[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2513

    To assess the extent of the backlog in DNA analysis of rape kit 
samples, and to improve investigation and prosecution of sexual assault 
                        cases with DNA evidence.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 14 (legislative day, May 9), 2002

Mr. Biden (for himself and Mrs. Clinton) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To assess the extent of the backlog in DNA analysis of rape kit 
samples, and to improve investigation and prosecution of sexual assault 
                        cases with DNA evidence.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``DNA Sexual Assault Justice Act of 
2002''.

SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF SAMPLES.

    (a) Assessment.--
            (1) In general.--The Attorney General shall survey each law 
        enforcement jurisdiction to assess the backlog of DNA testing 
        of rape kit samples and other sexual assault evidence.
            (2) Determinations.--The Attorney General, acting through 
        the Director of the National Institute of Justice, shall carry 
        out an assessment of Federal, State, local, and tribal 
        territories law enforcement jurisdictions to determine the 
        amount of--
                    (A) evidence contained in rape kits that has not 
                been subjected to DNA testing and analysis; and
                    (B) evidence from sexual assault crimes that has 
                not been subjected to DNA testing and analysis.
    (b) Report.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall submit to 
        Congress a report on the assessment carried out under 
        subsection (a).
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) the results of the assessment carried out under 
                subsection (a);
                    (B) the number of rape kit samples and other 
                evidence from sexual assault crimes that have not been 
                subjected to DNA testing and analysis; and
                    (C) a plan for carrying out additional assessments 
                and reports to continue until all law enforcement 
                jurisdictions report no backlog in crime scene DNA 
                testing and analysis.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

    Section 2(a) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(a)) is amended--
            (1) in paragraph (2), by inserting ``including samples from 
        rape kits and nonsuspect cases'' after ``crime scene''; and
            (2) by adding at the end the following:
            ``(4) To ensure that DNA testing and analysis of samples 
        from rape kits and nonsuspect cases are carried out in a timely 
        manner.''.

SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.

    Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(j)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end; and
                    (B) by striking subparagraph (C) and inserting the 
                following:
                    ``(C) $25,000,000 for fiscal year 2003;
                    ``(D) $25,000,000 for fiscal year 2004;
                    ``(E) $25,000,000 for fiscal year 2005; and
                    ``(F) $25,000,000 for fiscal year 2006.''; and
            (2) in paragraph (2), by striking subparagraphs (C) and (D) 
        and inserting the following:
                    ``(C) $100,000,000 for fiscal year 2003;
                    ``(D) $100,000,000 for fiscal year 2004;
                    ``(E) $50,000,000 for fiscal year 2005; and
                    ``(F) $50,000,000 for fiscal year 2006.''.

SEC. 5. AUTHORITY OF LOCAL GOVERNMENTS TO APPLY FOR AND RECEIVE DNA 
              BACKLOG ELIMINATION GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a), by inserting ``or eligible units of 
        local government'' after ``eligible States'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or unit of local government'' after 
                ``State'' each place that term appears;
                    (B) in paragraph (1), by inserting ``or unit of 
                local government'' after ``State'';
                    (C) in paragraph (3), by inserting ``or unit of 
                local government'' after ``State'' the first time that 
                term appears;
                    (D) in paragraph (4)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking ``and'' after the 
                        semicolon;
                    (E) in paragraph (5)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking the final period and 
                        inserting ``; and''; and
                    (F) by adding at the end the following:
            ``(6) if the applicant is a unit of local government, 
        certify that the applicant participates in a State laboratory 
        system.'';
            (3) in subsection (c), by inserting ``or unit of local 
        government'' after ``State'';
            (4) in subsection (d)(2)(A), by inserting ``or units of 
        local government'' after ``States'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' each place that term 
                appears; and
                    (B) in paragraph (2), by inserting ``or unit of 
                local government'' after ``State'';
            (6) in subsection (f), by inserting ``or unit of local 
        government'' after ``State'';
            (7) in subsection (g)--
                    (A) in paragraph (1), by inserting ``or unit of 
                local government'' after ``State''; and
                    (B) in paragraph (2), by inserting ``or units of 
                local government'' after ``States''; and
            (8) in subsection (h), by inserting ``or unit of local 
        government'' after ``State'' each place that term appears.

SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking the period at the 
                end and inserting: ``; and''; and
                    (B) by adding at the end the following:
            ``(6) ensure that each laboratory performing DNA testing or 
        analysis satisfies the quality assurance protocols and 
        practices described in subsection (d)(2).''; and
            (2) by adding at the end the following:
    ``(k) Priority.--In awarding grants under this section, the 
Attorney General shall give priority to a State or unit of local 
government that has a significant rape kit or nonsuspect case backlog 
as compared to other applicants.''.

SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND 
              INVESTIGATION OF SEXUAL ASSAULT CASES.

