The Use of DNA by the Criminal Justice System and the Federal Role: Background, Current Law, and Grants

Changes from January 29, 2021 to April 18, 2022

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

The Use of DNA by the Criminal Justice System ~~January 29, 2021~~April 18, 2022
and the Federal Role: Background, Current
Emily J. Hanson
Law, and Grants
Analyst in Social Policy Analyst in Social Policy

Deoxyribonucleic acid, or DNA, is the fundamental building block for an individual’s entire Deoxyribonucleic acid, or DNA, is the fundamental building block for an individual’s entire
genetic makeup. DNA is a powerful tool for law enforcement genetic makeup. DNA is a powerful tool for law enforcement ~~inv estigations~~investigations because each because each

person’s DNA is different from that of every other individual (except for identical twins). DNA person’s DNA is different from that of every other individual (except for identical twins). DNA
can be extracted from many sources, such as hair, bone, teeth, saliva, and blood. DNA samples can be collected at crime can be extracted from many sources, such as hair, bone, teeth, saliva, and blood. DNA samples can be collected at crime
scenes, from people who might have been present when the crime occurred, and from crime victims. The information scenes, from people who might have been present when the crime occurred, and from crime victims. The information
obtained from these samples is then compared with other DNA profiles to both eliminate and identify suspects in a criminal obtained from these samples is then compared with other DNA profiles to both eliminate and identify suspects in a criminal
investigation.investigation.
In the 1980s, states began enacting laws that required the collection of DNA samples from offenders convicted of certain In the 1980s, states began enacting laws that required the collection of DNA samples from offenders convicted of certain
sexual and other violent crimes. The samples are analyzed and their profiles are entered into state databases. In the late 1980s, sexual and other violent crimes. The samples are analyzed and their profiles are entered into state databases. In the late 1980s,
the Federal Bureau of Investigation (FBI) Laboratory convened a working group of federal, state, and local forensic scientists the Federal Bureau of Investigation (FBI) Laboratory convened a working group of federal, state, and local forensic scientists
to establish guidelines for the use of forensic DNA analysis in laboratories. The group proposed guidelines that are the basis to establish guidelines for the use of forensic DNA analysis in laboratories. The group proposed guidelines that are the basis
of current national quality assurance standards, and it urged the creation of a national DNA database. In 1994, federal law (34 of current national quality assurance standards, and it urged the creation of a national DNA database. In 1994, federal law (34
U.S.C §12592(a)) authorized the FBI to operate and maintain a national DNA database for DNA profiles collected from U.S.C §12592(a)) authorized the FBI to operate and maintain a national DNA database for DNA profiles collected from
people under applicable legal authority and samples collected at crime scenes. In 1998, the FBI launched the National DNA people under applicable legal authority and samples collected at crime scenes. In 1998, the FBI launched the National DNA
Index System (NDIS). Index System (NDIS).
Statutory provisions authorize the collection of DNA samples from certain arrestees and convicted federal offenders, District Statutory provisions authorize the collection of DNA samples from certain arrestees and convicted federal offenders, District
of Columbia offenders, and military convicted offenders. State laws dictate which convicted offenders, and in some states of Columbia offenders, and military convicted offenders. State laws dictate which convicted offenders, and in some states
arrestees, will have profiles entered into state DNA databases, while federal law dictates the scope of the national database. arrestees, will have profiles entered into state DNA databases, while federal law dictates the scope of the national database.
Increasing awareness of the power of DNA to solve crimes and the mandatory collection of DNA from arrestees and Increasing awareness of the power of DNA to solve crimes and the mandatory collection of DNA from arrestees and
convicted offenders has resulted in increased demand for DNA analysis, which has resulted in a backlog of casework. In convicted offenders has resulted in increased demand for DNA analysis, which has resulted in a backlog of casework. In
addition to solving crimes, DNA analysis can also help exonerate people accused or convicted of crimes they did not commit. addition to solving crimes, DNA analysis can also help exonerate people accused or convicted of crimes they did not commit.
Congress has authorized several grant programs to provide assistance to state and local governments for forensic sciences. Congress has authorized several grant programs to provide assistance to state and local governments for forensic sciences.
Many of the programs focus on providing state and local governments with funding to reduce the backlog of forensic and Many of the programs focus on providing state and local governments with funding to reduce the backlog of forensic and
convicted offender DNA samples waiting to be processed and entered into the national database. Other grant programs convicted offender DNA samples waiting to be processed and entered into the national database. Other grant programs
provide funding for related purposes, such as offsetting the cost of providing post-conviction DNA testing. provide funding for related purposes, such as offsetting the cost of providing post-conviction DNA testing.
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DNA Testing in Criminal Justice: Background, Current Law, and Grants

Introduction
Deoxyribonucleic acid, or DNA, is the fundamental buildingDeoxyribonucleic acid, or DNA, is the fundamental building block for an individual’s entire block for an individual’s entire
genetic makeup. DNA is a powerful tool for law enforcement investigations because each genetic makeup. DNA is a powerful tool for law enforcement investigations because each
person’s DNA is different from that of every other individual (except for identical twins). By person’s DNA is different from that of every other individual (except for identical twins). By
analyzing selected DNA sequences (analyzing selected DNA sequences (~~cal ed~~called loci), a crime laboratory can develop a profile to be loci), a crime laboratory can develop a profile to be
used in identifying a suspect. used in identifying a suspect.
DNA can be extracted from many sources, such as hair, bone, teeth, saliva, and blood. Because DNA can be extracted from many sources, such as hair, bone, teeth, saliva, and blood. Because
there is DNA in most there is DNA in most ~~cel s~~cells in the human body, even a minuscule amount of bodily fluid or tissue in the human body, even a minuscule amount of bodily fluid or tissue
can yield useful information. Obtaining a DNA sample is not complicated; it can be as simple as a can yield useful information. Obtaining a DNA sample is not complicated; it can be as simple as a
swab of the inside of the mouth to obtain cheek swab of the inside of the mouth to obtain cheek ~~cel s~~cells and white blood and white blood ~~cel s~~cells in saliva. in saliva.
State and federal DNA databases have proved instrumental in solving crimes, reducing the risk of State and federal DNA databases have proved instrumental in solving crimes, reducing the risk of
wrongful convictions, and establishing the innocence of those who were wrongly convicted. DNA wrongful convictions, and establishing the innocence of those who were wrongly convicted. DNA
evidence is used to solve crimes in two ways: evidence is used to solve crimes in two ways:
 If a suspect is known, a sample of that person’s DNA can be compared to  If a suspect is known, a sample of that person’s DNA can be compared to
biological evidence found at a crime scene. The results of this comparison may biological evidence found at a crime scene. The results of this comparison may
then help establish whether the suspect was at the crime scene or whether he or then help establish whether the suspect was at the crime scene or whether he or
she committed the crime. she committed the crime.
 If a suspect is not known, biological evidence from the crime scene can be  If a suspect is not known, biological evidence from the crime scene can be
analyzed and compared to offender profiles in existing DNA databases to assist analyzed and compared to offender profiles in existing DNA databases to assist
in identifyingin identifying a suspect. Through the use of DNA databases, biological evidence a suspect. Through the use of DNA databases, biological evidence
found at one crime scene can also be connected to other crime scenes, linking found at one crime scene can also be connected to other crime scenes, linking
them to the same perpetrator or perpetrators. them to the same perpetrator or perpetrators.
This report provides an overview of how DNA is used to investigate crimes and exonerate This report provides an overview of how DNA is used to investigate crimes and exonerate
innocent people of crimes they did not commit.1 It also reviews current law related to collecting innocent people of crimes they did not commit.1 It also reviews current law related to collecting
DNA samples, sharing DNA profiles generated from those samples, and providing access to post-DNA samples, sharing DNA profiles generated from those samples, and providing access to post-
conviction DNA testing. The report also includes a summary of grant programs authorized by conviction DNA testing. The report also includes a summary of grant programs authorized by
Congress to assist state and local governments with reducing DNA backlogs, providing post-Congress to assist state and local governments with reducing DNA backlogs, providing post-
conviction DNA testing, and promoting new technology in the field. conviction DNA testing, and promoting new technology in the field.
Background
Federal law authorizes the Federal Bureau of Investigation (FBI) to operate and maintain a Federal law authorizes the Federal Bureau of Investigation (FBI) to operate and maintain a
national database of DNA profiles collected from people under applicable legal authority and national database of DNA profiles collected from people under applicable legal authority and
samples of biological evidence collected at crime scenes. Statutory provisions authorize the samples of biological evidence collected at crime scenes. Statutory provisions authorize the
federal government to collect DNA samples and enter profiles from certain convicted federal federal government to collect DNA samples and enter profiles from certain convicted federal
offenders and arrestees, District of Columbia offenders, and military offenders. State law dictates offenders and arrestees, District of Columbia offenders, and military offenders. State law dictates
which arrestees and convicted offenders which arrestees and convicted offenders ~~wil~~ will have profiles entered into state DNA databases, but have profiles entered into state DNA databases, but
federal law dictates which profiles entered into state databases can be uploaded into the national federal law dictates which profiles entered into state databases can be uploaded into the national
DNA database. This means that there may be arrestees and convicted offenders whose DNA DNA database. This means that there may be arrestees and convicted offenders whose DNA
qualifies for inclusion in a state database but qualifies for inclusion in a state database but ~~wil~~ will not qualify for inclusion in the national not qualify for inclusion in the national
database. The intended purpose of the national DNAdatabase. The intended purpose of the national DNA database is to compare offender profiles to database is to compare offender profiles to

~~1 T his~~ 1 This report does not include a discussion report does not include a discussion of the use of DNA to identify missing persons and unidentified human of the use of DNA to identify missing persons and unidentified human
remains, nor does it include an overview of grant programs to state and local governments for developing DNA profiles remains, nor does it include an overview of grant programs to state and local governments for developing DNA profiles
from samples from missing persons, close relatives of missingfrom samples from missing persons, close relatives of missing persons, or unidentified human remains. For more on persons, or unidentified human remains. For more on
this issue,this issue, see CRSsee CRS Report RL34616, Report RL34616, Missing Adults: Background, Federal ~~Program s~~Programs, and Issues for Congress.
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crime scene samples in a central repository of DNA profiles to generate leads in criminal crime scene samples in a central repository of DNA profiles to generate leads in criminal
investigations. investigations.
Increased awareness of the power of DNA testing to solve crimes and the mandatory collection of Increased awareness of the power of DNA testing to solve crimes and the mandatory collection of
samples from arrestees and convicted offenders has led to increased demand for DNA analysis samples from arrestees and convicted offenders has led to increased demand for DNA analysis
and casework backlogs. In addition to solving crimes, DNA analysis can also help exonerate and casework backlogs. In addition to solving crimes, DNA analysis can also help exonerate
people convicted of crimes they did not commit. people convicted of crimes they did not commit.
A Brief Primer on DNA
DNA is contained within the nucleus of most DNA is contained within the nucleus of most ~~cel s~~cells in the human body.2 A in the human body.2 A ~~cel ’s~~ cell’s nucleus contains 23 pairs of nucleus contains 23 pairs of
chromosomeschromosomes (46 total) and each chromosome(46 total) and each chromosome contains long strands of DNA.3contains long strands of DNA.3 Genes are specific segments of Genes are specific segments of
these DNA strands.4 Different genes are comprisedthese DNA strands.4 Different genes are comprised of different lengths of DNA. A gene’s locus is the location of of different lengths of DNA. A gene’s locus is the location of
the particular section of DNA that makesthe particular section of DNA that makes up a given gene. Genes,up a given gene. Genes, or groups of genes, provide the code for or groups of genes, provide the code for
inherited traits such as eye color.inherited traits such as eye color. There are different variations of any given gene (e.g., genes for blue eyesThere are different variations of any given gene (e.g., genes for blue eyes or or
brown eyes), and these variants are brown eyes), and these variants are ~~cal ed al eles.~~ called alleles. The ful set of DNA for any given person is their genome. The ful set of DNA for any given person is their genome.
Genes can be broken down into coding and non-coding genes.5 Coding genes makeGenes can be broken down into coding and non-coding genes.5 Coding genes make up a littleup a little more than 1% of the more than 1% of the
human genome,human genome, and these contain DNA which codes for proteins that are and these contain DNA which codes for proteins that are ~~eventual y assembled into cel s,~~ eventually assembled into cells, tissues, tissues,
and organs.6 Non-coding genes compriseand organs.6 Non-coding genes comprise the remainderthe remainder of the human genome and handle vital functions such as of the human genome and handle vital functions such as
regulating gene activity.7 Currently, the FBI col ects 20 loci for non-coding genes; each locus contains one or two regulating gene activity.7 Currently, the FBI col ects 20 loci for non-coding genes; each locus contains one or two
~~al eles,~~ alleles, and thus an FBI DNA profile could include up to 40 and thus an FBI DNA profile could include up to 40 ~~al eles.8~~
alleles.8 The National DNA Index System (NDIS) and the Combined DNA
Index System (CODIS)
In the 1980s, states began enacting laws that required the collection of DNA samples from In the 1980s, states began enacting laws that required the collection of DNA samples from
offenders convicted of certain sexual offenses and other violent crimes. The samples were then offenders convicted of certain sexual offenses and other violent crimes. The samples were then
analyzed and their profiles entered into state databases to identify suspects in criminal analyzed and their profiles entered into state databases to identify suspects in criminal
investigations. In the late 1980s, the FBI Laboratory convened a working group of federal, state, investigations. In the late 1980s, the FBI Laboratory convened a working group of federal, state,
and local forensic scientists to establish guidelines for the use of forensic DNA analysis in and local forensic scientists to establish guidelines for the use of forensic DNA analysis in
laboratories. The working group proposed guidelines that are the basis for the current national laboratories. The working group proposed guidelines that are the basis for the current national
Quality Assurance Standards (QAS) and urged the creation of a national DNA database.9 In 1994, Quality Assurance Standards (QAS) and urged the creation of a national DNA database.9 In 1994,
Congress authorized the FBI to establish and oversee the National DNA Index System (NDIS).10 Congress authorized the FBI to establish and oversee the National DNA Index System (NDIS).10

