I
107TH CONGRESS
1ST SESSION
H. R. 2874
To make grants to train sexual assault nurse examiners, law enforcement
personnel, and first responders in the handling of sexual assault cases,
to establish minimum standards for forensic evidence collection kits,
to carry out DNA analyses of samples from crime scenes, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 2001
Mrs. MALONEY of New York (for herself, Mr. HORN, Mr. LATOURETTE, Ms.
WOOLSEY, and Ms. ESHOO) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To make grants to train sexual assault nurse examiners,
law enforcement personnel, and first responders in the
handling of sexual assault cases, to establish minimum
standards for forensic evidence collection kits, to carry
out DNA analyses of samples from crime scenes, and
for other purposes.
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’’.
SEC. 2. AUTHORIZATION OF GRANTS FOR TRAINING IN THE
HANDLING OF SEXUAL ASSAULT CASES.
(a) AUTHORIZATION
OF GRANTS.—The Attorney
General may make grants to eligible States for use by the
State to carry out sexual assault nurse examiner programs
and to train law enforcement personnel and first respond-
ers in the handling of sexual assault cases and the collec-
tion and use of DNA samples for use as forensic evidence.
(b) ELIGIBILITY.—For a State to be eligible to re-
ceive a grant under this section, the chief executive officer
of the State shall submit to the Attorney General an appli-
cation in such form and containing such information as
the Attorney General may require. The application shall
include a certification that the State shall comply with the
quality assurance standards for collecting and processing
samples issued by the Director of the Federal Bureau of
Investigation under section 210303 of the DNA Identifica-
tion Act of 1994.
(c) RESTRICTIONS ON USE OF FUNDS.—
(1) NONSUPPLANTING.—Funds made available
pursuant to 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 Act.
(2) ADMINISTRATIVE COSTS.—A State may not
use more than 3 percent of the funds it receives
from this section for administrative expenses.
(d) REPORTS TO THE ATTORNEY GENERAL.—Each
State which receives a grant under this section shall sub-
mit to the Attorney General, for each year in which funds
from a grant received under this section is expended, a
report at such time and in such manner as the Attorney
General may reasonably require, which contains—
(1) a summary of the activities carried out
under the grant and an assessment of whether such
activities are meeting the needs identified in the ap-
plication; and
(2) such other information as the Attorney
General may require.
(e) REPORTS TO CONGRESS.—Not later than 90 days
after the end of each fiscal year for which grants are made
under this section, the Attorney General shall submit to
the Congress a report that includes—
(1) the aggregate amount of grants made under
this section to each State for such fiscal year; and
(2) a summary of the information provided by
States receiving grants under this section.
(f) EXPENDITURE RECORDS.—
(1) IN GENERAL.—Each State which receives a
grant under this section shall keep records as the
Attorney General may require to facilitate an effec-
tive audit of the receipt and use of grant funds re-
ceived under this section.
(2) ACCESS.—Each State which receives a
grant under this section shall make available, for the
purpose of audit and examination, such records as
are related to the receipt or use of any such grant.
(g) DEFINITION.—For purposes of this section, the
term ‘‘State’’ means a State of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
(h) 
AUTHORIZATION
OF
APPROPRIATIONS.—
Amounts are authorized to be appropriated to the Attor-
ney General for grants under subsection (a)—
(1) $150,000,000 for fiscal year 2002;
(2) $30,000,000 for fiscal year 2003; and
(3) $30,000,000 for fiscal year 2004.
SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC
EVIDENCE COLLECTION KITS.
Section 210303 of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 14131) is
amended—
(1) in subsection (a)(1)(C)—
(A) by striking ‘‘including standards for
testing’’ and inserting ‘‘including standards
for—
‘‘(i) testing’’;
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(C) by adding at the end the following new
clause:
‘‘(ii) collecting and processing, for use as foren-
sic evidence, samples on which DNA analysis may be
carried out.’’; and
(2) in subsection (a)(2)—
(A) by striking ‘‘including standards for
testing’’ and inserting ‘‘including standards
for—
‘‘(A) testing’’;
(B) by striking the period at the end and
inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(B) collecting and processing, for use as foren-
sic evidence, samples on which DNA analysis may be
carried out.’’.
SEC. 4. AUTHORIZATION OF GRANTS TO CARRY OUT DNA
ANALYSES 
OF 
SAMPLES 
FROM 
CRIME
SCENES.
(a) AUTHORIZATION
OF GRANTS.—The Attorney
General may make grants to eligible States for use by the
State to carry out, for inclusion in the Combined DNA
Index System of the Federal Bureau of Investigation,
DNA analyses of samples from crime scenes.
(b) ELIGIBILITY.—For a State to be eligible to re-
ceive a grant under this section, the chief executive officer
of the State shall submit to the Attorney General an appli-
cation in such form and containing such information as
the Attorney General may require. The application shall—
(1) provide assurances that the State has a
plan in place, to be fully effective not later than five
years after the date of such application, under
which, for each sample specified in subsection (a),
DNA analysis is carried out on the sample not later
than 10 days after the sample was obtained; and
(2) include a certification that each DNA anal-
ysis carried out under the plan shall be maintained
pursuant to the privacy requirements described in
section 210304(b)(3) of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C.
14132(b)(3)).
(c) RESTRICTIONS ON USE OF FUNDS.—
(1) NONSUPPLANTING.—Funds made available
pursuant to 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 Act.
(2) ADMINISTRATIVE COSTS.—A State may not
use more than 3 percent of the funds it receives
from this section for administrative expenses.
(d) REPORTS TO THE ATTORNEY GENERAL.—Each
State which receives a grant under this section shall sub-
mit to the Attorney General, for each year in which funds
from a grant received under this section is expended, a
report at such time and in such manner as the Attorney
General may reasonably require, which contains—
(1) a summary of the activities carried out
under the grant and an assessment of whether such
activities are meeting the needs identified in the ap-
plication; and
(2) such other information as the Attorney
General may require.
(e) REPORTS TO CONGRESS.—Not later than 90 days
after the end of each fiscal year for which grants are made
under this section, the Attorney General shall submit to
the Congress a report that includes—
(1) the aggregate amount of grants made under
this section to each State for such fiscal year; and
(2) a summary of the information provided by
States receiving grants under this section.
(f) EXPENDITURE RECORDS.—
(1) IN GENERAL.—Each State which receives a
grant under this section shall keep records as the
Attorney General may require to facilitate an effec-
tive audit of the receipt and use of grant funds re-
ceived under this section.
(2) ACCESS.—Each State which receives a
grant under this section shall make available, for the
purpose of audit and examination, such records as
are related to the receipt or use of any such grant.
(g) DEFINITION.—For purposes of this section, the
term ‘‘State’’ means a State of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, American Samoa, Guam,
and the Northern Mariana Islands.
(h) 
AUTHORIZATION
OF
APPROPRIATIONS.—
Amounts are authorized to be appropriated to the Attor-
ney General for grants under subsection (a)—
(1) $100,000,000 for fiscal year 2002;
(2) $50,000,000 for fiscal year 2003; and
(3) $50,000,000 for fiscal year 2004.
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