II 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Advancing Justice Through DNA Technology Act of 

4 2003’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 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.

7 TITLE I—RAPE KITS AND DNA 

8 EVIDENCE BACKLOG ELIMI9 NATION ACT OF 2003

10 SEC. 101. SHORT TITLE. 

11 This title may be cited as the ‘‘Rape Kits and DNA 

12 Evidence Backlog Elimination Act of 2003’’. 
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1 SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

2 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

3 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 

4 DNA Analysis Backlog Elimination Act of 2000 (42 

5 U.S.C. 14135) is amended—

6 (1) by amending the heading to read as follows: 

7 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO8 GRAM.’’; 

9 (2) in subsection (a)—

10 (A) in the matter preceding paragraph 

11 (1)—

12 (i) by inserting ‘‘or units of local gov13 ernment’’ after ‘‘eligible States’’; and 

14 (ii) by inserting ‘‘or unit of local gov15 ernment’’ after ‘‘State’’; 

16 (B) in paragraph (2), by inserting before 

17 the period at the end the following: ‘‘, including 

18 samples from rape kits, samples from other sex19 ual assault evidence, and samples taken in cases 

20 without an identified suspect’’; and 

21 (C) in paragraph (3), by striking ‘‘within 

22 the State’’; 

23 (3) in subsection (b)—

24 (A) in the matter preceding paragraph 

25 (1)—
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1 (i) by inserting ‘‘or unit of local gov2 ernment’’ after ‘‘State’’ both places that 

3 term appears; and 

4 (ii) by inserting ‘‘, as required by the 

5 Attorney General’’ after ‘‘application 

6 shall’’; 

7 (B) in paragraph (1), by inserting ‘‘or unit 

8 of local government’’ after ‘‘State’’; 

9 (C) in paragraph (3), by inserting ‘‘or unit 

10 of local government’’ after ‘‘State’’ the first 

11 place that term appears; 

12 (D) in paragraph (4)—

13 (i) by inserting ‘‘or unit of local gov14 ernment’’ after ‘‘State’’; and 

15 (ii) by striking ‘‘and’’ at the end; 

16 (E) in paragraph (5)—

17 (i) by inserting ‘‘or unit of local gov18 ernment’’ after ‘‘State’’; and 

19 (ii) by striking the period at the end 

20 and inserting a semicolon; and 

21 (F) by adding at the end the following: 

22 ‘‘(6) if submitted by a unit of local government, 

23 certify that the unit of local government has taken, 

24 or is taking, all necessary steps to ensure that it is 

25 eligible to include, directly or through a State law 
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1 enforcement agency, all analyses of samples for 

2 which it has requested funding in the Combined 

3 DNA Index System; and’’; 

4 (4) in subsection (d)—

5 (A) in paragraph (1)—

6 (i) in the matter preceding subpara7 graph (A), by striking ‘‘The plan’’ and in8 serting ‘‘A plan pursuant to subsection 

9 (b)(1)’’; 

10 (ii) in subparagraph (A), by striking 

11 ‘‘within the State’’; and 

12 (iii) in subparagraph (B), by striking 

13 ‘‘within the State’’; and 

14 (B) in paragraph (2)(A), by inserting ‘‘and 

15 units of local government’’ after ‘‘States’’;

16 (5) in subsection (e)—

17 (A) in paragraph (1), by inserting ‘‘or local 

18 government’’ after ‘‘State’’ both places that 

19 term appears; and 

20 (B) in paragraph (2), by inserting ‘‘or unit 

21 of local government’’ after ‘‘State’’; 

22 (6) in subsection (f), in the matter preceding 

23 paragraph (1), by inserting ‘‘or unit of local govern24 ment’’ after ‘‘State’’; 

25 (7) in subsection (g)—
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1 (A) in paragraph (1), by inserting ‘‘or unit 

2 of local government’’ after ‘‘State’’; and

3 (B) in paragraph (2), by inserting ‘‘or 

4 units of local government’’ after ‘‘States’’; and 

5 (8) in subsection (h), by inserting ‘‘or unit of 

6 local government’’ after ‘‘State’’ both places that 

7 term appears. 

8 (b) REAUTHORIZATION AND EXPANSION OF PRO9 GRAM.—Section 2 of the DNA Analysis Backlog Elimi10 nation Act of 2000 (42 U.S.C. 14135) is amended—

11 (1) in subsection (a)—

12 (A) in paragraph (3), by inserting ‘‘(1) or’’ 

13 before ‘‘(2)’’; and 

14 (B) by inserting at the end the following: 

15 ‘‘(4) To collect DNA samples specified in para16 graph (1). 