~~2 U.S.~~ 2 U.S. Department of Health and Human Services, U.S.Department of Health and Human Services, U.S. National Library of Medicine, “What is DNA?” National Library of Medicine, “What is DNA?”
https://medlineplus.gov/genetics/understanding/basics/dna/#:~:text=https://medlineplus.gov/genetics/understanding/basics/dna/#:~:text=
DNA%20bases%20pair%20up%20with,spiral%20called%20a%20double%20helixDNA%20bases%20pair%20up%20with,spiral%20called%20a%20double%20helix . .
3 U.S.3 U.S. Department of Health and Human Services, U.S.Department of Health and Human Services, U.S. National Library of Medicine, “National Library of Medicine, “ How Many Chromosomes do
People Have?”, https://medlineplus.gov/genetics/understanding/basics/howmanychromosomes/. ?”, https://medlineplus.gov/genetics/understanding/basics/howmanychromosomes/.
4 U.S. 4 U.S. Department of Health and Human Services, U.S.Department of Health and Human Services, U.S. National Library of Medicine, “National Library of Medicine, “ What is a Gene?”, ?”,
https://medlineplus.gov/genetics/understanding/basics/gene/. https://medlineplus.gov/genetics/understanding/basics/gene/.
5 U.S.5 U.S. Department of Health and Human Services, U.S.Department of Health and Human Services, U.S. National Library of Medicine, “National Library of Medicine, “ What is Noncoding DNA?”, ”,
https://medlineplus.gov/genetics/understanding/basics/noncodingdna/https://medlineplus.gov/genetics/understanding/basics/noncodingdna/ (hereinafter, “(hereinafter, “ What is Noncoding DNA?”).What is Noncoding DNA?”).
6 What is Noncoding DNA? 6 What is Noncoding DNA?
7 What is Noncoding DNA? 7 What is Noncoding DNA?
8 Jules8 Jules Epstein, “Genetic Surveillance—Epstein, “Genetic Surveillance—~~T he~~The Bogeyman Response to Familial DNA Investigations,” Response to Familial DNA Investigations,” University of
Illinois Journal of Law, Technology and Policy, vol. 2009, no. 1, (2009), p. 143. , vol. 2009, no. 1, (2009), p. 143.
9 Statement of Dwight E. Adams, Deputy Assistant Director, Laboratory Division, Federal Bureau 9 Statement of Dwight E. Adams, Deputy Assistant Director, Laboratory Division, Federal Bureau of Investigation, in of Investigation, in
U.S.U.S. Congress, HouseCongress, House of Representatives, Government Reform Committee, Subcommittee on Government Efficiency, of Representatives, Government Reform Committee, Subcommittee on Government Efficiency,
Financial Management and Intergovernmental Relations, Financial Management and Intergovernmental Relations, How Effective are State and Federal Agencies Working
Together to ~~Im plem ent~~Implement the Use of New DNA Technologies?, hearing, 107th Cong., 1st sess., March 29, 2004, pp. 53-54. ?, hearing, 107th Cong., 1st sess., March 29, 2004, pp. 53-54.
10 Index to Facilitate Law Enforcement Exchange of DNA Identification Information, P.L. 103-322, 10 Index to Facilitate Law Enforcement Exchange of DNA Identification Information, P.L. 103-322, ~~T itle~~Title XXI (C). XXI (C).
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When the NDIS launched in 1998, nine states participated.11 Currently, laboratories in When the NDIS launched in 1998, nine states participated.11 Currently, laboratories in al all 50 50
states, the District of Columbia, the DC/FBI, Puerto Rico, and the U.S. Army Criminal states, the District of Columbia, the DC/FBI, Puerto Rico, and the U.S. Army Criminal
Investigation Laboratory participate in the NDIS.12Investigation Laboratory participate in the NDIS.12
DNA profiles generated by laboratories operated by local law enforcement agencies are stored in DNA profiles generated by laboratories operated by local law enforcement agencies are stored in
Local DNA Index Systems (LDISs). DNA profiles generated by state laboratories, along with Local DNA Index Systems (LDISs). DNA profiles generated by state laboratories, along with
authorized profiles stored in participating LDISs, are uploaded into State DNA Index Systems authorized profiles stored in participating LDISs, are uploaded into State DNA Index Systems
(SDISs). Each state has its own laws specifying which profiles can be included in their SDIS.13 (SDISs). Each state has its own laws specifying which profiles can be included in their SDIS.13
DNA profiles generated by federal laboratories, along with authorized DNA profiles in DNA profiles generated by federal laboratories, along with authorized DNA profiles in
participating SDISs, are uploaded into the NDIS.14 Federal law dictates which DNA profiles can participating SDISs, are uploaded into the NDIS.14 Federal law dictates which DNA profiles can
be stored in the NDIS (see below). The NDIS be stored in the NDIS (see below). The NDIS ~~al ows~~allows participating laboratories to compare DNA participating laboratories to compare DNA
on the national level while the SDISs on the national level while the SDISs ~~al ow~~allow each state to compare DNA profiles stored at the state each state to compare DNA profiles stored at the state
level. Laboratories upload qualifying DNA profiles into an LDIS, an SDIS, or the NDIS and then level. Laboratories upload qualifying DNA profiles into an LDIS, an SDIS, or the NDIS and then
compare DNA profiles using the Combined DNA Index System (CODIS) software produced and compare DNA profiles using the Combined DNA Index System (CODIS) software produced and
distributed by the FBI.15distributed by the FBI.15
CODIS can conduct searches to generate investigative leads in the NDIS across three indexes: CODIS can conduct searches to generate investigative leads in the NDIS across three indexes:
convicted offenders, arrestee, and forensic. The convicted offender index contains DNA profiles convicted offenders, arrestee, and forensic. The convicted offender index contains DNA profiles
developed from samples collected from convicted offenders; the arrestee index contains DNA developed from samples collected from convicted offenders; the arrestee index contains DNA
profiles developed from samples collected as a result of an arrest; and the forensic index contains profiles developed from samples collected as a result of an arrest; and the forensic index contains
DNA profiles developed from samples of biological evidence (e.g., blood, semen, or saliva) DNA profiles developed from samples of biological evidence (e.g., blood, semen, or saliva)
collected at crime scenes or from crime victims.16 As of October collected at crime scenes or from crime victims.16 As of October ~~2020~~2021, more than 200 labs , more than 200 labs
participated in the NDIS nationwide and the database included participated in the NDIS nationwide and the database included ~~more than 14 mil ion~~ nearly 15 million offender offender
profiles, more than 4 profiles, more than 4 ~~mil ion~~ million arrestee profiles, and more than 1 arrestee profiles, and more than 1 ~~mil ion~~ million forensic profiles.17 CODIS forensic profiles.17 CODIS
searches across these indexes for potential matches (also referred to as “hits”).18 Matches can searches across these indexes for potential matches (also referred to as “hits”).18 Matches can
occur between either the convicted offender or arrestee indexes and the forensic index, thereby occur between either the convicted offender or arrestee indexes and the forensic index, thereby
providing law enforcement with the identity of one or more suspects.19 Also, matches can occur providing law enforcement with the identity of one or more suspects.19 Also, matches can occur
between DNA profiles in the forensic index, thereby linking crime scenes to each other and between DNA profiles in the forensic index, thereby linking crime scenes to each other and
identifying serial offenders.20 Matches between multiple samples in the forensic index can identifying serial offenders.20 Matches between multiple samples in the forensic index can ~~al ow~~

allow 11 John M. Butler, 11 John M. Butler, Fundamentals of Forensic DNA Typing (Burlington, MA: Academic (Burlington, MA: Academic Press, 2010), p. 265 Press, 2010), p. 265
(hereinafter, “(hereinafter, “ Fundamentals of Forensic DNA Fundamentals of Forensic DNA ~~T yping~~Typing”). ”).
12 Information on the number of participant laboratories and the number of profiles they have uploaded12 Information on the number of participant laboratories and the number of profiles they have uploaded into the NDIS into the NDIS
can becan be found on the FBI’s websitefound on the FBI’s website at https://www.fbi.gov/services/laboratory/biometric-analysis/codis/ndis-statistics. at https://www.fbi.gov/services/laboratory/biometric-analysis/codis/ndis-statistics.
13 13 ~~T he~~The National Conference of State Legislatures (NCSL) National Conference of State Legislatures (NCSL) maintains a searchable databasemaintains a searchable database of state DNA laws,of state DNA laws, including including
lawslaws related to which convicted offenders are requiredrelated to which convicted offenders are required to submit a sample for inclusion in the state’s DNA database and to submit a sample for inclusion in the state’s DNA database and
whether, and if so, from whom, collects DNA samples from individualswhether, and if so, from whom, collects DNA samples from individuals arrested for certain crimes. arrested for certain crimes. ~~T he~~The NCSL’s NCSL’s
databasedatabase is available online at http://www.ncsl.org/research/civil-and-criminal-justice/dna-laws-database.aspx.is available online at http://www.ncsl.org/research/civil-and-criminal-justice/dna-laws-database.aspx.
14 U.S. 14 U.S. Department of Justice, Federal BureauDepartment of Justice, Federal Bureau of Investigation, of Investigation, CODIS—NDIS Statistics, https://www.fbi.gov/services/, https://www.fbi.gov/services/
laboratory/biometric-analysis/codis/ndis-statistics, (hereinafter, “CODIS-NDIS Statisticslaboratory/biometric-analysis/codis/ndis-statistics, (hereinafter, “CODIS-NDIS Statistics”). ).
15 U.S.15 U.S. Department of Justice, Federal BureauDepartment of Justice, Federal Bureau of Investigation, of Investigation, Frequently Asked Questions on CODIs and NDIS, ,
https://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-facthttps://www.fbi.gov/services/laboratory/biometric-analysis/codis/codis-and-ndis-fact -sheet-sheet , (hereinafter, “, (hereinafter, “ CODIS CODIS
FAQs”). FAQs”).
16 National Institute of Justice, 16 National Institute of Justice, DNA Evidence Basics: Types of Samples Suitable for DNA ~~Testing~~ Testing, https://nij.ojp.gov/, https://nij.ojp.gov/
topics/articles/dna-evidence-basics-types-samples-suitable-dna-testing#:~:text=topics/articles/dna-evidence-basics-types-samples-suitable-dna-testing#:~:text=
Questioned%20or%20unknown%20samples%20collected,vaginal%2Fcervical%Questioned%20or%20unknown%20samples%20collected,vaginal%2Fcervical%~~20sample s~~20samples%20collected%20on. %20collected%20on.
17 CODIS-NDIS 17 CODIS-NDIS Statistics Statistics
18 CODIS18 CODIS FAQs. FAQs.
19 CODIS19 CODIS FAQs.FAQs. If an offender hit is obtained, that information typically is used asIf an offender hit is obtained, that information typically is used as probable causeprobable cause to obtain a new to obtain a new
DNA sample from that suspect so the match can be confirmed by the crime laboratoryDNA sample from that suspect so the match can be confirmed by the crime laboratory before an arrest is made. before an arrest is made.
20 CODIS 20 CODIS FAQs. FAQs.
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law enforcement agencies in different jurisdictions to coordinate their efforts and share leads. No law enforcement agencies in different jurisdictions to coordinate their efforts and share leads. No
names or other personal identifiers for offender and arrestee DNA profiles are stored in the NDIS, names or other personal identifiers for offender and arrestee DNA profiles are stored in the NDIS,
so when a match is made in CODIS, the laboratories that submitted the DNA profiles to the NDIS so when a match is made in CODIS, the laboratories that submitted the DNA profiles to the NDIS
are notified of the match and they contact each other to verify the match and coordinate their are notified of the match and they contact each other to verify the match and coordinate their
efforts.21efforts.21
DNA Profiles
DNA profiles entered into CODIS are based on 20 core short tandem repeat (STR) loci selected DNA profiles entered into CODIS are based on 20 core short tandem repeat (STR) loci selected
by the FBI’s CODIS Core Loci Working Group.22 In 2017, the number of required loci was by the FBI’s CODIS Core Loci Working Group.22 In 2017, the number of required loci was
increased from 13 to 20 to enhance discriminatory power, facilitate international cooperation via increased from 13 to 20 to enhance discriminatory power, facilitate international cooperation via
the collection of more common loci, and aid in missing person investigations.23 The 20 STR loci the collection of more common loci, and aid in missing person investigations.23 The 20 STR loci
used by the FBI are non-coding, meaning that they are not associated with human attributes such used by the FBI are non-coding, meaning that they are not associated with human attributes such
as height, eye or skin color, or susceptibility to a particular disease.24 Each locus has one or two as height, eye or skin color, or susceptibility to a particular disease.24 Each locus has one or two
~~al eles~~alleles, and it is these 20 pairs of , and it is these 20 pairs of ~~al eles~~alleles that are compared to match samples in the forensic index that are compared to match samples in the forensic index
with profiles in either the offender or arrestee indexes. The 20 core loci chosen by the FBI with profiles in either the offender or arrestee indexes. The 20 core loci chosen by the FBI
provide a high level of discriminatory power. Two random Americans provide a high level of discriminatory power. Two random Americans ~~wil~~ will, on average, share two , on average, share two
or three or three ~~al eles~~alleles.25 The probability that two unrelated individuals .25 The probability that two unrelated individuals ~~wil~~ will share the original 13 pairs of share the original 13 pairs of
~~al eles~~ alleles is estimated to be one in several hundred is estimated to be one in several hundred ~~bil ion~~billion.26 The new standard of 20 loci is expected .26 The new standard of 20 loci is expected
to improve discriminatory power by eight orders of magnitude.27to improve discriminatory power by eight orders of magnitude.27
It is important to ensure the quality of the DNA profiles entered into the NDIS. The FBI helps It is important to ensure the quality of the DNA profiles entered into the NDIS. The FBI helps
ensure the quality of DNA profiles included in the NDIS by signing memorandums of ensure the quality of DNA profiles included in the NDIS by signing memorandums of
understanding with state laboratories whereby the laboratory agrees to adhere to the FBI’s QAS understanding with state laboratories whereby the laboratory agrees to adhere to the FBI’s QAS
(see (see “Quality Assurance and Proficiency Testing Standards”)”).28 Laboratories submitting DNA .28 Laboratories submitting DNA
profiles to the NDIS must be accredited and audited profiles to the NDIS must be accredited and audited ~~annual y~~annually.29 Annual audits can be conducted .29 Annual audits can be conducted
by either an internal or external auditor, but laboratories must be audited by an external agency at by either an internal or external auditor, but laboratories must be audited by an external agency at
least once every two years.30 Laboratories that do not pass the annual audit can be prevented from least once every two years.30 Laboratories that do not pass the annual audit can be prevented from
entering DNA profiles in CODIS.31 Currently, the following groups are approved to conduct entering DNA profiles in CODIS.31 Currently, the following groups are approved to conduct
audits: the American Association for Laboratory Accreditation (A2LA) and the audits: the American Association for Laboratory Accreditation (A2LA) and the ~~ANSI-ASQ~~

~~21 CODIS FAQs.~~ American 21 CODIS FAQs. Beyond the DNA profile, the NDISBeyond the DNA profile, the NDIS does includedoes include an agency identifier, specimen identification an agency identifier, specimen identification
number, and the DNA laboratory personnel associated with a DNA profile analysis.number, and the DNA laboratory personnel associated with a DNA profile analysis.
22 U.S. 22 U.S. Department of Justice, Federal BureauDepartment of Justice, Federal Bureau of Investigation, of Investigation, Combined DNA Index System , https://www.fbi.gov/, https://www.fbi.gov/
services/laboratory/biometric-analysis/codis, (hereinafter “services/laboratory/biometric-analysis/codis, (hereinafter “ Combined DNA Index System”). Combined DNA Index System”).
23 Combined DNA 23 Combined DNA Index System. Index System.
24 Jules24 Jules Epstein, “Genetic Surveillance—Epstein, “Genetic Surveillance—~~T he~~The Bogeyman Response to Familial DNA Investigations,” Response to Familial DNA Investigations,” University of
Illinois Journal of Law, Technology and Policy, vol. 2009, no. 1, (2009), p. 143. , vol. 2009, no. 1, (2009), p. 143.
25 Henry T 25 Henry T . Greely et al., “Family . Greely et al., “Family ~~T ies: T he~~Ties: The Use of DNA Offender Databases to Catch Offenders’ Kin,” Use of DNA Offender Databases to Catch Offenders’ Kin,” Journal of
Law, Medicine and Ethics, vol. 34, no. 2 (Summer, vol. 34, no. 2 (Summer 2006), p. 250 (hereinafter, “2006), p. 250 (hereinafter, “ Greely et al., ‘Family Greely et al., ‘Family ~~T ies’”).~~
Ties’”). 26 Greely et al., ‘Family 26 Greely et al., ‘Family ~~T ies~~Ties’. ’.
27 Becky Hill27 Becky Hill and Margaret Kline, “and Margaret Kline, “~~T he~~The Impact and Benefit of Expanding the U.S. Core Autosomal Impact and Benefit of Expanding the U.S. Core Autosomal ~~ST R~~STR Markers,” Markers,”
presentation at the American Academy of Forensic Sciences,presentation at the American Academy of Forensic Sciences, Washington, DC, FebruaryWashington, DC, February 2013, https://strbase.nist.gov/2013, https://strbase.nist.gov/
pub_pres/AAFS2013-Hill-expanding-core.pdf. pub_pres/AAFS2013-Hill-expanding-core.pdf.
28 CODIS 28 CODIS FAQs. FAQs.
29 U.S.29 U.S. Department of Justice, Federal BureauDepartment of Justice, Federal Bureau of Investigationof Investigation, Quality Assurance Standards for DNA Databasing
Laboratories, Standards, Standards 15 and 17, https://www.fbi.gov/file-repository/quality-assurance-standards-for-forensic-dna-15 and 17, https://www.fbi.gov/file-repository/quality-assurance-standards-for-forensic-dna-
testing-laboratories.pdf/view/ (hereinafter, “testing-laboratories.pdf/view/ (hereinafter, “ QAS”).QAS”).
30 QAS, 30 QAS, ~~Standard~~ Standard 15. 15.
31 Fundamentals of Forensic DNA31 Fundamentals of Forensic DNA ~~T yping~~ Typing, p. 271. , p. 271.
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~~National~~ National Standards Institute-American Society for Quality (ANSI-ASQ) National Accreditation Board (ANAB).32 In addition, DNA analysts must undergo semiannual Accreditation Board (ANAB).32 In addition, DNA analysts must undergo semiannual
proficiency testing.33 DNA analysts who do not pass their semiannual proficiency tests are not to proficiency testing.33 DNA analysts who do not pass their semiannual proficiency tests are not to
~~be al owed~~be allowed to enter profiles into CODIS.34 Laboratories are also required to conduct two reviews to enter profiles into CODIS.34 Laboratories are also required to conduct two reviews
~~of al~~ of all DNA profiles before they are entered into CODIS.35 DNA profiles before they are entered into CODIS.35
Currently, as prescribed by federal law (see Currently, as prescribed by federal law (see “Quality Assurance and Proficiency Testing
Standards”)), only public laboratories that meet the QAS can submit DNA profiles to the NDIS. , only public laboratories that meet the QAS can submit DNA profiles to the NDIS.
However, public laboratories are However, public laboratories are ~~al owed~~allowed to outsource casework to private laboratories and, to outsource casework to private laboratories and,
provided certain standards are met, upload those analyses (i.e., profiles) to the NDIS. provided certain standards are met, upload those analyses (i.e., profiles) to the NDIS. Al All private private
laboratories that conduct DNA testing for public laboratories must also be accredited, be audited laboratories that conduct DNA testing for public laboratories must also be accredited, be audited
~~annual y~~annually, and adhere to the requirements of the QAS.36 Public laboratories are required to conduct , and adhere to the requirements of the QAS.36 Public laboratories are required to conduct
an initialan initial site visit to each private laboratory they contract with to conduct DNA analyses.37 If the site visit to each private laboratory they contract with to conduct DNA analyses.37 If the
public laboratory signs a contract with a private laboratory that is longer than one year, the public public laboratory signs a contract with a private laboratory that is longer than one year, the public
laboratory must conduct an annual site visit.38 Public laboratories are also required to review laboratory must conduct an annual site visit.38 Public laboratories are also required to review al
all outsourced DNA profiles generated by private laboratories.39 The review by the public laboratory outsourced DNA profiles generated by private laboratories.39 The review by the public laboratory
is in addition to the two reviews private laboratories are required to conduct per the QAS. is in addition to the two reviews private laboratories are required to conduct per the QAS.
An offender profile in a DNA database consists of up to 40 numbers representing the data for the An offender profile in a DNA database consists of up to 40 numbers representing the data for the
~~two al eles~~ two alleles at the 20 STR loci, an agency identification number, a sample identification number, at the 20 STR loci, an agency identification number, a sample identification number,
and an identifier for the analyst that entered the information.40 Most jurisdictions retain the DNA and an identifier for the analyst that entered the information.40 Most jurisdictions retain the DNA
sample used to generate the profile placed in CODIS.41 DNA samples are sample used to generate the profile placed in CODIS.41 DNA samples are ~~usual y~~usually retained for retained for
quality assurance purposes, such as confirming a hit made using the NDIS, and it quality assurance purposes, such as confirming a hit made using the NDIS, and it ~~al ows~~
allows jurisdictions to retest the sample if new technology is developed in the future.42jurisdictions to retest the sample if new technology is developed in the future.42
Privacy advocates are concerned that stored DNA samples include a wealth of genetic Privacy advocates are concerned that stored DNA samples include a wealth of genetic
information that could be misused.43 States and the federal government have sought to prevent the information that could be misused.43 States and the federal government have sought to prevent the
unauthorized use of DNA samples. Some states have criminal penalties in place for individuals unauthorized use of DNA samples. Some states have criminal penalties in place for individuals
who misuse DNA samples collected for law enforcement purposes.44 Under current federal law, who misuse DNA samples collected for law enforcement purposes.44 Under current federal law,
anyone who improperly discloses genetic information or misuses a DNA sample collected under anyone who improperly discloses genetic information or misuses a DNA sample collected under
~~federal authority is subject to a fine of up to $250,000, or imprisonment for up to one year.45~~

