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

                                                       Calendar No. 501
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, Mrs. Clinton, Ms. Cantwell, Mr. Carper, Mr. 
    Schumer, Mr. Hatch, Mr. Durbin, Mrs. Feinstein, Mr. Leahy, Mr. 
  Jeffords, and Mr. Specter) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

                             July 18, 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. ASSESSMENT ON BACKLOG IN DNA ANALYSIS OF 
              SAMPLES.</DELETED>

<DELETED>    (a) Assessment.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) evidence contained in rape kits that 
                has not been subjected to DNA testing and analysis; 
                and</DELETED>
                <DELETED>    (B) evidence from sexual assault crimes 
                that has not been subjected to DNA testing and 
                analysis.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Contents.--The report submitted under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (A) the results of the assessment carried 
                out under subsection (a);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There is authorized 
to be appropriated such sums as may be necessary to carry out this 
section.</DELETED>

<DELETED>SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE 
              KITS.</DELETED>

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

<DELETED>SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.</DELETED>

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

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

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

<DELETED>SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG 
              GRANTS.</DELETED>

<DELETED>    Section 2 of the DNA Analysis Backlog Elimination Act of 
2000 (42 U.S.C. 14135) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (5), by striking the 
                period at the end and inserting: ``; and''; 
                and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(6) ensure that each laboratory performing DNA 
        testing or analysis satisfies the quality assurance protocols 
        and practices described in subsection (d)(2).''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES TO AND 
              INVESTIGATION OF SEXUAL ASSAULT CASES.</DELETED>

<DELETED>    (a) Authorization of Grants.--The Attorney General shall 
make grants to eligible entities to--</DELETED>
        <DELETED>    (1) carry out sexual assault examiner training and 
        certification;</DELETED>
        <DELETED>    (2) develop sexual assault examiner 
        programs;</DELETED>
        <DELETED>    (3) acquire or improve forensic 
        equipment;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) train law enforcement personnel to recognize, 
        detect, report, and respond to drug-facilitated sexual 
        assaults.</DELETED>
<DELETED>    (b) Eligible Entity.--For purposes of this section, the 
term ``eligible entity'' means--</DELETED>
        <DELETED>    (1) a State;</DELETED>
        <DELETED>    (2) a unit of local government;</DELETED>
        <DELETED>    (3) a college, university, or other institute of 
        higher learning;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (5) a State sexual assault coalition.</DELETED>
<DELETED>    (c) Application.--To receive a grant under this section--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) an application in such form and 
                containing such information as the Attorney General may 
                require;</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) if the applicant is a unit of local 
                government, certification that the applicant 
                participates in a State laboratory system; 
                and</DELETED>
        <DELETED>    (2) an existing or proposed sexual assault 
        examination program shall submit to the Attorney General--
        </DELETED>
                <DELETED>    (A) an application in such form and 
                containing such information as the Attorney General may 
                require;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Restrictions on Use of Funds.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Administrative costs.--An eligible entity may 
        not use more than 3 percent of the funds it receives under this 
        section for administrative expenses.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.</DELETED>

<DELETED>    (a) Limitations.--Section 3282 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``Except'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) Limitation.--Except''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(b) DNA Profile Indictment.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the limitations period described in 
                subsection (a); and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Definition.--For purposes of this 
        subsection, the term `DNA profile' means a set of DNA 
        identification characteristics.''.</DELETED>
<DELETED>    (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''.</DELETED>
<DELETED>    (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.''.</DELETED>

<DELETED>SEC. 9. INCREASED GRANTS FOR COMBINED DNA INDEX (CODIS) 
              SYSTEM.</DELETED>

<DELETED>    Section 210306 of the DNA Identification Act of 1994 (42 
U.S.C. 14134) is amended--</DELETED>
        <DELETED>    (1) by striking ``There'' and inserting the 
        following:</DELETED>
<DELETED>    ``(a) In General.--There''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 10. INCREASED GRANTS FOR FEDERAL CONVICTED OFFENDER 
              PROGRAM (FCOP).</DELETED>

<DELETED>    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:</DELETED>
<DELETED>    ``(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.''.</DELETED>

SECTION 1. SHORT TITLE.

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

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

    (a) Assessment.--The Attorney General, acting through the Director 
of the National Institute of Justice, shall survey Federal, State, 
local, and tribal law enforcement jurisdictions to assess the amount of 
DNA evidence contained in rape kits and in other evidence from sexual 
assault crimes that has not been subjected to 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 on the backlog in crime scene DNA testing 
                and analysis.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Department of Justice to carry out this section 
$500,000 for fiscal year 2003.

