Stress education for law enforcement recruits and fami-
lies.
‘‘(6) Technical assistance and training programs to support
any or all of the services described in paragraphs (1), (2),
(3), (4), and (5).
‘‘(c) OPTIONAL
ACTIVITIES.—A law enforcement agency or
organization that receives funds under this part may provide the
following services:
‘‘(1) Post-shooting debriefing for officers and their spouses.
‘‘(2) Group therapy.
‘‘(3) Hypertension clinics.
‘‘(4) Critical incident response on a 24-hour basis.
‘‘(5) Law enforcement family crisis telephone services on
a 24-hour basis.
‘‘(6) Counseling for law enforcement personnel exposed to
the human immunodeficiency virus.
‘‘(7) Counseling for peers.
‘‘(8) Counseling for families of personnel killed in the line
of duty.
‘‘(9) Seminars regarding alcohol, drug use, gambling, and
overeating.
‘‘(10) Technical assistance and training to support any or
all of the services described in paragraphs (1), (2), (3), (4),
(5), (6), (7), (8), and (9).
‘‘SEC. 2304. APPLICATIONS.
‘‘A law enforcement agency or organization desiring to receive
a grant under this part shall submit to the Attorney General
an application at such time, in such manner, and containing or
accompanied by such information as the Attorney General may
reasonably require. Such application shall—
‘‘(1) certify that the law enforcement agency shall match
all Federal funds with an equal amount of cash or in-kind
goods or services from other non-Federal sources;
‘‘(2) include a statement from the highest ranking law
enforcement official from the State or locality or from the
highest ranking official from the organization applying for the
grant that attests to the need and intended use of services
to be provided with grant funds; and
‘‘(3) assure that the Attorney General or the Comptroller
General of the United States shall have access to all records
related to the receipt and use of grant funds received under
this part.
‘‘SEC. 2305. AWARD OF GRANTS; LIMITATION.
‘‘(a) GRANT DISTRIBUTION.—In approving grants under this part,
the Attorney General shall assure an equitable distribution of
assistance among the States, among urban and rural areas of
the United States, and among urban and rural areas of a State.
‘‘(b) DURATION.—The Attorney General may award a grant
each fiscal year, not to exceed $100,000 to a State or local law
enforcement agency or $250,000 to a law enforcement organization
for a period not to exceed 5 years. In any application from a
State or local law enforcement agency or organization for a grant
to continue a program for the second, third, fourth, or fifth fiscal
year following the first fiscal year in which a grant was awarded
H. R. 3355—269
to such agency, the Attorney General shall review the progress
made toward meeting the objectives of the program. The Attorney
General may refuse to award a grant if the Attorney General
finds sufficient progress has not been made toward meeting such
objectives, but only after affording the applicant notice and an
opportunity for reconsideration.
‘‘(c) LIMITATION.—Not more than 5 percent of grant funds
received by a State or a local law enforcement agency or organiza-
tion may be used for administrative purposes.
‘‘SEC. 2306. DISCRETIONARY RESEARCH GRANTS.
‘‘The Attorney General may reserve 10 percent of funds to
award research grants to a State or local law enforcement agency
or organization to study issues of importance in the law enforcement
field as determined by the Attorney General.
‘‘SEC. 2307. REPORTS.
‘‘A State or local law enforcement agency or organization that
receives a grant under this part shall submit to the Attorney
General an annual report that includes—
‘‘(1) program descriptions;
‘‘(2) the number of staff employed to administer programs;
‘‘(3) the number of individuals who participated in pro-
grams; and
‘‘(4) an evaluation of the effectiveness of grant programs.
‘‘SEC. 2308. DEFINITIONS.
‘‘For purposes of this part—
‘‘(1) the term ‘family-friendly policy’ means a policy to pro-
mote or improve the morale and well being of law enforcement
personnel and their families; and
‘‘(2) the term ‘law enforcement personnel’ means individuals
employed by Federal, State, and local law enforcement agen-
cies.’’.
(b) TECHNICAL AMENDMENT.—The table of contents of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.), as amended by section 50001(b), is amended
by striking the matter relating to part V and inserting the following:
‘‘PART W—FAMILY SUPPORT
‘‘Sec. 2301. Duties.
‘‘Sec. 2302. General authorization.
‘‘Sec. 2303. Uses of funds.
‘‘Sec. 2304. Applications.
