[House Report 113-404]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-404
======================================================================
DEBBIE SMITH REAUTHORIZATION ACT OF 2014
_______
April 7, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Goodlatte, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4323]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 4323) to reauthorize programs authorized under the
Debbie Smith Act of 2004, and for other purposes, having
considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Duplication of Federal Programs.................................. 6
Disclosure of Directed Rule Makings.............................. 6
Performance Goals and Objectives................................. 6
Advisory on Earmarks............................................. 6
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
H.R. 4323, the ``Debbie Smith Reauthorization Act of
2014,'' reauthorizes the Debbie Smith DNA Backlog Grant Program
at current funding levels for an additional 5 years through
fiscal year 2019. Additionally, the bill reauthorizes, through
fiscal year 2019, grants made for the purposes of training and
education of various law enforcement and corrections personnel,
court officers, and forensic science and medical professionals
in the area of DNA collection and analysis.
Background and Need for the Legislation
The Debbie Smith DNA Backlog Grant Program provides Federal
grants to states to reduce the DNA backlog in criminal
investigations, particularly rapes and sexual assaults. In
1989, Debbie Smith was kidnapped from her home while her
husband, a police officer, was sleeping upstairs. She was
dragged into the woods behind her Williamsburg, Virginia home
and raped. Suicidal after the sexual assault, she lived with
paralyzing fear that her unknown attacker would return to
further harm her or her family.
This fear would remain with her for over 6 years, until her
attacker's DNA sample was finally removed from the state's
backlog and included in the national DNA database. A suspect
was identified immediately and subsequently convicted and
imprisoned for his crimes.
The substantial backlog of unanalyzed DNA samples in state
and local evidence rooms throughout the country continues to be
an important issue facing today's criminal justice system. A
large number of our nation's crime laboratories do not have the
capacity necessary to analyze DNA samples in an appropriate and
timely fashion. Many have limited equipment resources, outdated
information systems, overwhelming case management demands, and
must meet significant training and certification requirements.
As a result, the criminal justice system as a whole is unable
to reap the full benefits of DNA technology.
DNA evidence is used to further criminal investigations and
prosecutions in two ways. First, in cases where a suspect is
identified, a sample of that person's DNA can be compared to
evidence from the crime scene. The results of this comparison
may help establish whether the suspect committed the crime. In
addition, in cases where a suspect has not yet been identified,
biological evidence from the crime scene can be analyzed and
compared to offender profiles in the national Combined DNA
Index System (CODIS) to help identify the perpetrator. Crime
scene evidence can also be linked to other crime scenes through
the use of DNA databases.
Currently, all states require offenders convicted of
certain felonies to provide DNA samples which are entered into
various law enforcement databases. A growing number of states
are collecting DNA samples from those arrested for certain
offenses. As a result, the importance of timely and appropriate
analysis of these samples remains.
In December 2013, the Department of Justice, through the
National Institute of Justice, issued a report examining the
DNA backlog problem in 2011.\1\ This report showed that 16%
more DNA samples were received in 2011 than in 2009; and DNA
backlogs increased by 9% during 2011. This despite the fact
that, when compared to 2009, 10% more analyses of DNA samples
were completed.
---------------------------------------------------------------------------
\1\Mark Nelson, Ruby Chase & Lindsay DePalma, Nat'l Inst. of
Justice, Special Report: Making Sense of DNA Backlogs, 2012--Myths vs.
Reality; Dec. 2013
---------------------------------------------------------------------------
The Debbie Smith program was originally authorized by the
DNA Analysis Backlog Elimination Act of 2000 (P.L. 106-546,
codified at 42 U.S.C. Sec. 14135). The program was amended in
2004 by Title II of the Justice for All Act (P.L. 108-405),
which expanded the scope of the program and named the program
``The Debbie Smith DNA Backlog Grant Program.'' Under current
law, grants awarded to states and local governments under this
program can be used for the following purposes:
1. LTo carry out DNA analyses of samples collected
under applicable legal authority for inclusion in the
FBI's national DNA database;
2. LTo carry out DNA analyses of samples from crime
scenes, including samples from rape kits, samples from
other sexual assault evidence, and samples taken in
cases without an identified suspect for inclusion in
the national DNA database;
3. LTo increase the capacity of laboratories owned by
states and local governments to carry out DNA analyses
of collected samples;
4. LTo collect DNA samples from individuals who are
required to submit samples under applicable legal
authority;
5. LTo 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.
6. LTo implement a DNA arrestee collection process
consistent with applicable law;
7. LTo conduct an audit of the samples of sexual
assault evidence that are in the possession of the
State or local unit of local government and are
awaiting testing; and
8. LTo ensure that the collection and processing of DNA
evidence by law enforcement agencies from crimes is
carried out in an appropriate and timely manner and in
accordance with specified protocols and practices.
The Attorney General is required to use a formula to
distribute grant funds. Current law requires that these
formulas are designed to distribute funds among eligible states
and local governments in a way that maximizes the effective
utilization of DNA technology to enhance public safety through
solving crimes. Additionally, distributions are required to be
fairly and efficiently allocated among eligible entities in
jurisdictions in which significant backlogs exist.
