DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.(a) Designation of Program; Eligibility of Local Governments as Grantees.—Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended—(1) by amending the heading to read as follows:“SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.” ;(2) in subsection (a)—(A) in the matter preceding paragraph (1)—(i) by inserting “or units of local government” after “eligible States”; and(ii) by inserting “or unit of local government” after “State”; (B) in paragraph (2), by inserting before the period at the end the following: “, including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect”; and(C) in paragraph (3), by striking “within the State”;(3) in subsection (b)—(A) in the matter preceding paragraph (1)—(i) by inserting “or unit of local government” after “State” both places that term appears; and(ii) by inserting “, as required by the Attorney General” after “application shall”;(B) in paragraph (1), by inserting “or unit of local government” after “State”;(C) in paragraph (3), by inserting “or unit of local government” after “State” the first place that term appears; (D) in paragraph (4)—(i) by inserting “or unit of local government” after “State”; and(ii) by striking “and” at the end;(E) in paragraph (5)—(i) by inserting “or unit of local government” after “State”; and(ii) by striking the period at the end and inserting a semicolon; and(F) by adding at the end the following:“(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”;(4) in subsection (d)—(A) in paragraph (1)—(i) in the matter preceding subparagraph (A), by striking “The plan” and inserting “A plan pursuant to subsection (b)(1)”;(ii) in subparagraph (A), by striking “within the State”; and118 STAT. 2267(iii) in subparagraph (B), by striking “within the State”; and(B) in paragraph (2)(A), by inserting “and units of local government” after “States”;(5) in subsection (e)—(A) in paragraph (1), by inserting “or local government” after “State” both places that term appears; and(B) in paragraph (2), by inserting “or unit of local government” after “State”;(6) in subsection (f), in the matter preceding paragraph (1), by inserting “or unit of local government” after “State”;(7) in subsection (g)—(A) in paragraph (1), by inserting “or unit of local government” after “State”; and(B) in paragraph (2), by inserting “or units of local government” after “States”; and(8) in subsection (h), by inserting “or unit of local government” after “State” both places that term appears.(b) Reauthorization and Expansion of Program.—Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended—(1) in subsection (a)—(A) in paragraph (3), by inserting “(1) or” before “(2)”; and(B) by inserting at the end the following:“(4) To collect DNA samples specified in paragraph (1).“(5) 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.”;(2) in subsection (b), as amended by this section, by inserting at the end the following:“(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).”;(3) by amending subsection (c) to read as follows:“(c) Formula for Distribution of Grants.—“(1) In general.—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—“(A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and“(B) allocates grants among eligible entities fairly and efficiently to address jurisdictions in which significant backlogs exist, by considering—“(i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction;“(ii) the population in the jurisdiction; and“(iii) the number of part 1 violent crimes in the jurisdiction.“(2) Minimum amount.—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.118 STAT. 2268“(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) For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).”; (4) in subsection (g)—(A) in paragraph (1), by striking “and” at the end;(B) in paragraph (2), by striking the period at the end and inserting “; and”; and(C) by adding at the end the following:“(3) 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.”; (5) in subsection (j), by striking paragraphs (1) and (2) and inserting the following:“(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.”; and“(6) by adding at the end the following:“(k) Use of Funds for Accreditation and Audits.—The Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)—“(1) 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;“(2) 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—“(A) 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;“(B) 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 “(C) to support future capacity building efforts; and118 STAT. 2269“(3) 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.“(l) Use of Funds for Other Forensic Sciences.—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—“(1) certifies to the Attorney General that in such State or unit—“(A) all of the purposes set forth in subsection (a) have been met;“(B) a significant backlog of casework is not waiting for DNA analysis; and“(C) there is no need for significant laboratory equipment, supplies, or additional personnel for timely DNA processing of casework or offender samples; and “(2) 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.“(m) External Audits and Remedial Efforts.—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.”.