‘‘Sec. 2305. Award of grants; limitation.
‘‘Sec. 2306. Discretionary research grants.
‘‘Sec. 2307. Reports.
‘‘Sec. 2308. Definitions.
‘‘PART V—TRANSITION-EFFECTIVE DATE-REPEALS
‘‘Sec. 2301. Continuation of rules, authorities, and privileges.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3711 et seq.), as amended by section 50001(c), is amended—
(1) in paragraph (3) by striking ‘‘and V’’ and inserting
‘‘V, and W’’; and
(2) by adding at the end the following new paragraph:
‘‘(21) There are authorized to be appropriated to carry out
part W—
‘‘(1) $2,500,000 for fiscal year 1996;
H. R. 3355—270
‘‘(2) $4,000,000 for fiscal year 1997;
‘‘(3) $5,000,000 for fiscal year 1998;
‘‘(4) $6,000,000 for fiscal year 1999; and
‘‘(5) $7,500,000 for fiscal year 2000.’’.
Subtitle C—DNA Identification
SEC. 210301. SHORT TITLE.
This subtitle may be cited as the ‘‘DNA Identification Act
of 1994’’.
SEC. 210302. FUNDING TO IMPROVE THE QUALITY AND AVAILABILITY
OF DNA ANALYSES FOR LAW ENFORCEMENT IDENTI-
FICATION PURPOSES.
(a) DRUG CONTROL
AND SYSTEM IMPROVEMENT GRANT PRO-
GRAM.—Section 501(b) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) as amended by
section 150003, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (23);
(2) by striking the period at the end of paragraph (24)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new paragraph:
‘‘(25) developing or improving in a forensic laboratory a
capability to analyze deoxyribonucleic acid (hereinafter in this
title referred to as ‘DNA’) for identification purposes.’’.
(b) STATE APPLICATIONS.—Section 503(a) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a))
is amended by adding at the end the following new paragraph:
‘‘(12) If any part of funds received from a grant made
under this part is to be used to develop or improve a DNA
analysis capability in a forensic laboratory, a certification that—
‘‘(A) DNA analyses performed at such laboratory will
satisfy or exceed then current standards for a quality assur-
ance program for DNA analysis, issued by the Director
of the Federal Bureau of Investigation under section 210303
of the DNA Identification Act of 1994;
‘‘(B) DNA samples obtained by, and DNA analyses
performed at, such laboratory will be accessible only—
‘‘(i) to criminal justice agencies for law enforcement
identification purposes;
‘‘(ii) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
‘‘(iii) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses per-
formed in connection with the case in which such
defendant is charged; or
‘‘(iv) if personally identifiable information is
removed, for a population statistics database, for
identification research and protocol development pur-
poses, or for quality control purposes; and
‘‘(C) such laboratory, and each analyst performing DNA
analyses at such laboratory, will undergo, at regular inter-
vals of not to exceed 180 days, external proficiency testing
by a DNA proficiency testing program meeting the stand-
ards issued under section 210303 of the DNA Identification
Act of 1994.’’.
H. R. 3355—271
(c) DNA IDENTIFICATION GRANTS.—
(1) IN GENERAL.—Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as
amended by section 210201(a), is amended—
(A) by redesignating part X as part Y;
(B) by redesignating section 2401 as section 2501; and
(C) by inserting after part W the following new part:
‘‘PART X—DNA IDENTIFICATION GRANTS
‘‘SEC. 2401. GRANT AUTHORIZATION.
‘‘The Attorney General may make funds available under this
part to States and units of local government, or combinations
thereof, to carry out all or a substantial part of a program or
project intended to develop or improve the capability to analyze
deoxyribonucleic acid (referred to in this part as ‘DNA’) in a forensic
laboratory.
‘‘SEC. 2402. APPLICATIONS.
‘‘To request a grant under this part, the chief executive officer
of a State or unit of local government shall submit an application
in such form as the Attorney General may require.
‘‘SEC. 2403. APPLICATION REQUIREMENTS.
‘‘No grant may be made under this part unless an application
has been submitted to the Attorney General in which the applicant
certifies that—
‘‘(1) DNA analyses performed at the laboratory will satisfy
or exceed then current standards for a quality assurance pro-
gram for DNA analysis issued by the Director of the Federal
Bureau of Investigation under section 210303 of the DNA
Identification Act of 1994.
