SUBCHAPTER IX—STATE AND LOCAL LAW ENFORCEMENT
Ex. Ord. No. 13684. Establishment of the President's Task Force on 21st Century Policing
Ex. Ord. No. 13684, Dec. 18, 2014, 79 F.R. 76865, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to identify the best means to provide an effective partnership between law enforcement and local communities that reduces crime and increases trust, it is hereby ordered as follows:
(b) The President shall designate two members of the Task Force to serve as Co-Chairs.
(b) The Task Force shall be solely advisory and shall submit a report to the President by March 2, 2015.
(b) The Director of the Office of Community Oriented Policing Services shall serve as Executive Director of the Task Force and shall, as directed by the Co-Chairs, convene regular meetings of the Task Force and supervise its work.
(c) In carrying out its mission, the Task Force shall be informed by, and shall strive to avoid duplicating, the efforts of other governmental entities.
(d) The Department of Justice shall provide administrative services, funds, facilities, staff, equipment, and other support services as may be necessary for the Task Force to carry out its mission to the extent permitted by law and subject to the availability of appropriations.
(e) Members of the Task Force shall serve without any additional compensation for their work on the Task Force, but shall be allowed travel expenses, including per diem, to the extent permitted by law for persons serving intermittently in the Government service (
(i) the authority granted by law to a department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(c) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act") may apply to the Task Force, any functions of the President under the Act, except for those in section 6 of the Act, shall be performed by the Attorney General.
Barack Obama.
Part A—DNA Identification
§14131. Quality assurance and proficiency testing standards
(a) Publication of quality assurance and proficiency testing standards
(1)(A) Not later than 180 days after September 13, 1994, the Director of the Federal Bureau of Investigation shall appoint 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 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,1 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 September 13, 1994, 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 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 [
(
References in Text
Section 14 of the Federal Advisory Committee Act, referred to in subsec. (b)(2), is section 14 of
The effective date of this Act, referred to in subsec. (c)(1), probably means the date of enactment of
This subtitle, referred to in subsec. (c)(3), is subtitle C (§§210301–210306) of title XXI of
The Omnibus Crime Control and Safe Streets Act of 1968, referred to in subsec. (c)(3), is
1 See References in Text note below.
§14132. 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—
(A) persons convicted of crimes;
(B) persons who have been charged in an indictment or information with a crime; and
(C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index System;
(2) analyses of DNA samples recovered from crime scenes;
(3) analyses of DNA samples recovered from unidentified human remains; and
(4) analyses of DNA samples voluntarily contributed from relatives of missing persons.
(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 (or the Secretary of Defense in accordance with
(2) prepared by laboratories that—
(A) not later than 2 years after October 30, 2004, have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and
(B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and
(3) maintained by Federal, State, and local criminal justice agencies (or the Secretary of Defense in accordance with
(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.
(d) Expungement of records
(1) By Director
(A) The Director of the Federal Bureau of Investigation shall promptly expunge from the index described in subsection (a) the DNA analysis of a person included in the index—
(i) on the basis of conviction for a qualifying Federal offense or a qualifying District of Columbia offense (as determined under
(ii) on the basis of an arrest under the authority of the United States, if the Attorney General receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B) For purposes of subparagraph (A), the term "qualifying offense" means any of the following offenses:
(i) A qualifying Federal offense, as determined under
(ii) A qualifying District of Columbia offense, as determined under
(iii) A qualifying military offense, as determined under
(C) For purposes of subparagraph (A), a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(2) By States
(A) As a condition of access to the index described in subsection (a), a State shall promptly expunge from that index the DNA analysis of a person included in the index by that State if—
(i) the responsible agency or official of that State receives, for each conviction of the person of an offense on the basis of which that analysis was or could have been included in the index, a certified copy of a final court order establishing that such conviction has been overturned; or
(ii) the person has not been convicted of an offense on the basis of which that analysis was or could have been included in the index, and the responsible agency or official of that State receives, for each charge against the person on the basis of which the analysis was or could have been included in the index, a certified copy of a final court order establishing that such charge has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable time period.
(B) For purposes of subparagraph (A), a court order is not "final" if time remains for an appeal or application for discretionary review with respect to the order.
(
Amendments
2006—Subsec. (a)(1)(C).
Subsec. (d)(1)(A).
Subsec. (d)(2)(A)(ii).
Subsec. (e).
2004—Subsec. (a)(1).
Subsec. (b)(2).
Subsec. (d)(2)(A).
Subsec. (e).
2000—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (d).
1999—Subsec. (a)(4).
§14133. Federal Bureau of Investigation
(a) Proficiency testing requirements
(1) Generally
(A) Personnel at the Federal Bureau of Investigation who perform DNA analyses shall undergo semiannual external proficiency testing by a DNA proficiency testing program meeting the standards issued under
(B) Within 1 year after September 13, 1994, 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 September 13, 1994, 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 1 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 $250,000, or imprisoned for a period of not more than one year, or both.
(
Amendments
2004—Subsec. (c)(2).
2000—Subsec. (a)(1)(A).
1 So in original. Probably should be "statutes".
§14134. Authorization of appropriations
There are authorized to be appropriated to the Federal Bureau of Investigation to carry out
(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.
(
§14135. The Debbie Smith DNA Backlog Grant Program
(a) Authorization of grants
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:
(1) 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.
(2) To carry out, for inclusion in such Combined DNA Index System, 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.
(3) 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).
(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.
(6) To implement a DNA arrestee collection process consistent with
(7) 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.
(8) To ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, including 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).
(b) Eligibility
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—
(1) 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;
(2) include a certification that each DNA analysis carried out under the plan shall be maintained pursuant to the privacy requirements described in
(3) 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;
(4) 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);
(5) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(3);
(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
(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).
(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.
(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 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).
(B) For each of the fiscal years 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 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).
(4) Allocation of grant awards for audits
For each of fiscal years 2014 through 2017, 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).
(d) Analysis of samples
(1) In general
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—
(A) operated by the State or a unit of local government; or
(B) operated by a private entity pursuant to a contract with the State or a unit of local government.
