34 U.S.C. § 40701 — The Debbie Smith DNA Backlog Grant Program
submitted 26 years ago by Pub. L. 106-546 to r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT · 2,631 words · no verdicts yet
The Attorney General can give states grants to cut DNA testing backlogs. Priority goes to rape kits and cases without an identified suspect. States must apply with a DNA plan, follow privacy rules, and meet funding limits set for specific purposes.
(a) Authorization of grants: The Attorney General may give grants to eligible states or local governments to:
(1) Do DNA analysis of samples collected under existing legal authority, for entry into the FBI's Combined DNA Index System (CODIS).
(2) Do DNA analysis of crime-scene samples for CODIS, prioritizing -- as much as public safety allows -- rape kits, other sexual assault evidence, and samples from cases without an identified suspect.
(3) Expand the DNA-analysis capacity of state or local labs for the samples in (1) or (2).
(4) Collect the DNA samples described in (1).
(5) Make sure DNA testing and analysis of crime samples -- including sexual assault and other serious violent crimes -- happens promptly.
(6) Repealed by a 2013 law; no longer in effect.
(7) Audit, under subsection (n), the sexual assault evidence sitting in a state's or locality's possession waiting to be tested.
(8) Make sure law enforcement collects and processes DNA evidence from crimes -- especially sexual assault and other violent crimes -- properly and promptly, following the protocols developed under subsection (o)(1).
(9) Expand state and local prosecutors' capacity to work through the backlog of violent-crime cases where DNA evidence has identified a suspect.
(b) Eligibility: To get a grant, a state's or local government's chief executive must apply to the Attorney General in the required form, with the required information. The application must, as the Attorney General requires: assure that the applicant has -- or will within 120 days -- put in place a plan for prompt DNA analysis under this section; certify that DNA analyses will follow the privacy rules in section 12592(b)(3); certify that the state or locality has, by statute, rule, or regulation, decided which state offenses count as "qualifying State offenses" for this section; specify how grant money will be split between samples under (a)(1) and (a)(2); specify what part of the grant will go toward (a)(3)'s purpose; for local governments, certify they've taken steps to make sure any funded analyses can be included in CODIS, directly or through a state agency; specify what part of the grant will go toward (a)(4)'s purpose; and assure that the lab's DNA section has a written policy prioritizing homicide and sexual assault samples, as much as public safety allows.
(c) Formula for distribution of grants
(1) In general: The Attorney General must distribute grants, and set grant conditions, using a formula (or formulas) designed to make the best use of DNA technology to solve crimes and protect public safety, and to fairly and efficiently direct funds to places with big backlogs -- considering the number of samples awaiting analysis, the jurisdiction's population, and the number of part 1 violent crimes.
(2) Minimum amount: Each state must get at least 0.50% of the total yearly appropriation, except the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, which each get 0.125%.
(3) Limitation: Of the grant money distributed under paragraph (1), for casework/crime-victim samples under (a)(2): for fiscal year 2009 and for each of fiscal years 2019-2024, at least 40% of grant funds must go to (a)(2) purposes; and for fiscal years 2019-2024, at least 75% of all grant funds must go to a combination of (a)(1), (2), and (3) purposes.
(4) Allocation for audits: For fiscal years 2014-2029, if enough good applications come in, 5-7% of funds distributed under paragraph (1) must go to (a)(7) audit purposes -- without cutting into what's guaranteed under paragraph (3).
(5) Allocation for prosecutors: Each fiscal year, if enough good applications come in, 5-7% of funds distributed under paragraph (1) must go to (a)(9) prosecutor purposes -- again without cutting into what's guaranteed under paragraph (3).
(d) Analysis of samples
(1) In general: Except as paragraph (3) allows, a state's or locality's plan must require every DNA analysis to happen at a lab that meets quality assurance standards and is either run by the state/locality or run by a private company under contract with them.
(2) Quality assurance standards: The FBI Director must publish and keep updated quality-assurance protocols for states and localities; a lab meets the standard if it satisfies the quality-control rules in section 12592(b)(1) and (2).
(3) Use of vouchers or contracts: A grant for purposes (1), (2), or (5) in subsection (a) can be given as a voucher or contract for lab services -- even a for-profit lab can be used. The voucher or contract can be redeemed at any qualifying lab (nonprofit or for-profit) approved by the Attorney General. The Attorney General may use funds authorized under subsection (j) to pay these labs.
(e) Restrictions on use of funds
(1) Nonsupplanting: Grant money can't replace state or local funding -- it must add to what the state or locality would otherwise spend.
(2) Administrative costs: No more than 3% of a grant can go to administrative expenses.
(f) Reports to the Attorney General: For each year in which grant funds are expended, each grant recipient must report, in whatever way the Attorney General reasonably requires, summarizing the grant activities, whether they're meeting identified needs, and any other information required.
(g) Reports to Congress: Within 90 days after each fiscal year, the Attorney General must report to Congress the total grant amounts given to each recipient, a summary of recipients' reported information, and a description of grant-award priorities and how the plan ensures effective use of DNA technology.
