The No Suspect Casework DNA Backlog Reduction Program

Audit Report No. 05-02
November 2004
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 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.

DNA Analysis Backlog Elimination Act of 2000

This Act provides 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 or from samples taken from crime scenes. The Act also authorizes grants used to increase the capacity of laboratories owned by a state or by units of local government within the state to carry out DNA analyses of samples taken from crime scenes. This Act was signed into law on December 19, 2000, and part of funding for the Program for FY 2001 was included in a $35 million appropriation for programs authorized under this Act.

Our tests revealed that OJP complied with the above legislation.