[DOCID: f:hr757.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-757
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DEBBIE SMITH REAUTHORIZATION ACT OF 2008
_______
July 14, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 5057]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 5057) to reauthorize the Debbie Smith DNA Backlog Grant
Program, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
CONTENTS
Page
The Amendments................................................... 1
Purpose and Summary.............................................. 5
Background and Need for the Legislation.......................... 5
Hearings......................................................... 7
Committee Consideration.......................................... 7
Committee Votes.................................................. 7
Committee Oversight Findings..................................... 8
New Budget Authority and Tax Expenditures........................ 9
Congressional Budget Office Cost Estimate........................ 9
Performance Goals and Objectives................................. 11
Constitutional Authority Statement............................... 11
Advisory on Earmarks............................................. 11
Section-by-Section Analysis...................................... 12
Changes in Existing Law Made by the Bill, as Reported............ 13
The Amendments
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Debbie Smith Reauthorization 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), respectively;
(B) by inserting after paragraph (2) the following
new paragraph:
``(3) To carry out, for inclusion in such Combined DNA Index
System, DNA analyses of samples from missing or unidentified
persons, including samples 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 period 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 implement 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 samples from all
felons who are imprisoned in a prison of such State or unit,
respectively, (including all felons 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 subparagraph:
``(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 follows:
``(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 Congress 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
laboratories 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 determined 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 forensic science practitioners from
States and units of local government, conduct a study to determine the
resources and other requirements necessary to eliminate the DNA
analysis backlog and to prevent such a backlog from reoccurring 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 Congress 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 beginning after the date of
the enactment of this Act, each eligible DNA funding State, with
respect to a funding mechanism 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 appropriate by the
Attorney General.
(b) Eligible DNA Funding States Described.--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 mechanism 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 security of DNA collection and storage
practices and procedures 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 laboratories. 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 conducted 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 SAMPLES FROM INDIVIDUALS
ARRESTED FOR OR CHARGED WITH MURDER AND SEX CRIMES.
(a) In General.--In the case of a State that receives 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 percent.
(b) Enhanced State DNA Collection Process Defined.--For purposes of
this section, the term ``enhanced 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 Investigation, of DNA samples from
individuals who are at least 18 years of age and who are arrested for
or charged with a criminal offense under State law that consists of--
(1) murder or voluntary manslaughter or any attempt to commit
murder or voluntary manslaughter; or
(2) an element involving a sexual act or sexual contact with
another, any other criminal offense that is a specified offense
against a minor (as defined in section 111(7) of the Sex
Offender Registration and Notification Act (42 U.S.C.
16911(7))), or an attempt to commit such an offense.
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 INVESTIGATIONS AND PROSECUTIONS
RELATED TO CODIS ``HITS''.
(a) Study.--The Inspector General of the Department 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 paragraph (1) that
were not followed up on by appropriate 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 standards and requirements for the use of and
access to the index described in section 210304(a) of the DNA
Identification 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 Federal Bureau of
Investigation shall appoint members to the NDIS Advisory Board as
follows:
(1) At least 4 directors of State or local forensic
laboratories.
(2) One representative from the Federal Bureau 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 Institute of
Justice.
(6) One representative from the National Academies of
Science.
(7) One State or local prosecutor.
(8) One criminal defense attorney.
(9) One representative from the National Institute 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 agency.
(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 comment 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 Bureau of Investigation on) standards governing the use
of and access to the index described in subsection (a). The
NDIS Advisory Board shall periodically update such standards as
appropriate. The standards shall provide for the expedited
uploading into such index by State and local forensic
laboratories of DNA analyses of samples obtained from persons
convicted of crimes, including such analyses processed by
private forensic laboratories.
(2) Consideration of additional proposals to expedite
processing and uploading of dna samples.--Not later than one
year after the date of the enactment of this Act, the NDIS
Advisory Board shall also provide recommendations to the
Director of the Federal Bureau of Investigation on the
following:
(A) The feasibility and desirability of entering into
agreements with private forensic laboratories to enable
direct access to the Combined DNA Index System of the
Federal Bureau of Investigation for the purpose of
uploading DNA analyses of samples obtained from persons
convicted of crimes.
(B) The feasibility and desirability of providing for
more limited technical review audits of DNA analyses of
samples prior to uploading such data into the Combined
DNA Index System.