~~32 CODIS FAQs. Note that t he~~ 32 CODIS FAQs. Note that the American Society of Crime Laboratory Directors/Laboratory Accreditation Board American Society of Crime Laboratory Directors/Laboratory Accreditation Board
(ASCLD/LAB)(ASCLD/LAB) and Forensic Quality Servicesand Forensic Quality Services (FQS),(FQS), although approved as distinct accrediting agencies,although approved as distinct accrediting agencies, are noware now both both
under ANAB. under ANAB.
33 QAS, 33 QAS, ~~Standard~~ Standard 13. 13.
34 Fundamentals of Forensic DNA34 Fundamentals of Forensic DNA ~~T yping~~ Typing, p. 271. , p. 271.
35 U.S.35 U.S. Congress, HouseCongress, House Committee on the Judiciary, Subcommittee on Crime, Committee on the Judiciary, Subcommittee on Crime, ~~T errorism~~Terrorism, and Homeland Security, , and Homeland Security,
~~Testim ony~~Testimony of Jeffery S. Boschwitz, Ph.D., Hearing on “, Hearing on “ Rape Kit Backlogs: FailingRape Kit Backlogs: Failing ~~the T est~~ the Test of Providing Justice to of Providing Justice to
SexualSexual ~~Assault~~ Assault Survivors”, 111th Cong., 2nd sess., May 20, 2010, H.Hrg 111-115 (Washington: GPO, 2010), p. 81. Survivors”, 111th Cong., 2nd sess., May 20, 2010, H.Hrg 111-115 (Washington: GPO, 2010), p. 81.
36 QAS,36 QAS, ~~Standard~~ Standard 17. 17.
37 QAS,37 QAS, ~~Standard~~ Standard 17. 17.
38 QAS,38 QAS, ~~Standard~~ Standard 17. 17.
39 QAS,39 QAS, ~~Standard~~ Standard 17. 17.
40 Fundamentals of Forensic DNA40 Fundamentals of Forensic DNA ~~T yping~~ Typing, p. 270. , p. 270.
41 Fundamentals of Forensic DNA41 Fundamentals of Forensic DNA ~~T yping~~ Typing, p. 262. , p. 262.
4242 Fundamentals of Forensic DNAFundamentals of Forensic DNA ~~T yping~~ Typing, p. 262. , p. 262.
43 43 ~~T ania~~Tania Simoncelli, “Dangerous Excursions: Simoncelli, “Dangerous Excursions: ~~T he~~The Case Against Expanding Forensic DNA Databases Case Against Expanding Forensic DNA Databases to to Innocent Innocent
Persons,” Persons,” Journal of Law, Medicine, and Ethics, vol. 34, no. 2 (Summer, vol. 34, no. 2 (Summer 2006), p. 392 (hereinafter, “Dangerous 2006), p. 392 (hereinafter, “Dangerous
Excursions”). Excursions”).
44 Dangerous Excursions, p. 392. 44 Dangerous Excursions, p. 392.
~~45 34 U.S.C. §40706(c).~~
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federal authority is subject to a fine of up to $250,000, or imprisonment for up to one year.45 There are also policies that mandate DNA expungement (i.e., the destruction of DNA samples and There are also policies that mandate DNA expungement (i.e., the destruction of DNA samples and
removal of profiles from DNA databases) in certain cases (seeremoval of profiles from DNA databases) in certain cases (see “Inclusion and Expungement of
DNA Profiles in the NDIS”)). .
The number of offender profiles included in the NDIS has increased as Congress has The number of offender profiles included in the NDIS has increased as Congress has ~~al owed~~allowed
states to include DNA profiles from a broader range of convicted offenders and persons arrested states to include DNA profiles from a broader range of convicted offenders and persons arrested
for certain crimes in the NDIS. States have also amended their DNA collection laws to reflect this for certain crimes in the NDIS. States have also amended their DNA collection laws to reflect this
expanded authority. Approximately expanded authority. Approximately ~~17.9 mil ion~~18.9 million convicted offender and arrestee profiles have convicted offender and arrestee profiles have
been added to the NDIS since 2000.46 In addition, 1,been added to the NDIS since 2000.46 In addition, 1,~~018,948~~122,630 forensic profiles have been included forensic profiles have been included
in NDIS since 2000. in NDIS since 2000. ~~Since the creation of the NDIS~~As of October 2021, hits generated by , hits generated by ~~searches of it~~CODIS searches have aided in the more than 574,343 investigations.47 ~~have aided in~~
~~the investigation of more than 512,917 crimes.47~~
Rapid DNA Analysis
Rapid DNA machines are portable instruments that Rapid DNA machines are portable instruments that ~~al ow~~allow law enforcement officials to collect and law enforcement officials to collect and
analyze DNA samples in approximately 90 minutes with minimal training, and outside of a analyze DNA samples in approximately 90 minutes with minimal training, and outside of a
laboratory when necessary. laboratory when necessary. ~~Rapid DNA machines use samples collected from buccal (i.e., cheek)~~
~~swabs to develop DNA profiles.~~ The Rapid DNA Act of 2017 (Rapid DNA Act, P.L. 115-50) The Rapid DNA Act of 2017 (Rapid DNA Act, P.L. 115-50)
authorized the FBI to “issue standards and procedures for the use of Rapid DNA instruments and authorized the FBI to “issue standards and procedures for the use of Rapid DNA instruments and
resulting DNA analyses.”resulting DNA analyses.” ~~Rapid~~ Rapid DNA analysis is only recommended for generating DNA profiles of analysis is only recommended for generating DNA profiles of
~~known persons~~known persons collected from buccal (i.e., cheek) swabs, either to upload to CODIS to search for matches to crime scene or victim , either to upload to CODIS to search for matches to crime scene or victim
evidence (evidence (hits) or to use in support of law enforcement investigations of relationships between ) or to use in support of law enforcement investigations of relationships between
known persons. known persons. ~~At present, there at two Rapid DNA Systems that are approved for accredited~~
~~laboratory use on reference samples in an accredited laboratory.48~~ According to the FBI, 85-90% percent of the time Rapid DNA machines produce full CODIS eligible DNA profiles from buccal swabs.48 As of April 2022, two Rapid DNA Systems are “approved for NDIS use by an accredited forensic DNA laboratory for eligible reference mouth swabs”.49 These two systems are the ANDE 6C Series G and Applied Biosystems™ RapidHIT™ ID.50 In 2019, the FBI began pilot ~~In 2019, the FBI began pilot~~
programs with select law enforcement agencies to programs with select law enforcement agencies to ~~al ow~~allow DNA profiles collected from arrestees DNA profiles collected from arrestees
during the booking process and analyzed with Rapid DNA machines to be uploaded and during the booking process and analyzed with Rapid DNA machines to be uploaded and ~~searched~~
onused in searches of the NDIS and CODIS. As of April 2022, the FBI has approved two Rapid DNA booking station devices for use in NDIS: the ANDE 6C Series G and RapidHIT ID DNA Booking System v1.0 and v1.1.51 45 34 U.S.C. §40706(c). 46 The ~~the NDIS and CODIS. However, according to the FBI, there are not presently any Rapid DNA~~
~~Booking Systems approved for law enforcement to enter into the NDIS.49~~
~~Rapid DNA instruments are not authorized for use in processing crime scene DNA evidence.50~~
~~There are several reasons why it is not advisable to use Rapid DNA machines for crime scene~~
~~evidence, primary among them that such instruments destroy, or consume, the evidence they~~
~~analyze. As a result, a crime scene sample analyzed by a Rapid DNA instrument cannot be~~
~~retested. Crime scene evidence also is often much more complex than DNA samples obtained via~~
~~buccal swabs.51 Crime scene samples can be damaged or degraded and may contain mixed~~

~~46 T he~~ FBI reports data on the number of offender, arrestee, and forensic profiles in the NDIS FBI reports data on the number of offender, arrestee, and forensic profiles in the NDIS in 2000 at in 2000 at
https://www.fbi.gov/file-repository/combined-dna-index-system-codis-brochure.pdf/view. https://www.fbi.gov/file-repository/combined-dna-index-system-codis-brochure.pdf/view. ~~T he~~The most recent data on the most recent data on the
number of offender, arrestee, and forensics profiles in the NDISnumber of offender, arrestee, and forensics profiles in the NDIS can be found at https://www.fbi.gov/services/can be found at https://www.fbi.gov/services/
laboratory/biometric-analysis/codis/ndis-statistics. laboratory/biometric-analysis/codis/ndis-statistics. ~~T he~~The figures on the number of profiles added figures on the number of profiles added since 2000 are basedsince 2000 are based on on
the reported number of offender, arrestee, and forensic profiles in the NDISthe reported number of offender, arrestee, and forensic profiles in the NDIS as of as of ~~July 2020.~~
October 2021. 47 CODIS-NDIS47 CODIS-NDIS ~~Statistics.~~
~~48 Email correspondence with Federal Bureau of Investigation, Office of Congressional Affairs, November 18, 2020.~~
~~49 U.S.~~ Statistics. 48 U.S. Department of Justice, Federal BureauDepartment of Justice, Federal Bureau of Investigation, “Guide to All Things Rapid DNA,” January 2022, https://www.fbi.gov/file-repository/rapid-dna-guide-january-2022.pdf/view (hereinafter, “Guide to All Things Rapid DNA”). In the cases when a CODIS-eligible DNA profile is not generated, the FBI guide states that “a second sample must be attempted or submitted to the laboratory for analysis,” p. 12. 49 U.S. Department of Justice, Federal Bureau of Investigation, “Rapid DNA,” https://www.fbi.gov/services/laboratory/biometric-analysis/codis/rapid-dna (hereinafter, “FBI Rapid DNA”). 50 FBI Rapid DNA. 51 FBI Rapid DNA~~of Investigation, Rapid DNA General Information, https://www.fbi.gov/~~
~~services/laboratory/biometric-analysis/codis/rapid-dna#:~:text=~~
~~General%20Information,cheek)%20swab%20without%20human%20intervention.&text=The%20use%20of%20the%2~~
~~0term,cheek)%20swab%E2%80%9D%20is%20intentional (hereinafter, “ Rapid DNA General Information”).~~
~~50 National District Attorneys Association, NDAA position statement on rapid DNA, January 30, 2018,~~
~~https://dps.alaska.gov/getmedia/fb933229-8e52-4cf8-8fe0-cb72d5e039e3/NDAA-Statement-on-Use-of-Rapid-DNA-~~
~~T echnology-2018.pdf;.aspx.~~
~~51 Rapid DNA General Information~~. .
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~~genetic material that cannot be distinguished by Rapid DNA machines. The use of Rapid DNA~~
~~analysis on these more complex crime scene samples may thus lead to inconclusive or incorrect~~
~~DNA analysis that a forensic lab may not be able to rectify because the sample is destroyed. Thus,~~
~~the FBI has stated that crime scene samples must be “processed by an accredited forensic DNA~~
~~laboratory that follows the FBI Quality Assurance Standards for Forensic DNA Testing~~
~~Laboratories to be eligible for upload and/or search in CODIS.”52~~ The FBI has not authorized Rapid DNA instruments for use in processing crime scene DNA evidence for uploading to or searching in CODIS or NDIS.52 One of the primary reasons for this is that Rapid DNA machines destroy, or consume, the evidence they analyze.53 As a result, a crime scene sample analyzed by a Rapid DNA instrument cannot be retested. Crime scene samples are also often much more complex than DNA samples obtained via buccal swabs.54 Crime scene samples can be damaged or degraded and may contain mixed genetic material that cannot be distinguished by Rapid DNA machines. The use of Rapid DNA analysis on these more complex crime scene samples may thus lead to inconclusive or incorrect DNA analysis that a forensic lab may not be able to rectify because the sample is destroyed. However, reporting indicates However, reporting indicates
that some state and local law enforcement agencies have used Rapid DNA instruments to analyze that some state and local law enforcement agencies have used Rapid DNA instruments to analyze
crime scene samples and to compare profiles in SDIS and LDIS systems.crime scene samples and to compare profiles in SDIS and LDIS systems.~~53 As stated above,~~ 55 Although the the
~~FBI has certified specific Rapid DNA systems used only on reference samples in certified labs for~~
~~searches in the NDIS. The ability to enter DNA profiles generated via Rapid DNA instruments~~
~~and collected from any source, including crime scene samples, into SDISs and LDISs is~~
~~determined by state and local law.~~
FBI limits the use of Rapid DNA-generated profiles in CODIS and NDIS, state and local law governs how these machines may be used in SDISs and LDISs databases. DNA Backlog
One consequence of the expansion of the collection and use of DNA in criminal investigations One consequence of the expansion of the collection and use of DNA in criminal investigations
has been an increased burden on crime laboratories that can lead to a backlog of untested DNA has been an increased burden on crime laboratories that can lead to a backlog of untested DNA
samples. Delays in processing DNA evidence can impede efforts to apprehend and prosecute samples. Delays in processing DNA evidence can impede efforts to apprehend and prosecute
~~al eged~~alleged offenders and exonerate wrongfully convicted individuals. Persistent backlogs can also offenders and exonerate wrongfully convicted individuals. Persistent backlogs can also
result in crime laboratories prioritizing DNA analysis for violent offenses, such as homicide or result in crime laboratories prioritizing DNA analysis for violent offenses, such as homicide or
sexual assault, over other offenses, such as property crimes, or in law enforcement agencies sexual assault, over other offenses, such as property crimes, or in law enforcement agencies
establishing policies stating that biologicalestablishing policies stating that biological evidence is not to be collected for minor offenses.evidence is not to be collected for minor offenses.54
56 Backlogs are best considered in the context of each crime laboratory’s capacity, size, and Backlogs are best considered in the context of each crime laboratory’s capacity, size, and
workload.workload.5557 For example, if there are two laboratories and the first laboratory has a backlog of For example, if there are two laboratories and the first laboratory has a backlog of
casework that is three times the size of the casework backlog in the second laboratory, the casework that is three times the size of the casework backlog in the second laboratory, the
backlog for the first laboratory might not be as daunting if the first laboratory’s turnaround time is backlog for the first laboratory might not be as daunting if the first laboratory’s turnaround time is
twice as fast as the second laboratory and the analysts in the first laboratory are more productive twice as fast as the second laboratory and the analysts in the first laboratory are more productive
(i.e., each analyst analyzes more cases per month). (i.e., each analyst analyzes more cases per month).
Forensic Casework
Although there is no complete nationwide account of unsubmitted DNA evidence currently in the Although there is no complete nationwide account of unsubmitted DNA evidence currently in the
possession of law enforcement, there are several resources that shed light on the backlog.possession of law enforcement, there are several resources that shed light on the backlog.~~56 A~~
~~report on federal grants that address the DNA backlog determined that in states and units of local~~
~~government that were awarded DNA Capacity Enhancement and Backlog Reduction (CEBR)~~
~~grants between 2011 and 2017, the total requests for DNA analysis increased from about 250,000~~

