Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) ensure that DNA testing and analysis of samples from rape kits and non-suspect cases are carried out in a timely manner; (2) reauthorize grants; (3) make local governments eligible for grants; (4) direct the Attorney General to give priority to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; and (5) expand the scope of DNA samples subject to privacy protections.
Amends: (1) the Federal criminal code and the Federal Rules of Criminal Procedure to authorize "John Doe" DNA indictments for sexual abuse (allows describing a person as an unknown individual who has a particular DNA profile if the identity of the accused or defendant is unknown); and (2) the DNA Identification Act of 1994 to authorize appropriations to the Federal Bureau of Investigation to carry out a redesign of the Combined DNA Index System.
[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>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
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