17 ‘‘(5) To ensure that DNA testing and analysis 

18 of samples from crimes, including sexual assault and 

19 other serious violent crimes, are carried out in a 

20 timely manner.’’; 

21 (2) in subsection (b), as amended by this sec22 tion, by inserting at the end the following: 

23 ‘‘(7) specify that portion of grant amounts that 

24 the State or unit of local government shall use for 

25 the purpose specified in subsection (a)(4).’’; 
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1 (3) by amending subsection (c) to read as fol2 lows: 

3 ‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—

4 ‘‘(1) IN GENERAL.—The Attorney General shall 

5 distribute grant amounts, and establish appropriate 

6 grant conditions under this section, in conformity 

7 with a formula or formulas that are designed to ef8 fectuate a distribution of funds among eligible 

9 States and units of local government that—

10 ‘‘(A) maximizes the effective utilization of 

11 DNA technology to solve crimes and protect 

12 public safety; and 

13 ‘‘(B) allocates grants among eligible enti14 ties fairly and efficiently to address areas where 

15 significant backlogs exist, by considering—

16 ‘‘(i) the number of offender and case17 work samples awaiting DNA analysis in a 

18 jurisdiction; 

19 ‘‘(ii) the population in the jurisdiction; 

20 and 

21 ‘‘(iii) the number of part I violent 

22 crimes in the jurisdiction. 

23 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen24 eral shall allocate to each State not less than 0.50 

25 percent of the total amount appropriated in a fiscal 
8

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1 year for grants under this section, except that the 

2 United States Virgin Islands, American Samoa, 

3 Guam, and the Northern Mariana Islands shall each 

4 be allocated 0.125 percent of the total appropriation. 

5 ‘‘(3) LIMITATION.—Grant amounts distributed 

6 under paragraph (1) shall be awarded to conduct 

7 DNA analyses of samples from casework or from 

8 victims of crime under subsection (a)(2) in accord9 ance with the following limitations: 

10 ‘‘(A) For fiscal year 2004, not less than 50 

11 percent of the grant amounts shall be awarded 

12 for purposes under subsection (a)(2). 

13 ‘‘(B) For fiscal year 2005 not less than 50 

14 percent of the grant amounts shall be awarded 

15 for purposes under subsection (a)(2). 

16 ‘‘(C) For fiscal year 2006, not less than 45 

17 percent of the grant amounts shall be awarded 

18 for purposes under subsection (a)(2). 

19 ‘‘(D) For fiscal year 2007, not less than 

20 40 percent of the grant amounts shall be 

21 awarded for purposes under subsection (a)(2). 

22 ‘‘(E) For fiscal year 2008, not less than 40 

23 percent of the grant amounts shall be awarded 

24 for purposes under subsection (a)(2).’’; 

25 (4) in subsection (g)—
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1 (A) in paragraph (1), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(3) a description of the priorities and plan for 

7 awarding grants among eligible States and units of 

8 local government, and how such plan will ensure the 

9 effective use of DNA technology to solve crimes and 

10 protect public safety.’’; 

11 (5) in subsection (j), by striking paragraphs (1) 

12 and (2) and inserting the following: 

13 ‘‘(1) $151,000,000 for fiscal year 2004; 

14 ‘‘(2) $151,000,000 for fiscal year 2005; 

15 ‘‘(3) $151,000,000 for fiscal year 2006; 

16 ‘‘(4) $151,000,000 for fiscal year 2007; and 

17 ‘‘(5) $151,000,000 for fiscal year 2008.’’; and 

18 (6) by adding at the end the following: 

19 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU20 DITS.—The Attorney General may distribute not more 

21 than 1 percent of the grant amounts under subsection 

22 (j)—

23 ‘‘(1) to States or units of local government to 

24 defray the costs incurred by laboratories operated by 
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1 each such State or unit of local government in pre2 paring for accreditation or reaccreditation;

3 ‘‘(2) in the form of additional grants to States, 

4 units of local government, or nonprofit professional 

5 organizations of persons actively involved in forensic 

6 science and nationally recognized within the forensic 

7 science community—

8 ‘‘(A) to defray the costs of external audits 

9 of laboratories operated by such State or unit 

10 of local government, which are participating in 

11 the National DNA Index System in order to en12 sure compliance with quality assurance stand13 ards;

14 ‘‘(B) to assess compliance with any plans 

15 submitted to the National Institute of Justice, 

16 which detail the use of funds received by States 

17 or units of local government under this Act; 

18 and 

19 ‘‘(C) to support future capacity building 

20 efforts; and 

21 ‘‘(3) in the form of additional grants to non22 profit professional associations actively involved in 

23 forensic science and nationally recognized within the 

24 forensic science community to defray the costs of 

25 training persons who conduct external audits of lab-
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1 oratories operated by States and units of local gov2 ernment and which participate in the National DNA 

3 Index System. 

4 ‘‘(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—

5 In the event that a laboratory operated by a State or unit 

6 of local government which has received funds under this 

7 Act, has undergone an external audit conducted in order 

8 to demonstrate compliance with standards established by 

9 the Director of the Federal Bureau of Investigation, and, 

10 as a result of such audit, identifies measures to remedy 

11 deficiencies with respect to the compliance by the labora12 tory with such standards, the State or unit of local govern13 ment shall implement any such remediation as soon as 

14 practicable.’’. 

