I
107TH CONGRESS
2D SESSION
H. R. 4746
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
MAY 15, 2002
Mr. WEINER 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 ‘‘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 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 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 nec-
essary to carry out this section.
SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM
RAPE KITS.
Section 2(a) of the DNA Analysis Backlog Elimi-
nation 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 scenes’’; 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 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) $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 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), 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 gov-
ernment’’ after ‘‘State’’; and
(ii) by striking ‘‘and’’ after the semi-
colon;
(E) in paragraph (5)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and
(ii) by striking the final period and in-
serting ‘‘; and’’; and
(F) 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.’’;
(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) (as amended by sec-
tion 5), by striking ‘‘and’’ at the end;
(B) in paragraph (6) (as added by section
5), by striking the period at the end and insert-
ing: ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(7) ensure that each laboratory performing
DNA testing or analysis satisfies the quality assur-
ance protocols and practices described in subsection
(d)(2).’’; 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 as compared to other appli-
cants.’’.
SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RE-
SPONSES 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 han-
dling of sexual assault cases and the collection and
use of DNA samples for use as forensic evidence;
and
(5) 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;
(4) sexual assault examination programs, in-
cluding 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 con-
taining such information as the Attorney Gen-
eral may require;
(B) certification that the testing will be
done in a laboratory that complies with the
quality assurance and proficiency testing stand-
ards 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 col-
lection and processing of DNA evidence at
crime scenes; and
(D) if the applicant is a unit of local gov-
ernment, certification that the applicant partici-
pates in a State laboratory system; and
(2) an existing or proposed sexual assault ex-
amination program shall submit to the Attorney
General—
(A) an application in such form and con-
taining such information as the Attorney Gen-
eral may require;
(B) certification 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
(C) notice 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 3 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 $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 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-