Page:United States Statutes at Large Volume 118.djvu/2299

 118 STAT. 2269 PUBLIC LAW 108–405—OCT. 30, 2004 ‘‘(3) in the form of additional grants to nonprofit profes sional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System. ‘‘(l) USE OF FUNDS FOR OTHER FORENSIC SCIENCES.—The Attorney General may award a grant under this section to a State or unit of local government to alleviate a backlog of cases with respect to a forensic science other than DNA analysis if the State or unit of local government— ‘‘(1) certifies to the Attorney General that in such State or unit— ‘‘(A) all of the purposes set forth in subsection (a) have been met; ‘‘(B) a significant backlog of casework is not waiting for DNA analysis; and ‘‘(C) there is no need for significant laboratory equip ment, supplies, or additional personnel for timely DNA processing of casework or offender samples; and ‘‘(2) demonstrates to the Attorney General that such State or unit requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis. ‘‘(m) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—In the event that a laboratory operated by a State or unit of local government which has received funds under this Act has undergone an external audit conducted to determine whether the laboratory is in compli ance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as prac ticable.’’. SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM. (a) INCLUSION OF ALL DNA SAMPLES FROM STATES.—Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended— (1) in subsection (a)(1), by striking ‘‘of persons convicted of crimes;’’ and inserting the following: ‘‘of— ‘‘(A) persons convicted of crimes; ‘‘(B) persons who have been charged in an indictment or information with a crime; and ‘‘(C) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA pro files from arrestees who have not been charged in an indictment or information with a crime, and DNA samples that are voluntarily submitted solely for elimination pur poses shall not be included in the National DNA Index System;’’; and (2) in subsection (d)(2)— (A) by striking ‘‘if the responsible agency’’ and inserting ‘‘if— ‘‘(i) the responsible agency’’; (B) by striking the period at the end and inserting ‘‘; or’’; and

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