15 SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM. 

16 (a) INCLUSION OF ALL DNA SAMPLES FROM

17 STATES.—Section 210304 of the DNA Identification Act 

18 of 1994 (42 U.S.C. 14132) is amended—

19 (1) in subsection (a)(1), by striking ‘‘of persons 

20 convicted of crimes;’’ and inserting the following: 

21 ‘‘of—

22 ‘‘(A) persons convicted of crimes; and 

23 ‘‘(B) other persons whose DNA samples 

24 are collected under applicable legal authori25 ties;’’; and 
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1 (2) by striking subsection (d). 

2 (b) FELONS CONVICTED OF FEDERAL CRIMES.—

3 Section 3(d) of the DNA Analysis Backlog Elimination 

4 Act of 2000 (42 U.S.C. 14135a(d)) is amended to read 

5 as follows: 

6 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of7 fenses that shall be treated for purposes of this section 

8 as qualifying Federal offenses are the following offenses, 

9 as determined by the Attorney General: 

10 ‘‘(1) Any felony. 

11 ‘‘(2) Any offense under chapter 109A of title 

12 18, United States Code. 

13 ‘‘(3) Any crime of violence (as that term is de14 fined in section 16 of title 18, United States Code). 

15 ‘‘(4) Any attempt or conspiracy to commit any 

16 of the offenses in paragraphs (1) through (3).’’. 

17 (c) MILITARY OFFENSES.—Section 1565 of title 10, 

18 United States Code, is amended—

19 (1) by amending subsection (d) to read as fol20 lows: 

21 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The of22 fenses that shall be treated for purposes of this section 

23 as qualifying military offenses are the following offenses, 

24 as determined by the Secretary of Defense, in consultation 

25 with the Attorney General: 
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1 ‘‘(1) Any offense under the Uniform Code of 

2 Military Justice for which a sentence of confinement 

3 for more than one year may be imposed. 

4 ‘‘(2) Any other offense under the Uniform Code 

5 of Military Justice that is comparable to a qualifying 

6 Federal offense (as determined under section 3(d) of 

7 the DNA Analysis Backlog Elimination Act of 2000 

8 (42 U.S.C. 14135a(d)).’’; 

9 (2) by striking subsection (e); and 

10 (3) by redesignating subsection (f) as sub11 section (e). 

12 (d) COLLECTION OF DNA IDENTIFICATION INFOR13 MATION FROM PERSONS ARRESTED FOR QUALIFYING

14 FEDERAL OFFENSES.—

15 (1) IN GENERAL.—Section 3 of the DNA Anal16 ysis Backlog Elimination Act of 2000 (42 U.S.C. 

17 14135a) is amended—

18 (A) in subsection (a)—

19 (i) in paragraph (1), by striking ‘‘The 

20 Director’’, and inserting the following: 

21 ‘‘(A) The Attorney General shall collect a 

22 DNA sample from each individual who is ar23 rested for, or accused by information or indict24 ment of, a qualifying Federal offense (as deter25 mined under subsection (d)). The Attorney 
14

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1 General may delegate this function within the 

2 Department of Justice as provided in section 

3 510 of title 28, United States Code, and may 

4 also authorize and direct any other agency that 

5 makes arrests for such offenses or supervises 

6 persons facing charges of such offenses to carry 

7 out any function and exercise any power of the 

8 Attorney General under this section. 

9 ‘‘(B) The Director’’; and 

10 (ii) in paragraphs (3) and (4), by 

11 striking ‘‘Director of the Bureau of Pris12 ons’’ each place it appears and inserting 

13 ‘‘Attorney General, the Director of the Bu14 reau of Prisons,’’; and 

15 (B) in subsection (b), by striking ‘‘Director 

16 of the Bureau of Prisons’’ and inserting ‘‘Attor17 ney General, the Director of the Bureau of 

18 Prisons,’’. 

19 (2) CONDITIONS OF RELEASE.—

20 (A) SECTION 3142 AMENDMENTS.—Sub21 sections (b) and (c)(1)(A) of section 3142 of 

22 title 18, United States Code, are each amended 

23 by inserting ‘‘and subject to the condition that 

24 the person cooperate in the collection of a DNA 

25 sample from the person if the collection of such
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1 a sample is authorized pursuant to section 3 of 

2 the DNA Analysis Backlog Elimination Act of 

3 2000 (42 U.S.C. 14135a)’’ after ‘‘period of re4 lease’’. 