SEC. 3. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) by striking the heading and inserting ``authorization 
        of debbie smith dna backlog grants.''; and
            (2) in subsection (a)--
                    (A) in paragraph (2), by inserting ``including 
                samples from rape kits and samples from other sexual 
                assault evidence, including samples taken in cases with 
                no identified suspect'' after ``crime scene''; and
                    (B) 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 ANALYSIS OF DNA SAMPLES FROM CONVICTED 
              OFFENDERS AND CRIME SCENES.

    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) $15,000,000 for fiscal year 2003;
                    ``(D) $15,000,000 for fiscal year 2004;
                    ``(E) $15,000,000 for fiscal year 2005;
                    ``(F) $15,000,000 for fiscal year 2006; and
                    ``(G) $15,000,000 for fiscal year 2007.
        Amounts made available to carry out the purposes specified in 
        subsection (a)(1) shall remain available until expended.''; and
            (2) in paragraph (2), by striking subparagraphs (C) and (D) 
        and inserting the following:
                    ``(C) $75,000,000 for fiscal year 2003;
                    ``(D) $75,000,000 for fiscal year 2004;
                    ``(E) $75,000,000 for fiscal year 2005;
                    ``(F) $75,000,000 for fiscal year 2006; and
                    ``(G) $25,000,000 for fiscal year 2007.
        Amounts made available to carry out the purposes specified in 
        paragraphs (2) and (3) of subsection (a) shall remain available 
        until expended.''.

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)--
                    (A) in the matter preceeding paragraph (1)--
                            (i) by inserting ``, units of local 
                        government, or Indian tribes'' after ``eligible 
                        States''; and
                            (ii) by inserting ``, unit of local 
                        government, or Indian tribe'' after ``State''; 
                        and
                    (B) in paragraph (3), by striking ``or by units of 
                local government'' and inserting ``, units of local 
                government, or Indian tribes'';
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or unit of local government, or the head of 
                the Indian tribe'' after ``State'' each place that term 
                appears;
                    (B) in paragraph (1), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
                    (C) in paragraph (3), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'' the 
                first time that term appears;
                    (D) in paragraph (4), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State''; 
                and
                    (E) in paragraph (5), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State'';
            (3) in subsection (c), by inserting ``, unit of local 
        government, or Indian tribe'' after ``State'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or a 
                        unit of local government'' and inserting ``, a 
                        unit of local government, or an Indian tribe''; 
                        and
                            (ii) in subparagraph (B), by striking ``or 
                        a unit of local government'' and inserting ``, 
                        a unit of local government, or an Indian 
                        tribe''; and
                    (B) in paragraph (2)(A), by inserting ``, units of 
                local government, and Indian tribes,'' 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 ``, unit of 
                local government, or Indian tribe'' after ``State'';
            (6) in subsection (f), in the matter preceeding paragraph 
        (1), by inserting ``, unit of local government, or Indian 
        tribe'' after ``State'';
            (7) in subsection (g)--
                    (A) in paragraph (1), by inserting ``, unit of 
                local government, or Indian tribe'' after ``State''; 
                and
                    (B) in paragraph (2), by inserting ``, units of 
                local government, or Indian tribes'' after ``States''; 
                and
            (8) in subsection (h), by inserting ``, unit of local 
        government, or Indian tribe'' 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 (4), by striking ``and'' after the 
                semicolon;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (C) 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;
            ``(7) provide assurances that, not later than 3 years after 
        the date on which the application is submitted, the State, unit 
        of local government, or Indian tribe will implement a plan for 
        forwarding, not later than 180 days after a DNA evidence sample 
        is obtained, all samples collected in cases of sexual assault 
        to a laboratory that meets the quality assurance standards for 
        testing under subsection (d); and
            ``(8) upon issuance of the regulations specified in section 
        10(d), certify that the State, unit of local government, or 
        Indian tribe is in compliance with those regulations.''; 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 
per capita as compared with other applicants.''.

SEC. 7. QUALITY ASSURANCE STANDARDS FOR COLLECTION AND HANDLING OF DNA 
              EVIDENCE.

    (a) National Protocol.--
            (1) In general.--The Attorney General shall review 
        national, State, local, and tribal government protocols, that 
        exist on or before the date of enactment of this Act, on the 
        collection and processing of DNA evidence at crime scenes.
            (2) Recommended protocol.--Based upon the review described 
        in paragraph (1), the Attorney General shall develop a 
        recommended national protocol for the collection of DNA 
        evidence at crime scenes, including crimes of rape and other 
        sexual assault.
    (b) Standards, Practice, and Training for Sexual Assault Forensic 
Examinations.--Section 1405(a) of the Victims of Trafficking and 
Violence Protection Act of 2000 (42 U.S.C. 3796gg note) is amended--
            (1) in paragraph (2), by inserting ``and emergency response 
        personnel'' after ``health care students''; and
            (2) in paragraph (3), by inserting ``and DNA evidence 
        collection'' after ``sexual assault forensic examinations''.