(2) Quality assurance standards
(A) 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.
(B) 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
(3) Use of vouchers or contracts for certain purposes
(A) In general
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.
(B) Redemption
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.
(C) Payments
The Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B).
(e) Restrictions on use of funds
(1) Nonsupplanting
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.
(2) Administrative costs
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.
(f) Reports to the Attorney General
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—
(1) 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
(2) such other information as the Attorney General may require.
(g) Reports to Congress
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—
(1) the aggregate amount of grants made under this section to each State or unit of local government for such fiscal year;
(2) a summary of the information provided by States or units of local government receiving grants under this section; and
(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.
(h) Expenditure records
(1) In general
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.
(2) Access
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.
(i) Definition
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.
(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 2015 through 2019.
(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; and
(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.
(n) Use of funds for auditing sexual assault evidence backlogs
(1) Eligibility
The Attorney General may award a grant under this section to a State or unit of local government for the purpose described in subsection (a)(7) only if the State or unit of local government—
(A) submits a plan for performing the audit of samples described in such subsection; and
(B) includes in such plan a good-faith estimate of the number of such samples.
(2) Grant conditions
A State or unit of local government receiving a grant for the purpose described in subsection (a)(7)—
(A) may not enter into any contract or agreement with any non-governmental vendor laboratory to conduct an audit described in subsection (a)(7); and
(B) shall—
(i) not later than 1 year after receiving the grant, complete the audit referred to in paragraph (1)(A) in accordance with the plan submitted under such paragraph;
(ii) not later than 60 days after receiving possession of a sample of sexual assault evidence that was not in the possession of the State or unit of local government at the time of the initiation of an audit under paragraph (1)(A), subject to paragraph (4)(F), include in any required reports under clause (v), the information listed under paragraph (4)(B);
(iii) for each sample of sexual assault evidence that is identified as awaiting testing as part of the audit referred to in paragraph (1)(A)—
(I) assign a unique numeric or alphanumeric identifier to each sample of sexual assault evidence that is in the possession of the State or unit of local government and is awaiting testing; and
(II) identify the date or dates after which the State or unit of local government would be barred by any applicable statutes of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates;
(iv) provide that—
(I) the chief law enforcement officer of the State or unit of local government, respectively, is the individual responsible for the compliance of the State or unit of local government, respectively, with the reporting requirements described in clause (v); or
(II) the designee of such officer may fulfill the responsibility described in subclause (I) so long as such designee is an employee of the State or unit of local government, respectively, and is not an employee of any governmental laboratory or non-governmental vendor laboratory; and
(v) comply with all grantee reporting requirements described in paragraph (4).
(3) Extension of initial deadline
The Attorney General may grant an extension of the deadline under paragraph (2)(B)(i) to a State or unit of local government that demonstrates that more time is required for compliance with such paragraph.
(4) Sexual assault forensic evidence reports
(A) In general
For not less than 12 months after the completion of an initial count of sexual assault evidence that is awaiting testing during an audit referred to in paragraph (1)(A), a State or unit of local government that receives a grant award under subsection (a)(7) shall, not less than every 60 days, submit a report to the Department of Justice, on a form prescribed by the Attorney General, which shall contain the information required under subparagraph (B).
(B) Contents of reports
A report under this paragraph shall contain the following information:
(i) The name of the State or unit of local government filing the report.
(ii) The period of dates covered by the report.
(iii) The cumulative total number of samples of sexual assault evidence that, at the end of the reporting period—
(I) are in the possession of the State or unit of local government at the reporting period;
(II) are awaiting testing; and
(III) the State or unit of local government has determined should undergo DNA or other appropriate forensic analyses.
(iv) The cumulative total number of samples of sexual assault evidence in the possession of the State or unit of local government that, at the end of the reporting period, the State or unit of local government has determined should not undergo DNA or other appropriate forensic analyses, provided that the reporting form shall allow for the State or unit of local government, at its sole discretion, to explain the reasoning for this determination in some or all cases.
(v) The cumulative total number of samples of sexual assault evidence in a total under clause (iii) that have been submitted to a laboratory for DNA or other appropriate forensic analyses.
(vi) The cumulative total number of samples of sexual assault evidence identified by an audit referred to in paragraph (1)(A) or under paragraph (2)(B)(ii) for which DNA or other appropriate forensic analysis has been completed at the end of the reporting period.
(vii) The total number of samples of sexual assault evidence identified by the State or unit of local government under paragraph (2)(B)(ii), since the previous reporting period.
(viii) The cumulative total number of samples of sexual assault evidence described under clause (iii) for which the State or unit of local government will be barred within 12 months by any applicable statute of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates.
(C) Publication of reports
Not later than 7 days after the submission of a report under this paragraph by a State or unit of local government, the Attorney General shall, subject to subparagraph (D), publish and disseminate a facsimile of the full contents of such report on an appropriate internet website.
(D) Personally identifiable information
The Attorney General shall ensure that any information published and disseminated as part of a report under this paragraph, which reports information under this subsection, does not include personally identifiable information or details about a sexual assault that might lead to the identification of the individuals involved.
(E) Optional reporting
The Attorney General shall—
(i) at the discretion of a State or unit of local government required to file a report under subparagraph (A), allow such State or unit of local government, at their sole discretion, to submit such reports on a more frequent basis; and
(ii) make available to all States and units of local government the reporting form created pursuant to subparagraph (A), whether or not they are required to submit such reports, and allow such States or units of local government, at their sole discretion, to submit such reports for publication.
(F) Samples exempt from reporting requirement
The reporting requirements described in paragraph (2) shall not apply to a sample of sexual assault evidence that—
(i) is not considered criminal evidence (such as a sample collected anonymously from a victim who is unwilling to make a criminal complaint); or
(ii) relates to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations.
(5) Definitions
In this subsection:
(A) Awaiting testing
The term "awaiting testing" means, with respect to a sample of sexual assault evidence, that—
(i) the sample has been collected and is in the possession of a State or unit of local government;
(ii) DNA and other appropriate forensic analyses have not been performed on such sample; and
(iii) the sample is related to a criminal case or investigation in which final disposition has not yet been reached.