5 (B) BACKLOG ELIMINATION ACT AMEND6 MENT.—Section 7(d) of the DNA Analysis 

7 Backlog Elimination Act of 2000 (42 U.S.C. 

8 14135c) is amended by inserting ‘‘, or on re9 lease under chapter 207 of title 18, United 

10 States Code,’’ before ‘‘is authorized’’. 

11 SEC. 104. TOLLING OF STATUTE OF LIMITATIONS. 

12 (a) IN GENERAL.—Chapter 213 of title 18, United 

13 States Code, is amended by adding at the end the fol14 lowing: 

15 ‘‘§ 3297. Cases involving DNA evidence 

16 ‘‘In a case in which DNA testing implicates a person 

17 in the commission of a felony, no statute of limitations 

18 that would otherwise preclude prosecution of the offense 

19 shall preclude such prosecution until a period of time fol20 lowing the implication of the person by DNA testing has 

21 elapsed that is equal to the otherwise applicable limitation 

22 period.’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 for chapter 213 of title 18, United States Code, is amend25 ed by adding at the end the following:

‘‘3297. Cases involving DNA evidence.’’.
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1 (c) APPLICATION.—The amendments made by this 

2 section shall apply to the prosecution of any offense com3 mitted before, on, or after the date of the enactment of 

4 this section to the full extent permitted by the Constitu5 tion. 

6 SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 

7 Section 1201 of the Violence Against Women Act of 

8 2000 (42 U.S.C. 3796gg–6) is amended—

9 (1) in subsection (a), by inserting ‘‘dating vio10 lence,’’ after ‘‘domestic violence,’’; 

11 (2) in subsection (b)—

12 (A) by redesignating paragraphs (1) 

13 through (3) as paragraphs (2) through (4), re14 spectively; 

15 (B) by inserting before paragraph (2), as 

16 redesignated by subparagraph (A), the fol17 lowing: 

18 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio19 lence’ means violence committed by a person who is 

20 or has been in a social relationship of a romantic or 

21 intimate nature with the victim. The existence of 

22 such a relationship shall be determined based on a 

23 consideration of—

24 ‘‘(A) the length of the relationship; 

25 ‘‘(B) the type of relationship; and 
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1 ‘‘(C) the frequency of interaction between 

2 the persons involved in the relationship.’’; and 

3 (C) in paragraph (3), as redesignated by 

4 subparagraph (A), by inserting ‘‘dating vio5 lence,’’ after ‘‘domestic violence,’’; 

6 (3) in subsection (c)—

7 (A) in paragraph (1)—

8 (i) by inserting ‘‘, dating violence,’’ 

9 after ‘‘between domestic violence’’; and 

10 (ii) by inserting ‘‘dating violence,’’ 

11 after ‘‘victims of domestic violence,’’;

12 (B) in paragraph (2), by inserting ‘‘dating 

13 violence,’’ after ‘‘domestic violence,’’; and 

14 (C) in paragraph (3), by inserting ‘‘dating 

15 violence,’’ after ‘‘domestic violence,’’; 

16 (4) in subsection (d)—

17 (A) in paragraph (1), by inserting ‘‘, dat18 ing violence,’’ after ‘‘domestic violence’’; 

19 (B) in paragraph (2), by inserting ‘‘, dat20 ing violence,’’ after ‘‘domestic violence’’; 

21 (C) in paragraph (3), by inserting ‘‘, dat22 ing violence,’’ after ‘‘domestic violence’’; and 

23 (D) in paragraph (4), by inserting ‘‘dating 

24 violence,’’ after ‘‘domestic violence,’’; 
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1 (5) in subsection (e), by inserting ‘‘dating vio2 lence,’’ after ‘‘domestic violence,’’; and 

3 (6) in subsection (f)(2)(A), by inserting ‘‘dating 

4 violence,’’ after ‘‘domestic violence,’’. 

5 SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN 

6 ELIMINATING DNA BACKLOG. 

7 Section 2(d)(3) of the DNA Analysis Backlog Elimi8 nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended 

9 to read as follows: 

10 ‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR

11 CERTAIN PURPOSES.—

12 ‘‘(A) IN GENERAL.—A grant for the pur13 poses specified in paragraph (1), (2), or (5) of 

14 subsection (a) may be made in the form of a 

15 voucher or contract for laboratory services, even 

16 if the laboratory makes a reasonable profit for 

17 the services. 

