[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1046 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1046

    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 HOUSE OF REPRESENTATIVES

                             March 4, 2003

Mr. Green of Wisconsin (for himself, Mrs. Maloney, Mr. Weiner, Mrs. Jo 
 Ann Davis of Virginia, Mr. Michaud, Ms. Berkley, Mr. Kildee, Ms. Lee, 
  Ms. Jackson-Lee of Texas, Ms. Norton, Mr. Conyers, Ms. Woolsey, Mr. 
  Wynn, Mr. Serrano, Mr. Bishop of New York, Mr. Israel, Mr. Wu, Mr. 
 McHugh, Mr. Kennedy of Minnesota, Mr. Brown of Ohio, Mr. Holden, Mr. 
  Hinchey, Mr. Lynch, Ms. DeLauro, Ms. Corrine Brown of Florida, Mr. 
 Abercrombie, Mr. Kucinich, Mrs. Tauscher, Mr. Ackerman, Ms. Linda T. 
Sanchez of California, Ms. Solis, Mr. Spratt, Mr. Owens, Mr. Dooley of 
California, Ms. Roybal-Allard, Ms. Baldwin, Mr. Matheson, Mrs. Johnson 
of Connecticut, Mrs. Lowey, Mrs. Jones of Ohio, Ms. Hart, Mr. DeFazio, 
Mr. Allen, Mr. Dicks, Mr. Scott of Virginia, Mr. Tierney, Mr. Langevin, 
Ms. Schakowsky, Ms. Bordallo, Mr. Baird, Mr. Van Hollen, Ms. Slaughter, 
Mr. Levin, Mr. Nadler, Ms. Eddie Bernice Johnson of Texas, Mr. Sanders, 
 Mr. Olver, Ms. McCollum, Mr. LaTourette, Mr. Price of North Carolina, 
Mr. Crowley, Mr. Holt, Mr. Moran of Virginia, Mr. Schiff, Mr. Udall of 
 New Mexico, and Mr. Meehan) introduced the following bill; which was 
               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 ``Debbie Smith Act of 2003''.

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 2004.

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 2004;
                    ``(D) $15,000,000 for fiscal year 2005;
                    ``(E) $15,000,000 for fiscal year 2006;
                    ``(F) $15,000,000 for fiscal year 2007; and
                    ``(G) $15,000,000 for fiscal year 2008.
        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 2004;
                    ``(D) $75,000,000 for fiscal year 2005;
                    ``(E) $75,000,000 for fiscal year 2006;
                    ``(F) $75,000,000 for fiscal year 2007; and
                    ``(G) $25,000,000 for fiscal year 2008.
        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 preceding 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 2004 through 2008 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 2004 through 2008 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''.
                                 <all>