~~52 Rapid DNA General Information.~~
5358 A 52 Guide to All Things Rapid DNA. 53 U.S. Department of Justice, Federal Bureau of Investigations, Scientific Working Group on DNA Analysis Methods (SWGDAM), “SWGDAM Position Statement on Rapid DNA Analysis,” https://www.swgdam.org/_files/ugd/4344b0_f84df0465a2243218757fac1a1ccffea.pdf. 54 Guide to All Things Rapid DNA. 55 Heather Murphy, “Coming Soon to a Police Station Near You: Heather Murphy, “Coming Soon to a Police Station Near You: ~~T he~~The DNA ‘Magic Box’”, DNA ‘Magic Box’”, New York Times, January , January
21, 2019, https://www.nytimes.com/2019/01/21/science/dna-crime-gene-technology.html; Maura Dolan, “21, 2019, https://www.nytimes.com/2019/01/21/science/dna-crime-gene-technology.html; Maura Dolan, “ ‘Rapid ‘Rapid
DNA’ promises breakthroughs in solving crimes. So whyDNA’ promises breakthroughs in solving crimes. So why does it face a backlash?”, does it face a backlash?”, Los Angeles Times, September 25, , September 25,
2019, https://www.latimes.com/california/story/2019-09-24/rapid-dna-forensics-crime-police. 2019, https://www.latimes.com/california/story/2019-09-24/rapid-dna-forensics-crime-police.
~~54 Edwin Zedlewski~~ 56 Edwin Zedlewski and Mary B. Murphy, “DNA Analysis for ‘Minor’ Crimes: A Major Benefit for Law and Mary B. Murphy, “DNA Analysis for ‘Minor’ Crimes: A Major Benefit for Law
Enforcement,” Enforcement,” NIJ Journal, vol. 253 (January 2006) (hereinafter, “DNA Analysis for ‘Minor’ Crimes”). , vol. 253 (January 2006) (hereinafter, “DNA Analysis for ‘Minor’ Crimes”).
5557 Mark Nelson, Ruby Mark Nelson, Ruby Chase, and Lindsay DePalma, Chase, and Lindsay DePalma, Making Sense of DNA Backlog, 2012s—Myths vs. Reality, U.S. , U.S.
Department of Justice, Office of Justice Programs, National Institute of Justice, NCJDepartment of Justice, Office of Justice Programs, National Institute of Justice, NCJ 243347, Washington, DC, 243347, Washington, DC,
December 2013, p. 6. December 2013, p. 6.
5658 U.S. U.S. Government Accountability Office, Government Accountability Office, DNA Evidence DOJ Should Improve Performance Measurement and
~~Properly Design Controls for Nationwide Grant Program~~ ~~, GAO-19-216, March 2019, p. 23 (hereinafter, “ DNA~~
~~Evidence”).~~
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~~to 300,000, or about 20%.57~~ report on federal grants that address the DNA backlog determined that in states and units of local government that were awarded DNA Capacity Enhancement and Backlog Reduction (CEBR) grants between 2011 and 2017, the total requests for DNA analysis increased from about 250,000 to 300,000, or about 20%.59 Across the same period, crime labs also completed more DNA Across the same period, crime labs also completed more DNA
analysis requests, increasing from just over 200,000 completed to more than 250,000.analysis requests, increasing from just over 200,000 completed to more than 250,000.5860 However, However,
the backlog for crime scene DNA analysis had increased from 91,000 requests to about 169,000, the backlog for crime scene DNA analysis had increased from 91,000 requests to about 169,000,
or 85%.or 85%.59
61 Another source of information on the DNA backlog is the Bureau of Justice Statistic Another source of information on the DNA backlog is the Bureau of Justice Statistic ’s (BJS’s) ’s (BJS’s)
Census of Publicly Funded Forensic Crime Laboratories (CPFCL).Census of Publicly Funded Forensic Crime Laboratories (CPFCL).6062 BJS compared data from the BJS compared data from the
2014 and 2009 census collections to show how requests for DNA analysis have changed. In 2009, 2014 and 2009 census collections to show how requests for DNA analysis have changed. In 2009,
BJS reported an estimated 103,500 backlogged forensic casework analyses, which increased in BJS reported an estimated 103,500 backlogged forensic casework analyses, which increased in
2014 to an estimated 107,800 backlogged analyses.2014 to an estimated 107,800 backlogged analyses.6163 However, the estimated increase in However, the estimated increase in
backlogged forensic casework analyses was not backlogged forensic casework analyses was not ~~statistical y~~statistically significant. BJS data demonstrated significant. BJS data demonstrated
that public crime laboratories completed more forensic casework samples in 2014 than in 2009. that public crime laboratories completed more forensic casework samples in 2014 than in 2009.
In 2014, public crime laboratories completed an estimated 296,000 requests for forensic casework In 2014, public crime laboratories completed an estimated 296,000 requests for forensic casework
analysis, up from an estimated 239,000 in 2009.analysis, up from an estimated 239,000 in 2009.6264 While crime laboratories were able to process While crime laboratories were able to process
more cases, the requests received for forensics casework analysis increased from an estimated more cases, the requests received for forensics casework analysis increased from an estimated
260,000 in 2009 to an estimated 333,000 in 2014.260,000 in 2009 to an estimated 333,000 in 2014.6365 In both cases (i.e., completed and received In both cases (i.e., completed and received
requests), the differences between the data for 2009 and 2014 were requests), the differences between the data for 2009 and 2014 were ~~statistical y~~statistically significant. significant.
Convicted Offender and Arrestee Samples
Data from BJS show that there was a Data from BJS show that there was a ~~statistical y~~statistically significant decrease in the backlog of requests significant decrease in the backlog of requests
for analysis of convicted offender and arrestee samples. The backlog of these samples decreased for analysis of convicted offender and arrestee samples. The backlog of these samples decreased
from 502,500 in 2009 to 64,800 in 2014.from 502,500 in 2009 to 64,800 in 2014.6466 Public crime laboratories processed an estimated Public crime laboratories processed an estimated
1,027,000 convicted offender and arrestee samples in 2009 and an estimated 904,000 samples in 1,027,000 convicted offender and arrestee samples in 2009 and an estimated 904,000 samples in
2014, but the difference in processed samples is not 2014, but the difference in processed samples is not ~~statistical y~~statistically significant. significant.6567 However, there was However, there was
a a ~~statistical y~~statistically significant decrease in requests for analysis of convicted offender and arrestee significant decrease in requests for analysis of convicted offender and arrestee
samples (1,053,000 requests were received in 2009 compared to 908,000 in 2014).samples (1,053,000 requests were received in 2009 compared to 908,000 in 2014).~~66 This~~
~~decrease in requests may reflect the fact that arrests national y declined by 20% between 2009~~
~~and 2014.67~~

~~57 DNA Evidence, p. 18.~~
~~58 DNA Evidence, p. 18.~~
~~59 DNA Evidence, p. 17.~~
6068 This Properly Design Controls for Nationwide Grant Program, GAO-19-216, March 2019, p. 23 (hereinafter, “DNA Evidence”). 59 DNA Evidence, p. 18. 60 DNA Evidence, p. 18. 61 DNA Evidence, p. 17. 62 Matthew R. Durose et al., Matthew R. Durose et al., Publicly Funded Forensic Crime Laboratories: Resources and Services, 2014, U.S. , U.S.
Department of Justice, Office of Justice Programs, BureauDepartment of Justice, Office of Justice Programs, Bureau of Justice Statistics, NCJof Justice Statistics, NCJ 250151, Washington, DC, 250151, Washington, DC,
November 2016 (hereinafter, “November 2016 (hereinafter, “ Publicly FundedPublicly Funded Forensic Crime Laboratories”). Forensic Crime Laboratories”).
6163 Publicly Funded Publicly Funded Forensic Crime Laboratories, Forensic Crime Laboratories, ~~T able~~Table 6. A request 6. A request for analysis wasfor analysis was considered to be backloggedconsidered to be backlogged if it if it
waswas not examined and reported to the submitting agency within 30 days.not examined and reported to the submitting agency within 30 days.
62 64 Publicly Funded Publicly Funded Forensic Crime Laboratories, Forensic Crime Laboratories, ~~T able~~Table 4. 4.
6365 Publicly Funded Publicly Funded Forensic Crime Laboratories, Forensic Crime Laboratories, ~~T able~~Table 4. 4.
6466 Publicly Funded Publicly Funded Forensic Crime Laboratories, Forensic Crime Laboratories, ~~T able~~Table 6. 6.
6567 Publicly Funded Publicly Funded Forensic Crime Laboratories, Forensic Crime Laboratories, ~~T able~~Table 4. The difference between two estimated figures is considered to be statistically significant if the 95% confidence interval for the difference between the two figures does not contain zero. The confidence interval for the difference between two figures is equal to the difference plus and minus the pooled standard error (SE) multiplied by 1.96 (i.e., difference ± 1.96 * SE). BJS provides standard errors for the estimated figures in their report in the report’s appendix. 68 Publicly Funded Forensic Crime Laboratories, Table 4. 4.
~~66 Publicly Funded Forensic Crime Laboratories, T able 4.~~
~~67 Department of Justice, Federal Bureau of Investigat ion, Crime Data Explorer, https://crime-data-~~
~~explorer.fr.cloud.gov/explorer/national/united-states/arrest.~~
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decrease in requests may reflect the fact that arrests nationally declined by 20% between 2009 and 2014.69 Sexual Assault Kits (SAKs)
In recent years, increased attention has been paid to DNA backlogs in cases involving sexual In recent years, increased attention has been paid to DNA backlogs in cases involving sexual
assault (often referred to as the assault (often referred to as the rape kit backlog).).6870 According to the National Institute of Justice According to the National Institute of Justice
(NIJ), sexual assault kits are (NIJ), sexual assault kits are ~~typical y~~typically considered backlogged if they have been submitted to a considered backlogged if they have been submitted to a
crime laboratory but remain untested after 30 days.crime laboratory but remain untested after 30 days.6971 A 2018 study estimated that 200,000 sexual A 2018 study estimated that 200,000 sexual
assault kits remain untested in the custody of police departments.assault kits remain untested in the custody of police departments.7072 The results from four studies The results from four studies
funded by the NIJ indicated that 25%-50% of tested sexual assault kits generated CODIS-eligible funded by the NIJ indicated that 25%-50% of tested sexual assault kits generated CODIS-eligible
DNA profiles and 50%-60% of those CODIS profiles resulted in a hit.DNA profiles and 50%-60% of those CODIS profiles resulted in a hit.71
73 Federal Law
Although state law dictates which profiles Although state law dictates which profiles ~~wil~~ will be included in each state’s DNA database, federal be included in each state’s DNA database, federal
law provides for the collection of DNA samples from certain federal offenders for analysis and law provides for the collection of DNA samples from certain federal offenders for analysis and
inclusion in the NDIS. Federal law also dictates which profiles included in state databases can be inclusion in the NDIS. Federal law also dictates which profiles included in state databases can be
uploaded into the NDIS. Federal law also states that agencies participating in the NDIS must meet uploaded into the NDIS. Federal law also states that agencies participating in the NDIS must meet
certain specified standards. In addition, federal law provides for post-conviction DNA testing for certain specified standards. In addition, federal law provides for post-conviction DNA testing for
federal offenders. The following section summarizes current federal federal offenders. The following section summarizes current federal ~~law s~~laws pertaining to how DNA pertaining to how DNA
is used in a criminal justice capacity. is used in a criminal justice capacity.
Quality Assurance and Proficiency Testing Standards
Under current law,Under current law,7274 the FBI is required to issue (and “revise from time to time”) the QAS, the FBI is required to issue (and “revise from time to time”) the QAS,
including standards for testing the proficiency of forensic laboratories and forensic analysts in including standards for testing the proficiency of forensic laboratories and forensic analysts in
conducting DNA analyses.conducting DNA analyses.7375 By law, the QAS must specify the criteria for quality assurance and By law, the QAS must specify the criteria for quality assurance and
proficiency tests to be applied to the various types of DNA analyses conducted by forensic proficiency tests to be applied to the various types of DNA analyses conducted by forensic
laboratories.laboratories.7476 The Rapid DNA Act (P.L. 115-50) also requires the FBI to issue standards and The Rapid DNA Act (P.L. 115-50) also requires the FBI to issue standards and
procedures for the use of Rapid DNA instruments and the resulting analyses. The QAS must procedures for the use of Rapid DNA instruments and the resulting analyses. The QAS must
include a system for grading proficiency testing performance to determine whether a laboratory is include a system for grading proficiency testing performance to determine whether a laboratory is
performing acceptably.performing acceptably.7577 Under current law, FBI personnel who perform DNA analyses must Under current law, FBI personnel who perform DNA analyses must
~~undergo semiannual external proficiency testing by a DNA proficiency testing program that meets~~
~~the standards set in the QAS.76~~
~~According to the FBI, the QAS also describes the minimum standards for a laboratory engaged in~~
~~forensic DNA analysis and/or databasing.77 The QAS includes minimum laboratory standards for~~

~~68 Gillian~~ 69 Department of Justice, Federal Bureau of Investigation, Crime Data Explorer, https://crime-data-explorer.fr.cloud.gov/explorer/national/united-states/arrest. 70 Gillian M. Pinchevsky, “Criminal Justice Considerations for Unsubmitted and Untested SexualM. Pinchevsky, “Criminal Justice Considerations for Unsubmitted and Untested Sexual Assault Kits: A Assault Kits: A
ReviewReview of the Literature and Suggestionsof the Literature and Suggestions for Moving Forward,” for Moving Forward,” Criminal Justice Policy Review,, vol. 29, no. 9 (2018). vol. 29, no. 9 (2018).
6971 National Institute of Justice, National Institute of Justice, Sexual Assault Kits: Using Science to Find Solutions, https://www.nij.gov/unsubmitted-, https://www.nij.gov/unsubmitted-
kits/. kits/.
7072 Rebecca Rebecca Campbell et al., “Campbell et al., “~~T ested~~Tested at Last: How DNA at Last: How DNA Evidence in Untested Rape Kits Can Identify Offenders and Evidence in Untested Rape Kits Can Identify Offenders and
SerialSerial ~~Sexual Assaults~~ Sexual Assaults ,” ,” Journal of Interpersonal Violence, vol. 33, no. 24 (2018). , vol. 33, no. 24 (2018).
7173 Gillian Gillian M. Pinchevsky, “Criminal Justice Considerations for Unsubmitted and Untested SexualM. Pinchevsky, “Criminal Justice Considerations for Unsubmitted and Untested Sexual Assault Kits: A Assault Kits: A
ReviewReview of the Literature and Suggestionsof the Literature and Suggestions for Moving Forward,” Criminal Justicefor Moving Forward,” Criminal Justice Policy Review, vol. 29, no. 9 (2018). Policy Review, vol. 29, no. 9 (2018).
72 74 34 U.S.C. 34 U.S.C. §12591(a)(2). §12591(a)(2).
~~73 T he~~75 The most recent QAS took effect on July 1, 2020. most recent QAS took effect on July 1, 2020.
7476 34 U.S.C. 34 U.S.C. §12591(a)(3). §12591(a)(3).
7577 34 U.S.C. 34 U.S.C. §12591(a)(3). §12591(a)(3).
~~76 34 U.S.C. §12593(a)(1)(A).~~
~~77 CODIS FAQs.~~
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undergo semiannual external proficiency testing by a DNA proficiency testing program that meets the standards set in the QAS.78 According to the FBI, the QAS also describes the minimum standards for a laboratory engaged in forensic DNA analysis and/or databasing.79 The QAS includes minimum laboratory standards for the following areas: organization, personnel, facilities, evidence or sample control, validation, the following areas: organization, personnel, facilities, evidence or sample control, validation,
analytical procedures, equipment calibration and maintenance, reports, review, proficiency analytical procedures, equipment calibration and maintenance, reports, review, proficiency
testing, corrective action, audits, safety, and outsourcing.testing, corrective action, audits, safety, and outsourcing.78
80 Inclusion and Expungement of DNA Profiles in the NDIS
The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322) authorized the FBI The Violent Crime Control and Law Enforcement Act of 1994 (P.L. 103-322) authorized the FBI
to establish an index of DNA profiles (i.e., NDIS). to establish an index of DNA profiles (i.e., NDIS).
Under current law,Under current law,7981 the NDIS can contain the DNA profiles of samples the NDIS can contain the DNA profiles of samples
 taken from individuals convicted of or charged with a crime, or collected under  taken from individuals convicted of or charged with a crime, or collected under
applicable legal authorities (e.g., people arrested for crimes), except for DNA applicable legal authorities (e.g., people arrested for crimes), except for DNA
samples that are voluntarily submitted solely for elimination purposes (i.e., to samples that are voluntarily submitted solely for elimination purposes (i.e., to
exclude someone as a suspect); exclude someone as a suspect);
 recovered from crime scenes;  recovered from crime scenes;
 recovered from unidentified human remains; and  recovered from unidentified human remains; and
 voluntarily contributed from relatives of missing persons. voluntarily contributed from relatives of missing persons.8082
The NDIS can only include DNA profiles The NDIS can only include DNA profiles
 based on analyses performed by or on behalf of a criminal justice agency or the  based on analyses performed by or on behalf of a criminal justice agency or the
Department of Defense (DOD) in accordance with available standards that satisfy Department of Defense (DOD) in accordance with available standards that satisfy
or exceed the FBI’s published QAS; or exceed the FBI’s published QAS;
 that are prepared by laboratories that (1) have been accredited by a nonprofit  that are prepared by laboratories that (1) have been accredited by a nonprofit
professional organization of persons actively involved in forensic science and professional organization of persons actively involved in forensic science and
~~national y~~nationally recognized within the forensic science community, and (2) undergo recognized within the forensic science community, and (2) undergo
external audits, not less than once every other year, that demonstrate compliance external audits, not less than once every other year, that demonstrate compliance
with the FBI’s QAS;with the FBI’s QAS;81
~~ that are prepared by accredited crime laboratories using rapid DNA instruments~~
~~approved by the FBI in compliance with FBI published standards and procedures~~
~~per the Rapid DNA Act82; and~~
~~ that are maintained by federal, state, and local criminal justice agencies or the~~
~~DOD pursuant to rules that al ow the disclosure of profiles only to other criminal~~

