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69-006

110TH CONGRESS

REPORT

HOUSE OF REPRESENTATIVES

2d Session

110-757
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]

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

SECTION 1. SHORT TITLE.

SEC. 2. REAUTHORIZATION OF THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

SEC. 3. STUDY TO ASSESS THE DNA ANALYSIS BACKLOG.

SEC. 4. INCENTIVES FOR PERMANENT STATE-GENERATED DNA FUNDING STREAMS.

SEC. 5. EVALUATION OF DNA INTEGRITY AND SECURITY.

SEC. 6. INCENTIVES FOR STATES TO COLLECT DNA SAMPLES FROM INDIVIDUALS ARRESTED FOR OR CHARGED WITH MURDER AND SEX CRIMES.

SEC. 7. ADDITIONAL STUDY AND REPORT ON INVESTIGATIONS AND PROSECUTIONS RELATED TO CODIS `HITS'.

SEC. 8. NATIONAL DNA INDEX SYSTEM ADVISORY BOARD.

SEC. 9. DNA TECHNOLOGY ENHANCEMENT GRANTS.

SEC. 10. REAUTHORIZATIONS OF CERTAIN DNA-RELATED GRANT PROGRAMS.

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.

[Footnote 1: Washington State Univ- Div. of Governmental Services & Smith Alling Lane, P.S., NATIONAL FORENSIC DNA STUDY REPORT, FINAL REPORT (Dec. 2003).]

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

[Footnote] 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

[Footnote]

[Footnote 2: Ohio Crime Lab Shortages Cause Headaches, THE IDAHO STATESMAN, Mar. 19, 2008.]

[Footnote 3: Jessica Logan, Riverside Police Seek Grant for More DNA Testing in Old Cases, THE PRESS-ENTERPRISE, Feb. 28, 2008.]

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

[Footnote] 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.

[Footnote 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

[Footnote] and was renamed the Debbie Smith DNA Backlog Grant Program. 6

[Footnote] 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.

[Footnote 5: Pub. L. No. 108-405 (2004).]

[Footnote 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         
---------------------------------------------

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.

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 
-----------------------------------------------------------------------------------------------

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:

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

[Footnote]

[Footnote 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

[Footnote] 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.

[Footnote 8: 42 U.S.C. Sec. 14136(b).]

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000

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SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

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JUSTICE FOR ALL ACT OF 2004

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TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

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SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL PERSONNEL, AND COURT OFFICERS.

SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

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SEC. 305. DNA RESEARCH AND DEVELOPMENT.

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SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

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