‘‘(2) DNA samples obtained by and DNA analyses performed
at the laboratory shall be made available only—
‘‘(A) to criminal justice agencies for law enforcement
identification purposes;
‘‘(B) in judicial proceedings, if otherwise admissible
pursuant to applicable statutes or rules;
‘‘(C) for criminal defense purposes, to a defendant,
who shall have access to samples and analyses performed
in connection with the case in which the defendant is
charged; or
‘‘(D) if personally identifiable information is removed,
for a population statistics database, for identification
research and protocol development purposes, or for quality
control purposes; and
‘‘(3) the laboratory and each analyst performing DNA analy-
ses at the laboratory shall undergo, at regular intervals not
exceeding 180 days, external proficiency testing by a DNA
proficiency testing program that meets the standards issued
under section 210303 of the DNA Identification Act of 1994.
‘‘SEC. 2404. ADMINISTRATIVE PROVISIONS.
‘‘(a) REGULATION
AUTHORITY.—The Attorney General may
promulgate guidelines, regulations, and procedures, as necessary
to carry out the purposes of this part, including limitations on
the number of awards made during each fiscal year, the submission
H. R. 3355—272
and review of applications, selection criteria, and the extension
or continuation of awards.
‘‘(b) AWARD AUTHORITY.—The Attorney General shall have final
authority over all funds awarded under this part.
‘‘(c) TECHNICAL
ASSISTANCE.—To assist and measure the
effectiveness and performance of programs and activities funded
under this part, the Attorney General may provide technical assist-
ance as required.
‘‘SEC. 2405. RESTRICTIONS ON USE OF FUNDS.
‘‘(a) FEDERAL SHARE.—The Federal share of a grant, contract,
or cooperative agreement made under this part may not exceed
75 percent of the total costs of the project described in the applica-
tion submitted for the fiscal year for which the project receives
assistance.
‘‘(b) ADMINISTRATIVE COSTS.—A State or unit of local govern-
ment may not use more than 10 percent of the funds it receives
from this part for administrative expenses.
‘‘SEC. 2406. REPORTS.
‘‘(a) REPORTS TO ATTORNEY GENERAL.—Each State or unit of
local government which receives a grant under this part shall
submit to the Attorney General, for each year in which funds
from a grant received under this part is expended, a report at
such time and in such manner as the Attorney General may reason-
ably require which contains—
‘‘(1) a summary of the activities carried out under the
grant and an assessment of whether such activities are meeting
the needs identified in the application submitted under section
2402; and
‘‘(2) such other information as the Attorney General may
require.
‘‘(b) REPORTS TO CONGRESS.—Not later than 90 days after the
end of each fiscal year for which grants are made under this
part, the Attorney General shall submit to the Speaker of the
House of Representatives and the President pro tempore of the
Senate, a report that includes—
‘‘(1) the aggregate amount of grants made under this part
to each State or unit of local government for such fiscal year;
and
‘‘(2) a summary of the information provided in compliance
with subsection (a)(1).
‘‘SEC. 2407. EXPENDITURE RECORDS.
‘‘(a) RECORDS.—Each State or unit of local government which
receives a grant under this part shall keep records as the Attorney
General may require to facilitate an effective audit.
‘‘(b) ACCESS.—The Attorney General, the Comptroller General,
or their designated agents shall have access, for the purpose of
audit and examination, to any books, documents, and records of
States and units of local government which receive grants made
under this part if, in the opinion of the Attorney General, the
Comptroller General, or their designated agents, such books, docu-
ments, and records are related to the receipt or use of any such
grant.’’.
(2) TABLE
OF
CONTENTS.—The table of contents of title
I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.), as amended by section 210201(b),
H. R. 3355—273
is amended by striking the matter relating to part X and
inserting the following:
‘‘PART X—DNA IDENTIFICATION GRANTS
‘‘Sec. 2401. Grant authorization.
‘‘Sec. 2402. Applications.
‘‘Sec. 2403. Application requirements.
‘‘Sec. 2404. Administrative provisions.
‘‘Sec. 2405. Restrictions on use of funds.
‘‘Sec. 2406. Reports.
‘‘Sec. 2407. Expenditure records.
‘‘PART Y—TRANSITION-EFFECTIVE DATE-REPEALER
‘‘Sec. 2501. Continuation of rules, authorities, and proceedings.’’.