~~78 CODIS FAQs.~~
~~79 34 U.S.C. §12592(a).~~
8083 78 34 U.S.C. §12593(a)(1)(A). 79 CODIS FAQs. 80 CODIS FAQs. 81 34 U.S.C. §12592(a). 82 Under the Violent Crime Control and Law Under the Violent Crime Control and Law Enforcement Act of 1994 (Enforcement Act of 1994 ( P.L. 103-322), the NDIS wasP.L. 103-322), the NDIS was only to include only to include
analyses of DNA samples collected from (1) individualsanalyses of DNA samples collected from (1) individuals convicted of crimes, (2) crime scenes, and (3) unidentified convicted of crimes, (2) crime scenes, and (3) unidentified
human remains. human remains. ~~T he~~The Justice for All Justice for All Act of 2004 (P.L. 108-405) amended the authorizing legislation for the NDIS to Act of 2004 (P.L. 108-405) amended the authorizing legislation for the NDIS to
allowallow analyses of DNA samples collected from persons who have been charged in an indictment or information with a analyses of DNA samples collected from persons who have been charged in an indictment or information with a
crime and other persons whose DNA samples are collected undercrime and other persons whose DNA samples are collected under applicable legal authorities to be includedapplicable legal authorities to be included in the in the
NDIS,NDIS, provided that profiles from arrestees who have not been charged with a crime and samples that are voluntarily provided that profiles from arrestees who have not been charged with a crime and samples that are voluntarily
submitted solely for elimination purposes are not includedsubmitted solely for elimination purposes are not included in the NDIS. in the NDIS. ~~T he~~The Violence Against Women and Department Violence Against Women and Department
of Justiceof Justice Reauthorization Act of 2005 (P.L. 109-162) amended the authorizing legislation for the NDIS to allow Reauthorization Act of 2005 (P.L. 109-162) amended the authorizing legislation for the NDIS to allow
analyses of samples collected from arrestees to be includedanalyses of samples collected from arrestees to be included in the NDIS.in the NDIS.
81 83 According to the FBI, American Association for Laboratory Accreditation (A2LA), and ANSI According to the FBI, American Association for Laboratory Accreditation (A2LA), and ANSI -ASQ-ASQ National National
Accreditation Board (ANAB:Accreditation Board (ANAB: ~~T he~~ The American Society of Crime Laboratory Directors/Laboratory Accreditation Board American Society of Crime Laboratory Directors/Laboratory Accreditation Board
(ASCLD/LAB)(ASCLD/LAB) and Forensic Quality Servicesand Forensic Quality Services (FQS),(FQS), approved separately as accrediting agencies are now part of approved separately as accrediting agencies are now part of
ANAB) are recognized as accrediting agencies. SeeANAB) are recognized as accrediting agencies. See ~~CODIS FAQs.~~
~~82 As of the cover date of this report , the FBI does not allow rapid DNA profiles in the NDIS.~~
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CODIS FAQs. Congressional Research Service 10 DNA Testing in Criminal Justice: Background, Current Law, and Grants  that are prepared by accredited crime laboratories using rapid DNA instruments approved by the FBI in compliance with FBI published standards and procedures per the Rapid DNA Act84; and  that are maintained by federal, state, and local criminal justice agencies or the DOD pursuant to rules that allow the disclosure of profiles only to other criminal justice agencies for identification purposes, judicial proceedings, criminal justice agencies for identification purposes, judicial proceedings, criminal
defense purposes, and, if defense purposes, and, if ~~personal y identifiable~~ personally identifiable information is removed, for information is removed, for
research and quality control purposes.research and quality control purposes.83
85 Under current law, the FBI is required to expunge the profile of an individual Under current law, the FBI is required to expunge the profile of an individual who had a DNA who had a DNA
profile entered into the NDIS on the basis of being convicted for a qualifying federal offense (see profile entered into the NDIS on the basis of being convicted for a qualifying federal offense (see
below) if the individualbelow) if the individual provides a certified copy of a final court order showing that the provides a certified copy of a final court order showing that the
conviction was overturned.conviction was overturned.8486 Also, the FBI is required to expunge the profile of an individual Also, the FBI is required to expunge the profile of an individual who who
had a DNA profile entered into the NDIS on the basis of being arrested under the authority of the had a DNA profile entered into the NDIS on the basis of being arrested under the authority of the
United States if the individualUnited States if the individual provides a certified copy of a final court order that establishes that provides a certified copy of a final court order that establishes that
the charge was dismissed or resulted in an acquittal, or that no charge was filed within the the charge was dismissed or resulted in an acquittal, or that no charge was filed within the
applicable time period.applicable time period.8587 Under current law, DOD is required to expunge the profile of an Under current law, DOD is required to expunge the profile of an
individualindividual who had a DNA profile entered into the NDIS on the basis of being convicted of a who had a DNA profile entered into the NDIS on the basis of being convicted of a
qualifying military offense (see below) if the individual provides a certified copy of a final court qualifying military offense (see below) if the individual provides a certified copy of a final court
order showing that the conviction was overturned.order showing that the conviction was overturned.8688 In each case, it is the individual In each case, it is the individual whose DNA whose DNA
profile has been submitted to the NDIS who is responsible for seeking a DNA expungement. profile has been submitted to the NDIS who is responsible for seeking a DNA expungement.
As a condition of having access to the NDIS, states must also have a procedure to expunge a As a condition of having access to the NDIS, states must also have a procedure to expunge a
DNA profile from the state’s database based on the same conditions applicable to a profile being DNA profile from the state’s database based on the same conditions applicable to a profile being
expunged from the NDIS.expunged from the NDIS.8789 As with the federal government, many states place the responsibility As with the federal government, many states place the responsibility
for pursuing DNA expungement on the people whose DNA profiles have been submitted to an for pursuing DNA expungement on the people whose DNA profiles have been submitted to an
SDIS.SDIS.8890 Thus, people who are eligible for expungement are required to know that expungements Thus, people who are eligible for expungement are required to know that expungements
are possible (many states do not require that arrestees be notified of this possibility), correctly are possible (many states do not require that arrestees be notified of this possibility), correctly
identify their own eligibility,identify their own eligibility, and both pay for and complete and both pay for and complete al all administrative steps (often administrative steps (often
including an expungement hearing).including an expungement hearing).8991 DNA expungement is relatively rare. In a sample of four DNA expungement is relatively rare. In a sample of four
states that place the responsibility for pursuing DNA expungement on the arrestee, less than 1% states that place the responsibility for pursuing DNA expungement on the arrestee, less than 1%
of eligibleof eligible samples were expunged.samples were expunged.9092 However, there are states (e.g., Connecticut, However, there are states (e.g., Connecticut, ~~Tennessee,~~
~~Texas, Utah, North Carolina, Maryland~~Maryland, North Carolina, Tennessee, Texas, and Utah) that have automatic DNA expungement policies that ) that have automatic DNA expungement policies that
require the state to initiate expungement proceedings.require the state to initiate expungement proceedings.91
~~Collection of DNA Samples from Certain Federal, District of~~
~~Columbia, and Military Offenders~~
~~Under current law,92 the Attorney General is permitted to collect DNA samples from “individuals~~
~~who are arrested, facing charges, or convicted of a crime or from non-United States citizens who~~

~~83 34 U.S.C. §12592(b).~~
~~84 34 U.S.C. §12592(d)(1)(A)(i).~~
~~85 34 U.S.C. §12592(d)(1)(A)(ii).~~
~~86 10 U.S.C. §1565(e).~~
~~87 34 U.S.C. §12592(d)(2)(A).~~
8893 84 As of the cover date of this report, the FBI does not allow rapid DNA profiles in the NDIS. 85 34 U.S.C. §12592(b). 86 34 U.S.C. §12592(d)(1)(A)(i). 87 34 U.S.C. §12592(d)(1)(A)(ii). 88 10 U.S.C. §1565(e). 89 34 U.S.C. §12592(d)(2)(A). 90 National Conference of State Legislatures, DNA Arrestee Laws, National Conference of State Legislatures, DNA Arrestee Laws, http://www.ncsl.org/Documents/cj/http://www.ncsl.org/Documents/cj/
ArresteeDNALaws.pdf (hereinafter, “ArresteeDNALaws.pdf (hereinafter, “ DNA Arrestee Laws”). DNA Arrestee Laws”).
8991 Elizabeth E. Joh, “ Elizabeth E. Joh, “~~T he~~The Myth of Arrestee DNA Expungement,” Myth of Arrestee DNA Expungement,” University of Pennsylvania Law Review Online, vol. , vol.
164, (2015), p. 51 (hereinafter, “The Myth of Arrestee DNA Expungement164, (2015), p. 51 (hereinafter, “The Myth of Arrestee DNA Expungement ~~”).~~
~~90 T he~~”). 92 The Myth of Arrestee DNA Expungement Myth of Arrestee DNA Expungement , p. 57. , p. 57.
9193 DNA Arrestee Laws. DNA Arrestee Laws.
~~92 34 U.S.C. §40702(a)(1)(A).~~
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DNA Testing in Criminal Justice: Background, Current Law, and Grants
Collection of DNA Samples from Certain Federal, District of Columbia, and Military Offenders Under current law,94 the Attorney General is permitted to collect DNA samples from “individuals who are arrested, facing charges, or convicted of a crime or from non-United States citizens who
are detained under the authority of the United States.”are detained under the authority of the United States.”9395 In addition, the Bureau of Prisons (BOP) In addition, the Bureau of Prisons (BOP)
is required to collect a DNA sample from each federal prisoner who is, or has been, convicted of a is required to collect a DNA sample from each federal prisoner who is, or has been, convicted of a
felony, a sexual abuse crime under chapter 109A of title 18 of the U.S. Code, a crime of felony, a sexual abuse crime under chapter 109A of title 18 of the U.S. Code, a crime of
violence,violence,9496 or any attempt or conspiracy to commit any of these crimes. or any attempt or conspiracy to commit any of these crimes.9597 Federal probation Federal probation
officers responsible for supervising individuals on probation, parole, or supervised release are officers responsible for supervising individuals on probation, parole, or supervised release are
required to collect DNA samples from individuals who are, or have been, convicted of any of the required to collect DNA samples from individuals who are, or have been, convicted of any of the
crimes outlined above.crimes outlined above.9698 Collected samples are required to be submitted to the FBI for analysis Collected samples are required to be submitted to the FBI for analysis
and the resulting DNA profiles are included in the NDIS.and the resulting DNA profiles are included in the NDIS.9799 The Rapid DNA Act The Rapid DNA Act ~~al ows~~allows the FBI to the FBI to
waive the requirement that DNA samples be submitted to the FBI for analysis if the analysis is waive the requirement that DNA samples be submitted to the FBI for analysis if the analysis is
conducted with a rapid DNA instrument and the results are included in the NDIS. conducted with a rapid DNA instrument and the results are included in the NDIS.
Current law contains similar provisions regarding the collection of DNA samples from District of Current law contains similar provisions regarding the collection of DNA samples from District of
Columbia offenders. BOP is required to collect a DNA sample from each prisoner who is, or hasColumbia offenders. BOP is required to collect a DNA sample from each prisoner who is, or has
been, convicted of a qualifying District of Columbia offense.been, convicted of a qualifying District of Columbia offense.98100 In addition, the Court Services and In addition, the Court Services and
Offender Supervision Agency for the District of Columbia is required to collect DNA samples Offender Supervision Agency for the District of Columbia is required to collect DNA samples
from individuals on probation, parole, or supervised release, who are, or have been, convicted of from individuals on probation, parole, or supervised release, who are, or have been, convicted of
any qualifying District of Columbia offense.any qualifying District of Columbia offense.99101 The government of the District of Columbia may The government of the District of Columbia may
determine which offenses under the District of Columbia Code are considered qualifying offenses determine which offenses under the District of Columbia Code are considered qualifying offenses
to require a DNA sample.to require a DNA sample.~~100~~102 Collected samples must be submitted to the FBI for analysis and Collected samples must be submitted to the FBI for analysis and
their resulting DNA profiles are included in the NDIS.their resulting DNA profiles are included in the NDIS.~~101~~103 The Rapid DNA Act 94 34 U.S.C. §40702(a)(1)(A). 95 The DNA Analysis Backlog ~~The Rapid DNA Act also al ows the FBI~~
~~to waive the requirement that DNA samples be submitted to the FBI for analysis if the analysis is~~
~~conducted with a rapid DNA instrument and the results are included in the NDIS.~~

~~93 T he DNA Analysis Backlog~~ Elimination Act of 2000 (P.L. 106-546) required BOP and U.S.Elimination Act of 2000 (P.L. 106-546) required BOP and U.S. probation offices to probation offices to
collect DNA samples from anyone in their custody who wascollect DNA samples from anyone in their custody who was convicted of qualifyingconvicted of qualifying federal offenses. federal offenses. ~~T he~~The act defined a act defined a
“qualifying federal offense” as murder, voluntary manslaughter, or other offenses relating to homicide; an “qualifying federal offense” as murder, voluntary manslaughter, or other offenses relating to homicide; an ~~offen se~~offense
relating to sexual abuse,relating to sexual abuse, sexual exploitation or other abuse of children, or transportation for illegal sexualsexual exploitation or other abuse of children, or transportation for illegal sexual activity; an activity; an
offense relating to peonage or slavery; kidnapping; an offense relating to robbery or burglary;offense relating to peonage or slavery; kidnapping; an offense relating to robbery or burglary; any offense committed in any offense committed in
Indian country relating to murder, manslaughter, kidnapping, maiming, a felony sexualIndian country relating to murder, manslaughter, kidnapping, maiming, a felony sexual ~~abuse~~ abuse offense, incest, arson, offense, incest, arson,
robbery, or burglary;robbery, or burglary; or any attempt or conspiracy to commit any of these crimes. or any attempt or conspiracy to commit any of these crimes. ~~T he~~The Uniting and Strengthening Uniting and Strengthening
America by Providing Appropriate America by Providing Appropriate ~~T ools~~Tools Required to Intercept and Obstruct Required to Intercept and Obstruct ~~T errorism (USA PAT RIOT~~ Terrorism (USA PATRIOT) Act of 2001 ) Act of 2001
(P.L. 107-56) expanded the definition of “(P.L. 107-56) expanded the definition of “ qualifying federal offense” to include crimes of terrorism, crimes of violence, qualifying federal offense” to include crimes of terrorism, crimes of violence,
or any attempt or conspiracy to commit either crime. or any attempt or conspiracy to commit either crime. ~~T he~~The Justice for All Act of 2004 ( Justice for All Act of 2004 ( P.L. 108-405) amended the P.L. 108-405) amended the
definition of “qualifying federal offense” to include any felony, sexual abusedefinition of “qualifying federal offense” to include any felony, sexual abuse offense, crime of violence, or attempt or offense, crime of violence, or attempt or
conspiracy to commit any of these crimes. conspiracy to commit any of these crimes. ~~T he~~The Violence Against Women and Department of Justice Reauthorization Violence Against Women and Department of Justice Reauthorization
Act of 2005 (P.L. 109-162) authorized DOJ to collect DNA samples from arrestees and nonAct of 2005 (P.L. 109-162) authorized DOJ to collect DNA samples from arrestees and non -citizens who are detained -citizens who are detained
under the authority of the United States. under the authority of the United States. ~~T he~~The Adam Walsh Child Adam Walsh Child Protection and Safety Act of 2006 (Protection and Safety Act of 2006 ( P.L. 109-248) P.L. 109-248)
authorized DOJauthorized DOJ to also collect DNA samples from individualsto also collect DNA samples from individuals facing charges in addition to those who have been facing charges in addition to those who have been
arrested or convicted. arrested or convicted.
9496 As defined As defined at 18 U.S.C.at 18 U.S.C. §16. §16.
9597 34 U.S.C. 34 U.S.C. §40702(a)(1)(B). §40702(a)(1)(B).
9698 34 U.S.C. 34 U.S.C. §40702(a)(2). §40702(a)(2).
9799 34 U.S.C. 34 U.S.C. §40702(b). §40702(b).
98100 34 U.S.C. 34 U.S.C. §40703(a)(1). §40703(a)(1).
99101 34 U.S.C. 34 U.S.C. §40703(a)(2). §40703(a)(2).
~~100~~102 34 U.S.C. 34 U.S.C. §40703(d). §40703(d).
~~101~~103 34 U.S.C. 34 U.S.C. §40703(b). §40703(b). ~~T he~~The following are considered qualifying following are considered qualifying offenses under the D.C. Code:offenses under the D.C. Code: (1) any felony; (2) any (1) any felony; (2) any
offense for which the penalty is greater than one year imprisonment; (3) lewd, indecent, or obscene acts knowingly offense for which the penalty is greater than one year imprisonment; (3) lewd, indecent, or obscene acts knowingly
~~committed in the presence of a child under 16 years of age (D.C. Code §22 -1312(b)); (4) certain obscene activities~~
~~involving minors (D.C. Code §22-2201); (5) sexual performances using a minor (D.C. Code §22 -3102); (6)~~
~~misdemeanor sexual abuse (D.C. Code §22-3006); (7) misdemeanor sexual abuse of child or a minor (D.C. Code §22 -~~
~~3010.01); or (8) any attempt or conspiracy to commit any of these cr imes. D.C. Code §22-4151.~~
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~~DNA Testing in Criminal Justice: Background, Current Law, and Grants~~