(B) Final disposition
The term "final disposition" means, with respect to a criminal case or investigation to which a sample of sexual assault evidence relates—
(i) the conviction or acquittal of all suspected perpetrators of the crime involved;
(ii) a determination by the State or unit of local government in possession of the sample that the case is unfounded; or
(iii) a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed.
(C) Possession
(i) In general
The term "possession", used with respect to possession of a sample of sexual assault evidence by a State or unit of local government, includes possession by an individual who is acting as an agent of the State or unit of local government for the collection of the sample.
(ii) Rule of construction
Nothing in clause (i) shall be construed to create or amend any Federal rights or privileges for non-governmental vendor laboratories described in regulations promulgated under
(o) Establishment of protocols, technical assistance, and definitions
(1) Protocols and practices
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—
(A) how to determine—
(i) which evidence is to be collected by law enforcement personnel and forwarded for testing;
(ii) the preferred order in which evidence from the same case is to be tested; and
(iii) what information to take into account when establishing the order in which evidence from different cases is to be tested;
(B) 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;
(C) the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed;
(D) 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
(E) standards for conducting the audit of the backlog for DNA case work in sexual assault cases required under subsection (n).
(2) Technical assistance and training
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.
(3) Definitions
In this subsection, the terms "awaiting testing" and "possession" have the meanings given those terms in subsection (n).
(
Amendment of Section
For termination of amendment by section 1006 of
References in Text
This Act, referred to in subsecs. (e)(1), (k)(2)(B), and (m), is
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2014—Subsec. (c)(3)(B).
Subsec. (c)(3)(C).
Subsec. (j).
2013—Subsec. (a)(6).
Subsec. (a)(7), (8).
Subsec. (c)(3)(B).
Subsec. (c)(3)(C).
Subsec. (c)(4).
Subsec. (n).
Subsec. (o).
2008—Subsec. (c)(3).
Subsec. (c)(3)(A).
Subsec. (c)(3)(B) to (D).
"(B) For fiscal year 2006, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2) of this section.
"(C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2) of this section.
"(D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2) of this section."
Subsec. (j).
2006—Subsec. (a)(1).
2004—
Subsec. (a).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4), (5).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (c).
Subsec. (d)(1).
Subsec. (d)(2)(A).
Subsec. (d)(3).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g)(1).
Subsec. (g)(2).
Subsec. (g)(3).
Subsec. (h).
Subsec. (j)(1) to (5).
"(1) For grants for the purposes specified in paragraph (1) of such subsection—
"(A) $15,000,000 for fiscal year 2001;
"(B) $15,000,000 for fiscal year 2002; and
"(C) $15,000,000 for fiscal year 2003.
"(2) For grants for the purposes specified in paragraphs (2) and (3) of such subsection—
"(A) $25,000,000 for fiscal year 2001;
"(B) $50,000,000 for fiscal year 2002;
"(C) $25,000,000 for fiscal year 2003; and
"(D) $25,000,000 for fiscal year 2004."
Subsec. (k) to (m).
Termination Date of 2013 Amendment
Reports to Congress
"(1) lists the States and units of local government that have been awarded such grants and the amount of the grant received by each such State or unit of local government;
"(2) states the number of extensions granted by the Attorney General under section 2(n)(3) of the DNA Analysis Backlog Elimination Act of 2000 [
"(3) summarizes the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports established under section 2(n)(4) of the DNA Analysis Backlog Elimination Act of 2000 [
Oversight and Accountability
"(1)
"(2)
"(3)
"(4)
"(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and
"(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
"(5)
"(6)
"(A)
"(B)
"(C)
"(7)
"(8)
"(A)
"(B)
"(C)
"(9)
"(A)
"(i) lobby any representative of the Department of Justice regarding the award of grant funding; or
"(ii) lobby any representative of a Federal, state, local, or tribal government regarding the award of grant funding.
"(B)
"(i) require the grant recipient to repay the grant in full; and
"(ii) prohibit the grant recipient from receiving another grant under this title for not less than 5 years."
Sense of Congress Regarding the Obligation of Grantee States to Ensure Access to Post-Conviction DNA Testing and Competent Counsel in Capital Cases
"(a)
"(1) over the past decade, deoxyribonucleic acid testing (referred to in this section as 'DNA testing') has emerged as the most reliable forensic technique for identifying criminals when biological material is left at a crime scene;
"(2) because of its scientific precision, DNA testing can, in some cases, conclusively establish the guilt or innocence of a criminal defendant;
"(3) in other cases, DNA testing may not conclusively establish guilt or innocence, but may have significant probative value to a finder of fact;
"(4) DNA testing was not widely available in cases tried prior to 1994;
"(5) new forensic DNA testing procedures have made it possible to get results from minute samples that could not previously be tested, and to obtain more informative and accurate results than earlier forms of forensic DNA testing could produce, resulting in some cases of convicted inmates being exonerated by new DNA tests after earlier tests had failed to produce definitive results;
"(6) DNA testing can and has resulted in the post-conviction exoneration of more than 75 innocent men and women, including some under sentence of death;
"(7) in more than a dozen cases, post-conviction DNA testing that has exonerated an innocent person has also enhanced public safety by providing evidence that led to the apprehension of the actual perpetrator;
"(8) experience has shown that it is not unduly burdensome to make DNA testing available to inmates in appropriate cases;
"(9) under current Federal and State law, it is difficult to obtain post-conviction DNA testing because of time limits on introducing newly discovered evidence;
"(10) the National Commission on the Future of DNA Evidence, a Federal panel established by the Department of Justice and comprised of law enforcement, judicial, and scientific experts, has urged that post-conviction DNA testing be permitted in the relatively small number of cases in which it is appropriate, notwithstanding procedural rules that could be invoked to preclude such testing, and notwithstanding the inability of an inmate to pay for the testing;
"(11) only a few States have adopted post-conviction DNA testing procedures;
"(12) States have received millions of dollars in DNA-related grants, and more funding is needed to improve State forensic facilities and to reduce the nationwide backlog of DNA samples from convicted offenders and crime scenes that need to be tested or retested using upgraded methods;
"(13) States that accept such financial assistance should not deny the promise of truth and justice for both sides of our adversarial system that DNA testing offers;
"(14) post-conviction DNA testing and other post-conviction investigative techniques have shown that innocent people have been sentenced to death in this country;
"(15) a constitutional error in capital cases is incompetent defense lawyers who fail to present important evidence that the defendant may have been innocent or does not deserve to be sentenced to death; and
"(16) providing quality representation to defendants facing loss of liberty or life is essential to fundamental due process and the speedy final resolution of judicial proceedings.