(C) The feasibility and desirability of permitting
greater participation in the technical review of DNA
analyses of samples by contractor personnel.
(D) The feasibility and desirability of allowing
immediate upload of DNA profiles obtained 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 recommended policies, procedures, and
standards recommended 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 policies, procedures, and standards issued with
respect to State, local, and private laboratories that participate in
the National DNA Index System. Polices, procedures, laboratory audit
requirements, standards, and any other manner of regulation or control
(other than any condition imposed pursuant to a grant awarded through
the Department of Justice) may not be inconsistent with, or expand upon
provisions contained in such approved policies, procedures, or
standards.
SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS.
(a) In General.--The Attorney General shall establish 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 Enforcement, 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''.
Amend the title so as to read:
A bill to reauthorize the Debbie Smith DNA Backlog Grant
Program, and for other purposes.
Purpose and Summary
Re-authorization of the Debbie Smith DNA Backlog Grant
Program will facilitate the development of a comprehensive
national DNA data base against which samples from current crime
scenes can be compared. It will allow laboratories to reduce
unacceptable delays in processing DNA samples that currently
exist in many States. Finally, it will provide law enforcement
and prosecutors important tools to quickly identify and
prosecute criminals, reducing not only the costs of
investigation and prosecution, but also the risk of prosecuting
the wrong person. Ultimately, it is likely to have a
significant deterrent effect on the commission of crimes.
Background and Need for the Legislation
DNA EVIDENCE BACKLOG ELIMINATION
In recent years, law enforcement agencies have realized the
critical value that DNA evidence has in helping more quickly
solve cases. Often, a DNA sample result can scientifically link
a perpetrator to a crime, or prove a defendant's innocence,
with virtual certainty.
Unfortunately, many of the Nation's Federal and State
criminal forensics laboratories are currently overwhelmed with
samples awaiting DNA analysis. As of 2003, a comprehensive
report funded by the Department of Justice estimated the total
crime DNA backlog at more than 48,000 samples.\1\ While the
National Institute of Justice has not yet issued its current
backlog reports, it is likely that the current DNA backlog is
similarly high.
---------------------------------------------------------------------------
\1\Washington State Univ.--Div. of Governmental Services & Smith
Alling Lane, P.S., National Forensic DNA Study Report, Final Report
(Dec. 2003).
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Due to this backlog and resulting long delays in processing
DNA samples at public laboratories, many local police
departments have been resorting to sending DNA samples to
private labs for timely analyses, costing upwards of $700 per
sample.\2\ As recently as February 2008, at least one public
laboratory had a reported delay time of 16 months for the
processing of a DNA sample.\3\
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\2\Ohio Crime Lab Shortages Cause Headaches, The Idaho Statesman,
Mar. 19, 2008.
\3\Jessica Logan, Riverside Police Seek Grant for More DNA Testing
in Old Cases, The Press-Enterprise, Feb. 28, 2008.
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The consequences of this backlog are unacceptable. Too many
dangerous criminals remain on the streets, free to commit new
crimes. Too many victims live in fear of another attack. And
too many innocent people may remain unjustly incarcerated until
the real perpetrator can be discovered and apprehended.
Named for Debbie Smith, who was kidnapped in her Virginia
home and raped in a nearby woods by a stranger, the Debbie
Smith DNA Backlog Grant Program authorized grant money to
States to collect samples from crime scenes and convicted
persons, conduct DNA analyses, and enter these results into a
comprehensive national database. Debbie Smith's attacker
remained unidentified for more than 6 years, until a DNA sample
collected from a convicted person serving time in a Virginia
State prison revealed his involvement in her rape. Although
eventually identified, the 6 years between crime and
identification allowed Ms. Smith's attacker to continue
engaging in criminal activity.
PUBLIC LAW 106-546, THE INITIAL DNA ANALYSIS BACKLOG ELIMINATION ACT
Recognizing that the backlog of biological evidence that
had to be entered in State databases was preventing law
enforcement officials from solving many of the Nation's most
heinous crimes, Congress passed the DNA Analysis Backlog
Elimination Act of 2000.\4\ That law authorized the United
States Attorney General to make grants to eligible States to
collect DNA samples from convicted individuals and crime scenes
for inclusion in the Federal DNA database, the Combined DNA
Index System (CODIS), and to increase the capacity of State
crime laboratories. In addition, the Act required the Bureau of
Prisons and the military to collect DNA samples from convicted
individuals and forward these samples for analysis, and
required the FBI to expand its CODIS database to include the
analyses of these DNA samples.
