[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1828 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1828

  To eliminate the substantial backlog of DNA samples collected from 
  crime scenes and convicted offenders, to improve and expand the DNA 
 testing capacity of Federal, State, and local crime laboratories, to 
 increase research and development of new DNA testing technologies, to 
 develop new training programs regarding the collection and use of DNA 
                   evidence, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2003

   Mr. Kyl (for himself, Mr. Chambliss, Mr. Craig, Mr. Nickles, Mr. 
Sessions, and Mr. Cornyn) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To eliminate the substantial backlog of DNA samples collected from 
  crime scenes and convicted offenders, to improve and expand the DNA 
 testing capacity of Federal, State, and local crime laboratories, to 
 increase research and development of new DNA testing technologies, to 
 develop new training programs regarding the collection and use of DNA 
                   evidence, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Advancing Justice 
Through DNA Technology Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003

Sec. 101. Short title.
Sec. 102. Debbie Smith DNA Backlog Grant Program.
Sec. 103. Expansion of Combined DNA Index System.
Sec. 104. Tolling of statute of limitations.
Sec. 105. Legal assistance for victims of violence.
Sec. 106. Ensuring private laboratory assistance in eliminating DNA 
                            backlog.
            TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

Sec. 201. Short title.
Sec. 202. Ensuring public crime laboratory compliance with Federal 
                            standards.
Sec. 203. DNA training and education for law enforcement, correctional 
                            personnel, and court officers.
Sec. 204. Sexual assault forensic exam program grants.
Sec. 205. DNA research and development.
Sec. 206. FBI DNA programs.
Sec. 207. DNA identification of missing persons.
Sec. 208. Enhanced criminal penalties for unauthorized disclosure or 
                            use of DNA information.
Sec. 209. Tribal coalition grants.
Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement 
                            Grant Program.
Sec. 211. Creation of new Forensic Backlog Elimination Grant Program.
Sec. 212. Report to Congress.

  TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Rape Kits and DNA Evidence Backlog 
Elimination Act of 2003''.

SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    (a) Designation of Program; Eligibility of Local Governments as 
Grantees.--Section 2 of the DNA Analysis Backlog Elimination Act of 
2000 (42 U.S.C. 14135) is amended--
            (1) by amending the heading to read as follows:

``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.'';

