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CBILL21A.TXT
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TITLE XXI-STATE AND LOCAL LAW ENFORCEMENT Sections
SEC. 210303. QUALITY ASSURANCE AND PROFICIENCY TESTING
(a) Publication of Quality Assurance and Proficiency Testing
.-(1)(A) Not later than 180 days after the date of enactment
Act, the Director of the Federal Bureau of Investigation shall
an advisory board on DNA quality assurance methods from among
nominations proposed by the head of the National Academy of Sciences
and professional societies of crime laboratory officials.
(B) The advisory board shall include as members scientists from State,
local, and private forensic laboratories, molecular geneticists and
population geneticists not affiliated with a forensic laboratory, and
a representative from the National Institute of Standards and
Technology.
(C) The advisory board shall develop, and if appropriate, periodically
revise, recommended standards for quality assurance, including
standards for testing the proficiency of forensic laboratories, and
forensic analysts, in conducting analyses of DNA.
(2) The Director of the Federal Bureau of Investigation, after taking
into consideration such recommended standards, shall issue (and revise
from time to time) standards for quality assurance, including
standards for testing the proficiency of forensic laboratories, and
forensic analysts, in conducting analyses of DNA.
(3) The standards described in paragraphs (1) and (2) shall specify
criteria for quality assurance and proficiency tests to be applied to
the various types of DNA analyses used by forensic laboratories. The
standards shall also include a system for grading proficiency testing
performance to determine whether a laboratory is performing
acceptably.
(4) Until such time as the advisory board has made recommendations to
the Director of the Federal Bureau of Investigation and the Director
has acted upon those recommendations, the quality assurance guidelines
adopted by the technical working group on DNA analysis methods shall
be deemed the Director's standards for purposes of this section.
(b) Administration of the Advisory Board .-(1) For administrative
purposes, the advisory board appointed under subsection (a) shall be
considered an advisory board to the Director of the Federal Bureau of
Investigation.
(2) Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the advisory board appointed under
subsection (a).
(3) The DNA advisory board established under this section shall be
separate and distinct from any other advisory board administered by
the FBI, and is to be administered separately.
(4) The board shall cease to exist on the date 5 years after the
initial appointments are made to the board, unless the existence of
the board is extended by the Director of the Federal Bureau of
Investigation.
(c) Proficiency Testing Program .-(1) Not later than 1 year after the
effective date of this Act, the Director of the National Institute of
Justice shall certify to the Committees on the Judiciary of the House
and Senate that-
(A) the Institute has entered into a contract with, or made a grant
to, an appropriate entity for establishing, or has taken other
appropriate action to ensure that there is established, not later than
2 years after the date of enactment of this Act, a blind external
proficiency testing program for DNA analyses, which shall be available
to public and private laboratories performing forensic DNA analyses;
(B) a blind external proficiency testing program for DNA analyses is
already readily available to public and private laboratories
performing forensic DNA analyses; or
(C) it is not feasible to have blind external testing for DNA forensic
analyses.
(2) As used in this subsection, the term "blind external proficiency
test" means a test that is presented to a forensic laboratory through
a second agency and appears to the analysts to involve routine
evidence.
(3) Notwithstanding any other provision of law, the Attorney General
shall make available to the [*H8846] Director of the National
Institute of Justice during the first fiscal year in which funds are
distributed under this subtitle up to $ 250,000 from the funds
available under part X of Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 to carry out this subsection.
SEC. 210304. INDEX TO FACILITATE LAW ENFORCEMENT EXCHANGE OF DNA
IDENTIFICATION INFORMATION.
(a) Establishment of Index .-The Director of the Federal Bureau of
Investigation may establish an index of-
(1) DNA identification records of persons convicted of crimes;
(2) analyses of DNA samples recovered from crime scenes; and
(3) analyses of DNA samples recovered from unidentified human remains.
(b) Information .-The index described in subsection (a) shall include
only information on DNA identification records and DNA analyses that
are-
(1) based on analyses performed by or on behalf of a criminal justice
agency in accordance with publicly available standards that satisfy or
exceed the guidelines for a quality assurance program for DNA
analysis, issued by the Director of the Federal Bureau of
Investigation under section 210303;
(2) prepared by laboratories, and DNA analysts, that undergo, at
regular intervals of not to exceed 180 days, external proficiency
testing by a DNA proficiency testing program meeting the standards
issued under section 210303; and
(3) maintained by Federal, State, and local criminal justice agencies
pursuant to rules that allow disclosure of stored DNA samples and DNA
analyses only-
(A) to criminal justice agencies for law enforcement identification
purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to
applicable statutes or rules;
(C) for criminal defense purposes, to a defendant, who shall have
access to samples and analyses performed in connection with the case
in which such defendant is charged; or
(D) if personally identifiable information is removed, for a
population statistics database, for identification research and
protocol development purposes, or for quality control purposes.
(c) Failure To Comply .-Access to the index established by this
section is subject to cancellation if the quality control and privacy
requirements described in subsection (b) are not met.