---------------------------------------------------------------------------
\4\Pub. L. No. 106-546 (2000).
---------------------------------------------------------------------------
The Act also amended the criminal code to require all
defendants on probation or supervised release to cooperate with
the collection of a DNA sample. The Act expressed the sense of
Congress that State grants should be conditioned upon the
State's agreement to ensure post-conviction DNA testing in
appropriate cases; and that Congress should work with the
States to improve the quality of legal representation in
capital cases. Finally, the Act authorized such sums as might
be necessary for the Attorney General to carry out the Act.
REAUTHORIZATION AS THE DEBBIE SMITH DNA BACKLOG DGRANT PROGRAM
In 2004, DNA backlog elimination was incorporated into the
Justice for All Act of 2004,\5\ and was renamed the Debbie
Smith DNA Backlog Grant Program.\6\ While the Act authorized
$151 million for each of fiscal years 2005 through 2009,
Congress did not appropriate any money until fiscal year 2008,
at which time it appropriated $147.4 million.
---------------------------------------------------------------------------
\5\Pub. L. No. 108-405 (2004).
\6\Pub. L. No. 108-9405, tit. II (2004) (codified at 42 U.S.C.
Sec. 14135).
---------------------------------------------------------------------------
The Debbie Smith DNA Backlog Grant Program expires at the
end of fiscal year 2009. H.R. 5057, the ``Debbie Smith
Reauthorization Act,'' would reauthorize the Program for fiscal
years 2009 through 2014. H.R. 5057 specifies that not less than
40 percent of the total amount awarded in grants must be used
for DNA analyses of samples from crime scenes, from rape kits
and other sexual assault evidence, and from cases that do not
have an identified suspect.
There is strong State support for the Debbie Smith
Reauthorization Act of 2008. To date, at least nine States,
including Alabama, Alaska, Illinois, Kentucky, Michigan, Ohio,
Tennessee, Vermont, and West Virginia, have introduced or
passed resolutions urging Congress to reauthorize the Debbie
Smith DNA Backlog Grant Program.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held 1 day of hearings on H.R. 5057, on April
10, 2008. Testimony was received from Representative Carolyn B.
Maloney of New York, sponsor of H.R. 5057; Debbie Smith, the
namesake of the Program; Dr. David W. Hagy, Director, National
Institute of Justice, Office of Justice Programs, U.S.
Department of Justice; Peter Marone, Director, State of
Virginia Crime Labs; Peter Neufeld, Esq., Co-founder and Co-
Director of the Innocence Project; and Allen Newton, who was
exonerated through post-conviction DNA testing. Additional
material was submitted by Human Rights Watch and the American
Civil Liberties Union.
Committee Consideration
On May 13, 2008, the Subcommittee on Crime, Terrorism, and
Homeland Security met in open session and ordered the bill,
H.R. 5057, favorably reported, without amendment, by voice
vote, a quorum being present. On June 11, 2008, the Committee
met in open session and ordered the bill, H.R. 5057, favorably
reported, with an amendment, by voice vote, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall vote occurred during the Committee's
consideration of H.R. 5057:
1. An amendment by Mr. Schiff offering grant incentives to
States that collect DNA samples from suspects arrested for or
charged with murder, voluntary manslaughter, and sex offenses
for inclusion in CODIS. Passed 19 to 12.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler......................................................
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Ms. Sutton...................................................... X
Mr. Gutierrez...................................................
Mr. Sherman..................................................... X
Ms. Baldwin.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly.................................................... X
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence....................................................... X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney......................................................
Mr. Franks......................................................
Mr. Gohmert..................................................... X
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 19 12
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Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 5057, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 10, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
completed the enclosed cost estimate for H.R. 5057, the Debbie
Smith Reauthorization Act of 2008.
The CBO staff contacts for this estimate are Mark Grabowicz
(for Federal costs), who can be reached at 226-2860, and
Melissa Merrell (for the impact on State and local
governments), who can be reached at 225-3220.
Sincerely,
Peter R. Orszag,
Director.
Enclosure.
cc:
Honorable Lamar S. Smith,
Ranking Member.