18 ‘‘(B) REDEMPTION.—A voucher or con19 tract under subparagraph (A) may be redeemed 

20 at a laboratory operated on a non-profit or for21 profit basis by a private entity that satisfies 

22 quality assurance standards and has been ap23 proved by the Attorney General. 

24 ‘‘(C) PAYMENTS.—The Attorney General 

25 may use amounts authorized under subsection 
19

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1 (j) to make payments to a laboratory described 

2 under subparagraph (B).’’. 

3 TITLE II—DNA SEXUAL ASSAULT 

4 JUSTICE ACT OF 2003

5 SEC. 201. SHORT TITLE. 

6 This title may be cited as the ‘‘DNA Sexual Assault 

7 Justice Act of 2003’’. 

8 SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLI9 ANCE WITH FEDERAL STANDARDS. 

10 Section 210304(b)(2) of the DNA Identification Act 

11 of 1994 (42 U.S.C. 14132(b)(2)), is amended to read as 

12 follows: 

13 ‘‘(2) prepared by laboratories that—

14 ‘‘(A) not later than 2 years after the date 

15 of enactment of the DNA Sexual Assault Jus16 tice Act of 2003, have been accredited by a 

17 nonprofit professional association of persons ac18 tively involved in forensic science that is nation19 ally recognized within the forensic science com20 munity; and 

21 ‘‘(B) undergo external audits, not less than 

22 once every 2 years, that demonstrate compli23 ance with standards established by the Director 

24 of the Federal Bureau of Investigation; and’’.
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1 SEC. 203. DNA TRAINING AND EDUCATION FOR LAW EN2 FORCEMENT, CORRECTIONAL PERSONNEL, 

3 AND COURT OFFICERS. 

4 (a) IN GENERAL.—The Attorney General shall make 

5 grants to provide training, technical assistance, education, 

6 and information relating to the identification, collection, 

7 preservation, analysis, and use of DNA samples and DNA 

8 evidence by—

9 (1) law enforcement personnel, including police 

10 officers and other first responders, evidence techni11 cians, investigators, and others who collect or exam12 ine evidence of crime; 

13 (2) court officers, including State and local 

14 prosecutors, defense lawyers, and judges; 

15 (3) forensic science professionals; and 

16 (4) corrections personnel, including prison and 

17 jail personnel, and probation, parole, and other offi18 cers involved in supervision. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $12,500,000 for each 

21 of the fiscal years 2004 through 2008 to carry out this 

22 section. 

23 SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 

24 GRANTS. 

25 (a) IN GENERAL.—The Attorney General shall make 

26 grants to eligible entities to provide training, technical as-
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1 sistance, education, equipment, and information relating 

2 to the identification, collection, preservation, analysis, and 

3 use of DNA samples and DNA evidence by medical per4 sonnel and other personnel, including doctors, medical ex5 aminers, coroners, nurses, victim service providers, and 

6 other professionals involved in treating victims of sexual 

7 assault and sexual assault examination programs, includ8 ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex9 ual Assault Forensic Examiner), and SART (Sexual As10 sault Response Team). 

11 (b) ELIGIBLE ENTITY.—For purposes of this section, 

12 the term ‘‘eligible entity’’ includes—

13 (1) States; 

14 (2) units of local government; and 

15 (3) sexual assault examination programs, in16 cluding—

17 (A) sexual assault nurse examiner (SANE) 

18 programs; 

19 (B) sexual assault forensic examiner 

20 (SAFE) programs; 

21 (C) sexual assault response team (SART) 

22 programs; and 

23 (D) State sexual assault coalitions. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $30,000,000 for each 
22

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1 of the fiscal years 2004 through 2008 to carry out this 

2 section. 

3 SEC. 205. DNA RESEARCH AND DEVELOPMENT. 

4 (a) IMPROVING DNA TECHNOLOGY.—The Attorney 

5 General shall make grants for research and development 

6 to improve forensic DNA technology, including increasing 

7 the identification accuracy and efficiency of DNA analysis, 

8 decreasing time and expense, and increasing portability. 

9 (b) DEMONSTRATION PROJECTS.—The Attorney 

10 General shall conduct research through grants for dem11 onstration projects involving coordinated training and 

12 commitment of resources to law enforcement agencies and 

13 key criminal justice participants to demonstrate and 

14 evaluate the use of forensic DNA technology in conjunc15 tion with other forensic tools. The demonstration projects 

16 shall include scientific evaluation of the public safety bene17 fits, improvements to law enforcement operations, and 

18 cost-effectiveness of increased collection and use of DNA 

19 evidence. 