            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``or units of local 
                        government'' after ``eligible States''; and
                            (ii) by inserting ``or unit of local 
                        government'' after ``State'';
                    (B) in paragraph (2), by inserting before the 
                period at the end the following: ``, including samples 
                from rape kits, samples from other sexual assault 
                evidence, and samples taken in cases without an 
                identified suspect''; and
                    (C) in paragraph (3), by striking ``within the 
                State'';
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State'' both places that 
                        term appears; and
                            (ii) by inserting ``, as required by the 
                        Attorney General'' after ``application shall'';
                    (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 place that 
                term appears;
                    (D) in paragraph (4)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking ``and'' at the end;
                    (E) in paragraph (5)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (F) by adding at the end the following:
            ``(6) if submitted by a unit of local government, certify 
        that the unit of local government has taken, or is taking, all 
        necessary steps to ensure that it is eligible to include, 
        directly or through a State law enforcement agency, all 
        analyses of samples for which it has requested funding in the 
        Combined DNA Index System; and'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``The plan'' and inserting ``A 
                        plan pursuant to subsection (b)(1)'';
                            (ii) in subparagraph (A), by striking 
                        ``within the State''; and
                            (iii) in subparagraph (B), by striking 
                        ``within the State''; and
                    (B) in paragraph (2)(A), by inserting ``and units 
                of local government'' after ``States'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' both places that term 
                appears; and
                    (B) in paragraph (2), by inserting ``or unit of 
                local government'' after ``State'';
            (6) in subsection (f), in the matter preceding paragraph 
        (1), 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'' both places that term appears.
    (b) Reauthorization and Expansion of Program.--Section 2 of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``(1) or'' 
                before ``(2)''; and
                    (B) by inserting at the end the following:
            ``(4) To collect DNA samples specified in paragraph (1).
            ``(5) To ensure that DNA testing and analysis of samples 
        from crimes, including sexual assault and other serious violent 
        crimes, are carried out in a timely manner.'';
            (2) in subsection (b), as amended by this section, by 
        inserting at the end the following:
            ``(7) specify that portion of grant amounts that the State 
        or unit of local government shall use for the purpose specified 
        in subsection (a)(4).'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Formula for Distribution of Grants.--
            ``(1) In general.--The Attorney General shall distribute 
        grant amounts, and establish appropriate grant conditions under 
        this section, in conformity with a formula or formulas that are 
        designed to effectuate a distribution of funds among eligible 
        States and units of local government that--
                    ``(A) maximizes the effective utilization of DNA 
                technology to solve crimes and protect public safety; 
                and
                    ``(B) allocates grants among eligible entities 
                fairly and efficiently to address areas where 
                significant backlogs exist, by considering--
                            ``(i) the number of offender and casework 
                        samples awaiting DNA analysis in a 
                        jurisdiction;
                            ``(ii) the population in the jurisdiction; 
                        and
                            ``(iii) the number of part I violent crimes 
                        in the jurisdiction.
            ``(2) Minimum amount.--The Attorney General shall allocate 
        to each State not less than 0.50 percent of the total amount 
        appropriated in a fiscal year for grants under this section, 
        except that the United States Virgin Islands, American Samoa, 
        Guam, and the Northern Mariana Islands shall each be allocated 
        0.125 percent of the total appropriation.
            ``(3) Limitation.--Grant amounts distributed under 
        paragraph (1) shall be awarded to conduct DNA analyses of 
        samples from casework or from victims of crime under subsection 
        (a)(2) in accordance with the following limitations:
                    ``(A) For fiscal year 2004, not less than 50 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(B) For fiscal year 2005 not less than 50 percent 
                of the grant amounts shall be awarded for purposes 
                under subsection (a)(2).
                    ``(C) For fiscal year 2006, not less than 45 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(D) For fiscal year 2007, not less than 40 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(E) For fiscal year 2008, not less than 40 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).'';
            (4) in subsection (g)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible States and units of local government, and 
        how such plan will ensure the effective use of DNA technology 
        to solve crimes and protect public safety.'';
            (5) in subsection (j), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) $151,000,000 for fiscal year 2004;
            ``(2) $151,000,000 for fiscal year 2005;
            ``(3) $151,000,000 for fiscal year 2006;
            ``(4) $151,000,000 for fiscal year 2007; and
            ``(5) $151,000,000 for fiscal year 2008.''; and
            (6) by adding at the end the following:
    ``(k) Use of Funds for Accreditation and Audits.--The Attorney 
General may distribute not more than 1 percent of the grant amounts 
under subsection (j)--
            ``(1) to States or units of local government to defray the 
        costs incurred by laboratories operated by each such State or 
        unit of local government in preparing for accreditation or 
        reaccreditation;
            ``(2) in the form of additional grants to States, units of 
        local government, or nonprofit professional organizations of 
        persons actively involved in forensic science and nationally 
        recognized within the forensic science community--
                    ``(A) to defray the costs of external audits of 
                laboratories operated by such State or unit of local 
                government, which are participating in the National DNA 
                Index System in order to ensure compliance with quality 
                assurance standards;
                    ``(B) to assess compliance with any plans submitted 
                to the National Institute of Justice, which detail the 
                use of funds received by States or units of local 
                government under this Act; and
                    ``(C) to support future capacity building efforts; 
                and
            ``(3) in the form of additional grants to nonprofit 
        professional associations actively involved in forensic science 
        and nationally recognized within the forensic science community 
        to defray the costs of training persons who conduct external 
        audits of laboratories operated by States and units of local 
        government and which participate in the National DNA Index 
        System.
    ``(l) External Audits and Remedial Efforts.--In the event that a 
laboratory operated by a State or unit of local government which has 
received funds under this Act, has undergone an external audit 
conducted in order to demonstrate compliance with standards established 
by the Director of the Federal Bureau of Investigation, and, as a 
result of such audit, identifies measures to remedy deficiencies with 
respect to the compliance by the laboratory with such standards, the 
State or unit of local government shall implement any such remediation 
as soon as practicable.''.

SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM.

    (a) Inclusion of All DNA Samples From States.--Section 210304 of 
the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)(1), by striking ``of persons 
        convicted of crimes;'' and inserting the following: ``of--
                    ``(A) persons convicted of crimes; and
                    ``(B) other persons whose DNA samples are collected 
                under applicable legal authorities;''; and
            (2) by striking subsection (d).
    (b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is 
amended to read as follows:
    ``(d) Qualifying Federal Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying Federal offenses are 
the following offenses, as determined by the Attorney General:
            ``(1) Any felony.
            ``(2) Any offense under chapter 109A of title 18, United 
        States Code.
            ``(3) Any crime of violence (as that term is defined in 
        section 16 of title 18, United States Code).
            ``(4) Any attempt or conspiracy to commit any of the 
        offenses in paragraphs (1) through (3).''.
    (c) Military Offenses.--Section 1565 of title 10, United States 
Code, is amended--
            (1) by amending subsection (d) to read as follows:
    ``(d) Qualifying Military Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying military offenses 
are the following offenses, as determined by the Secretary of Defense, 
in consultation with the Attorney General:
            ``(1) Any offense under the Uniform Code of Military 
        Justice for which a sentence of confinement for more than one 
        year may be imposed.
            ``(2) Any other offense under the Uniform Code of Military 
        Justice that is comparable to a qualifying Federal offense (as 
        determined under section 3(d) of the DNA Analysis Backlog 
        Elimination Act of 2000 (42 U.S.C. 14135a(d)).'';
            (2) by striking subsection (e); and
            (3) by redesignating subsection (f) as subsection (e).
    (d) Collection of DNA Identification Information From Persons 
Arrested for Qualifying Federal Offenses.--
            (1) In general.--Section 3 of the DNA Analysis Backlog 
        Elimination Act of 2000 (42 U.S.C. 14135a) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), by striking ``The 
                        Director'', and inserting the following:
                    ``(A) The Attorney General shall collect a DNA 
                sample from each individual who is arrested for, or 
                accused by information or indictment of, a qualifying 
                Federal offense (as determined under subsection (d)). 
                The Attorney General may delegate this function within 
                the Department of Justice as provided in section 510 of 
                title 28, United States Code, and may also authorize 
                and direct any other agency that makes arrests for such 
                offenses or supervises persons facing charges of such 
                offenses to carry out any function and exercise any 
                power of the Attorney General under this section.
                    ``(B) The Director''; and
                            (ii) in paragraphs (3) and (4), by striking 
                        ``Director of the Bureau of Prisons'' each 
                        place it appears and inserting ``Attorney 
                        General, the Director of the Bureau of 
                        Prisons,''; and
                    (B) in subsection (b), by striking ``Director of 
                the Bureau of Prisons'' and inserting ``Attorney 
                General, the Director of the Bureau of Prisons,''.
            (2) Conditions of release.--
                    (A) Section 3142 amendments.--Subsections (b) and 
                (c)(1)(A) of section 3142 of title 18, United States 
                Code, are each amended by inserting ``and subject to 
                the condition that the person cooperate in the 
                collection of a DNA sample from the person if the 
                collection of such a sample is authorized pursuant to 
section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135a)'' after ``period of release''.
                    (B) Backlog elimination act amendment.--Section 
                7(d) of the DNA Analysis Backlog Elimination Act of 
                2000 (42 U.S.C. 14135c) is amended by inserting ``, or 
                on release under chapter 207 of title 18, United States 
                Code,'' before ``is authorized''.

SEC. 104. TOLLING OF STATUTE OF LIMITATIONS.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3297. Cases involving DNA evidence
    ``In a case in which DNA testing implicates a person in the 
commission of a felony, no statute of limitations that would otherwise 
preclude prosecution of the offense shall preclude such prosecution 
until a period of time following the implication of the person by DNA 
testing has elapsed that is equal to the otherwise applicable 
limitation period.''.
    (b) Clerical Amendment.--The table of sections for chapter 213 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3297. Cases involving DNA evidence.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section to the full extent permitted by 
the Constitution.

SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by inserting ``dating violence,'' 
        after ``domestic violence,'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (2) through (4), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A), the following:
            ``(1) Dating violence.--The term `dating violence' means 
        violence committed by a person who is or has been in a social 
        relationship of a romantic or intimate nature with the victim. 
        The existence of such a relationship shall be determined based 
        on a consideration of--
                    ``(A) the length of the relationship;
                    ``(B) the type of relationship; and
                    ``(C) the frequency of interaction between the 
                persons involved in the relationship.''; and
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A), by inserting ``dating violence,'' 
                after ``domestic violence,'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, dating violence,'' 
                        after ``between domestic violence''; and
                            (ii) by inserting ``dating violence,'' 
                        after ``victims of domestic violence,'';
                    (B) in paragraph (2), by inserting ``dating 
                violence,'' after ``domestic violence,''; and
                    (C) in paragraph (3), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                    (B) in paragraph (2), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                    (C) in paragraph (3), by inserting ``, dating 
                violence,'' after ``domestic violence''; and
                    (D) in paragraph (4), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (5) in subsection (e), by inserting ``dating violence,'' 
        after ``domestic violence,''; and
            (6) in subsection (f)(2)(A), by inserting ``dating 
        violence,'' after ``domestic violence,''.

SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMINATING DNA 
              BACKLOG.

    Section 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(d)(3)) is amended to read as follows:
            ``(3) Use of vouchers or contracts for certain purposes.--
                    ``(A) In general.--A grant for the purposes 
                specified in paragraph (1), (2), or (5) of subsection 
                (a) may be made in the form of a voucher or contract 
                for laboratory services, even if the laboratory makes a 
                reasonable profit for the services.
                    ``(B) Redemption.--A voucher or contract under 
                subparagraph (A) may be redeemed at a laboratory 
                operated on a non-profit or for-profit basis by a 
                private entity that satisfies quality assurance 
                standards and has been approved by the Attorney 
                General.
                    ``(C) Payments.--The Attorney General may use 
                amounts authorized under subsection (j) to make 
                payments to a laboratory described under subparagraph 
                (B).''.

            TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

SEC. 201. SHORT TITLE.

    This title may be cited as the ``DNA Sexual Assault Justice Act of 
2003''.

SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL 
              STANDARDS.

    Section 210304(b)(2) of the DNA Identification Act of 1994 (42 
U.S.C. 14132(b)(2)), is amended to read as follows:
            ``(2) prepared by laboratories that--
                    ``(A) not later than 2 years after the date of 
                enactment of the DNA Sexual Assault Justice Act of 
                2003, have been accredited by a nonprofit professional 
                association of persons actively involved in forensic 
                science that is nationally recognized within the 
                forensic science community; and
                    ``(B) undergo external audits, not less than once 
                every 2 years, that demonstrate compliance with 
                standards established by the Director of the Federal 
                Bureau of Investigation; and''.

SEC. 203. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL 
              PERSONNEL, AND COURT OFFICERS.

    (a) In General.--The Attorney General shall make grants to provide 
training, technical assistance, education, and information relating to 
the identification, collection, preservation, analysis, and use of DNA 
samples and DNA evidence by--
            (1) law enforcement personnel, including police officers 
        and other first responders, evidence technicians, 
        investigators, and others who collect or examine evidence of 
        crime;
            (2) court officers, including State and local prosecutors, 
        defense lawyers, and judges;
            (3) forensic science professionals; and
            (4) corrections personnel, including prison and jail 
        personnel, and probation, parole, and other officers involved 
        in supervision.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $12,500,000 for each of the fiscal years 2004 through 2008 
to carry out this section.

SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

    (a) In General.--The Attorney General shall make grants to eligible 
entities to provide training, technical assistance, education, 
equipment, and information relating to the identification, collection, 
preservation, analysis, and use of DNA samples and DNA evidence by 
medical personnel and other personnel, including doctors, medical 
examiners, coroners, nurses, victim service providers, and other 
professionals involved in treating victims of sexual assault and sexual 
assault examination programs, including SANE (Sexual Assault Nurse 
Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual 
Assault Response Team).
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' includes--
            (1) States;
            (2) units of local government; and
            (3) sexual assault examination programs, including--
                    (A) sexual assault nurse examiner (SANE) programs;
                    (B) sexual assault forensic examiner (SAFE) 
                programs;
                    (C) sexual assault response team (SART) programs; 
                and
                    (D) State sexual assault coalitions.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 for each of the fiscal years 2004 through 2008 
to carry out this section.

SEC. 205. DNA RESEARCH AND DEVELOPMENT.

    (a) Improving DNA Technology.--The Attorney General shall make 
grants for research and development to improve forensic DNA technology, 
including increasing the identification accuracy and efficiency of DNA 
analysis, decreasing time and expense, and increasing portability.
    (b) Demonstration Projects.--The Attorney General shall conduct 
research through grants for demonstration projects involving 
coordinated training and commitment of resources to law enforcement 
agencies and key criminal justice participants to demonstrate and 
evaluate the use of forensic DNA technology in conjunction with other 
forensic tools. The demonstration projects shall include scientific 
evaluation of the public safety benefits, improvements to law 
enforcement operations, and cost-effectiveness of increased collection 
and use of DNA evidence.
    (c) National Forensic Science Commission.--
            (1) Appointment.--The Attorney General shall appoint a 
        National Forensic Science Commission (in this section referred 
        to as the ``Commission''), composed of persons experienced in 
        criminal justice issues, including persons from the forensic 
        science and criminal justice communities, to carry out the 
        responsibilities under paragraph (2).
            (2) Responsibilities.--The Commission shall--
                    (A) assess the present and future resource needs of 
                the forensic science community;
                    (B) make recommendations to the Attorney General 
                for maximizing the use of forensic technologies and 
                techniques to solve crimes and protect the public;
                    (C) identify potential scientific advances that may 
                assist law enforcement in using forensic technologies 
                and techniques to protect the public;
                    (D) make recommendations to the Attorney General 
                for programs that will increase the number of qualified 
                forensic scientists available to work in public crime 
                laboratories;
                    (E) disseminate, through the National Institute of 
                Justice, best practices concerning the collection and 
                analyses of forensic evidence to help ensure quality 
                and consistency in the use of forensic technologies and 
                techniques to solve crimes and protect the public;
                    (F) examine additional issues pertaining to 
                forensic science as requested by the Attorney General;
                    (G) examine Federal, State, and local privacy 
                protection statutes, regulations, and practices 
                relating to access to, or use of, stored DNA samples or 
                DNA analyses, to determine whether such protections are 
                sufficient;
                    (H) make specific recommendations to the Attorney 
                General, as necessary, to enhance the protections 
                described in subparagraph (G) to ensure--
                            (i) the appropriate use and dissemination 
                        of DNA information;
                            (ii) the accuracy, security, and 
                        confidentiality of DNA information;
                            (iii) the timely removal and destruction of 
                        obsolete, expunged, or inaccurate DNA 
                        information; and
                            (iv) that any other necessary measures are 
                        taken to protect privacy; and
                    (I) provide a forum for the exchange and 
                dissemination of ideas and information in furtherance 
                of the objectives described in subparagraphs (A) 
                through (H).
            (3) Personnel; procedures.--The Attorney General shall--
                    (A) designate the Chair of the Commission from 
                among its members;
                    (B) designate any necessary staff to assist in 
                carrying out the functions of the Commission; and
                    (C) establish procedures and guidelines for the 
                operations of the Commission.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for each of the fiscal years 2004 through 2008 
to carry out this section.

SEC. 206. FBI DNA PROGRAMS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Bureau of Investigation $42,100,000 for 
each of the fiscal years 2004 through 2008 to carry out the DNA 
programs and activities described under subsection (b).
    (b) Programs and Activities.--The Federal Bureau of Investigation 
may use any amounts appropriated pursuant to subsection (a) for--
            (1) nuclear DNA analysis;
            (2) mitochondrial DNA analysis;
            (3) regional mitochondrial DNA laboratories;
            (4) the Combined DNA Index System;
            (5) the Federal Convicted Offender DNA Program; and
            (6) DNA research and development.

SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS.

    (a) In General.--The Attorney General shall make grants to promote 
the use of forensic DNA technology to identify missing persons and 
unidentified human remains.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for each of the fiscal years 2004 through 2008 
to carry out this section.

SEC. 208. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OR 
              USE OF DNA INFORMATION.

    Section 10(c) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135e(c)) is amended to read as follows:
    ``(c) Criminal Penalty.--A person who knowingly discloses a sample 
or result described in subsection (a) in any manner to any person not 
authorized to receive it, or obtains or uses, without authorization, 
such sample or result, shall be fined not more than $100,000. Each 
instance of disclosure, obtaining, or use shall constitute a separate 
offense under this subsection.''.

SEC. 209. TRIBAL COALITION GRANTS.

    Section 2001 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg) is amended by adding at the end 
the following:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award grants to 
        tribal domestic violence and sexual assault coalitions for 
        purposes of--
                    ``(A) increasing awareness of domestic violence and 
                sexual assault against Indian women;
                    ``(B) enhancing the response to violence against 
                Indian women at the tribal, Federal, and State levels; 
                and
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                Indian women victimized by domestic and sexual 
                violence.
            ``(2) Grants to tribal coalitions.--The Attorney General 
        shall award grants under paragraph (1) to--
                    ``(A) established nonprofit, nongovernmental tribal 
                coalitions addressing domestic violence and sexual 
                assault against Indian women; and
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against Indian women.
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by tribal domestic violence and sexual 
        assault coalitions shall not preclude the coalition from 
        receiving additional grants under this title to carry out the 
        purposes described in subsection (b).''.

SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
              GRANT PROGRAM.

    (a) Forensic Backlog Elimination Grants.--Section 2804 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797m) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``shall use the grant to carry 
                out'' and inserting ``shall use the grant to--
            ``(1) carry out'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
            ``(2) eliminate a backlog in the analysis of forensic 
        science evidence, including firearms examination, latent 
        prints, toxicology, controlled substances, forensic pathology, 
        questionable documents, and trace evidence; and
            ``(3) train, assist, and employ forensic laboratory 
        personnel, as needed, to eliminate a forensic evidence 
        backlog.'';
            (2) in subsection (b), by striking ``under this part'' and 
        inserting ``for the purpose set forth in subsection (a)(1)''; 
        and
            (3) by adding at the end the following:
    ``(e) Defined Term.--As used in this section, the term `forensic 
evidence backlog' means forensic evidence that--
            ``(1) has been stored in a laboratory, medical examiner's 
        office, or coroner's office; and
            ``(2) has not been subjected to all appropriate forensic 
        testing because of a lack of resources or personnel.''.
    (b) External Audits.--Section 2802 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended--
            (1) in paragraph (2), by striking the ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) a certification that a government entity exists and 
        an appropriate process is in place to conduct independent 
        external investigations into allegations of serious negligence 
        or misconduct substantially affecting the integrity of the 
        forensic results committed by employees or contractors of any 
        forensic laboratory system, medical examiner's office, or 
        coroner's office in the State that will receive a portion of 
        the grant amount.''.
    (c) Three-Year Extension of Authorization of Appropriations.--
Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (24) and 
inserting the following:
            ``(24) There are authorized to be appropriated to carry out 
        part BB of this Act, to remain available until expended--
                    ``(A) $35,000,000 for fiscal year 2004;
                    ``(B) $85,400,000 for fiscal year 2005;
                    ``(C) $134,733,000 for fiscal year 2006;
                    ``(D) $128,067,000 for fiscal year 2007;
                    ``(E) $56,733,000 for fiscal year 2008; and
                    ``(F) $42,067,000 for fiscal year 2009.''.

SEC. 211. CREATION OF NEW FORENSIC BACKLOG ELIMINATION GRANT PROGRAM.