H.R. 5057--Debbie Smith Reauthorization Act of 2008.
SUMMARY
H.R. 5057 would authorize the appropriation of about $1.6
billion over the 2009-2015 period for Department of Justice
(DOJ) programs to enhance the analysis of DNA samples relating
to criminal investigations. In addition, CBO estimates that the
bill would authorize the appropriation of about $75 million
over the 2009-2013 period for other DOJ programs. Assuming
appropriation of the necessary amounts, we estimate that
implementing H.R. 5057 would cost about $875 million over the
2009-2013 period, with remaining amounts spent in subsequent
years. Enacting the bill would not affect direct spending or
revenues.
H.R. 5057 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 5057 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
BASIS OF ESTIMATE
For this estimate, CBO assumes that the necessary amounts
will be appropriated near the start of each fiscal year and
that spending will follow the historical spending patterns for
the existing programs or similar activities.
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2008 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION\1\
Spending Under Current Law for Programs Authorized by H.R.
5057:
Budget Authority/Authorization Level\1\ 152 211 0 0 0 0
Estimated Outlays 118 145 124 80 51 27
Proposed Changes:
Programs with Specified Funding Levels:
Authorization Level 0 62 320 320 320 320
Estimated Outlays 0 22 93 181 240 286
Other Programs:
Estimated Authorization Level 0 16 15 15 15 15
Estimated Outlays 0 4 8 11 13 15
Total Changes:
Estimated Authorization Level 0 78 335 335 335 335
Estimated Outlays 0 26 101 192 253 301
Spending Under H.R. 5057:
Estimated Authorization Level 152 289 335 335 335 335
Estimated Outlays 118 171 225 272 304 328
----------------------------------------------------------------------------------------------------------------
1. The 2009 level is the amount authorized under current law for that year for the programs authorized by the
bill. For those programs, the Congress appropriated $152 million for 2008.
Programs with Specified Funding Levels
H.R. 5057 would authorize the appropriation of about $1.6
billion over the 2009-2015 period for DOJ programs to enhance
the analysis of DNA samples relating to criminal
investigations. The bill would authorize the appropriation of:
<bullet> $200 million annually over the 2010-2014
period for the Debbie Smith DNA Backlog grant program;
<bullet> $50 million annually over the 2009-2013 period
for DOJ to make grants to State and local governments
to improve the technology used in forensic DNA
analysis;
<bullet> $30 million annually over the 2010-2014 period
for DOJ to make grants to State and local governments
and other entities for programs to collect and use DNA
evidence relating to sexual assaults; and
<bullet> A total of $220 million over the 2009-2015
period for other programs to enhance DNA collection and
analysis.
Other Programs
In addition to the specified authorizations identified
above, CBO estimates that H.R. 5057 would authorize the
appropriation of about $75 million over the 2009-2013 period
for other DOJ programs.
The bill would authorize the appropriation of whatever
funds are necessary for fiscal years 2009 through 2013 to
increase by 10 percent the amounts received by States through
DOJ's Byrne Justice Assistance Grants if States collect DNA
samples from certain types of offenders. The Congress
appropriated $170 million for fiscal year 2008 for this grant
program, and we expect that nearly all States would qualify for
the increased funding. Assuming that appropriations for this
program for fiscal years 2009 through 2013 are similar to the
2008 level, CBO estimates that this provision would require
additional funding of about $15 million annually over the 2009-
2013 period.
In addition, CBO estimates that it would cost about $1
million in fiscal year 2009 and less than $500,000 for each
subsequent year for a DOJ study on the use of DNA samples by
prosecutors, a national advisory board to develop standards for
use of a Federal DNA database, and other programs.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 5057 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. Assuming appropriation of
authorized amounts, State and local governments would receive
about $800 million over the 2009-2013 period for DNA
collections and analysis. Any costs to those governments would
be incurred voluntarily.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860).
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220).
Impact on the Private Sector: Paige Piper/Bach (226-2940).
ESTIMATE APPROVED BY:
Peter H. Fontaine
Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
5057 will assist States in reducing the backlog of DNA samples
in the Nation's labs, thereby assisting law enforcement in
solving and deterring crimes.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 18 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 5057 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. Section 1 sets forth the short title
of the bill as the ``Debbie Smith Reauthorization Act of
2008.''