"(b)
"(1) Congress should condition forensic science-related grants to a State or State forensic facility on the State's agreement to ensure post-conviction DNA testing in appropriate cases; and
"(2) Congress should work with the States to improve the quality of legal representation in capital cases through the establishment of standards that will assure the timely appointment of competent counsel with adequate resources to represent defendants in capital cases at each stage of the proceedings."
§14135a. Collection and use of DNA identification information from certain Federal offenders
(a) Collection of DNA samples
(1) From individuals in custody
(A) The Attorney General may, as prescribed by the Attorney General in regulation, collect DNA samples from individuals who are arrested, facing charges, or convicted or from non-United States persons who are detained under the authority of the United States. The Attorney General may delegate this function within the Department of Justice as provided in
(B) The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under
(2) From individuals on release, parole, or probation
The probation office responsible for the supervision under Federal law of an individual on probation, parole, or supervised release shall collect a DNA sample from each such individual who is, or has been, convicted of a qualifying Federal offense (as determined under subsection (d)) or a qualifying military offense, as determined under
(3) Individuals already in CODIS
For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as "CODIS") of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, or if a DNA sample has been collected from that individual under
(4) Collection procedures
(A) The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample.
(B) The Attorney General, the Director of the Bureau of Prisons, or the probation office, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
(5) Criminal penalty
An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be—
(A) guilty of a class A misdemeanor; and
(B) punished in accordance with title 18.
(b) Analysis and use of samples
The Attorney General, the Director of the Bureau of Prisons, or the probation office responsible (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS.
(c) Definitions
In this section:
(1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
(2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
(d) Qualifying Federal offenses
The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General:
(1) Any felony.
(2) Any offense under
(3) Any crime of violence (as that term is defined in
(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).
(e) Regulations
(1) In general
Except as provided in paragraph (2), this section shall be carried out under regulations prescribed by the Attorney General.
(2) Probation officers
The Director of the Administrative Office of the United States Courts shall make available model procedures for the activities of probation officers in carrying out this section.
(f) Commencement of collection
Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2006—Subsec. (a)(1).
Subsec. (a)(1)(A).
Subsec. (a)(3), (4).
Subsec. (b).
2004—Subsec. (d).
2001—Subsec. (d)(2).
§14135b. Collection and use of DNA identification information from certain District of Columbia offenders
(a) Collection of DNA samples
(1) From individuals in custody
The Director of the Bureau of Prisons shall collect a DNA sample from each individual in the custody of the Bureau of Prisons who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
(2) From individuals on release, parole, or probation
The Director of the Court Services and Offender Supervision Agency for the District of Columbia shall collect a DNA sample from each individual under the supervision of the Agency who is on supervised release, parole, or probation who is, or has been, convicted of a qualifying District of Columbia offense (as determined under subsection (d)).
(3) Individuals already in CODIS
For each individual described in paragraph (1) or (2), if the Combined DNA Index System (in this section referred to as "CODIS") of the Federal Bureau of Investigation contains a DNA analysis with respect to that individual, the Director of the Bureau of Prisons or Agency (as applicable) may (but need not) collect a DNA sample from that individual.
(4) Collection procedures
(A) The Director of the Bureau of Prisons or Agency (as applicable) may use or authorize the use of such means as are reasonably necessary to detain, restrain, and collect a DNA sample from an individual who refuses to cooperate in the collection of the sample.
(B) The Director of the Bureau of Prisons or Agency, as appropriate, may enter into agreements with units of State or local government or with private entities to provide for the collection of the samples described in paragraph (1) or (2).
(5) Criminal penalty
An individual from whom the collection of a DNA sample is authorized under this subsection who fails to cooperate in the collection of that sample shall be—
(A) guilty of a class A misdemeanor; and
(B) punished in accordance with title 18.
(b) Analysis and use of samples
The Director of the Bureau of Prisons or Agency (as applicable) shall furnish each DNA sample collected under subsection (a) to the Director of the Federal Bureau of Investigation, who shall carry out a DNA analysis on each such DNA sample and include the results in CODIS.
(c) Definitions
In this section:
(1) The term "DNA sample" means a tissue, fluid, or other bodily sample of an individual on which a DNA analysis can be carried out.
(2) The term "DNA analysis" means analysis of the deoxyribonucleic acid (DNA) identification information in a bodily sample.
(d) Qualifying District of Columbia offenses
The government of the District of Columbia may determine those offenses under the District of Columbia Code that shall be treated for purposes of this section as qualifying District of Columbia offenses.
(e) Commencement of collection
Collection of DNA samples under subsection (a) shall, subject to the availability of appropriations, commence not later than the date that is 180 days after December 19, 2000.
(f) Authorization of appropriations
There are authorized to be appropriated to the Court Services and Offender Supervision Agency for the District of Columbia to carry out this section such sums as may be necessary for each of fiscal years 2001 through 2005.
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14135c. Conditions of release generally
If the collection of a DNA sample from an individual on probation, parole, or supervised release is authorized pursuant to
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14135d. Authorization of appropriations
There are authorized to be appropriated to the Attorney General to carry out this Act (including to reimburse the Federal judiciary for any reasonable costs incurred in implementing such Act, as determined by the Attorney General) such sums as may be necessary.
(
References in Text
This Act, referred to in text, is
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14135e. Privacy protection standards
(a) In general
Except as provided in subsection (b), any sample collected under, or any result of any analysis carried out under,
(b) Permissive uses
A sample or result described in subsection (a) may be disclosed under the circumstances under which disclosure of information included in the Combined DNA Index System is allowed, as specified in subparagraphs (A) through (D) of
(c) Criminal penalty
A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $250,000, or imprisoned for a period of not more than one year. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.