~~Under current law,102~~ Congressional Research Service 12 DNA Testing in Criminal Justice: Background, Current Law, and Grants also allows the FBI to waive the requirement that DNA samples be submitted to the FBI for analysis if the analysis is conducted with a rapid DNA instrument and the results are included in the NDIS. Under current law,104 the DOD is required to collect DNA samples from each member of the the DOD is required to collect DNA samples from each member of the
Armed Forces who is, or has been, convicted of an offense under the Uniform Code of Military Armed Forces who is, or has been, convicted of an offense under the Uniform Code of Military
Justice for which a sentence of confinement of more than one year can be imposed, or of any Justice for which a sentence of confinement of more than one year can be imposed, or of any
other offense under the Uniform Code of Military Justice that is comparable to the offenses for other offense under the Uniform Code of Military Justice that is comparable to the offenses for
which a DNA sample can be collected from a federal offender.which a DNA sample can be collected from a federal offender.~~103~~105 DOD is required to conduct an DOD is required to conduct an
analysis of the collected sample and submit the results to the FBI for inclusion in the NDIS.analysis of the collected sample and submit the results to the FBI for inclusion in the NDIS.~~104~~106
Post-conviction DNA Testing
The Justice for The Justice for Al All Act of 2004 (Justice for Act of 2004 (Justice for Al All Act, P.L. 108-405) established procedures for post-Act, P.L. 108-405) established procedures for post-
conviction DNA testing in federal courts. Under current law,conviction DNA testing in federal courts. Under current law,~~105~~107 upon a written motion from an upon a written motion from an
individualindividual sentenced for a federal offense (hereinafter, “applicant”), the court must order DNA sentenced for a federal offense (hereinafter, “applicant”), the court must order DNA
testing of evidence if testing of evidence if al all of the following apply: of the following apply:
 The applicant asserts, under penalty of perjury, that the applicant is  The applicant asserts, under penalty of perjury, that the applicant is ~~actual y~~actually
innocent of the federal crime for which the applicant was sentenced, or another innocent of the federal crime for which the applicant was sentenced, or another
federal or state offense, if (1) “the evidence was entered during a federal death federal or state offense, if (1) “the evidence was entered during a federal death
sentence hearing and exoneration for the offense would entitle the applicant to a sentence hearing and exoneration for the offense would entitle the applicant to a
reduced sentence or a new sentencing hearing”; or (2) “in the case of a [s]tate reduced sentence or a new sentencing hearing”; or (2) “in the case of a [s]tate
offense, the applicant demonstrates that there is no adequate remedy under [s]tate offense, the applicant demonstrates that there is no adequate remedy under [s]tate
law to permit DNA testing of the … evidence … and, to the extent available,law to permit DNA testing of the … evidence … and, to the extent available, the the
applicant has exhausted applicant has exhausted al all remedies availableremedies available under [s]tate law for requesting under [s]tate law for requesting
DNA testing of … evidence.” DNA testing of … evidence.”
 The specified evidence to be tested was secured in relation to the investigation or  The specified evidence to be tested was secured in relation to the investigation or
prosecution of the federal or state crime for which the applicant claims to be prosecution of the federal or state crime for which the applicant claims to be
innocent. innocent.
 The evidence to be tested (1) “was not previously subjected to DNA testing and  The evidence to be tested (1) “was not previously subjected to DNA testing and
the applicant did not knowingly fail to request DNA testing of that evidence in a the applicant did not knowingly fail to request DNA testing of that evidence in a
prior motion for postconviction DNA testing”; or (2) “was previously subjected prior motion for postconviction DNA testing”; or (2) “was previously subjected
to DNA testing and the applicant is requesting DNA testing using a new method to DNA testing and the applicant is requesting DNA testing using a new method
or technology that is or technology that is ~~substantial y~~substantially more probative than prior testing.” more probative than prior testing.”
 The evidence to be tested “is in the possession of the [g]overnment and has been  The evidence to be tested “is in the possession of the [g]overnment and has been
subject to a chain of custody and retained under conditions sufficient to ensure subject to a chain of custody and retained under conditions sufficient to ensure
that such evidence has not been substituted, contaminated, tampered with, that such evidence has not been substituted, contaminated, tampered with,
replaced, or altered in any respect” that would affect the DNA testing. replaced, or altered in any respect” that would affect the DNA testing.
~~ The proposed DNA testing is “reasonable in scope, uses scientifical y sound~~
~~methods, and is consistent with accepted forensic practices.”~~
~~ The applicant “identifies a theory of defense that is not inconsistent with an~~
~~affirmative defense presented at trial and would establish the actual innocence of~~
~~the applicant.”~~

~~102 10 U.S.C. §1565(a)(1).~~
~~103 T he~~ committed in the presence of a child under 16 years of age (D.C. Code §22-1312(b)); (4) certain obscene activities involving minors (D.C. Code §22-2201); (5) sexual performances using a minor (D.C. Code §22-3102); (6) misdemeanor sexual abuse (D.C. Code §22-3006); (7) misdemeanor sexual abuse of child or a minor (D.C. Code §22-3010.01); or (8) any attempt or conspiracy to commit any of these crimes. D.C. Code §22-4151. 104 10 U.S.C. §1565(a)(1). 105 The requirement to collect DNA samples for people convicted of certain offenses under the Uniform Code of requirement to collect DNA samples for people convicted of certain offenses under the Uniform Code of
Military Justice is separate from the DNA samples the Department of Defense collects to aid in Military Justice is separate from the DNA samples the Department of Defense collects to aid in ~~th e~~the identification of identification of
human remains. human remains.
~~104~~106 10 U.S.C. 10 U.S.C. §1565(b). §1565(b).
~~105~~107 18 U.S.C. 18 U.S.C. §3600(a). §3600(a).
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 The proposed DNA testing is “reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices.”  The applicant “identifies a theory of defense that is not inconsistent with an affirmative defense presented at trial and would establish the actual innocence of the applicant.”
 If the applicant was “convicted following a trial, the identity of the perpetrator  If the applicant was “convicted following a trial, the identity of the perpetrator
was at issue in the trial.” was at issue in the trial.”
 The proposed DNA testing may produce new material evidence that would  The proposed DNA testing may produce new material evidence that would
support the affirmative defense theory presented at trial and raise a reasonable support the affirmative defense theory presented at trial and raise a reasonable
probability that the applicant did not commit the crime. probability that the applicant did not commit the crime.
 The applicant certifies that he or she  The applicant certifies that he or she ~~wil~~ will provide a DNA sample for comparison provide a DNA sample for comparison
purposes. purposes.
 The motion is made in a timely fashion.  The motion is made in a timely fashion.~~106~~
108 If the court orders DNA testing, the testing is carried out by the FBI. If the court orders DNA testing, the testing is carried out by the FBI.~~107~~109 However, the court can However, the court can
order DNA testing to be conducted by another “qualified laboratory if the court makes order DNA testing to be conducted by another “qualified laboratory if the court makes al
all necessary orders to ensure the integrity of the … evidence and the reliabilitynecessary orders to ensure the integrity of the … evidence and the reliability of the testing process of the testing process
and results.”and results.”~~108~~110 The cost of any DNA testing is borne by the applicant unless the applicant is The cost of any DNA testing is borne by the applicant unless the applicant is
indigent; in that case, the cost of DNA testing is borne by the government.indigent; in that case, the cost of DNA testing is borne by the government.~~109~~111
The results of any post-conviction DNA test must be simultaneously provided to the court, The results of any post-conviction DNA test must be simultaneously provided to the court,
applicant, and U.S. Attorney’s office.applicant, and U.S. Attorney’s office.~~110~~112 If the DNA test excludes the applicant as the source of If the DNA test excludes the applicant as the source of
the biologicalthe biological evidence, the DNA profile is required to be run through CODIS, assuming that the evidence, the DNA profile is required to be run through CODIS, assuming that the
analysis was conducted in a manner consistent with the FBI’s QAS, to see if the probative sample analysis was conducted in a manner consistent with the FBI’s QAS, to see if the probative sample
matches any profiles in the NDIS. The results of this search are to be simultaneously provided to matches any profiles in the NDIS. The results of this search are to be simultaneously provided to
the court, applicant, and U.S. Attorney’s office. If the test results ordered by the court are the court, applicant, and U.S. Attorney’s office. If the test results ordered by the court are
“inconclusive or show that the applicant was the source of the tested evidence, the applicant’s “inconclusive or show that the applicant was the source of the tested evidence, the applicant’s
DNA profile may be retained in the NDIS.”DNA profile may be retained in the NDIS.”~~111~~113 Moreover, if the test results show that the applicant Moreover, if the test results show that the applicant
was not the source of the tested evidence, and a comparison of the applicant’s DNA profile with was not the source of the tested evidence, and a comparison of the applicant’s DNA profile with
other forensic profiles in the NDIS results in a match, the Department of Justice (DOJ) is to other forensic profiles in the NDIS results in a match, the Department of Justice (DOJ) is to
contact the appropriate agency and preserve the applicant’s DNA sample.contact the appropriate agency and preserve the applicant’s DNA sample.~~112~~114 However, if the test However, if the test
results exclude the applicant as the source of the tested evidence, and a comparison between the results exclude the applicant as the source of the tested evidence, and a comparison between the
~~applicant’s DNA profile and forensic profiles in the NDIS does not result in a match, DOJ must~~
~~destroy the applicant’s DNA sample and ensure that the applicant’s DNA profile is not stored in~~
~~the NDIS if there is no other legal authority to retain the profile in the NDIS.113~~

~~106 T here~~ 108 There is a rebuttable presumption of timeliness if the motion is made within 60 months of the enactment of the is a rebuttable presumption of timeliness if the motion is made within 60 months of the enactment of the
Justice for AllJustice for All Act of 2004 (October 30, 2004) or within 36 months of conviction, whichever comes later. Act of 2004 (October 30, 2004) or within 36 months of conviction, whichever comes later. ~~T he~~The
presumption of timeliness may be rebutted upon a showingpresumption of timeliness may be rebutted upon a showing that the applicant’s motion for DNA testing is basedthat the applicant’s motion for DNA testing is based solely solely
upon information used in a previously deniedupon information used in a previously denied motion or of clear and convincing evidence that the applicant’s filing is motion or of clear and convincing evidence that the applicant’s filing is
done solely to causedone solely to cause delay or harass. For any motion delay or harass. For any motion ~~th at~~that is not made within 60 months of the enactment of the Justice is not made within 60 months of the enactment of the Justice
for All Act of 2004 or within 36 months of conviction, there is a rebuttable presumption against timeliness. for All Act of 2004 or within 36 months of conviction, there is a rebuttable presumption against timeliness. ~~T he~~The
presumption against timeliness can be rebutted upon the court’s finding (1) that the applicant was or is incompetent and presumption against timeliness can be rebutted upon the court’s finding (1) that the applicant was or is incompetent and
such incompetence substantially contributed to the delay in the applicant’s motion for a DNA test; (2) the evidence to such incompetence substantially contributed to the delay in the applicant’s motion for a DNA test; (2) the evidence to
be tested isbe tested is newly discoverednewly discovered DNA evidence; (3) that the applicant’s motion is not based solelyDNA evidence; (3) that the applicant’s motion is not based solely upon the applicant’s upon the applicant’s
own assertion of innocence and, after considering all relevant facts and circumstances surroundingown assertion of innocence and, after considering all relevant facts and circumstances surrounding the motion, a denial the motion, a denial
wouldwould result in a manifest injustice; or (4) upon good causeresult in a manifest injustice; or (4) upon good cause shown. 18 U.S.C.shown. 18 U.S.C. §3600(a)(10)(B).§3600(a)(10)(B).
~~107~~ 109 18 U.S.C. 18 U.S.C. §3600(c)(1). §3600(c)(1).
~~108~~110 18 U.S.C. 18 U.S.C. §3600(c)(2). §3600(c)(2).
~~109~~111 18 U.S.C. 18 U.S.C. §3600(c)(3). §3600(c)(3).
~~110~~112 18 U.S.C. 18 U.S.C. §3600(e)(1). §3600(e)(1).
~~111~~113 18 U.S.C. 18 U.S.C. §3600(e)(3)(A). §3600(e)(3)(A).
~~112~~114 18 U.S.C. §3600(e)(3)(B ~~18 U.S.C. §3600(e)(3)(B).~~
~~113 18 U.S.C. §3600(e)(3)(C~~). ).
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applicant’s DNA profile and forensic profiles in the NDIS does not result in a match, DOJ must destroy the applicant’s DNA sample and ensure that the applicant’s DNA profile is not stored in the NDIS if there is no other legal authority to retain the profile in the NDIS.115 If the results of the DNA test are inconclusive, the court can order further testing, if appropriate, If the results of the DNA test are inconclusive, the court can order further testing, if appropriate,
or it can deny the applicant relief.or it can deny the applicant relief.~~114~~116 If the results of the DNA test demonstrate that the applicant If the results of the DNA test demonstrate that the applicant
was the source of the evidence tested, the applicant is denied relief, and on a motion of the was the source of the evidence tested, the applicant is denied relief, and on a motion of the
government, the court can determine whether the applicant’s claim of actual innocence was false. government, the court can determine whether the applicant’s claim of actual innocence was false.
If the court finds the claim was false, it can If the court finds the claim was false, it can
 hold the applicant in contempt of court;  hold the applicant in contempt of court;
 assess against the applicant any cost of DNA testing;  assess against the applicant any cost of DNA testing;
 forward the findings to BOP, who may wholly, or in part, deny the applicant’s  forward the findings to BOP, who may wholly, or in part, deny the applicant’s
good conduct time; good conduct time;~~115~~
117  if the applicant is eligible  if the applicant is eligible for parole, forward the finding to the U.S. Parole for parole, forward the finding to the U.S. Parole
Commission so the commission can deny parole on the basis of the finding; or Commission so the commission can deny parole on the basis of the finding; or
 if the test results relate to a state offense, forward the findings to the appropriate  if the test results relate to a state offense, forward the findings to the appropriate
state official. state official.~~116~~
118 Under current law, if the applicant is convicted of making false assertions relating to post- Under current law, if the applicant is convicted of making false assertions relating to post-
conviction DNA testing, the applicant is to be sentenced to no less than three years’ conviction DNA testing, the applicant is to be sentenced to no less than three years’
imprisonment, to run consecutively with any other term of imprisonment the applicant is imprisonment, to run consecutively with any other term of imprisonment the applicant is
serving.serving.~~117~~119
If the results of the DNA testing demonstrate that the applicant was not the source of the tested If the results of the DNA testing demonstrate that the applicant was not the source of the tested
evidence presented as a part of the case against the applicant, the applicant can file a motion for a evidence presented as a part of the case against the applicant, the applicant can file a motion for a
new trial or resentencing, as appropriate, notwithstanding any law that would bar the motion as new trial or resentencing, as appropriate, notwithstanding any law that would bar the motion as
untimely.untimely.~~118~~120 Under current law, Under current law,
~~the court shall grant the~~ the court shall grant the motion of themotion of the ~~applicant~~ applicant for a new trial or resentencing,for a new trial or resentencing, as as
appropriate, if the DNA test results, when considered with all other evidence in the case appropriate, if the DNA test results, when considered with all other evidence in the case
(regardless(regardless ~~of whether such evidence was introduced at~~ of whether such evidence was introduced at trial), establishtrial), establish by by compelling compelling
evidence that a new trial would result in an acquittal of— evidence that a new trial would result in an acquittal of—
(A) in the case of a motion for a new trial, the Federal offense for which the applicant is (A) in the case of a motion for a new trial, the Federal offense for which the applicant is
sentenced to imprisonment or death; and sentenced to imprisonment or death; and
(B) in the case of a motion for resentencing, another Federal or State offense, if evidence (B) in the case of a motion for resentencing, another Federal or State offense, if evidence
of such offense was admitted during a Federal sentencing hearing and exoneration of such of such offense was admitted during a Federal sentencing hearing and exoneration of such
offense would entitle the applicant to a reduced sentence or a new sentencing proceeding.offense would entitle the applicant to a reduced sentence or a new sentencing proceeding.~~119~~