Sec. 2. Reauthorization of the Debbie Smith DNA Backlog
Elimination Act of 2000. Section 2 renews the United States
Attorney General's authority under section 14135 of title 42 of
the United States Code to issue grants to States to help
eliminate the backlog of DNA samples in the Nation's labs.
This section also amends the current provision in three
ways. First, it raises the funding authorization from $151
million in fiscal year 2009 to $200 million for each of fiscal
years 2010 through 2014. Second, it broadens the allowable uses
of grants funded under this Program beyond criminal
investigation, to include analyzing and cataloguing biological
samples from missing persons and relatives of missing persons
to help identify those missing persons. Finally, it conditions
eligibility for a grant upon a State conducting mandatory DNA
testing for all felons imprisoned within its system, for
including the DNA samples in CODIS, within 2 years of receiving
the grant.
Sec 3. Study to Assess the DNA Analysis Backlog. Section 3
authorizes $2 million for a study to be completed by the
National Academies of Science that would identify the best
practices for eliminating the backlog of DNA samples in the
Nation's labs. Despite 5 years of funding to help eliminate the
backlog, the backlog remains high. This study would identify
the necessary level of funding, training needs, personnel
levels, and any other pertinent information that would
eliminate the backlog and prevent it from recurring. The
National Academies of Science would submit the findings to the
Attorney General of the United States within 1 year after the
date of enactment of the Act.
Sec. 4. Incentives for Permanent State-Generated DNA
Funding Programs. Section 4 authorizes additional funding,
beyond that authorized in section 2, to match funds that a
State generates by fees or penalties to analyze DNA samples for
law enforcement purposes. Funding is authorized for each of
fiscal years 2009 through 2013.
Sec. 5. Evaluation of DNA Integrity and Security. Section 5
authorizes $10 million for each fiscal year 2009 through 2015
for the United States Attorney General to evaluate the
integrity and security of DNA collection practices and security
of collected samples. The evaluation would be conducted through
a representative audit sample of labs around the country each
year, the results of which the Attorney General is to report to
Congress.
Sec. 6. Incentives for States to Collect DNA Samples from
Individuals Arrested for or Charged with Murder and Sex Crimes.
Section 6 provides grant incentives for States that mandate DNA
testing for arrestees charged with murder, voluntary
manslaughter, and certain sex offenses for including the
results of the testing in CODIS. States that conduct such
mandatory testing would be eligible for a 10 percent increase
in the funding they receive under section 3758 of title 42 of
the United States Code, the Edward Byrne Memorial Justice
Assistance Grant Program, and funds are authorized as are
necessary to carry out this section.
Persons whose DNA profiles are entered in CODIS under this
section pursuant to arrest, but who are not convicted may under
certain circumstances have their DNA profiles removed from
CODIS. Such expungement procedures are governed by section
210304(d) of the DNA Identification Act of 1994.\7\
---------------------------------------------------------------------------
\7\42 U.S.C. Sec. 14132(d).
---------------------------------------------------------------------------
Sec. 7. Additional Study and Report on Investigations and
Prosecutions Related to CODIS ``Hits.'' Section 7 directs the
Attorney General to conduct a study to determine the
effectiveness of investigative use of matches of DNA crime
scene evidence to DNA samples taken from individuals. The study
must detail the number of matches, the investigations that
resulted in trial and conviction, and the cases that did not
result in trial, or in conviction. For those instances where
convictions were not attained, the study must detail the
reasons why and whether there were any consequence that the
lack of conviction had on the criminal justice system (i.e.,
whether the suspect has committed further crimes that could
have been prevented). The study must be completed not later
than 1 year after the date of enactment of the Act, and the
Attorney General is to report the results of the study to
Congress.
Sec. 8. National DNA Index System Advisory Board. Section 8
directs the Attorney General to establish the National DNA
Index System Advisory Board to ensure diversity of views in the
development of standards and requirements for the use of and
access to the national DNA index, and provides for the
establishment of standards providing for the expedited
uploading of certain DNA profiles.
Sec. 9. DNA Technology Enhancement Grants. Section 9
directs the Attorney General to establish a grant program under
which the Attorney General may make grants to States and local
governments for improving their DNA technology. This grant
program is authorized $50 million for each of fiscal years 2009
through 2013.