(h) Expenditure records: Recipients must keep records the Attorney General requires to allow an effective audit of how grant funds are received and used, and must make those records available for audit.
(i) Definition: "State" here means a U.S. state, D.C., Puerto Rico, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
(j) Authorization of appropriations: Congress authorized $151,000,000 per year for fiscal years 2024 through 2029 for these grants.
(k) Use of funds for accreditation and audits: The Attorney General may use up to 1% of the funds under (j) to: help states/localities cover lab accreditation costs; give grants to states, localities, or recognized nonprofit forensic organizations to cover external-audit costs (checking CODIS-participating labs for quality-assurance compliance), assess compliance with plans submitted to the National Institute of Justice, and support future capacity-building; and give grants to recognized nonprofit forensic associations to train the people who conduct those external audits.
(l) Use of funds for other forensic sciences: The Attorney General may award a grant to help clear a backlog in a forensic science other than DNA, if the recipient certifies that it has met all the DNA-related purposes in (a), has no significant DNA backlog, and doesn't need more DNA equipment, supplies, or staff -- and shows it needs help with a non-DNA forensic backlog instead.
(m) External audits and remedial efforts: If a funded lab undergoes an external audit against FBI-set standards and the audit finds compliance problems, the state or locality must fix them as soon as practical.
(n) Repealed by a 2013 law; no longer in effect.
(o) Establishment of protocols, technical assistance, and definitions
(1) Protocols and practices: Within 18 months of March 7, 2013, the Director (of the FBI), working with federal, state, and local agencies and labs, must publish protocols for accurately, promptly, and effectively collecting and processing DNA evidence -- including for sexual assault cases -- covering: how to decide which evidence gets collected and tested, in what order, and what factors set the testing order across different cases; reasonable time limits for forwarding evidence to a lab; reasonable time limits for each stage of lab testing; systems to keep everyone involved (responders, police, prosecutors, courts, defense, lab staff, victims) informed about evidence status; and standards for auditing the sexual-assault DNA backlog required under (former) subsection (n).
(2) Technical assistance and training: The Director must offer technical assistance and training to help states and localities adopt these protocols once published.
(3) Definitions: "Awaiting testing" and "possession" mean whatever they meant in (former) subsection (n).
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:
To carry out, for inclusion in the Combined DNA Index System of the Federal Bureau of Investigation, DNA analyses of samples collected under applicable legal authority.
To carry out, for inclusion in such Combined DNA Index System, DNA analyses of samples from crime scenes, prioritizing, to the extent practicable consistent with public safety considerations 1 samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect.
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).
To collect DNA samples specified in paragraph (1).
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.
Repealed. Pub. L. 113–4, title X, § 1006, Mar. 7, 2013, 127 Stat. 134.
To conduct an audit consistent with subsection (n) of the samples of sexual assault evidence that are in the possession of the State or unit of local government and are awaiting testing.
To ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, in particular, sexual assault and other violent crimes against persons, is carried out in an appropriate and timely manner and in accordance with the protocols and practices developed under subsection (o)(1).
To increase the capacity of State and local prosecution offices to address the backlog of violent crime cases in which suspects have been identified through DNA evidence.
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—
provide assurances that the State or unit of local government has implemented, or will implement not later than 120 days after the date of such application, a comprehensive plan for the expeditious DNA analysis of samples in accordance with this section;
include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in section 12592(b)(3) of this title;
include a certification that the State or unit of local government has determined, by statute, rule, or regulation, those offenses under State law that shall be treated for purposes of this section as qualifying State offenses;
specify the allocation that the State or unit of local government shall make, in using grant amounts to carry out DNA analyses of samples, as between samples specified in subsection (a)(1) and samples specified in subsection (a)(2);
specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(3);
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;
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
provide assurances that the DNA section of the laboratory to be used to conduct DNA analyses has a written policy that prioritizes the analysis of, to the extent practicable consistent with public safety considerations, samples from homicides and sexual assaults.
The Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that—
maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and
allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering—
the number of offender and casework samples awaiting DNA analysis in a jurisdiction;
the population in the jurisdiction; and
the number of part 1 violent crimes in the jurisdiction.
The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation.
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:
For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).
For each of the fiscal years 2019 through 2024, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).
For each of fiscal years 2019 through 2024, 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).
For each of fiscal years 2014 through 2029, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(7), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).
For each fiscal year, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(9), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).
A plan pursuant to subsection (b)(1) shall require that, except as provided in paragraph (3), each DNA analysis be carried out in a laboratory that satisfies quality assurance standards and is—
operated by the State or a unit of local government; or
operated by a private entity pursuant to a contract with the State or a unit of local government.
The Director of the Federal Bureau of Investigation shall maintain and make available to States and units of local government a description of quality assurance protocols and practices that the Director considers adequate to assure the quality of a forensic laboratory.
For purposes of this section, a laboratory satisfies quality assurance standards if the laboratory satisfies the quality control requirements described in paragraphs (1) and (2) of section 12592(b) of this title.
A grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services, even if the laboratory makes a reasonable profit for the services.