(
Codification
Section was enacted as part of the DNA Analysis Backlog Elimination Act of 2000, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2004—Subsec. (c).
"(1) discloses a sample or result described in subsection (a) of this section in any manner to any person not authorized to receive it; or
"(2) obtains, without authorization, a sample or result described in subsection (a) of this section,
shall be fined not more than $250,000, or imprisoned for a period of not more than one year, or both."
§14136. DNA training and education for law enforcement, correctional personnel, and court officers
(a) In general
The Attorney General shall make grants to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by—
(1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime;
(2) court officers, including State and local prosecutors, defense lawyers, and judges;
(3) forensic science professionals; and
(4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision.
(b) Authorization of appropriations
There are authorized to be appropriated $12,500,000 for each of fiscal years 2015 through 2019 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2014—Subsec. (b).
2008—Subsec. (b).
Incentive Grants to States To Ensure Consideration of Claims of Actual Innocence
"(1) meet the requirements under section 303, 305, 308, or 412, as appropriate; and
"(2) for eligible entities that are a State or unit of local government, provide a certification by the chief legal officer of the State in which the eligible entity operates or the chief legal officer of the jurisdiction in which the funds will be used for the purposes of the grants, that the State or jurisdiction—
"(A) provides DNA testing of specified evidence under a State statute or a State or local rule or regulation to persons sentenced to imprisonment or death for a State felony offense, in a manner intended to ensure a reasonable process for resolving claims of actual innocence that ensures post-conviction DNA testing in at least those cases that would be covered by
"(B) preserves biological evidence, as defined in
§14136a. Sexual assault forensic exam program grants
(a) In general
The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).
(b) Eligible entity
For purposes of this section, the term "eligible entity" includes—
(1) States;
(2) units of local government; and
(3) sexual assault examination programs, including—
(A) sexual assault nurse examiner (SANE) programs;
(B) sexual assault forensic examiner (SAFE) programs;
(C) sexual assault response team (SART) programs;
(D) State sexual assault coalitions;
(E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of sexual assault; and
(F) victim service providers involved in treating victims of sexual assault.
(c) Preference
(1) In general
In reviewing applications submitted in accordance with a program authorized, in whole or in part, by this section, the Attorney General shall give preference to any eligible entity that certifies that the entity will use the grant funds to—
(A) improve forensic nurse examiner programs in a rural area or for an underserved population, as those terms are defined in section 13925 1 of this title;
(B) engage in activities that will assist in the employment of full-time forensic nurse examiners to conduct activities under subsection (a); or
(C) sustain or establish a training program for forensic nurse examiners.
(2) Directive to the Attorney General
Not later than the beginning of fiscal year 2018, the Attorney General shall coordinate with the Secretary of Health and Human Services to inform Federally Qualified Health Centers, Community Health Centers, hospitals, colleges and universities, and other appropriate health-related entities about the role of forensic nurses and existing resources available within the Department of Justice and the Department of Health and Human Services to train or employ forensic nurses to address the needs of communities dealing with sexual assault, domestic violence, and elder abuse. The Attorney General shall collaborate on this effort with nongovernmental organizations representing forensic nurses.
(d) Authorization of appropriations
There are authorized to be appropriated $30,000,000 for each of fiscal years 2015 through 2019 to carry out this section.
(
References in Text
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsecs. (c), (d).
2014—Subsec. (c).
2008—Subsec. (c).
1 See References in Text note below.
§14136b. DNA research and development
(a) Improving DNA technology
The Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.
(b) Demonstration projects
The Attorney General shall make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.
(c) Authorization of appropriations
There are authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (c).
§14136c. National Forensic Science Commission
(a) Appointment
The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the "Commission"), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under subsection (b).
(b) Responsibilities
The Commission shall—
(1) assess the present and future resource needs of the forensic science community;
(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;
(3) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;
(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;
(5) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;
(6) examine additional issues pertaining to forensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;
(8) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in paragraph (7) to ensure—
(A) the appropriate use and dissemination of DNA information;
(B) the accuracy, security, and confidentiality of DNA information;
(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect privacy; and
(9) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in paragraphs (1) through (8).
(c) Personnel; procedures
The Attorney General shall—
(1) designate the Chair of the Commission from among its members;
(2) designate any necessary staff to assist in carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the operations of the Commission.
(d) Authorization of appropriations
There are authorized to be appropriated $500,000 for each of fiscal years 2005 through 2009 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14136d. DNA identification of missing persons
(a) In general
The Attorney General shall make grants to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.
(b) Requirement
Each State or unit of local government that receives funding under this section shall be required to submit the DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation.
(c) Authorization of appropriations
There are authorized to be appropriated $2,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(
Codification
Section was enacted as part of the DNA Sexual Assault Justice Act of 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (c).
§14136e. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
(a) In general
The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.
(b) Authorization of appropriations
There are authorized to be appropriated $10,000,000 for each of fiscal years 2017 through 2021 to carry out this section.
(c) State defined
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.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (b).
§14136f. Establishment of best practices for evidence retention
(a) In general
The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall—
(1) establish best practices for evidence retention to focus on the preservation of forensic evidence; and
(2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1).
(b) Deadline
Not later than 1 year after December 16, 2016, the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1).
(c) Limitation
Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1).
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137. Definitions
For purposes of
(1) DNA arrestee collection process
The term "DNA arrestee collection process" means, with respect to a State, a process under which the State provides for the collection, for purposes of inclusion in the index described in
(A) Individuals who are arrested for or charged with a criminal offense under State law that consists of a homicide.
(B) Individuals who are arrested for or charged with a criminal offense under State law that has an element involving a sexual act or sexual contact with another and that is punishable by imprisonment for more than 1 year.
(C) Individuals who are arrested for or charged with a criminal offense under State law that has an element of kidnaping or abduction and that is punishable by imprisonment for more than 1 year.