~~114 18 U.S.C. §3600(f)(1).~~
~~115~~121 115 18 U.S.C. §3600(e)(3)(C). 116 18 U.S.C. §3600(f)(1). 117 Each prisoner serving a term of imprisonment of more than one year, but not prisoners serving a life sentence, can Each prisoner serving a term of imprisonment of more than one year, but not prisoners serving a life sentence, can
receive a good time credit of up to 54 days per year to count toward serving the sentence. receive a good time credit of up to 54 days per year to count toward serving the sentence. ~~T he~~The amount of the credit is amount of the credit is
subjectsubject to the determination of BOP. 18 U.S.C. §3624(b). to the determination of BOP. 18 U.S.C. §3624(b).
~~116~~118 18 U.S.C. 18 U.S.C. §3600(f)(2). §3600(f)(2).
~~117~~119 18 U.S.C. 18 U.S.C. §3600(f)(3). §3600(f)(3).
~~118~~120 18 U.S.C. 18 U.S.C. §3600(g)(1). §3600(g)(1).
~~119~~121 18 U.S.C. 18 U.S.C. §3600(g)(2). §3600(g)(2).
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DNA Exonerations
The first DNA exoneration occurred in 1989, and since then 375 persons across 37 states have been exonerated The first DNA exoneration occurred in 1989, and since then 375 persons across 37 states have been exonerated
using DNA.using DNA.~~120~~122 These exonerees These exonerees were on average 26.6 years old at the time of their conviction and were were on average 26.6 years old at the time of their conviction and were
incarcerated for an average of 14 years.incarcerated for an average of 14 years. Sixty percent of the exonereesSixty percent of the exonerees were African American.were African American. One hundred and One hundred and
thirty of the exonereesthirty of the exonerees were wrongful y convicted for murder,were wrongful y convicted for murder, and 21 servedand 21 served time on death row.time on death row. Twenty-nine Twenty-nine
percent of these convictions involved a false confession,percent of these convictions involved a false confession, and 31% of those who gave false confessions wereand 31% of those who gave false confessions were 18 18
years old or younger when they wereyears old or younger when they were arrested and 9% had known mental health and/or mental capacity issues.arrested and 9% had known mental health and/or mental capacity issues.
Preservation of Biological Evidence
Most law enforcement agencies and forensic laboratories retain the DNA samples from which Most law enforcement agencies and forensic laboratories retain the DNA samples from which
they generated CODIS profiles to confirm the accuracy of a hit made in the NDIS and provide for they generated CODIS profiles to confirm the accuracy of a hit made in the NDIS and provide for
a retest of the sample if new technology is developed.a retest of the sample if new technology is developed.~~121~~123 The Justice for The Justice for Al All Act P.L. 108-405, Act P.L. 108-405,
among other things, established standards for preserving biological evidence. Under current among other things, established standards for preserving biological evidence. Under current
law,law,~~122~~124 the federal government is required to preserve biological the federal government is required to preserve biological ~~evidence123~~evidence125 that was secured in that was secured in
the investigation or prosecution of a federal offense, if a defendant was imprisoned for the the investigation or prosecution of a federal offense, if a defendant was imprisoned for the
offense, offense, ~~unless124~~unless126
 “after a conviction becomes final and the defendant has exhausted  “after a conviction becomes final and the defendant has exhausted al
all opportunities for direct review of the conviction, the defendant is notified that the opportunities for direct review of the conviction, the defendant is notified that the
evidence may be destroyed and the defendant does not file a motion [for post-evidence may be destroyed and the defendant does not file a motion [for post-
conviction DNA testing] within 180 days of receipt of notice”; conviction DNA testing] within 180 days of receipt of notice”;
 “the evidence must be returned to its rightful owner, or it is of such size, bulk, or  “the evidence must be returned to its rightful owner, or it is of such size, bulk, or
physical character as to render retention impracticable and the [g]overnment physical character as to render retention impracticable and the [g]overnment
takes reasonable measures to remove and preserve portions of the evidence takes reasonable measures to remove and preserve portions of the evidence
sufficient to permit future DNA testing”; or sufficient to permit future DNA testing”; or
 the evidence has been the subject of post-conviction DNA testing (see above) and  the evidence has been the subject of post-conviction DNA testing (see above) and
the results of the testing demonstrate that the defendant was the source of the the results of the testing demonstrate that the defendant was the source of the
evidence. evidence.
Grants for DNA-Related Programs
Several grant programs provide assistance to state and local governments for forensic sciences. Several grant programs provide assistance to state and local governments for forensic sciences.
The bulk of the programs focus on providing state and local governments with funding to reduce The bulk of the programs focus on providing state and local governments with funding to reduce
the backlog of forensic and offender samples waiting to be processed and entered into the NDIS. the backlog of forensic and offender samples waiting to be processed and entered into the NDIS.
However, some grant programs provide funding for other purposes, such as offsetting the cost of However, some grant programs provide funding for other purposes, such as offsetting the cost of
providing post-conviction DNA testing. This section of the report provides a brief overview of providing post-conviction DNA testing. This section of the report provides a brief overview of
grants for forensic sciences. grants for forensic sciences.

~~120 T he~~ 122 The Innocence Project, Innocence Project, DNA exonerations in the United States, https://www.innocenceproject.org/dna-exonerations-, https://www.innocenceproject.org/dna-exonerations-
in-the-united-states/. in-the-united-states/.
~~121~~123 Fundamentals of Forensic DNA Fundamentals of Forensic DNA ~~T yping~~ Typing, p. 262. , p. 262.
~~122~~124 18 U.S.C. 18 U.S.C. §3600A(a). §3600A(a).
~~123~~125 Biological evidence is defined is defined as a sexualas a sexual assault forensic examination kit, or semen, blood, saliva, hair, skin tissue, assault forensic examination kit, or semen, blood, saliva, hair, skin tissue,
or other identified biologicalor other identified biological material. 18 U.S.C.material. 18 U.S.C. §3600A(b). §3600A(b).
~~124~~126 18 U.S.C. 18 U.S.C. §3600A(c). §3600A(c).
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Debbie Smith DNA Backlog Grant Program
The Debbie Smith DNA Backlog Grant Program (Debbie Smith grants) provides grants to state The Debbie Smith DNA Backlog Grant Program (Debbie Smith grants) provides grants to state
and local governments for nine major purposes: and local governments for nine major purposes:
1. analyzing 1. analyzing DNA samples “collected under applicableDNA samples “collected under applicable ~~legal~~ legal authority” for authority” for
inclusion in CODIS; inclusion in CODIS;~~125~~127
2. analyzing 2. analyzing DNA samples from crime scenes for inclusion in CODIS, if possible DNA samples from crime scenes for inclusion in CODIS, if possible
prioritizing prioritizing “samples from rape kits, samples from other sexual assault evidence, “samples from rape kits, samples from other sexual assault evidence,
and samples taken in cases without an identified suspect”and samples taken in cases without an identified suspect”~~126~~128; ;
3. increasing the capacity of state and local laboratories to complete DNA analyses; 3. increasing the capacity of state and local laboratories to complete DNA analyses;
4. DNA sample collection; 4. DNA sample collection;
5. improving the timeliness of DNA 5. improving the timeliness of DNA analysis for crime scene samples, including analysis for crime scene samples, including
those from incidents of sexual assault and violent crimes; those from incidents of sexual assault and violent crimes;
6. establishing procedures for DNA collection from arrestees as consistent with 6. establishing procedures for DNA collection from arrestees as consistent with
federal, state, local, or tribal law; federal, state, local, or tribal law;
7. auditing 7. auditing untested samples from sexual assault evidence in the possession of state untested samples from sexual assault evidence in the possession of state
and local governments; and local governments;
8. improving law enforcement agencies’ practices and timeliness for DNA 8. improving law enforcement agencies’ practices and timeliness for DNA
collection and processing, particularly for sexual assault and other violent crimes; collection and processing, particularly for sexual assault and other violent crimes;
and and
9. improving state and local prosecutors’ capacity to “address the backlog of violent 9. improving state and local prosecutors’ capacity to “address the backlog of violent
crime cases in which suspects have been identified through DNA evidence.” crime cases in which suspects have been identified through DNA evidence.”~~127~~
129 The Katie Sepich Enhanced DNA Collection Act of 2012 (P.L. 112-253) amended the Debbie The Katie Sepich Enhanced DNA Collection Act of 2012 (P.L. 112-253) amended the Debbie
Smith program to set aside up to $10 Smith program to set aside up to $10 ~~mil ion~~ million of the amount appropriated for Debbie Smith grants of the amount appropriated for Debbie Smith grants
for FY2013-FY2015 to assist states and territories with the costs associated with collecting DNA for FY2013-FY2015 to assist states and territories with the costs associated with collecting DNA
samples from arrestees (assuming there is statutory authority in the state to collect DNA samples samples from arrestees (assuming there is statutory authority in the state to collect DNA samples
from people arrested for certain offenses).from people arrested for certain offenses).~~128~~130 The Sexual Assault Forensic Evidence Reporting Act The Sexual Assault Forensic Evidence Reporting Act
of 2013 (the SAFER Act of 2013, Title X of P.L. 113-4) added two new purposes for the Debbie of 2013 (the SAFER Act of 2013, Title X of P.L. 113-4) added two new purposes for the Debbie
Smith grants (listed seventh and eighth in the list above).Smith grants (listed seventh and eighth in the list above).
The Attorney General is required to award these funds using a formula and grant conditions that The Attorney General is required to award these funds using a formula and grant conditions that
maximize the use of DNA technology to solve crimes and to address the needs of jurisdictions maximize the use of DNA technology to solve crimes and to address the needs of jurisdictions
with large backlogs.with large backlogs.~~129~~131 In making these awards, the Attorney General is directed to weigh three In making these awards, the Attorney General is directed to weigh three
aspects of a given jurisdiction: the number of offender and forensic samples awaiting analysis, the aspects of a given jurisdiction: the number of offender and forensic samples awaiting analysis, the
population, and the number of violent crimes.population, and the number of violent crimes.~~130~~132 Current law requires DOJ to award not less than Current law requires DOJ to award not less than
0.5% of the total amount appropriated each fiscal year to each state0.5% of the total amount appropriated each fiscal year to each state ~~and the District of~~

~~125 34 U.S.C. §40701(a).~~
~~126 34 U.S.C. §40701(a).~~
~~127 34 U.S.C. §40701(a).~~
~~128~~, Puerto Rico, and the District 127 34 U.S.C. §40701(a). 128 34 U.S.C. §40701(a). 129 34 U.S.C. §40701(a). 130 According to the National Conference of State Legislatures, as of 2018 (the most recent report), 31 states have laws According to the National Conference of State Legislatures, as of 2018 (the most recent report), 31 states have laws
allowingallowing for the collection and analysis of DNA samples from arrestees. For more detail, see http://www.ncsl.org/for the collection and analysis of DNA samples from arrestees. For more detail, see http://www.ncsl.org/
Documents/cj/Arrestee_DNA_Laws.pdf. Documents/cj/Arrestee_DNA_Laws.pdf.
~~129~~131 34 U.S.C. 34 U.S.C. §40701(c). §40701(c).
~~130~~132 34 U.S.C. 34 U.S.C. §40701(c). §40701(c).
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of Columbia.Columbia.~~131 Each territory132~~133 Each territory134 is to receive 0.125% of the total appropriation. is to receive 0.125% of the total appropriation.~~133~~135 DOJ may award DOJ may award
not more than 1% of total grant funding each fiscal year to offset the cost of accrediting and not more than 1% of total grant funding each fiscal year to offset the cost of accrediting and
auditing laboratories.auditing laboratories.~~134~~136
Agencies receiving a grant under the program are required to certify that DNA analyses are Agencies receiving a grant under the program are required to certify that DNA analyses are
conducted in laboratories that satisfy the FBI’s QAS and are operated either by a state or local conducted in laboratories that satisfy the FBI’s QAS and are operated either by a state or local
government, or by a private laboratory under contract with the state or local government.government, or by a private laboratory under contract with the state or local government.~~135~~137
Grants for analyses of DNA samples can be made in the form of a contract or voucher for Grants for analyses of DNA samples can be made in the form of a contract or voucher for
laboratory services at nonprofit or for-profit laboratories that satisfy the QAS and have been laboratory services at nonprofit or for-profit laboratories that satisfy the QAS and have been
approved by the Attorney General.approved by the Attorney General.~~136~~
138 State and local governments receiving funding under the program are required to submit a report State and local governments receiving funding under the program are required to submit a report
to DOJ with a summary of the activities, an assessment of whether such activities are meeting the to DOJ with a summary of the activities, an assessment of whether such activities are meeting the
needs identified in the grant application, and other information the Attorney General may require. needs identified in the grant application, and other information the Attorney General may require.
The SAFER Act of 2013 established a series of conditions for states or units of local government The SAFER Act of 2013 established a series of conditions for states or units of local government
receiving a grant under the Debbie Smith program to conduct an audit of their sexual assault receiving a grant under the Debbie Smith program to conduct an audit of their sexual assault
evidence. The act, among other things, requires states and local governments receiving grants for evidence. The act, among other things, requires states and local governments receiving grants for
this purpose to (1) submit a plan for performing an audit of samples, (2) provide an estimate of this purpose to (1) submit a plan for performing an audit of samples, (2) provide an estimate of
the number of samples, (3) complete the audit within one year of receiving the grant, and (4) the number of samples, (3) complete the audit within one year of receiving the grant, and (4)
submit a report to DOJ every 60 days for at least one year after the audit is completed that submit a report to DOJ every 60 days for at least one year after the audit is completed that
provides data on the number of samples in the state’s or unit of local government’s possession provides data on the number of samples in the state’s or unit of local government’s possession
along with data on new sexual assault evidence the state or local government receives and how along with data on new sexual assault evidence the state or local government receives and how
those samples are being processed. those samples are being processed.
The SAFER Act of 2013 also requires the FBI, in consultation with federal, state, and local law The SAFER Act of 2013 also requires the FBI, in consultation with federal, state, and local law
enforcement agencies, to develop protocols and practices for the accurate, timely, and effective enforcement agencies, to develop protocols and practices for the accurate, timely, and effective
collection and processing of DNA evidence, including protocols and practices specific to sexual collection and processing of DNA evidence, including protocols and practices specific to sexual
assault cases. The protocols and practices are required to address (1) what evidence should be assault cases. The protocols and practices are required to address (1) what evidence should be
collected by law enforcement and forwarded for testing and the order in which that evidence collected by law enforcement and forwarded for testing and the order in which that evidence
should be tested, (2) a reasonable period of time for evidence to be forwarded to a laboratory for should be tested, (2) a reasonable period of time for evidence to be forwarded to a laboratory for
testing, (3) a reasonable period of time in which each stage of laboratory testing should be testing, (3) a reasonable period of time in which each stage of laboratory testing should be
conducted, (4) a system to encourage communication between actors in the criminal justice conducted, (4) a system to encourage communication between actors in the criminal justice
system (e.g., law enforcement, courts, laboratory personnel, and crime victims) about the status of system (e.g., law enforcement, courts, laboratory personnel, and crime victims) about the status of
evidence testing, and (5) standards for audits of sexual assault evidence in the possession of state evidence testing, and (5) standards for audits of sexual assault evidence in the possession of state
and local governments. The SAFER Act of 2017 reauthorized and extended these provisions until and local governments. The SAFER Act of 2017 reauthorized and extended these provisions until
FY2023 (P.L. 115-107).FY2023 (P.L. 115-107).
Debbie Smith grants were Debbie Smith grants were ~~original y~~originally authorized under the Justice for authorized under the Justice for Al All Act (P.L. 108-405). The Act (P.L. 108-405). The
law amended the DNA Backlog Eliminationlaw amended the DNA Backlog Elimination Act of 2000,Act of 2000,~~137~~139 authorizing appropriations of $151 authorizing appropriations of $151
~~mil ion~~ million for each fiscal year from FY2004 to FY2009. The program was reauthorized under the for each fiscal year from FY2004 to FY2009. The program was reauthorized under the
Debbie Smith Reauthorization Act of 2008 (P.L. 110-360), which authorized appropriations of Debbie Smith Reauthorization Act of 2008 (P.L. 110-360), which authorized appropriations of
$151 $151 ~~mil ion~~ million from FY2009 to FY2014. The Debbie Smith Reauthorization Act of 2014 (P.L. 113-from FY2009 to FY2014. The Debbie Smith Reauthorization Act of 2014 (P.L. 113-

