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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 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 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 necessary to carry out this section.

SEC. 3. GRANTS FOR ANALYSIS OF DNA SAMPLES FROM RAPE KITS.

Section 2(a) of the DNA Analysis Backlog Elimination 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 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) $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 ELIMINATION 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
government'' after ''State''; and
(ii) by striking ''and'' after the
semicolon;
(E) in paragraph (5)--
(i) by inserting ''or unit of local
government'' after ''State''; and
(ii) by striking the final period and
inserting ''; and''; and
(F) 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.'';
(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 section 5), by
striking ''and'' at the end;
(B) in paragraph (6) (as added by section 5), by
striking the period at the end and inserting: '';
and''; and
(C) by adding at the end the following:
''(7) ensure that each laboratory performing DNA testing or
analysis satisfies the quality assurance protocols and
practices described in subsection (d)(2).''; 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
as compared to other applicants.''.

SEC. 7. AUTHORIZATION FOR GRANTS FOR IMPROVED RESPONSES 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 handling of
sexual assault cases and the collection and use of DNA samples
for use as forensic evidence; and
(5) 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;
(4) sexual assault examination programs, including 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 containing such
information as the Attorney General may require;
(B) certification that the testing will be done in
a laboratory that complies with the quality assurance
and proficiency testing standards 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 collection and
processing of DNA evidence at crime scenes; and
(D) if the applicant is a unit of local government,
certification that the applicant participates in a
State laboratory system; and
(2) an existing or proposed sexual assault examination
program shall submit to the Attorney General--
(A) an application in such form and containing such
information as the Attorney General 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 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 3 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 $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 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) 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.''.
(c) 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. 9. 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 a
redesign of the Combined DNA Index System (CODIS) $9,646,000 for fiscal
year 2003.''.

SEC. 10. 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 $497,000 for fiscal year 2003.''.
DNA Sexual Assault Justice Act of 2002 - Directs the Attorney General to: (1) survey each law enforcement jurisdiction to assess the backlog of DNA testing of rape kit samples and other sexual assault evidence; and (2) make grants to eligible entities to carry out sexual assault examiner training and certification, develop sexual assault examiner programs, acquire or improve forensic equipment, and train law enforcement personnel in the handling of sexual assault cases.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) authorize local governments to apply for and receive grants; (4) direct the Attorney General to give priority in awarding grants to a State or local governmental unit that has a significant rape kit or non-suspect case backlog; (5) expand the scope of DNA samples subject to privacy protections; and (6) authorize appropriations to the Federal Bureau of Investigation (FBI) for the collection and use of DNA identification information from certain Federal offenders.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 FBI to carry out a redesign of the Combined DNA Index System.