Sec. 10. Reauthorization of Certain DNA-Related Grant
Programs. Section 10 reauthorizes section 303(b) of the Justice
for All Act of 2000,\8\ which is currently set to expire at the
end of fiscal year 2009, for five additional years. The grants
under this section fund sexual assault forensic exams, DNA
research and development, and DNA identification of missing
persons.
---------------------------------------------------------------------------
\8\42 U.S.C. Sec. 14136(b).
---------------------------------------------------------------------------
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000
* * * * * * *
SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
(a) Authorization of Grants.--The Attorney General may make
grants to eligible States or units of local government for use
by the State or unit of local government for the following
purposes:
(1) * * *
* * * * * * *
(3) To carry out, for inclusion in such Combined DNA
Index System, DNA analyses of samples from missing or
unidentified persons, including samples from the
remains, personal effects, or biological relatives of
such persons.
[(3)] (4) To increase the capacity of laboratories
owned by the State or by units of local government to
carry out DNA analyses of samples specified in
[paragraph (1) or (2)] paragraph (1), (2), or (3).
[(4)] (5) To collect DNA samples specified [in
paragraph (1)] in paragraphs (1) and (3).
[(5)] (6) To ensure that DNA testing and analysis of
samples from crimes, including sexual assault and other
serious violent crimes, are carried out in a timely
manner.
* * * * * * *
(b) Eligibility.--For a State or unit of local government to
be eligible to receive a grant under this section, the chief
executive officer of the State or unit of local government
shall submit to the Attorney General an application in such
form and containing such information as the Attorney General
may require. The application shall, as required by the Attorney
General--
(1) * * *
* * * * * * *
(6) if submitted by a unit of local government,
certify that the unit of local government has taken, or
is taking, all necessary steps to ensure that it is
eligible to include, directly or through a State law
enforcement agency, all analyses of samples for which
it has requested funding in the Combined DNA Index
System; [and]
(7) specify that portion of grant amounts that the
State or unit of local government shall use for the
purpose specified in subsection (a)(4)[.]; and
(8) provide assurances that the State or unit of
local government has implemented, or will implement 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 samples from all felons who
are imprisoned in a prison of such State or unit,
respectively, (including all felons imprisoned in such
prison or unit, respectively, as of the date of the
enactment of the Debbie Smith Reauthorization Act of
2008).
(c) Formula for Distribution of Grants.--
(1) * * *
* * * * * * *
(3) Limitation.--Grant amounts distributed under
paragraph (1) shall be awarded to conduct DNA analyses
of samples from casework or from victims of crime under
subsection (a)(2) in accordance with the following
limitations:
[(A) For fiscal year 2005, not less than 50
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).
[(B) For fiscal year 2006, not less than 50
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).
[(C) For fiscal year 2007, not less than 45
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).
[(D) For fiscal year 2008, not less than 40
percent of the grant amounts shall be awarded
for purposes under subsection (a)(2).]
[(E)] (A) For fiscal year 2009, not less than
40 percent of the grant amounts shall be
awarded for purposes under subsection (a)(2).
(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.
[(j) Authorization of Appropriations.--Amounts are authorized
to be appropriated to the Attorney General for grants under
subsection (a) as follows:
[(1) $151,000,000 for fiscal year 2005;
[(2) $151,000,000 for fiscal year 2006;
[(3) $151,000,000 for fiscal year 2007;
[(4) $151,000,000 for fiscal year 2008; and
[(5) $151,000,000 for fiscal year 2009.]
(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.
* * * * * * *
----------
JUSTICE FOR ALL ACT OF 2004
* * * * * * *
TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004
* * * * * * *
SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL
PERSONNEL, AND COURT OFFICERS.
(a) * * *
(b) Authorization of Appropriations.--There are authorized to
be appropriated $12,500,000 for each of fiscal years 2005
through [2009] 2014 to carry out this section.
SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated $30,000,000 for each of fiscal years 2005
through [2009] 2014 to carry out this section.
SEC. 305. DNA RESEARCH AND DEVELOPMENT.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated $15,000,000 for each of fiscal years 2005
through [2009] 2014 to carry out this section.
* * * * * * *
SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.
(a) * * *
* * * * * * *
(c) Authorization of Appropriations.--There are authorized to
be appropriated $2,000,000 for each of fiscal years 2005
through [2009] 2014 to carry out this section.
* * * * * * *
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