    (a) Authorization of Grants.--The Attorney General shall make 
grants to eligible entities to--
            (1) carry out sexual assault examiner training and 
        certification;
            (2) develop sexual assault examiner programs;
            (3) acquire or improve forensic equipment;
            (4) train law enforcement personnel in the handling of 
        sexual assault cases and the collection and use of DNA samples 
        for use as forensic evidence; and
            (5) train law enforcement personnel to recognize, detect, 
        report, and respond to drug-facilitated sexual assaults.
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' means--
            (1) a State;
            (2) a unit of local government;
            (3) a college, university, or other institute of higher 
        learning;
            (4) sexual assault examination programs, including sexual 
        assault forensic examiner (SAFE) programs, sexual assault nurse 
        examiner (SANE) programs, and sexual assault response team 
        (SART) programs; and
            (5) a State sexual assault coalition.
    (c) Application.--To receive a grant under this section--
            (1) the chief executive officer of a State, unit of local 
        government, or university that desires a grant under this 
        section shall submit to the Attorney General--
                    (A) an application in such form and containing such 
                information as the Attorney General may require;
                    (B) certification that the testing will be done in 
                a laboratory that complies with the quality assurance 
                and proficiency testing standards for collecting and 
                processing DNA samples issued by the Director of the 
                Federal Bureau of Investigation under section 210303 of 
                the DNA Identification Act of 1994 (42 U.S.C. 14131);
                    (C) notice that the applicant is aware of, and 
                utilizing, uniform protocols and standards issued by 
                the Department of Justice on the collection and 
                processing of DNA evidence at crime scenes; and
                    (D) if the applicant is a unit of local government, 
                certification that the applicant participates in a 
                State laboratory system; and
            (2) an existing or proposed sexual assault examination 
        program shall submit to the Attorney General--
                    (A) an application in such form and containing such 
                information as the Attorney General may require;
                    (B) certification that the program complies with 
                the standards and recommended protocol developed by the 
                Attorney General pursuant to section 1405 of the 
                Victims of Trafficking and Violence Protection Act of 
                2000 (42 U.S.C. 3796gg note); and
                    (C) notice that the applicant is aware of, and 
                utilizing, uniform protocols and standards issued by 
                the Department of Justice on the collection and 
                processing of DNA evidence at crime scenes.
    (d) Priority.--In awarding grants under this section, the Attorney 
General shall give priority to proposed or existing sexual assault 
examination programs that are serving, or will serve, populations 
currently underserved by existing sexual assault examination programs.
    (e) Restrictions on Use of Funds.--
            (1) Supplemental funds.--Funds made available under this 
        section shall not be used to supplant State funds, but shall be 
        used to increase the amount of funds that would, in the absence 
        of Federal funds, be made available from State sources for the 
        purposes of this section.
            (2) Administrative costs.--An eligible entity may not use 
        more than 3 percent of the funds it receives under this section 
        for administrative expenses.
            (3) Nonexclusivity.--Nothing in this section shall be 
        construed to limit or restrict the ability of proposed or 
        existing sexual assault examination programs to apply for and 
        obtain Federal funding from any other agency or department or 
        any other Federal Grant program.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $15,000,000 for each of 
fiscal years 2003 through 2006 to carry out this section.

SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.

    (a) Limitations.--Section 3282 of title 18, United States Code, is 
amended--
            (1) by striking ``Except'' and inserting the following:
    ``(a) Limitation.--Except''; and
            (2) by adding at the end the following:
    ``(b) DNA Profile Indictment.--
            ``(1) In general.--In any indictment found for an offense 
        under chapter 109A, if the identity of the accused is unknown, 
        it shall be sufficient to describe the accused as an individual 
        whose name is unknown, but who has a particular DNA profile.
            ``(2) Exception.--Any indictment described in paragraph 
        (1), which is found within 5 years after the offense under 
        chapter 109A shall have been committed, shall not be subject 
        to--
                    ``(A) the limitations period described in 
                subsection (a); and
                    ``(B) the provisions of chapter 208 until the 
                individual is arrested or served with a summons in 
                connection with the charges contained in the 
                indictment.
            ``(3) Definition.--For purposes of this subsection, the 
        term `DNA profile' means a set of DNA identification 
        characteristics.''.
    (b) Privacy Protection Standard.--Section 10(a) of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135e(a)) is amended by 
inserting before the period at the end the following: ``or in section 
3282(b) of title 18, United States Code''.
    (c) Rules of Criminal Procedure.--Rule 7 of the Federal Rules of 
Criminal Procedure is amended in subdivision (c)(1) by adding at the 
end the following: ``For purposes of an indictment referred to in 
section 3282 of title 18, United States Code, if the identity of the 
defendant is unknown, it shall be sufficient to describe the defendant, 
in the indictment, as an individual whose name is unknown, but who has 
a particular DNA profile, as defined in that section 3282.''.

SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) SYSTEM.

    Section 210306 of the DNA Identification Act of 1994 (42 
U.S.C.14134) is amended--
            (1) by striking ``There'' and inserting the following:
    ``(a) In General.--There''; and
            (2) by adding at the end the following:
    ``(b) Increased Grants for CODIS.--There is authorized to be 
appropriated to the Federal Bureau of Investigation to carry out a 
redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal 
year 2003.''.

SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER PROGRAM 
              (FCOP).

    Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135a) is amended by adding at the end the following:
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Federal Bureau of Investigation to carry out this 
section $497,000 for fiscal year 2003.''.
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