A voucher or contract under subparagraph (A) may be redeemed at a laboratory operated on a nonprofit or for-profit basis, by a private entity that satisfies quality assurance standards and has been approved by the Attorney General.
The Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B).
Funds made available pursuant to this section shall not be used to supplant State or local government funds, but shall be used to increase the amount of funds that would, in the absence of Federal funds, be made available from State or local government sources for the purposes of this Act.
A State or unit of local government may not use more than 3 percent of the funds it receives from this section for administrative expenses.
Each State or unit of local government which receives a grant under this section shall submit to the Attorney General, for each year in which funds from a grant received under this section is expended, a report at such time and in such manner as the Attorney General may reasonably require, which contains—
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; and
such other information as the Attorney General may require.
Not later than 90 days after the end of each fiscal year for which grants are made under this section, the Attorney General shall submit to the Congress a report that includes—
the aggregate amount of grants made under this section to each State or unit of local government for such fiscal year;
a summary of the information provided by States or units of local government receiving grants under this section; and
a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety.
Each State or unit of local government which receives a grant under this section shall keep records as the Attorney General may require to facilitate an effective audit of the receipt and use of grant funds received under this section.
Each State or unit of local government which receives a grant under this section shall make available, for the purpose of audit and examination, such records as are related to the receipt or use of any such grant.
For purposes of this section, the term “State” means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
There are authorized to be appropriated to the Attorney General for grants under subsection (a) $151,000,000 for each of fiscal years 2024 through 2029.
The Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)—
to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation;
in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community—
to defray the costs of external audits of laboratories operated by such State or unit of local government, which participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality assurance standards;
to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and
to support future capacity building efforts; and
in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System.
The Attorney General may award a grant under this section to a State or unit of local government to alleviate a backlog of cases with respect to a forensic science other than DNA analysis if the State or unit of local government—
certifies to the Attorney General that in such State or unit—
all of the purposes set forth in subsection (a) have been met;
a significant backlog of casework is not waiting for DNA analysis; and
there is no need for significant laboratory equipment, supplies, or additional personnel for timely DNA processing of casework or offender samples; and
demonstrates to the Attorney General that such State or unit requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis.
In the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable.
Not later than 18 months after March 7, 2013, the Director, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence, including—
how to determine—
which evidence is to be collected by law enforcement personnel and forwarded for testing;
the preferred order in which evidence from the same case is to be tested; and
what information to take into account when establishing the order in which evidence from different cases is to be tested;
the establishment of a reasonable period of time in which evidence is to be forwarded by emergency response providers, law enforcement personnel, and prosecutors to a laboratory for testing;
the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed;
systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested; and
standards for conducting the audit of the backlog for DNA case work in sexual assault cases required under subsection (n).
The Director shall make available technical assistance and training to support States and units of local government in adopting and implementing the protocols and practices developed under paragraph (1) on and after the date on which the protocols and practices are published.
In this subsection, the terms “awaiting testing” and “possession” have the meanings given those terms in subsection (n).
Source credit: (Pub. L. 106–546, § 2, Dec. 19, 2000, 114 Stat. 2726; Pub. L. 108–405, title II, §§ 202, 206, Oct. 30, 2004, 118 Stat. 2266, 2272; Pub. L. 109–162, title X, § 1003, Jan. 5, 2006, 119 Stat. 3085; Pub. L. 110–360, § 2, Oct. 8, 2008, 122 Stat. 4008; Pub. L. 112–253, § 6, Jan. 10, 2013, 126 Stat. 2409; Pub. L. 113–4, title X, §§ 1002, 1004, 1006, Mar. 7, 2013, 127 Stat. 127, 131, 134; Pub. L. 113–182, § 2, Sept. 29, 2014, 128 Stat. 1918; Pub. L. 115–107, § 3(a), Jan. 8, 2018, 131 Stat. 2266; Pub. L. 115–257, § 2(a), Oct. 9, 2018, 132 Stat. 3660; Pub. L. 116–104, § 2, Dec. 30, 2019, 133 Stat. 3272; Pub. L. 118–72, §§ 2, 3, July 30, 2024, 138 Stat. 1503.)
- 2000Enacted · Pub. L. 106-546 · 114 Stat. 2726
- 2004Amended · Pub. L. 108-405 · 118 Stat. 2266, 2272
- 2006Amended · Pub. L. 109-162 · 119 Stat. 3085
- 2008Amended · Pub. L. 110-360 · 122 Stat. 4008
- 2013Amended · Pub. L. 112-253 · 126 Stat. 2409
- 2013Amended · Pub. L. 113-4 · 127 Stat. 127, 131, 134
- 2014Amended · Pub. L. 113-182 · 128 Stat. 1918
- 2018Amended · Pub. L. 115-107 · 131 Stat. 2266
- 2018Amended · Pub. L. 115-257 · 132 Stat. 3660
- 2019Amended · Pub. L. 116-104 · 133 Stat. 3272
- 2024Amended · Pub. L. 118-72 · 138 Stat. 1503
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-546 on 2000-12-19.
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