SEC. 210305. FEDERAL BUREAU OF INVESTIGATION.
(a) Proficiency Testing Requirements .-
(1) Generally .-(A) Personnel at the Federal Bureau of Investigation
who perform DNA analyses shall undergo, at regular intervals of not to
exceed 180 days, external proficiency testing by a DNA proficiency
testing program meeting the standards issued under section 210303.
(B) Within 1 year after the date of enactment of this Act, the
Director of the Federal Bureau of Investigation shall arrange for
periodic blind external tests to determine the proficiency of DNA
analysis performed at the Federal Bureau of Investigation laboratory.
(C) In this paragraph, "blind external test" means a test that is
presented to the laboratory through a second agency and appears to the
analysts to involve routine evidence.
(2) Report .-For 5 years after the date of enactment of this Act, the
Director of the Federal Bureau of Investigation shall submit to the
Committees on the Judiciary of the House and Senate an annual report
on the results of each of the tests described in paragraph (1).
(b) Privacy Protection Standards .-
(1) Generally .-Except as provided in paragraph (2), the results of
DNA tests performed for a Federal law enforcement agency for law
enforcement purposes may be disclosed only-
(A) to criminal justice agencies for law enforcement identification
purposes;
(B) in judicial proceedings, if otherwise admissible pursuant to
applicable statues or rules; and
(C) for criminal defense purposes, to a defendant, who shall have
access to samples and analyses performed in connection with the case
in which such defendant is charged.
(2) Exception .-If personally identifiable information is removed,
test results may be disclosed for a population statistics database,
for
identification research and protocol development purposes, or for
quality control purposes.
(c) Criminal Penalty .-(1) A person who-
(A) by virtue of employment or official position, has possession of,
or access to, individually identifiable DNA information indexed in a
database created or maintained by any Federal law enforcement agency;
and
(B) knowingly discloses such information in any manner to any person
or agency not authorized to receive it,
shall be fined not more than $ 100,000.
(2) A person who, without authorization, knowingly obtains DNA samples
or individually identifiable DNA information indexed in a database
created or maintained by any Federal law enforcement agency shall be
fined not more than $ 100,000.
SEC. 210306. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Federal Bureau of
Investigation to carry out sections 210303, 210304, and 210305-
(1) $ 5,500,000 for fiscal year 1996;
(2) $ 8,000,000 for fiscal year 1997;
(3) $ 8,000,000 for fiscal year 1998;
(4) $ 2,500,000 for fiscal year 1999; and
(5) $ 1,000,000 for fiscal year 2000.
Subtitle D-Police Pattern or Practice
SEC. 210401. CAUSE OF ACTION.
(a) Unlawful Conduct .-It shall be unlawful for any governmental
authority, or any agent thereof, or any person acting on behalf of a
governmental authority, to engage in a pattern or practice of conduct
by law enforcement officers or by officials or employees of any
governmental agency with responsibility for the administration of
juvenile justice or the incarceration of juveniles that deprives
persons of rights, privileges, or immunities secured or protected by
the Constitution or laws of the United States.
(b) Civil Action by Attorney General .-Whenever the Attorney General
has reasonable cause to believe that a violation of paragraph (1) has
occurred, the Attorney General, for or in the name of the United
States, may in a civil action obtain appropriate equitable and
declaratory relief to eliminate the pattern or practice.
SEC. 210402. DATA ON USE OF EXCESSIVE FORCE.
(a) Attorney General To Collect .-The Attorney General shall, through
appropriate means, acquire data about the use of excessive force by
law enforcement officers.
(b) Limitation on Use of Data .-Data acquired under this section shall
be used only for research or statistical purposes and may not contain
any information that may reveal the identity of the victim or any law
enforcement officer.
(c) Annual Summary .-The Attorney General shall publish an annual
summary of the data acquired under this section.
Subtitle E-Improved Training and Technical Automation
SEC. 210501. IMPROVED TRAINING AND TECHNICAL AUTOMATION.
(a) Grants .-
(1) In general .-The Attorney General shall, subject to the
availability of appropriations, make grants to State, Indian tribal,
and local criminal justice agencies and to nonprofit organizations for
the purposes of improving criminal justice agency efficiency through
computerized automation and technological improvements.
(2) Types of programs .-Grants under this section may include programs
to-
(A) increase use of mobile digital terminals;
(B) improve communications systems, such as computer-aided dispatch
and incident reporting systems;
(C) accomplish paper-flow reduction;
(D) establish or improve ballistics identification programs;
(E) increase the application of automated fingerprint identification
systems and their communications on an interstate and intrastate
basis; and
(F) improve computerized collection of criminal records.
(3) Funding .-No funds under this subtitle may be used to implement
any cryptographic or digital telephony programs.
(b) Training and Investigative Assistance .- (1) In general .-The
Attorney General shall, subject to the availability of appropriations-
(A) expand and improve investigative and managerial training courses
for State, Indian tribal, and local law enforcement agencies; and
(B) develop and implement, on a pilot basis with no more than 10
participating cities, an intelligent information system that gathers,
integrates, organizes, and analyzes information in active support of
investigations by Federal, State, and local law enforcement agencies
of violent
serial crimes.
