Report No. 02-20
Office of the Inspector General
STATEMENT ON COMPLIANCE WITH LAWS AND REGULATIONS
As required by Government Auditing Standards, we tested OJP records and grant documents pertaining to the Program to obtain reasonable assurance about OJP's compliance with laws and regulations, that, if not complied with, we believe could have a material effect on the administration of the Program. Compliance with laws and regulations applicable to qualifying Program applicants for grant eligibility and to the administration of the Program grants is the responsibility of OJP management. An audit includes examining, on a test basis, evidence about compliance with laws and regulations. The pertinent legislation and the applicable regulations it contains are as follows:
DNA Identification Act of 1994
- authorized the establishment of a national 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;
- specified several standards for those laboratories that contribute profiles to the national index system, including proficiency testing requirements for DNA analysts and privacy protection standards related to the information in the national index system;
- established criminal penalties for individuals who knowingly violate the privacy protection standards and provided that access to the national index system was subject to cancellation if the quality control and privacy requirements were not met; and
- limited the use of grant funds to carrying out all or a substantial part of a program or project intended to develop or improve the capability to analyze DNA in a forensic laboratory. The federal share of grant funds was limited to 75 percent of the total cost of the project.
DNA Analysis Backlog Elimination Act of 2000
This Act provided for grants to be made to states to carry out, for inclusion in CODIS, DNA analyses of samples taken from individuals convicted of qualifying state offenses. This Act was signed into law on December 19, 2000, but no funds were appropriated in time to fund the first year of the Program.
Crime Information Technology Act
- provided for grants to be made to state governments to promote compatibility and integration of national, state, and local systems for criminal justice purposes and for the identification of sexual offenders; and
- detailed general allowable grant fund uses including "for programs to establish, develop, update, or upgrade the capabilities of forensic science programs and medical examiner programs related to the administration of criminal justice, including programs leading to accreditation or certification of individuals and departments, agencies, or laboratories, and programs relating to the identification and analysis of deoxyribonucleic acid...."
Our tests revealed that OJP complied with all applicable legislation.