20 (c) NATIONAL FORENSIC SCIENCE COMMISSION.—

21 (1) APPOINTMENT.—The Attorney General 

22 shall appoint a National Forensic Science Commis23 sion (in this section referred to as the ‘‘Commis24 sion’’), composed of persons experienced in criminal 

25 justice issues, including persons from the forensic 
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1 science and criminal justice communities, to carry 

2 out the responsibilities under paragraph (2). 

3 (2) RESPONSIBILITIES.—The Commission 

4 shall—

5 (A) assess the present and future resource 

6 needs of the forensic science community; 

7 (B) make recommendations to the Attor8 ney General for maximizing the use of forensic 

9 technologies and techniques to solve crimes and 

10 protect the public; 

11 (C) identify potential scientific advances 

12 that may assist law enforcement in using foren13 sic technologies and techniques to protect the 

14 public; 

15 (D) make recommendations to the Attor16 ney General for programs that will increase the 

17 number of qualified forensic scientists available 

18 to work in public crime laboratories; 

19 (E) disseminate, through the National In20 stitute of Justice, best practices concerning the 

21 collection and analyses of forensic evidence to 

22 help ensure quality and consistency in the use 

23 of forensic technologies and techniques to solve 

24 crimes and protect the public; 
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1 (F) examine additional issues pertaining to 

2 forensic science as requested by the Attorney 

3 General; 

4 (G) examine Federal, State, and local pri5 vacy protection statutes, regulations, and prac6 tices relating to access to, or use of, stored 

7 DNA samples or DNA analyses, to determine 

8 whether such protections are sufficient; 

9 (H) make specific recommendations to the 

10 Attorney General, as necessary, to enhance the 

11 protections described in subparagraph (G) to 

12 ensure—

13 (i) the appropriate use and dissemina14 tion of DNA information; 

15 (ii) the accuracy, security, and con16 fidentiality of DNA information; 

17 (iii) the timely removal and destruc18 tion of obsolete, expunged, or inaccurate 

19 DNA information; and 

20 (iv) that any other necessary meas21 ures are taken to protect privacy; and 

22 (I) provide a forum for the exchange and 

23 dissemination of ideas and information in fur24 therance of the objectives described in subpara25 graphs (A) through (H).
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1 (3) PERSONNEL; PROCEDURES.—The Attorney 

2 General shall—

3 (A) designate the Chair of the Commission 

4 from among its members; 

5 (B) designate any necessary staff to assist 

6 in carrying out the functions of the Commis7 sion; and 

8 (C) establish procedures and guidelines for 

9 the operations of the Commission. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated $15,000,000 for each 

12 of the fiscal years 2004 through 2008 to carry out this 

13 section.

14 SEC. 206. FBI DNA PROGRAMS. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Federal Bureau 

17 of Investigation $42,100,000 for each of the fiscal years 

18 2004 through 2008 to carry out the DNA programs and 

19 activities described under subsection (b). 

20 (b) PROGRAMS AND ACTIVITIES.—The Federal Bu21 reau of Investigation may use any amounts appropriated 

22 pursuant to subsection (a) for— 

23 (1) nuclear DNA analysis; 

24 (2) mitochondrial DNA analysis; 

25 (3) regional mitochondrial DNA laboratories; 
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•S 1828 IS 

1 (4) the Combined DNA Index System; 

2 (5) the Federal Convicted Offender DNA Pro3 gram; and 

4 (6) DNA research and development. 

5 SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS. 

6 (a) IN GENERAL.—The Attorney General shall make 

7 grants to promote the use of forensic DNA technology to 

8 identify missing persons and unidentified human remains. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $2,000,000 for each of 

11 the fiscal years 2004 through 2008 to carry out this sec12 tion. 

13 SEC. 208. ENHANCED CRIMINAL PENALTIES FOR UNAU14 THORIZED DISCLOSURE OR USE OF DNA IN15 FORMATION. 

16 Section 10(c) of the DNA Analysis Backlog Elimi17 nation Act of 2000 (42 U.S.C. 14135e(c)) is amended to 

18 read as follows: 

19 ‘‘(c) CRIMINAL PENALTY.—A person who knowingly 

20 discloses a sample or result described in subsection (a) in 

21 any manner to any person not authorized to receive it, 

22 or obtains or uses, without authorization, such sample or 

23 result, shall be fined not more than $100,000. Each in24 stance of disclosure, obtaining, or use shall constitute a 

25 separate offense under this subsection.’’. 
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1 SEC. 209. TRIBAL COALITION GRANTS. 