(2) Improvement of facilities .-The improvement described in
subsection (a) shall include improvements of the training facilities
of the Federal Bureau of Investigation Academy at Quantico, Virginia.
(3) Intelligent information system .-The intelligent information
system described in paragraph (1)(B) shall be developed and
implemented by the Federal Bureau of Investigation and shall utilize
the resources of the Violent Criminal Apprehension Program.
(c) Authorization of Appropriations .-There are authorized to be
appropriated-
(1) to carry out subsection (a)-
(A) $ 10,000,000 for fiscal year 1996;
(B) $ 20,000,000 for fiscal year 1997;
(C) $ 23,000,000 for fiscal year 1998;
(D) $ 23,000,000 for fiscal year 1999; and
(E) $ 24,000,000 for fiscal year 2000.
(2) to carry out subsection (b)(1)-
(A) $ 4,000,000 for fiscal year 1996;
(B) $ 2,000,000 for fiscal year 1997;
(C) $ 3,000,000 for fiscal year 1998;
(D) $ 5,000,000 for fiscal year 1999; and
(E) $ 6,000,000 for fiscal year 2000; and
(3) to carry out subsection (b)(2)-
$ 10,000,000 for fiscal year 1996.
(d) Definitions .-In this section-
"Indian tribe" means a tribe, band, pueblo, nation, or other organized
group or community of Indians, including an Alaska Native village (as
defined in or established under the Alaska Native Claims Settlement
Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
"State" means a State, the District of Columbia, the Commonwealth of
Puerto Rico, the Commonwealth of the Northern Mariana Islands,
American Samoa, Guam, and the United States Virgin Islands.
Subtitle F-Other State and Local Aid
SEC. 210601. REAUTHORIZATION OF OFFICE OF JUSTICE PROGRAMS.
Section 1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)) is amended-
(1) in paragraph (1) by striking "1993 and 1994" and inserting "1994
and 1995";
(2) in paragraph (2) by striking "1993 and 1994" and inserting "1994
and 1995";
(3) in paragraph (3) by striking "1993 and 1994" and inserting "1994
and 1995";
(4) in paragraph (5) by striking "1993 and 1994" and inserting "1994
and 1995";
(5) in paragraph (6) by inserting "and 1995" after "1994";
(6) in paragraph (7) by striking "1991, 1992, 1993, and 1994," and
inserting "1994 and 1995";
(7) in paragraph (8) by inserting "and 1995" after "1994"; and
(8) in paragraph (9) by inserting "and 1995" after "1994". [*H8847]
SEC. 210602. FEDERAL ASSISTANCE TO EASE THE INCREASED BURDENS ON STATE
COURT SYSTEMS RESULTING FROM ENACTMENT OF THIS ACT.
(a) In General .-The Attorney General shall, subject to the
availability of appropriation, make grants for States and units of
local government to pay the costs of providing increased resources for
courts, prosecutors, public defenders, and other criminal justice
participants as necessary to meet the increased demands for judicial
activities resulting from the provisions of this Act and amendments
made by this Act.
(b) Applications .-In carrying out this section, the Attorney General
may make grants to, or enter into contracts with public or private
agencies, institutions, or organizations or individuals to carry out
any purpose specified in this section. The Attorney General shall have
final authority over all funds awarded under this section.
(c) Records .-Each recipient that receives a grant under this section
shall keep such records as the Attorney General may require to
facilitate an effective audit.
(d) Authorization of Appropriations .-There are authorized to be
appropriated to carry out this section-
(1) $ 23,000,000 for fiscal year 1996;
(2) $ 30,000,000 for fiscal year 1997;
(3) $ 30,000,000 for fiscal year 1998;
(4) $ 32,000,000 for fiscal year 1999; and
(5) $ 35,000,000 for fiscal year 2000,
to remain available for obligation until expended.
SEC. 210603. AVAILABILITY OF VIOLENT CRIME REDUCTION TRUST FUND TO
FUND ACTIVITIES AUTHORIZED BY THE BRADY HANDGUN VIOLENCE PREVENTION
ACT AND THE NATIONAL CHILD PROTECTION ACT OF 1993.
(a) Appropriations .-Of the amounts authorized in Sections 103(k) and
106(b)(2) of the Brady Handgun Violence Prevention Act (18 U.S.C. 922
note) and in section 4(b) of the National Child Protection Act of 1993
(42 U.S.C. 5119b(b)), a total of $ 100,000,000 for fiscal year 1995, $
25,000,000 for fiscal year 1996, and $ 25,000,000 for fiscal year 1997
may be appropriated from the Violent Crime Reduction Trust Fund
established by this Act.
(b) Technical Amendment .-Sections 103(k) and 106(b) of the Brady
Handgun Violence Prevention Act (18 U.S.C. 922 note) are each amended
by striking ", which may be appropriated from the Violent Crime
Reduction Trust Fund,".