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