    (a) Grants Authorized.--The Attorney General is authorized to award 
grants to States, units of local government, and tribal governments to 
eliminate forensic science backlogs.
    (b) Purpose.--The purpose of the grant program established under 
this section is to--
            (1) eliminate the backlog in the analysis of any area of 
        forensic science evidence, including firearms examination, 
        latent prints, toxicology, controlled substances, forensic 
        pathology, questionable documents, and trace evidence; and
            (2) train, assist, and employ forensic laboratory personnel 
        as needed to eliminate a forensic evidence backlog.
    (c) Use of Funds.--
            (1) Supplanting prohibited.--Grant funds made available to 
        applicants under this section shall be used to supplement and 
        not supplant other Federal or State funds.
            (2) Administrative costs.--An applicant may use not more 
        than 5 percent of the funds received through grants awarded 
        under this section for administrative costs.
    (d) Application.--
            (1) In general.--A State, local government, or tribal 
        government desiring a grant under this section, shall submit to 
        the Attorney General an application in such form and containing 
        such information as the Attorney General may require.
            (2) Assurances and certification.--The application 
        submitted under paragraph (1) shall--
                    (A) provide assurances that the applicant has 
                implemented, or will implement not later than 120 days 
                after the submission date of such application, a 
                comprehensive plan for the expeditious analysis of the 
                forensic evidence currently backlogged; and
                    (B) certify that the forensic science laboratory--
                            (i) employs generally accepted practices 
                        and procedures; and
                            (ii) is accredited by the Laboratory 
                        Accreditation Board of the American Society of 
                        Crime Laboratory Directors or the National 
                        Association of Medical Examiners or any other 
                        nonprofit professional organization that may be 
                        recognized within the forensic science 
                        community as competent to award such 
                        accreditation.
    (e) Defined Term.--As used in this section, the term ``forensic 
evidence backlog'' means--
            (1) particular forensic evidence has been admitted to the 
        laboratory faster than it can be analyzed; or
            (2) pertinent testing has been curtailed or not performed 
        due to lack of resources.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General $20,000,000 for each of the fiscal 
years 2005 through 2009 for grants under this section.

SEC. 212. REPORT TO CONGRESS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the implementation of this Act.
    (b) Contents.--The report submitted under subsection (a) shall 
include a description of--
            (1) the progress made by Federal, State, and local entities 
        in--
                    (A) collecting and entering DNA samples from 
                offenders convicted of qualifying offenses for 
                inclusion in the Combined DNA Index System (referred to 
                in this subsection as ``CODIS'');
                    (B) analyzing samples from crime scenes, including 
                evidence collected from sexual assaults and other 
                serious violent crimes, and entering such DNA analyses 
                in CODIS; and
                    (C) increasing the capacity of forensic 
                laboratories to conduct DNA analyses;
            (2) the priorities and plan for awarding grants among 
        eligible States and units of local government to ensure that 
        the purposes of this Act are carried out;
            (3) the distribution of grant amounts under this Act among 
        eligible States and local governments, and whether the 
        distribution of such funds has served the purposes of the 
        Debbie Smith DNA Backlog Grant Program;
            (4) grants awarded and the use of such grants by eligible 
        entities for DNA training and education programs for law 
        enforcement, correctional personnel, court officers, medical 
        personnel, victim service providers, and other personnel 
        authorized under sections 203 and 204;
            (5) grants awarded and the use of such grants by eligible 
        entities to conduct DNA research and development programs to 
        improve forensic DNA technology, and implement demonstration 
        projects under section 205;
            (6) the steps taken to establish the National Forensic 
        Science Commission, and the activities of the Commission under 
        section 205(c);
            (7) the use of funds by the Federal Bureau of Investigation 
        under section 206;
            (8) grants awarded and the use of such grants by eligible 
        entities to promote the use of forensic DNA technology to 
        identify missing persons and unidentified human remains under 
        section 207;
            (9) grants awarded and the use of such grants by eligible 
        entities to eliminate forensic science backlogs under sections 
        210 and 211; and
            (10) any other matters considered relevant by the Attorney 
        General.
                                 <all>