(D) Individuals who are arrested for or charged with a criminal offense under State law that consists of burglary punishable by imprisonment for more than 1 year.
(E) Individuals who are arrested for or charged with a criminal offense under State law that consists of aggravated assault punishable by imprisonment for more than 1 year.
(2) State
The term "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
(
References in Text
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137a. Grants to States to implement DNA arrestee collection processes
(a) In general
The Attorney General shall, subject to amounts made available pursuant to
(b) Applications
(1) In general
To be eligible to receive a grant under this section, in addition to any other requirements specified by the Attorney General, a State shall submit to the Attorney General an application that demonstrates that it has statutory authorization for the implementation of a DNA arrestee collection process.
(2) Non-supplanting funds
An application submitted under paragraph (1) by a State shall include assurances that the amounts received under the grant under this section shall be used to supplement, not supplant, State funds that would otherwise be available for the purpose described in subsection (a).
(3) Other requirements
The Attorney General shall require a State seeking a grant under this section to document how such State will use the grant to meet expenses associated with a State's implementation or planned implementation of a DNA arrestee collection process.
(c) Grant allocation
(1) In general
The amount available to a State under this section shall be based on the projected costs that will be incurred by the State to implement a DNA arrestee collection process. Subject to paragraph (2), the Attorney General shall retain discretion to determine the amount of each such grant awarded to an eligible State.
(2) Maximum grant allocation
In the case of a State seeking a grant under this section with respect to the implementation of a DNA arrestee collection process, such State shall be eligible for a grant under this section that is equal to no more than 100 percent of the first year costs to the State of implementing such process.
(d) Grant conditions
As a condition of receiving a grant under this section, a State shall have a procedure in place to—
(1) provide written notification of expungement provisions and instructions for requesting expungement to all persons who submit a DNA profile or DNA data for inclusion in the index;
(2) provide the eligibility criteria for expungement and instructions for requesting expungement on an appropriate public Web site; and
(3) make a determination on all expungement requests not later than 90 days after receipt and provide a written response of the determination to the requesting party.
(
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137b. Expungement of profiles
The expungement requirements under
(
References in Text
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14137c. Offset of funds appropriated
Any funds appropriated to carry out
(
References in Text
Codification
Section was enacted as part of the Katie Sepich Enhanced DNA Collection Act of 2012, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Part B—Police Pattern or Practice
§14141. 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) 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.
(
1 So in original. Probably should be "subsection (a) of this section".
§14142. 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.
(
Part C—Improved Training and Technical Automation
§14151. Repealed. Pub. L. 109–162, title XI, §1154(b)(3), Jan. 5, 2006, 119 Stat. 3113
Section,
Part D—Other State and Local Aid
§14161. Repealed. Pub. L. 109–162, title XI, §1154(b)(4), Jan. 5, 2006, 119 Stat. 3113
Section,
Part E—Improving the Quality of Representation in State Capital Cases
§14163. Capital representation improvement grants
(a) In general
The Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases.
(b) Defined term
In this section, the term "legal representation" means legal counsel and investigative, expert, and other services necessary for competent representation.
(c) Use of funds
Grants awarded under subsection (a)—
(1) shall be used to establish, implement, or improve an effective system for providing competent legal representation to—
(A) indigents charged with an offense subject to capital punishment;
(B) indigents who have been sentenced to death and who seek appellate or collateral relief in State court; and
(C) indigents who have been sentenced to death and who seek review in the Supreme Court of the United States; and
(2) shall not be used to fund, directly or indirectly, representation in specific capital cases.
(d) Apportionment of funds
(1) In general
Of the funds awarded under subsection (a)—
(A) not less than 75 percent shall be used to carry out the purpose described in subsection (c)(1)(A); and
(B) not more than 25 percent shall be used to carry out the purpose described in subsection (c)(1)(B).
(2) Waiver
The Attorney General may waive the requirement under this subsection for good cause shown.
(e) Effective system
As used in subsection (c)(1), an effective system for providing competent legal representation is a system that—
(1) invests the responsibility for appointing qualified attorneys to represent indigents in capital cases—
(A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases;
(B) in an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals currently employed as prosecutors; or
(C) pursuant to a statutory procedure enacted before October 30, 2004, under which the trial judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection committee or similar entity; and
(2) requires the program described in paragraph (1)(A), the entity described in paragraph (1)(B), or an appropriate entity designated pursuant to the statutory procedure described in paragraph (1)(C), as applicable, to—
(A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases;
(B) establish and maintain a roster of qualified attorneys;
(C) except in the case of a selection committee or similar entity described in paragraph (1)(C), assign 2 attorneys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation;
(D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases;
(E)(i) monitor the performance of attorneys who are appointed and their attendance at training programs; and
(ii) remove from the roster attorneys who—
(I) fail to deliver effective representation or engage in unethical conduct;
(II) fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs; or
(III) during the past 5 years, have been sanctioned by a bar association or court for ethical misconduct relating to the attorney's conduct as defense counsel in a criminal case in Federal or State court; and
(F) ensure funding for the cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated—
(i) in the case of a State that employs a statutory procedure described in paragraph (1)(C), in accordance with the requirements of that statutory procedure; and
(ii) in all other cases, as follows:
(I) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor's office in the jurisdiction.
(II) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases.
(III) Non-attorney members of the defense team, including investigators, mitigation specialists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases.
(IV) Attorney and non-attorney members of the defense team shall be reimbursed for reasonable incidental expenses.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163a. Capital prosecution improvement grants
(a) In general
The Attorney General shall award grants to States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases.
(b) Use of funds
(1) Permitted uses
Grants awarded under subsection (a) shall be used for one or more of the following:
(A) To design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases.
(B) To develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases.
(C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case.
(D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases.
(E) To establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate.
(F) To provide support and assistance to the families of murder victims.
(2) Prohibited use
Grants awarded under subsection (a) shall not be used to fund, directly or indirectly, the prosecution of specific capital cases.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163b. Applications
(a) In general
The Attorney General shall establish a process through which a State may apply for a grant under this part.
(b) Application
(1) In general
A State desiring a grant under this part shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.