2 Section 2001 of title I of the Omnibus Crime Control 

3 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is 

4 amended by adding at the end the following:

5 ‘‘(d) TRIBAL COALITION GRANTS.—

6 ‘‘(1) PURPOSE.—The Attorney General shall 

7 award grants to tribal domestic violence and sexual 

8 assault coalitions for purposes of—

9 ‘‘(A) increasing awareness of domestic vio10 lence and sexual assault against Indian women; 

11 ‘‘(B) enhancing the response to violence 

12 against Indian women at the tribal, Federal, 

13 and State levels; and 

14 ‘‘(C) identifying and providing technical 

15 assistance to coalition membership and tribal 

16 communities to enhance access to essential serv17 ices to Indian women victimized by domestic 

18 and sexual violence. 

19 ‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At20 torney General shall award grants under paragraph 

21 (1) to—

22 ‘‘(A) established nonprofit, nongovern23 mental tribal coalitions addressing domestic vio24 lence and sexual assault against Indian women; 

25 and 
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1 ‘‘(B) individuals or organizations that pro2 pose to incorporate as nonprofit, nongovern3 mental tribal coalitions to address domestic vio4 lence and sexual assault against Indian women. 

5 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re6 ceipt of an award under this subsection by tribal do7 mestic violence and sexual assault coalitions shall 

8 not preclude the coalition from receiving additional 

9 grants under this title to carry out the purposes de10 scribed in subsection (b).’’. 

11 SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC 

12 SCIENCES IMPROVEMENT GRANT PROGRAM. 

13 (a) FORENSIC BACKLOG ELIMINATION GRANTS.—

14 Section 2804 of the Omnibus Crime Control and Safe 

15 Streets Act of 1968 (42 U.S.C. 3797m) is amended—

16 (1) in subsection (a)—

17 (A) by striking ‘‘shall use the grant to 

18 carry out’’ and inserting ‘‘shall use the grant 

19 to— 

20 ‘‘(1) carry out’’; 

21 (B) by striking the period at the end and 

22 inserting a semicolon; and 

23 (C) by adding at the end the following: 

24 ‘‘(2) eliminate a backlog in the analysis of fo25 rensic science evidence, including firearms examina-
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1 tion, latent prints, toxicology, controlled substances, 

2 forensic pathology, questionable documents, and 

3 trace evidence; and 

4 ‘‘(3) train, assist, and employ forensic labora5 tory personnel, as needed, to eliminate a forensic 

6 evidence backlog.’’; 

7 (2) in subsection (b), by striking ‘‘under this 

8 part’’ and inserting ‘‘for the purpose set forth in 

9 subsection (a)(1)’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(e) DEFINED TERM.—As used in this section, the 

12 term ‘forensic evidence backlog’ means forensic evidence 

13 that—

14 ‘‘(1) has been stored in a laboratory, medical 

15 examiner’s office, or coroner’s office; and 

16 ‘‘(2) has not been subjected to all appropriate 

17 forensic testing because of a lack of resources or 

18 personnel.’’. 

19 (b) EXTERNAL AUDITS.—Section 2802 of the Omni20 bus Crime Control and Safe Streets Act of 1968 (42 

21 U.S.C. 3797k) is amended—

22 (1) in paragraph (2), by striking the ‘‘and’’ at 

23 the end; 

24 (2) in paragraph (3), by striking the period at 

25 the end and inserting ‘‘; and’’; and
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1 (3) by adding at the end the following: 

2 ‘‘(4) a certification that a government entity ex3 ists and an appropriate process is in place to con4 duct independent external investigations into allega5 tions of serious negligence or misconduct substan6 tially affecting the integrity of the forensic results 

7 committed by employees or contractors of any foren8 sic laboratory system, medical examiner’s office, or 

9 coroner’s office in the State that will receive a por10 tion of the grant amount.’’. 

11 (c) THREE-YEAR EXTENSION OF AUTHORIZATION OF

12 APPROPRIATIONS.—Section 1001(a) of the Omnibus 

13 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

14 3793(a)) is amended by striking paragraph (24) and in15 serting the following: 

16 ‘‘(24) There are authorized to be appropriated 

17 to carry out part BB of this Act, to remain available 

18 until expended—

19 ‘‘(A) $35,000,000 for fiscal year 2004; 

20 ‘‘(B) $85,400,000 for fiscal year 2005; 

21 ‘‘(C) $134,733,000 for fiscal year 2006; 

22 ‘‘(D) $128,067,000 for fiscal year 2007; 

23 ‘‘(E) $56,733,000 for fiscal year 2008; and 

24 ‘‘(F) $42,067,000 for fiscal year 2009.’’. 
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1 SEC. 211. CREATION OF NEW FORENSIC BACKLOG ELIMI2 NATION GRANT PROGRAM. 

3 (a) GRANTS AUTHORIZED.—The Attorney General is 

4 authorized to award grants to States, units of local gov5 ernment, and tribal governments to eliminate forensic 

6 science backlogs. 

