[Congressional Record Volume 148, Number 115 (Thursday, September 12, 2002)]
[Senate]
[Pages S8577-S8580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 DNA SEXUAL ASSAULT JUSTICE ACT OF 2002

  Mr. REID. I ask unanimous consent the Senate now proceed to the 
consideration of Calendar No. 501, S. 2513.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on the Judiciary, with 
an amendment to strike all after the enacting clause and inserting in 
lieu thereof the following:

  [Delete the part printed in black brackets and insert the part 
printed in italic.]

     [SECTION 1. SHORT TITLE.

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

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

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

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

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

     [SEC. 4. INCREASED GRANTS FOR DNA ANALYSIS.

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

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

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

     [SEC. 6. IMPROVING ELIGIBILITY CRITERIA FOR BACKLOG GRANTS.

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

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

       [(a) Authorization of Grants.--The Attorney General shall 
     make grants to eligible entities to--
       [(1) carry out sexual assault examiner training and 
     certification;
       [(2) develop sexual assault examiner programs;
       [(3) acquire or improve forensic equipment;
       [(4) train law enforcement personnel in the handling of 
     sexual assault cases and the collection and use of DNA 
     samples for use as forensic evidence; and
       [(5) train law enforcement personnel to recognize, detect, 
     report, and respond to drug-facilitated sexual assaults.
       [(b) Eligible Entity.--For purposes of this section, the 
     term ``eligible entity'' means--
       [(1) a State;
       [(2) a unit of local government;
       [(3) a college, university, or other institute of higher 
     learning;
       [(4) sexual assault examination programs, including sexual 
     assault forensic examiner (SAFE) programs, sexual assault 
     nurse examiner (SANE) programs, and sexual assault response 
     team (SART) programs; and
       [(5) a State sexual assault coalition.
       [(c) Application.--To receive a grant under this section--
       [(1) the chief executive officer of a State, unit of local 
     government, or university that desires a grant under this 
     section shall submit to the Attorney General--
       [(A) an application in such form and containing such 
     information as the Attorney General may require;
       [(B) certification that the testing will be done in a 
     laboratory that complies with the quality assurance and 
     proficiency testing standards for collecting and processing 
     DNA samples issued by the Director of the Federal Bureau of 
     Investigation under section 210303 of the DNA Identification 
     Act of 1994 (42 U.S.C. 14131);
       [(C) notice that the applicant is aware of, and utilizing, 
     uniform protocols and standards issued by the Department of 
     Justice on the collection and processing of DNA evidence at 
     crime scenes; and
       [(D) if the applicant is a unit of local government, 
     certification that the applicant participates in a State 
     laboratory system; and
       [(2) an existing or proposed sexual assault examination 
     program shall submit to the Attorney General--
       [(A) an application in such form and containing such 
     information as the Attorney General may require;
       [(B) certification that the program complies with the 
     standards and recommended

[[Page S8578]]

     protocol developed by the Attorney General pursuant to 
     section 1405 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (42 U.S.C. 3796gg note); and
       [(C) notice that the applicant is aware of, and utilizing, 
     uniform protocols and standards issued by the Department of 
     Justice on the collection and processing of DNA evidence at 
     crime scenes.
       [(d) Priority.--In awarding grants under this section, the 
     Attorney General shall give priority to proposed or existing 
     sexual assault examination programs that are serving, or will 
     serve, populations currently underserved by existing sexual 
     assault examination programs.
       [(e) Restrictions on Use of Funds.--
       [(1) Supplemental funds.--Funds made available under this 
     section shall not be used to supplant State funds, but shall 
     be used to increase the amount of funds that would, in the 
     absence of Federal funds, be made available from State 
     sources for the purposes of this section.
       [(2) Administrative costs.--An eligible entity may not use 
     more than 3 percent of the funds it receives under this 
     section for administrative expenses.
       [(3) Nonexclusivity.--Nothing in this section shall be 
     construed to limit or restrict the ability of proposed or 
     existing sexual assault examination programs to apply for and 
     obtain Federal funding from any other agency or department or 
     any other Federal Grant program.
       [(f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Justice $15,000,000 
     for each of fiscal years 2003 through 2006 to carry out this 
     section.

     [SEC. 8. AUTHORIZING JOHN DOE DNA INDICTMENTS.

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

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

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

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

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

     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--

[[Page S8579]]

       (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''.

[[Page S8580]]

       (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''.
  Mr. REID. I ask consent that the committee substitute amendment be 
agreed to, the bill, as amended, be read the third time and passed, the 
motion to reconsider be laid upon the table, and any statements 
relating thereto be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2513), as amended, was read the third time and passed.

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