Each state is to receive a minimum allocation of not less
than 0.50% of the total amount appropriated, except that the
United States Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands shall each be allocated 0.125% of the
total appropriation. In fiscal year 2014, Congress appropriated
$117 million for the Debbie Smith DNA Backlog Grant program.
The Debbie Smith program authorization expires at the end of
fiscal year 2014.
Hearings
The Committee on the Judiciary held no hearings on H.R.
4323.
Committee Consideration
On April 2, 2014, the Committee met in open session and
ordered the bill H.R. 4323 favorably reported without
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 there
were no recorded votes during the Committee's consideration of
H.R. 4323.
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. 4323, 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, April 4, 2014.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4323, the ``Debbie
Smith Reauthorization Act of 2014.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Kim Cawley,
who can be reached at 226-2850.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc:
Honorable John Conyers, Jr.
Ranking Member
H.R. 4323--Debbie Smith Reauthorization Act of 2014.
As ordered reported by the House Committee on the Judiciary
on April 2, 2014.
SUMMARY
H.R. 4323 would authorize the appropriation of $968 million
over the 2015-2019 period for Department of Justice (DOJ)
programs to enhance the analysis of DNA samples and other work
relating to criminal investigations. Assuming appropriation of
the specified amounts, we estimate that implementing H.R. 4323
would cost $644 million over the 2015-2019 period, with
remaining amounts spent in subsequent years. Enacting the bill
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
H.R. 4323 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary effect of H.R. 4323 is shown in the
following table. The costs of this legislation fall within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2019 2015-2019
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level 194 194 194 194 194 968
Estimated Outlays 42 101 139 168 194 644
----------------------------------------------------------------------------------------------------------------
Note: Details may not add to totals because of rounding.
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.
H.R. 4323 would authorize appropriations totaling $968
million over the 2015-2019 period for DOJ programs to enhance
the analysis of DNA samples and other work relating to criminal
investigations. Over that period, the bill would authorize the
following amounts:
$151 million annually for the Debbie Smith
DNA Backlog grant program;
$13 million annually for DOJ to make grants
to state and local governments to conduct training
regarding the use of DNA evidence; and
$30 million annually 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.
CBO estimates that spending from those authorized amounts would
total $644 million over the 2015-2019 period.
PAY-AS-YOU-GO CONSIDERATIONS:
None.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 4323 contains no intergovernmental or private-sector
mandates as defined in UMRA. Assuming appropriation of
authorized amounts, state and local governments would receive
about $640 million over the fiscal year 2015-2019 period to
identify, collect, preserve, analyze, and use DNA samples. Any
costs to those governments would be incurred voluntarily.
ESTIMATE PREPARED BY:
Federal Costs: Kim Cawley
Impact on State, Local, and Tribal Governments: Melissa Merrell
Impact on the Private Sector: Paige Piper/Bach
ESTIMATE APPROVED BY:
Theresa Gullo, Deputy Assistant Director for Budget Analysis
Duplication of Federal Programs
No provision of H.R. 4323 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rule Makings
No provision of H.R. 4323 directs a specific rule making
within the meaning of 5 U.S.C. Sec. 551.
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.
4323 reauthorizes, through fiscal year 2019, grants designed to
reduce the backlog of untested DNA samples in state and local
government possession nationwide through the Debbie Smith DNA
Backlog Grant Program.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4323 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Section 1. Short Title. This section cites the short title
of the bill as the ``Debbie Smith Reauthorization Act of
2014.''
Section 2. General Reauthorization. This section
reauthorizes the Debbie Smith DNA Backlog Grant Program at $151
million annually for each of the fiscal years 2015 through
2019. Additionally, rules limiting the use of such funds have
been extended to include each of the fiscal years from 2014
through 2019.
Section 3. Training and Education. This section
reauthorizes grants made for DNA training and education for law
enforcement personnel, court officers, forensic science
professionals, and corrections personnel. Appropriations are
authorized in the amount of $12.5 million annually for each of
the fiscal years 2015 through 2019.
Section 4. Sexual Assault Forensic Exam Grants. This
section reauthorizes grants made for DNA training, technical
assistance, education, equipment and information relating to
the collection, preservation, and use of DNA samples and
evidence by various medical and other personnel. Appropriations
are authorized in the amount of $30 million annually for each
of the fiscal years 2015 through 2019.
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 italics, 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) * * *
* * * * * * *
(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) * * *
(B) For each of the fiscal years [2010
through 2018] 2014 through 2019, not less than
40 percent of the grant amounts shall be
awarded for purposes under subsection (a)(2).
(C) For each of fiscal years 2014 through
[2018] 2019, not less than 75 percent of the
total grant amounts shall be awarded for a
combination of purposes under paragraphs (1),
(2), and (3) of subsection (a).
* * * * * * *
(j) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General for grants under
subsection (a) $151,000,000 for each of fiscal years [2009
through 2014] 2015 through 2019.
* * * * * * *
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DNA SEXUAL ASSAULT JUSTICE 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 [2009
through 2014] 2015 through 2019 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 [2009
through 2014] 2015 through 2019 to carry out this section.
* * * * * * *