SEC. 8. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

    (a) Authorization of Grants.--The Attorney General shall make 
grants to eligible entities to--
            (1) establish and maintain sexual assault examiner 
        programs;
            (2) carry out sexual assault examiner training and 
        certification; and
            (3) acquire or improve forensic equipment.
    (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) an Indian tribe;
            (5) sexual assault examination programs, including sexual 
        assault nurse examiner (SANE) programs, sexual assault forensic 
        examiner (SAFE) programs, and sexual assault response team 
        (SART) programs; and
            (6) a State sexual assault coalition.
    (c) Application.--To receive a grant under this section--
            (1) an eligible entity shall submit to the Attorney General 
        an application in such form and containing such information as 
        the Attorney General may require; and
            (2) an existing or proposed sexual assault examination 
        program shall also--
                    (A) certify 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
                    (B) certify 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 5 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, to remain available until 
expended, $30,000,000 for each of fiscal years 2003 through 2007 to 
carry out this section.

SEC. 9. DNA EVIDENCE TRAINING GRANTS.

    (a) Authorization of Grants.--The Attorney General shall make 
grants to eligible entities to--
            (1) train law enforcement personnel and all other first 
        responders at crime scenes, including investigators, in the 
        handling of sexual assault cases and the collection and use of 
        DNA samples for use as forensic evidence;
            (2) train State and local prosecutors on the use of DNA 
        samples for use as forensic evidence; and
            (3) 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; and
            (4) an Indian tribe.
    (c) Application.--To receive a grant under this section, the chief 
executive officer of a State, unit of local government, or university, 
or the head of a tribal government that desires a grant under this 
section shall submit to the Attorney General--
            (1) an application in such form and containing such 
        information as the Attorney General may require;
            (2) certification 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;
            (3) certification that the applicant is aware of, and 
        utilizing, the national sexual assault forensic examination 
        training protocols developed under section 1405(a) of the 
        Victims of Trafficking and Violence Protection Act of 2000 (42 
        U.S.C. 3796gg note); and
            (4) if the applicant is a unit of local government, 
        certification that the applicant participates in a State 
        laboratory system.
    (d) 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 5 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 an eligible 
        entity to apply for and obtain Federal funding from any other 
        agency or department or any other Federal grant program.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice $10,000,000 for each of 
fiscal years 2003 through 2007 to carry out this section.

SEC. 10. 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) 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. 11. 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 
upgrades to the Combined DNA Index System (CODIS) $9,700,000 for fiscal 
year 2003.''.

SEC. 12. 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 $500,000 for fiscal year 2003.''.

SEC. 13. PRIVACY REQUIREMENTS FOR HANDLING DNA EVIDENCE AND DNA 
              ANALYSES.

    (a) 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''.
    (b) Limitation on Access to DNA Information.--Section 10 of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135e) is amended 
by adding at the end the following:
    ``(d) Limitation on Access to DNA Information.--
            ``(1) In general.--The Attorney General shall establish, by 
        regulation, procedures to limit access to, or use of, stored 
        DNA samples or DNA analyses.
            ``(2) Regulations.--The regulations established under 
        paragraph (1) shall establish conditions for using DNA 
        information to--
                    ``(A) limit the use and dissemination of such 
                information, as provided under subparagraphs (A), (B), 
                and (C) of section 210304(b)(3) of the Violent Crime 
                Control and Law Enforcement Act of 1994 (42 U.S.C. 
                14132(b)(3));
                    ``(B) limit the redissemination of such 
                information;
                    ``(C) ensure the accuracy, security, and 
                confidentiality of such information;
                    ``(D) protect any privacy rights of individuals who 
                are the subject of such information; and
                    ``(E) provide for the timely removal and 
                destruction of obsolete or inaccurate information, or 
                information required to be expunged.''.
    (c) Criminal Penalty.--Section 10(c) of the DNA Analysis Backlog 
Elimination Act of 2000 (42 U.S.C. 14135e) is amended--
            (1) in paragraph (1), by striking ``discloses a sample or 
        result'' and inserting ``discloses or uses a DNA sample or DNA 
        analysis''; and
            (2) in paragraph (2), by inserting ``per offense'' after 
        ``$100,000''.




                                                       Calendar No. 501

107th CONGRESS

  2d Session

                                S. 2513

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 18, 2002

                       Reported with an amendment