7 (b) PURPOSE.—The purpose of the grant program es8 tablished under this section is to—

9 (1) eliminate the backlog in the analysis of any 

10 area of forensic science evidence, including firearms 

11 examination, latent prints, toxicology, controlled sub12 stances, forensic pathology, questionable documents, 

13 and trace evidence; and 

14 (2) train, assist, and employ forensic laboratory 

15 personnel as needed to eliminate a forensic evidence 

16 backlog. 

17 (c) USE OF FUNDS.—

18 (1) SUPPLANTING PROHIBITED.—Grant funds 

19 made available to applicants under this section shall 

20 be used to supplement and not supplant other Fed21 eral or State funds. 

22 (2) ADMINISTRATIVE COSTS.—An applicant 

23 may use not more than 5 percent of the funds re24 ceived through grants awarded under this section for 

25 administrative costs. 

26 (d) APPLICATION.—
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1 (1) IN GENERAL.—A State, local government, 

2 or tribal government desiring a grant under this sec3 tion, shall submit to the Attorney General an appli4 cation in such form and containing such information 

5 as the Attorney General may require. 

6 (2) ASSURANCES AND CERTIFICATION.—The 

7 application submitted under paragraph (1) shall—

8 (A) provide assurances that the applicant 

9 has implemented, or will implement not later 

10 than 120 days after the submission date of 

11 such application, a comprehensive plan for the 

12 expeditious analysis of the forensic evidence 

13 currently backlogged; and 

14 (B) certify that the forensic science labora15 tory—

16 (i) employs generally accepted prac17 tices and procedures; and 

18 (ii) is accredited by the Laboratory 

19 Accreditation Board of the American Soci20 ety of Crime Laboratory Directors or the 

21 National Association of Medical Examiners 

22 or any other nonprofit professional organi23 zation that may be recognized within the 

24 forensic science community as competent 

25 to award such accreditation. 
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1 (e) DEFINED TERM.—As used in this section, the 

2 term ‘‘forensic evidence backlog’’ means—

3 (1) particular forensic evidence has been admit4 ted to the laboratory faster than it can be analyzed; 

5 or 

6 (2) pertinent testing has been curtailed or not 

7 performed due to lack of resources. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Attorney General 

10 $20,000,000 for each of the fiscal years 2005 through 

11 2009 for grants under this section. 

12 SEC. 212. REPORT TO CONGRESS. 

13 (a) IN GENERAL.—Not later than 2 years after the 

14 date of enactment of this Act, the Attorney General shall 

15 submit to Congress a report on the implementation of this 

16 Act. 

17 (b) CONTENTS.—The report submitted under sub18 section (a) shall include a description of—

19 (1) the progress made by Federal, State, and 

20 local entities in—

21 (A) collecting and entering DNA samples 

22 from offenders convicted of qualifying offenses 

23 for inclusion in the Combined DNA Index Sys24 tem (referred to in this subsection as 

25 ‘‘CODIS’’); 
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1 (B) analyzing samples from crime scenes, 

2 including evidence collected from sexual as3 saults and other serious violent crimes, and en4 tering such DNA analyses in CODIS; and 

5 (C) increasing the capacity of forensic lab6 oratories to conduct DNA analyses; 

7 (2) the priorities and plan for awarding grants 

8 among eligible States and units of local government 

9 to ensure that the purposes of this Act are carried 

10 out; 

11 (3) the distribution of grant amounts under this 

12 Act among eligible States and local governments, 

13 and whether the distribution of such funds has 

14 served the purposes of the Debbie Smith DNA 

15 Backlog Grant Program;

16 (4) grants awarded and the use of such grants 

17 by eligible entities for DNA training and education 

18 programs for law enforcement, correctional per19 sonnel, court officers, medical personnel, victim serv20 ice providers, and other personnel authorized under 

21 sections 203 and 204; 

22 (5) grants awarded and the use of such grants 

23 by eligible entities to conduct DNA research and de24 velopment programs to improve forensic DNA tech-
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1 nology, and implement demonstration projects under 

2 section 205; 

3 (6) the steps taken to establish the National 

4 Forensic Science Commission, and the activities of 

5 the Commission under section 205(c); 

6 (7) the use of funds by the Federal Bureau of 

7 Investigation under section 206; 

8 (8) grants awarded and the use of such grants 

9 by eligible entities to promote the use of forensic 

10 DNA technology to identify missing persons and un11 identified human remains under section 207; 

12 (9) grants awarded and the use of such grants 

13 by eligible entities to eliminate forensic science back14 logs under sections 210 and 211; and 

15 (10) any other matters considered relevant by 

16 the Attorney General.

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