(3) AUTHORIZATION OF APPROPRIATIONS.—Section 1001 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3793), as amended by section 210201(c), is amended—
(A) in paragraph (3) by striking ‘‘and W’’ and inserting
‘‘W, and X’’; and
(B) adding at the end the following new paragraph:
‘‘(22) There are authorized to be appropriated to carry out
part X—
‘‘(1) $1,000,000 for fiscal year 1996;
‘‘(2) $3,000,000 for fiscal year 1997;
‘‘(3) $5,000,000 for fiscal year 1998;
‘‘(4) $13,500,000 for fiscal year 1999; and
‘‘(5) $17,500,000 for fiscal year 2000.’’.
(4) EFFECTIVE DATE.—The amendments made by this sec-
tion shall take effect on the date that is 60 days after the
date of enactment of this Act.
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING STAND-
ARDS.
(a) PUBLICATION
OF QUALITY ASSURANCE
AND PROFICIENCY
TESTING STANDARDS.—(1)(A) Not later than 180 days after the
date of enactment of this Act, the Director of the Federal Bureau
of Investigation shall appoint an advisory board on DNA quality
assurance methods from among nominations proposed by the head
of the National Academy of Sciences and professional societies
of crime laboratory officials.
(B) The advisory board shall include as members scientists
from State, local, and private forensic laboratories, molecular geneti-
cists and population geneticists not affiliated with a forensic labora-
tory, and a representative from the National Institute of Standards
and Technology.
(C) The advisory board shall develop, and if appropriate,
periodically revise, recommended standards for quality assurance,
including standards for testing the proficiency of forensic labora-
tories, and forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after
taking into consideration such recommended standards, shall issue
(and revise from time to time) standards for quality assurance,
including standards for testing the proficiency of forensic labora-
tories, and forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall
specify criteria for quality assurance and proficiency tests to be
applied to the various types of DNA analyses used by forensic
laboratories. The standards shall also include a system for grading
proficiency testing performance to determine whether a laboratory
is performing acceptably.
H. R. 3355—274
(4) Until such time as the advisory board has made rec-
ommendations to the Director of the Federal Bureau of Investigation
and the Director has acted upon those recommendations, the quality
assurance guidelines adopted by the technical working group on
DNA analysis methods shall be deemed the Director’s standards
for purposes of this section.
(b) ADMINISTRATION OF THE ADVISORY BOARD.—(1) For adminis-
trative purposes, the advisory board appointed under subsection
(a) shall be considered an advisory board to the Director of the
Federal Bureau of Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply with respect to the advisory board appointed
under subsection (a).
(3) The DNA advisory board established under this section
shall be separate and distinct from any other advisory board
administered by the FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after
the initial appointments are made to the board, unless the existence
of the board is extended by the Director of the Federal Bureau
of Investigation.
(c) PROFICIENCY TESTING PROGRAM.—(1) Not later than 1 year
after the effective date of this Act, the Director of the National
Institute of Justice shall certify to the Committees on the Judiciary
of the House and Senate that—
(A) the Institute has entered into a contract with, or made
a grant to, an appropriate entity for establishing, or has taken
other appropriate action to ensure that there is established,
not later than 2 years after the date of enactment of this
Act, a blind external proficiency testing program for DNA analy-
ses, which shall be available to public and private laboratories
performing forensic DNA analyses;
(B) a blind external proficiency testing program for DNA
analyses is already readily available to public and private lab-
oratories performing forensic DNA analyses; or
(C) it is not feasible to have blind external testing for
DNA forensic analyses.
(2) As used in this subsection, the term ‘‘blind external pro-
ficiency test’’ means a test that is presented to a forensic laboratory
through a second agency and appears to the analysts to involve
routine evidence.
(3) Notwithstanding any other provision of law, the Attorney
General shall make available to the Director of the National
Institute of Justice during the first fiscal year in which funds
are distributed under this subtitle up to $250,000 from the funds
available under part X of Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 to carry out this subsection.
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE
OF DNA IDENTIFICATION INFORMATION.
(a) ESTABLISHMENT
OF INDEX.—The Director of the Federal
Bureau of Investigation may establish an index of—
(1) DNA identification records of persons convicted of
crimes;
(2) analyses of DNA samples recovered from crime scenes;
and
(3) analyses of DNA samples recovered from unidentified
human remains.