(2) Contents
Each application submitted under paragraph (1) shall contain—
(A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought;
(B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities;
(C) a long-term statewide strategy and detailed implementation plan that—
(i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and
(ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes;
(D) in the case of a State that employs a statutory procedure described in
(E) assurances that Federal funds received under this part shall be—
(i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this part; and
(ii) allocated in accordance with
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163c. State reports
(a) In general
Each State receiving funds under this part shall submit an annual report to the Attorney General that—
(1) identifies the activities carried out with such funds; and
(2) explains how each activity complies with the terms and conditions of the grant.
(b) Capital representation improvement grants
With respect to the funds provided under
(1) an accounting of all amounts expended;
(2) an explanation of the means by which the State—
(A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in
(B) requires such program, entity, or selection committee or similar entity, or other appropriate entity designated pursuant to the statutory procedure described in
(i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with
(ii) establish and maintain a roster of qualified attorneys in accordance with
(iii) assign attorneys from the roster in accordance with
(iv) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with
(v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with
(vi) ensure funding for the cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with
(I) if the State employs a public defender program under
(II) if the State employs appointed attorneys under
(III) the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and
(IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses;
(3) in the case of a State that employs a statutory procedure described in
(4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds.
(c) Capital prosecution improvement grants
With respect to the funds provided under
(1) an accounting of all amounts expended;
(2) a description of the means by which the State has—
(A) designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with
(B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with
(C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with
(D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with
(E) established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with
(F) provided support and assistance to the families of murder victims; and
(3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds.
(d) Public disclosure of annual State reports
The annual reports to the Attorney General submitted by any State under this section shall be made available to the public.
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163d. Evaluations by Inspector General and administrative remedies
(a) Evaluation by Inspector General
(1) In general
As soon as practicable after the end of the first fiscal year for which a State receives funds under a grant made under this part, the Inspector General of the Department of Justice (in this section referred to as the "Inspector General") shall—
(A) submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report evaluating the compliance by the State with the terms and conditions of the grant; and
(B) if the Inspector General concludes that the State is not in compliance with the terms and conditions of the grant, specify any deficiencies and make recommendations to the Attorney General for corrective action.
(2) Priority
In conducting evaluations under this subsection, the Inspector General shall give priority to States that the Inspector General determines, based on information submitted by the State and other comments provided by any other person, to be at the highest risk of noncompliance.
(3) Determination for statutory procedure States
For each State that employs a statutory procedure described in
(4) Comments from public
The Inspector General shall receive and consider comments from any member of the public regarding any State's compliance with the terms and conditions of a grant made under this part. To facilitate the receipt of such comments, the Inspector General shall maintain on its website a form that any member of the public may submit, either electronically or otherwise, providing comments. The Inspector General shall give appropriate consideration to all such public comments in reviewing reports submitted under
(b) Administrative review
(1) Comment
Upon the submission of a report under subsection (a)(1) or a determination under subsection (a)(3), the Attorney General shall provide the State with an opportunity to comment regarding the findings and conclusions of the report or the determination.
(2) Corrective action plan
If the Attorney General, after reviewing a report under subsection (a)(1) or a determination under subsection (a)(3), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does not agree to a plan for corrective action that has been approved by the Attorney General within 90 days after the submission of the report under subsection (a)(1) or the determination under subsection (a)(3), the Attorney General shall, within 30 days, issue guidance to the State regarding corrective action to bring the State into compliance.
(3) Report to Congress
Not later than 90 days after the earlier of the implementation of a corrective action plan or the issuance of guidance under paragraph (2), the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant.
(c) Penalties for noncompliance
If the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under
(d) Periodic reports
During the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant.
(e) Administrative costs
Not less than 2.5 percent of the funds appropriated to carry out this part for each of fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended.
(f) Special rule for "statutory procedure" States not in substantial compliance with statutory procedures
(1) In general
In the case of a State that employs a statutory procedure described in
(2) Rule of construction
The requirements of this subsection apply in addition to, and not instead of, the other requirements of this section.
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Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14163e. Authorization of appropriations
(a) Authorization for grants
There are authorized to be appropriated 1
(1) $2,500,000 for fiscal year 2017;
(2) $7,500,000 for fiscal year 2018;
(3) $12,500,000 for fiscal year 2019;
(4) $17,500,000 for fiscal year 2020; and
(5) $22,500,000 for fiscal year 2021.2
to carry out this part.
(b) Restriction on use of funds to ensure equal allocation
Each State receiving a grant under this part shall allocate the funds equally between the uses described in
(
Codification
Section was enacted as part of the Innocence Protection Act 2004 and also as part of the Justice for All Act of 2004, and not as part of the Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
Amendments
2016—Subsec. (a).
Subsec. (b).
1 So in original. Probably should be followed by a dash.
Part F—Rafael Ramos and Wenjian Liu National Blue Alert
§14165. Definitions
In this part:
(1) Coordinator
The term "Coordinator" means the Blue Alert Coordinator of the Department of Justice designated under
(2) Blue Alert
The term "Blue Alert" means information sent through the network relating to—
(A) the serious injury or death of a law enforcement officer in the line of duty;
(B) an officer who is missing in connection with the officer's official duties; or
(C) an imminent and credible threat that an individual intends to cause the serious injury or death of a law enforcement officer.
(3) Blue Alert plan
The term "Blue Alert plan" means the plan of a State, unit of local government, or Federal agency participating in the network for the dissemination of information received as a Blue Alert.
(4) Law enforcement officer
The term "law enforcement officer" shall have the same meaning as in
(5) Network
The term "network" means the Blue Alert communications network established by the Attorney General under
(6) State
The term "State" means each of the 50 States, the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(
Codification
Section was enacted as part of the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14165a. Blue Alert communications network
The Attorney General shall establish a national Blue Alert communications network within the Department of Justice to issue Blue Alerts through the initiation, facilitation, and promotion of Blue Alert plans, in coordination with States, units of local government, law enforcement agencies, and other appropriate entities.
(
Codification
Section was enacted as part of the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.