~~131 34 U.S.C. §40701(c).~~
~~132 T he~~ 133 34 U.S.C. §40701(c). 134 The territories are as follows: territories are as follows: ~~U.S. Virgin~~ U.S. Virgin Islands,Islands, American Samoa, Guam,American Samoa, Guam, and the Northern Mariana Islands. and the Northern Mariana Islands.
~~133~~135 34 U.S.C. 34 U.S.C. §40701(c). §40701(c).
~~134~~136 34 U.S.C. 34 U.S.C. §40701(k). §40701(k).
~~135~~137 34 U.S.C. 34 U.S.C. §40701(d). §40701(d).
~~136~~138 34 U.S.C. 34 U.S.C. §40701(d). §40701(d).
~~137 T he~~139 The DNA Backlog DNA Backlog Elimination Act of 2000 (P.L. 106-546) authorized grants to increase the capacity of state and Elimination Act of 2000 (P.L. 106-546) authorized grants to increase the capacity of state and
local government laboratories to conduct DNA analysis of local government laboratories to conduct DNA analysis of ~~bio logical~~biological samples from crime scenes. samples from crime scenes.
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182) extended the $151 182) extended the $151 ~~mil ion~~ million per fiscal year authorization until FY2019. The Debbie Smith per fiscal year authorization until FY2019. The Debbie Smith
Reauthorization Act of 2019 (P.L. 116-104) reauthorized the program at $151 Reauthorization Act of 2019 (P.L. 116-104) reauthorized the program at $151 ~~mil ion~~million per fiscal per fiscal
year until FY2024. For year until FY2024. For ~~FY2021~~FY2022, Congress appropriated $, Congress appropriated $~~110 mil ion~~120 million for the Debbie Smith for the Debbie Smith
program. program.
Sexual Assault Forensic Exam Program
This program provides grants for training, technical assistance, education, equipment, and This program provides grants for training, technical assistance, education, equipment, and
information relating to the identification, collection, preservation, analysis, and use of DNA information relating to the identification, collection, preservation, analysis, and use of DNA
samples and evidence by medical personnel and those treating victims of sexual assault. The samples and evidence by medical personnel and those treating victims of sexual assault. The
Debbie Smith Reauthorization Act of 2019 (P.L. 116-104) reauthorized the program at $30 Debbie Smith Reauthorization Act of 2019 (P.L. 116-104) reauthorized the program at $30
~~mil ion~~ million per fiscal year until FY2024. In per fiscal year until FY2024. In ~~FY2021~~FY2022, Congress appropriated $4 , Congress appropriated $4 ~~mil ion~~million for this for this
program. program.
DNA Training and Education for Law Enforcement, Correctional
Personnel, and Court Officers Program
This program requires the Attorney General to make grants to provide training, technical This program requires the Attorney General to make grants to provide training, technical
assistance, education, and information regarding the identification, collection, preservation, assistance, education, and information regarding the identification, collection, preservation,
analysis, and use of DNA samples and evidence by law enforcement personnel, court officers, analysis, and use of DNA samples and evidence by law enforcement personnel, court officers,
forensic science professionals, and corrections personnel. The Debbie Smith Reauthorization Act forensic science professionals, and corrections personnel. The Debbie Smith Reauthorization Act
of 2019 (P.L. 116-104) reauthorized the program at more than $12 of 2019 (P.L. 116-104) reauthorized the program at more than $12 ~~mil ion~~million per fiscal year until per fiscal year until
~~FY2024. In FY2021, Congress al owed~~FY2024. For FY2022, up to 4% of funds appropriated for the Debbie Smith up to 4% of funds appropriated for the Debbie Smith
program program tomay be used for this purpose. be used for this purpose.
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
The Kirk Bloodsworth DNA Post-Conviction DNA Testing Grant program was authorized by the The Kirk Bloodsworth DNA Post-Conviction DNA Testing Grant program was authorized by the
Justice for Justice for Al All Act (P.L. 108-405). The act authorized the Attorney General to make grants to Act (P.L. 108-405). The act authorized the Attorney General to make grants to
states to help defray the costs of post-conviction DNA testing programs that may establish states to help defray the costs of post-conviction DNA testing programs that may establish
innocence for violent felony offenses. The act authorized appropriations of $5 innocence for violent felony offenses. The act authorized appropriations of $5 ~~mil ion~~million each fiscal each fiscal
year from FY2005 to FY2009. The Justice for year from FY2005 to FY2009. The Justice for Al All Reauthorization Act of 2016 (P.L. 114-324) Reauthorization Act of 2016 (P.L. 114-324)
reauthorized appropriations for this program at $5 reauthorized appropriations for this program at $5 ~~mil ion~~ million per fiscal year for FY2017 to FY2021. per fiscal year for FY2017 to FY2021.
~~For FY2021~~For FY2022, Congress appropriated $, Congress appropriated $~~8 mil ion~~12 million for this program. for this program.
DNA Research and Development Grants
The Justice for The Justice for Al All Act authorized grants for research and development for improving forensic Act authorized grants for research and development for improving forensic
DNA technology, including increasing the accuracy and efficiency of DNA analysis, decreasing DNA technology, including increasing the accuracy and efficiency of DNA analysis, decreasing
the time and expense of conducting DNA analysis, and increasing its portability. In addition, the the time and expense of conducting DNA analysis, and increasing its portability. In addition, the
law authorized grants for demonstration projects to evaluate the use of DNA technology in law authorized grants for demonstration projects to evaluate the use of DNA technology in
conjunction with other forensic analyses. The act authorized funding of $15 conjunction with other forensic analyses. The act authorized funding of $15 ~~mil ion~~million each fiscal each fiscal
year for FY2005 to FY2009. The Justice for year for FY2005 to FY2009. The Justice for Al All Reauthorization Act of 2016 (P.L. 114-324) Reauthorization Act of 2016 (P.L. 114-324)
reauthorized appropriations for this program at $5 reauthorized appropriations for this program at $5 ~~mil ion~~ million per year for FY2017 to FY2021. per year for FY2017 to FY2021.
Congress did not appropriate funds for this program in Congress did not appropriate funds for this program in ~~FY2021~~FY2022. .
Sexual Assault Kit Initiative (SAKI)
SAKI funds SAKI funds may be used to address both the current backlog of sexual assault kits (SAKs) and efforts to prevent address both the current backlog of sexual assault kits (SAKs) and efforts to prevent
any future backlogs. SAKI funds may be used to inventory and test unsubmittedany future backlogs. SAKI funds may be used to inventory and test unsubmitted ~~SAKs, pursue~~
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SAKs, pursue new investigations and prosecutions, support victims, create evidence-tracking systems, train law new investigations and prosecutions, support victims, create evidence-tracking systems, train law
enforcement in sexual assault investigations, fund research on the outcomes of sexual assault enforcement in sexual assault investigations, fund research on the outcomes of sexual assault
cases, and “increase collection of offender DNA for CODIS upload purposes (in full adherence to cases, and “increase collection of offender DNA for CODIS upload purposes (in full adherence to
the laws in the jurisdiction), that may lead to the identification of serious and serial sex the laws in the jurisdiction), that may lead to the identification of serious and serial sex
offenders.”offenders.”~~138~~140 Since the initiative’s launch in 2015, more than 130,000 SAKs have been Since the initiative’s launch in 2015, more than 130,000 SAKs have been
inventoried, more than 71,000 kits have been submitted to labs for testing, and about 11,000 DNA inventoried, more than 71,000 kits have been submitted to labs for testing, and about 11,000 DNA
hits have been made in CODIS.hits have been made in CODIS.~~139 For FY2021~~141 For FY2022, Congress appropriated $, Congress appropriated $~~48 mil ion~~50 million for this for this
initiative.initiative.
Emmett Till Cold Case Investigations Program
Under this program, DOJ is authorized to make grants to state or local law enforcement agencies Under this program, DOJ is authorized to make grants to state or local law enforcement agencies
for expenses associated with the investigation and prosecution of criminal offenses involving civil for expenses associated with the investigation and prosecution of criminal offenses involving civil
rights violations that occurred not later than December 31, 1979,rights violations that occurred not later than December 31, 1979,~~140~~142 and resulted in a death. The and resulted in a death. The
Emmett Emmett ~~Til~~ Till Unsolved CivilUnsolved Civil Rights Crime Act of 2007 (P.L. 110-344) authorized $2.0 Rights Crime Act of 2007 (P.L. 110-344) authorized $2.0 ~~mil ion~~
million each fiscal year from FY2008 to FY2017 for this program. The Emmett each fiscal year from FY2008 to FY2017 for this program. The Emmett ~~Til~~ Till Unsolved Civil Unsolved Civil
Rights Crimes Reauthorization Act of 2016 (P.L. 114-325) reauthorized this program at $2 Rights Crimes Reauthorization Act of 2016 (P.L. 114-325) reauthorized this program at $2
~~mil ion~~ million each fiscal year from FY2017 to FY2027. For each fiscal year from FY2017 to FY2027. For ~~FY2021~~FY2022, Congress appropriated $, Congress appropriated $~~2 mil ion~~
3 million for this program. for this program.
Table 1. Appropriations for DNA-Related Programs, FY2016-~~FY2021~~
~~(in mil ions of dol ars~~FY2022 (in millions of dollars) )

FY2016
FY2017
FY2018
FY2019
FY2020
FY2021 FY2022
Debbie Smith DNA Backlog Grant Debbie Smith DNA Backlog Grant
117. 117.0a
117. 117.0a
120. 120.0a
120. 120.0a
102. 102.0a
110 110.0a 120..0a
Program Program
Sexual Assault Forensic Sexual Assault Forensic Exam Program Exam Program
4.0 4.0
4.0 4.0
4.0 4.0
4.0 4.0
4.0 4.0
4.0 4.0
~~Kirk~~ 4.0 Kirk Bloodsworth Post-Conviction Bloodsworth Post-Conviction
4.0 4.0
4.0 4.0
6.0 6.0
6.0 6.0
7.0 7.0
8.0 8.0
12.0 DNA Testing Grant Program DNA Testing Grant Program
DNA Research and Development DNA Research and Development
— —
— —
— —
— —
— —
— — —
Grants Grants
Sexual Assault Kit Initiative Sexual Assault Kit Initiative
45.0 45.0
45.0 45.0
47.5 47.5
48.0 48.0
48.0 48.0
48.0 48.0
50.0 Emmett Til Cold Case Investigations Emmett Til Cold Case Investigations
— —
— —
— —
— —
2.0 2.0
2.0 2.0
3.0 Program Program
Source: FY2016 enacted taken from P.L.: FY2016 enacted taken from P.L. 114-113. FY2017 enacted taken from P.L.114-113. FY2017 enacted taken from P.L. 115-31. FY2018 enacted 115-31. FY2018 enacted
taken from P.L.taken from P.L. 115-141. FY2019 enacted taken from P.L.115-141. FY2019 enacted taken from P.L. 116-6. FY2020 enacted taken from P.L.116-6. FY2020 enacted taken from P.L. 116-93. FY2021 116-93. FY2021
enacted taken from P.L. 116-260.enacted taken from P.L. 116-260. FY2022 enacted taken from P.L. 117-103.
a. DOJ is authorized to use up to 4% of the funding provided for the Debbie Smith DNA Backloga. DOJ is authorized to use up to 4% of the funding provided for the Debbie Smith DNA Backlog Grant Grant
program for the purposes authorized under the DNA Training and Education for Law Enforcement, program for the purposes authorized under the DNA Training and Education for Law Enforcement,
CorrectionalCorrectional Personnel,Personnel, and Court Officersand Court Officers ~~Program~~

~~138~~ Program 140 Department of Justice, Bureau of Justice Programs, Sexual Department of Justice, Bureau of Justice Programs, Sexual ~~Assault~~ Assault Kit Initiative (SAKI), Kit Initiative (SAKI), Overview, ,
https://bja.ojp.gov/program/sexual-assaulthttps://bja.ojp.gov/program/sexual-assault -kit-initiative-saki/overview (hereinafter, “SAKI Overview”). -kit-initiative-saki/overview (hereinafter, “SAKI Overview”).
~~139~~141 SAKI SAKI Overview. Overview.
~~140 T his~~142 This date was date was originally set for December 31, 1969. originally set for December 31, 1969. ~~T he~~The 2016 reauthorization changed the year to 1979. 2016 reauthorization changed the year to 1979.
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Going Forward
As highlighted above, the use of DNA in the criminal justice system is constantly evolving to take As highlighted above, the use of DNA in the criminal justice system is constantly evolving to take
advantage of the rapid pace of scientific and technological improvements. There are several advantage of the rapid pace of scientific and technological improvements. There are several
issues raised here that policymakers may wish to consider. See the following, for example: issues raised here that policymakers may wish to consider. See the following, for example:
  Rapid DNA Tests. Rapid DNA technology offers an opportunity to process Rapid DNA technology offers an opportunity to process
certain types of DNA samples much more quickly and certain types of DNA samples much more quickly and ~~potential y~~potentially lessen the lessen the
demands on crime labs. Congress might consider legislation or grant funding on demands on crime labs. Congress might consider legislation or grant funding on
the use of this technology. However, Rapid DNA also has important limitations, the use of this technology. However, Rapid DNA also has important limitations,
particularly in its usefulness for crime scene samples. Thus, Congress might also particularly in its usefulness for crime scene samples. Thus, Congress might also
consider legislation aligning with FBI guidance prohibiting the use of Rapid consider legislation aligning with FBI guidance prohibiting the use of Rapid
DNA machines on crime scene DNA samples. DNA machines on crime scene DNA samples. ~~Final y~~Finally, Immigration and Customs , Immigration and Customs
Enforcement (ICE) recently expanded a program to use Rapid DNA tests to Enforcement (ICE) recently expanded a program to use Rapid DNA tests to
verify familialverify familial relationships between people “entering or attempting to enter” the relationships between people “entering or attempting to enter” the
United States at the southwest border.United States at the southwest border.~~141~~143 Congress might question whether DNA Congress might question whether DNA
profiles obtained by ICE should be stored in CODIS, particularly profiles created profiles obtained by ICE should be stored in CODIS, particularly profiles created
for minors. for minors.
  DNA Expungement. Congress might consider the low rate of DNA Congress might consider the low rate of DNA
expungement discussed earlier in this report by authorizing procedures for expungement discussed earlier in this report by authorizing procedures for
automatic, or state-initiated, expungement of DNA obtained from arrestees who automatic, or state-initiated, expungement of DNA obtained from arrestees who
are never charged, are acquitted, or whose conviction was overturned. are never charged, are acquitted, or whose conviction was overturned.
Developing a process by which individuals can have their DNA expunged from Developing a process by which individuals can have their DNA expunged from
an SDIS is currently a condition for access to the NDIS. The Katie Sepich an SDIS is currently a condition for access to the NDIS. The Katie Sepich
Enhanced DNA Collection Act of 2012 (P.L. 112-253) included conditions that Enhanced DNA Collection Act of 2012 (P.L. 112-253) included conditions that
grantees must provide written notification of DNA expungement policies to grantees must provide written notification of DNA expungement policies to
people who had samples collected, list eligibilitypeople who had samples collected, list eligibility requirements and instructions requirements and instructions
for requesting expungement on a public website, and make expungement for requesting expungement on a public website, and make expungement
decisions within 90 days of receiving an expungement request. Congress might decisions within 90 days of receiving an expungement request. Congress might
consider attaching similar provisions to future legislation or federal grants; consider attaching similar provisions to future legislation or federal grants;
however, adopting more stringent expungement policies may be costly for states however, adopting more stringent expungement policies may be costly for states
in terms of both staff and resources required. in terms of both staff and resources required.
  Sexual Assault Kit Backlog. Congress has created several federal grants to Congress has created several federal grants to
address the sexual assault kit backlog; however, policymakers could examine address the sexual assault kit backlog; however, policymakers could examine
further actions such as developing an Electronic Evidence Exchange Standard further actions such as developing an Electronic Evidence Exchange Standard
(see the NIJ’s handbook of National Best Practices for Sexual Assault Kits for (see the NIJ’s handbook of National Best Practices for Sexual Assault Kits for
additional considerations).additional considerations).~~142~~

~~141 U.S.~~ 144 143 U.S. Immigrations and Customs Enforcement, “Ice Awards NewImmigrations and Customs Enforcement, “Ice Awards New Contract for Rapid DNA Contract for Rapid DNA ~~T esting~~Testing at Southwest at Southwest
Border, Expands Pilot Program,” press release, June, 18, 2019, https://www.ice.gov/news/releases/ice-awards-new-Border, Expands Pilot Program,” press release, June, 18, 2019, https://www.ice.gov/news/releases/ice-awards-new-
contractcontract -rapid-dna-testing-southwest-rapid-dna-testing-southwest -border-expands-pilot-border-expands-pilot -program. -program.
~~142~~ 144 National Institute of Justice, “National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach,” National Institute of Justice, “National Best Practices for Sexual Assault Kits: A Multidisciplinary Approach,”
https://www.ncjrs.gov/pdffiles1/nij/250384.pdfhttps://www.ncjrs.gov/pdffiles1/nij/250384.pdf.
; for more information on addressing the sexual assault kit backlog, see CRS Report R44237, Sexual Assault Kits (SAKs) and the Backlog of Untested Sexual Assault Evidence: In Brief. Congressional Research Service Congressional Research Service

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Author Information

EmilyEmily J. Hanson J. Hanson

Analyst in Social Policy Analyst in Social Policy

Disclaimer
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