I 
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. SA´NCHEZ of 
California, Ms. SOLIS, Mr. SPRATT, Mr. OWENS, Mr. DOOLEY of Cali-
fornia, 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 pros-
ecution of sexual assault cases with DNA evidence.
Be it enacted by the Senate and House of Representa-
tives 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 enforce-
ment 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 Gen-
eral shall submit to Congress a report on the assess-
ment 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 as-
sessments 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 Jus-
tice to carry out this section $500,000 for fiscal year 
2004. 
SEC. 3. THE DEBBIE SMITH DNA BACKLOG GRANT PRO-
GRAM. 
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 ‘‘AU-
THORIZATION
OF
DEBBIE
SMITH
DNA
BACK-
LOG GRANTS.’’; and 
(2) in subsection (a)—
(A) in paragraph (2), by inserting ‘‘includ-
ing 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 SAM-
PLES FROM CONVICTED OFFENDERS AND 
CRIME SCENES. 
Section 2(j) of the DNA Analysis Backlog Elimi-
nation 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 in-
serting 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 ELIMI-
NATION 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 gov-
ernment, or Indian tribes’’ after ‘‘eligible 
States’’; and 
(ii) by inserting ‘‘, unit of local gov-
ernment, 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 insert-
ing ‘‘, a unit of local government, or an In-
dian tribe’’; and
(ii) in subparagraph (B), by striking 
‘‘or a unit of local government’’ and insert-
ing ‘‘, a unit of local government, or an In-
dian 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 govern-
ment, 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 pe-
riod 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 govern-
ment, 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 sub-
mitted, the State, unit of local government, or In-
dian 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 as-
sault to a laboratory that meets the quality assur-
ance 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 sec-
tion, 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 COLLEC-
TION 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 enact-
ment 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 pro-
tocol for the collection of DNA evidence at crime 
scenes, including crimes of rape and other sexual as-
sault.
(b) STANDARDS, PRACTICE, AND TRAINING FOR SEX-
UAL
ASSAULT
FORENSIC
EXAMINATIONS.—Section 
1405(a) of the Victims of Trafficking and Violence Protec-
tion Act of 2000 (42 U.S.C. 3796gg note) is amended—
(1) in paragraph (2), by inserting ‘‘and emer-
gency response personnel’’ after ‘‘health care stu-
dents’’; and 
(2) in paragraph (3), by inserting ‘‘and DNA 
evidence collection’’ after ‘‘sexual assault forensic ex-
aminations’’. 
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 exam-
iner 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, in-
cluding sexual assault nurse examiner (SANE) pro-
grams, 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 sec-
tion—
(1) an eligible entity shall submit to the Attor-
ney General an application in such form and con-
taining such information as the Attorney General 
may require; and 
(2) an existing or proposed sexual assault ex-
amination program shall also—
(A) certify that the program complies with 
the standards and recommended protocol devel-
oped by the Attorney General pursuant to sec-
tion 1405 of the Victims of Trafficking and Vi-
olence 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 col-
lection and processing of DNA evidence at 
crime scenes. 
(d) PRIORITY.—In awarding grants under this sec-
tion, 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 sup-
plant State funds, but shall be used to increase the 
amount of funds that would, in the absence of Fed-
eral 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 re-
ceives 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 pro-
grams to apply for and obtain Federal funding from 
any other agency or department or any other Fed-
eral 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 in-
vestigators, 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 recog-
nize, 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 sec-
tion, the chief executive officer of a State, unit of local
government, or university, or the head of a tribal govern-
ment 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 re-
quire; 
(2) certification that the applicant is aware of, 
and utilizing, uniform protocols and standards 
issued by the Department of Justice on the collec-
tion and processing of DNA evidence at crime 
scenes; 
(3) certification that the applicant is aware of, 
and utilizing, the national sexual assault forensic ex-
amination 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 govern-
ment, 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 sup-
plant State funds, but shall be used to increase the 
amount of funds that would, in the absence of Fed-
eral 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 re-
ceives 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 fol-
lowing: 
‘‘(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 de-
scribe 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 com-
mitted, 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 sum-
mons in connection with the charges contained 
in the indictment. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, 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 defend-
ant is unknown, it shall be sufficient to describe the de-
fendant, in the indictment, as an individual whose name 
is unknown, but who has a particular DNA profile, as de-
fined 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 fol-
lowing: 
‘‘(a) IN GENERAL.—There’’; and 
(2) by adding at the end the following: 
‘‘(b) INCREASED GRANTS FOR CODIS.—There is au-
thorized to be appropriated to the Federal Bureau of In-
vestigation 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 fis-
cal 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 be-
fore the period at the end the following: ‘‘or in section 
3282(b) of title 18, United States Code’’. 
(b) LIMITATION
ON ACCESS
TO DNA INFORMA-
TION.—Section 10 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135e) is amended by 
adding at the end the following: 
‘‘(d) LIMITATION ON ACCESS TO DNA INFORMA-
TION.—
‘‘(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 estab-
lished under paragraph (1) shall establish conditions 
for using DNA information to—
‘‘(A) limit the use and dissemination of 
such information, as provided under subpara-
graphs 
(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 in-
formation; 
‘‘(C) ensure the accuracy, security, and 
confidentiality of such information;
‘‘(D) protect any privacy rights of individ-
uals who are the subject of such information; 
and 
‘‘(E) provide for the timely removal and 
destruction of obsolete or inaccurate informa-
tion, 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’’.
Æ