§14165b. Blue Alert Coordinator; guidelines
(a) Coordination within Department of Justice
The Attorney General shall assign an existing officer of the Department of Justice to act as the national coordinator of the Blue Alert communications network.
(b) Duties of the Coordinator
The Coordinator shall—
(1) provide assistance to States and units of local government that are using Blue Alert plans;
(2) establish voluntary guidelines for States and units of local government to use in developing Blue Alert plans that will promote compatible and integrated Blue Alert plans throughout the United States, including—
(A) a list of the resources necessary to establish a Blue Alert plan;
(B) criteria for evaluating whether a situation warrants issuing a Blue Alert;
(C) guidelines to protect the privacy, dignity, independence, and autonomy of any law enforcement officer who may be the subject of a Blue Alert and the family of the law enforcement officer;
(D) guidelines that a Blue Alert should only be issued with respect to a law enforcement officer if—
(i) the law enforcement agency involved—
(I) confirms—
(aa) the death or serious injury of the law enforcement officer; or
(bb) the attack on the law enforcement officer and that there is an indication of the death or serious injury of the officer; or
(II) concludes that the law enforcement officer is missing in connection with the officer's official duties;
(ii) there is an indication of serious injury to or death of the law enforcement officer;
(iii) the suspect involved has not been apprehended; and
(iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
(E) guidelines that a Blue Alert should only be issued with respect to a threat to cause death or serious injury to a law enforcement officer if—
(i) a law enforcement agency involved confirms that the threat is imminent and credible;
(ii) at the time of receipt of the threat, the suspect is wanted by a law enforcement agency;
(iii) the suspect involved has not been apprehended; and
(iv) there is sufficient descriptive information of the suspect involved and any relevant vehicle and tag numbers;
(F) guidelines—
(i) that information should be provided to the National Crime Information Center database operated by the Federal Bureau of Investigation under
(I) a law enforcement officer who is seriously injured or killed in the line of duty; or
(II) an imminent and credible threat to cause the serious injury or death of a law enforcement officer;
(ii) that a Blue Alert should, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local governments), be limited to the geographic areas most likely to facilitate the apprehension of the suspect involved or which the suspect could reasonably reach, which should not be limited to State lines;
(iii) for law enforcement agencies of States or units of local government to develop plans to communicate information to neighboring States to provide for seamless communication of a Blue Alert; and
(iv) providing that a Blue Alert should be suspended when the suspect involved is apprehended or when the law enforcement agency involved determines that the Blue Alert is no longer effective; and
(G) guidelines for—
(i) the issuance of Blue Alerts through the network; and
(ii) the extent of the dissemination of alerts issued through the network;
(3) develop protocols for efforts to apprehend suspects that address activities during the period beginning at the time of the initial notification of a law enforcement agency that a suspect has not been apprehended and ending at the time of apprehension of a suspect or when the law enforcement agency involved determines that the Blue Alert is no longer effective, including protocols regulating—
(A) the use of public safety communications;
(B) command center operations; and
(C) incident review, evaluation, debriefing, and public information procedures;
(4) work with States to ensure appropriate regional coordination of various elements of the network;
(5) establish an advisory group to assist States, units of local government, law enforcement agencies, and other entities involved in the network with initiating, facilitating, and promoting Blue Alert plans, which shall include—
(A) to the maximum extent practicable, representation from the various geographic regions of the United States; and
(B) members who are—
(i) representatives of a law enforcement organization representing rank-and-file officers;
(ii) representatives of other law enforcement agencies and public safety communications;
(iii) broadcasters, first responders, dispatchers, and radio station personnel; and
(iv) representatives of any other individuals or organizations that the Coordinator determines are necessary to the success of the network;
(6) act as the nationwide point of contact for—
(A) the development of the network; and
(B) regional coordination of Blue Alerts through the network; and
(7) determine—
(A) what procedures and practices are in use for notifying law enforcement and the public when—
(i) a law enforcement officer is killed or seriously injured in the line of duty;
(ii) a law enforcement officer is missing in connection with the officer's official duties; and
(iii) an imminent and credible threat to kill or seriously injure a law enforcement officer is received; and
(B) which of the procedures and practices are effective and that do not require the expenditure of additional resources to implement.
(c) Limitations
(1) Voluntary participation
The guidelines established under subsection (b)(2), protocols developed under subsection (b)(3), and other programs established under subsection (b), shall not be mandatory.
(2) Dissemination of information
The guidelines established under subsection (b)(2) shall, to the maximum extent practicable (as determined by the Coordinator in consultation with law enforcement agencies of States and units of local government), provide that appropriate information relating to a Blue Alert is disseminated to the appropriate officials of law enforcement agencies, public health agencies, and other agencies.
(3) Privacy and civil liberties protections
The guidelines established under subsection (b) shall—
(A) provide mechanisms that ensure that Blue Alerts comply with all applicable Federal, State, and local privacy laws and regulations; and
(B) include standards that specifically provide for the protection of the civil liberties, including the privacy, of law enforcement officers who are seriously injured or killed in the line of duty, is missing in connection with the officer's official duties, or who are threatened with death or serious injury, and the families of the officers.
(d) Cooperation with other agencies
The Coordinator shall cooperate with the Secretary of Homeland Security, the Secretary of Transportation, the Chairman of the Federal Communications Commission, and appropriate offices of the Department of Justice in carrying out activities under this part.
(e) Restrictions on Coordinator
The Coordinator may not—
(1) perform any official travel for the sole purpose of carrying out the duties of the Coordinator;
(2) lobby any officer of a State regarding the funding or implementation of a Blue Alert plan; or
(3) host a conference focused solely on the Blue Alert program that requires the expenditure of Federal funds.
(f) Reports
Not later than 1 year after May 19, 2015, and annually thereafter, the Coordinator shall submit to Congress a report on the activities of the Coordinator and the effectiveness and status of the Blue Alert plans that are in effect or being developed.
(
Codification
Section was enacted as part of the Rafael Ramos and Wenjian Liu National Blue Alert Act of 2015, and not as part of Violent Crime Control and Law Enforcement Act of 1994 which enacted this chapter.