2. DOJ’s Capacity Enhancement and Backlog Reduction Grant Program

The CEBR grant program is administered by the National Institute of  Justice (NIJ), a component within OJP. NIJ, the research arm of DOJ, is  responsible for evaluating programs and policies that respond to crime,  and providing and administering awards for DNA analysis and forensic  activities, among other criminal justice activities. CEBR has broad participation from  states and local jurisdictions. Preliminary Analysis of CEBR Data Show that the Backlog of Requests for Crime Scene DNA Analysis Is Increasing and Stakeholders Attribute This to Various Factors

Our preliminary analysis of CEBR grant program data show that the  backlog of requests for crime scene DNA analysis has increased by 77  percent from 2011 through 2016, and that demand for such DNA analysis  has outpaced laboratory capacity. The reported growth in the aggregate backlog among CEBR  grantees is the result of labs receiving more requests than they were able  to complete over time, as shown in the figure below. Although reported aggregate trends show an increase in the backlog  among CEBR grantees, the data also reveal that this increase is not  uniform across all labs. In addition to the factors that have contributed to increased demand,  resource challenges and constraints on lab capacity are reported to have  helped contribute to crime scene evidence backlogs. Preliminary Results Show that DOJ Has Not Clearly Defined and Documented CEBR Grant Program Goals

DOJ’s NIJ has not defined CEBR program-wide goals in clear, specific,  and measurable terms. We identified statements in NIJ and CEBR  program documentation that communicated program-wide goals, but the  documentation did not consistently identify the same goals or cite the  same number of goals. These goals are specified as increasing laboratory capacity for  DNA analysis and reducing backlogs of DNA evidence awaiting analysis. We continue to evaluate CEBR program goals and we are in the process  of evaluating related CEBR performance measures as part of our ongoing  work. Preliminary Analysis Shows that OJP Has Established Controls for Conflicts of Interest Related to CEBR Grants, but Has Not Fully Established Controls Related to Lobbying

Our preliminary results show that OJP has controls to implement federal  requirements associated with conflicts of interest and some controls  related to lobbying that apply to both OJP CEBR grant administrators as  well as recipients of grant funding; however, OJP has not fully established  all appropriate controls related to lobbying. Additionally, 3 of 4 CEBR grantees we spoke  with were not aware of one or more of these requirements.
Why GAO Did This Study

Many state and local crime labs have backlogs of requests for DNA analysis of crime scene evidence, as reported by grantees participating in DOJ's CEBR grant program. These backlogs can include sexual assault kits. Since 2011, DOJ's Office of Justice Programs—the primary grant-making arm of DOJ—has awarded nearly $500 million to states and local jurisdictions through the CEBR grant program to help reduce DNA evidence awaiting analysis at crime labs. There have been concerns that these backlogs of unanalyzed evidence have enabled serial offenders to reoffend or have delayed justice.
This statement is based on preliminary observations and analyses from GAO's ongoing review of (1) the level of crime scene DNA evidence backlogs among CEBR grantees and the factors that contribute to such backlogs; (2) the extent to which DOJ has clearly defined goals for CEBR; and (3) the extent to which OJP has controls for CEBR related to federal conflicts of interest and lobbying requirements. To develop these preliminary findings, GAO reviewed CEBR grantee data from 2011-2016 (the latest data available) and studies relevant to the DNA backlog, visited selected labs, and interviewed DOJ officials, among others.

What GAO Found

GAO's preliminary analysis found that, among the Department of Justice's (DOJ) DNA Capacity Enhancement and Backlog Reduction Program (CEBR) grantees (state and local entities with forensic crime labs), the reported aggregated backlog of crime scene DNA analysis requests has increased by 77 percent from 2011-2016. The growth in this reported aggregate backlog is the result of labs receiving more requests than they were able to complete, although they were receiving and completing more requests, as shown in the figure below.
GAO's preliminary analysis also found that the National Institute of Justice (NIJ)—the component within DOJ's Office of Justice Programs (OJP) that is responsible for administering CEBR grants—has not defined CEBR program-wide goals in clear, specific, and measurable terms. Additionally, GAO's ongoing work identified statements in NIJ and CEBR program documentation that communicated program-wide goals, but the documentation did not consistently identify the same goals or cite the same number of goals. GAO continues to evaluate CEBR program goals and is in the process of evaluating related CEBR performance measures as part of its ongoing work.
GAO's preliminary analysis found that OJP has some controls to implement federal requirements associated with conflicts of interest and lobbying that apply to both OJP CEBR grant administrators as well as recipients of CEBR grant funding, but OJP has not fully established all appropriate controls related to lobbying.

What GAO Recommends

GAO is not making recommendations in this testimony but will consider them, as appropriate, as it finalizes its work.