2000 
[DOCID: f:s2055is.txt]






107th CONGRESS
  2d Session
                                S. 2055

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 SENATE OF THE UNITED STATES

                             March 21, 2002

 Ms. Cantwell introduced the following bill; which was read twice and 
               referred 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 Representatives 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 States to carry out sexual assault 
nurse examiner programs and to train law enforcement personnel and 
first responders in the handling of sexual assault cases and the 
collection and use of DNA samples for use as forensic evidence.
    (b) Eligibility.--For a State to be eligible to receive a grant 
under this section, the chief executive officer of the State shall 
submit to the Attorney General an application 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 and proficiency testing standards for 
collecting and processing 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) Restrictions on Use of Funds.--
            (1) Nonsupplanting.--Funds made available pursuant to 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 Act.
            (2) Administrative costs.--A State may not use more than 3 
        percent of the funds it receives for administrative expenses 
        pursuant to this section.
    (d) Reports to the Attorney General.--Each State that receives a 
grant under this section shall submit 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 application; 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 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 the States 
        receiving grants under this section.
    (f) Expenditure Records.--
            (1) In general.--Each State that receives a grant under 
        this section shall keep records as the Attorney General may 
        require to facilitate an effective audit of the receipt and use 
        of grant funds received under this section.
            (2) Access.--Each State that 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 District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2002 through 2005, such sums 
as may be necessary to carry out the provisions of this section.

SEC. 3. QUALITY ASSURANCE STANDARDS FOR FORENSIC EVIDENCE COLLECTION 
              KITS.

    Section 210303 of the DNA Identification 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 forensic 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 
                forensic 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 receive a grant 
under this section, the chief executive officer of the State shall 
submit to the Attorney General an application, 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 5 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 is obtained; and
            (2) include a certification that each DNA analysis carried 
        out under the plan shall be maintained pursuant to the privacy 
        requirements described in section 210304(b)(3) of the DNA 
        Identification 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 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 Act.
            (2) Administrative costs.--A State may not use more than 3 
        percent of the funds it receives for administrative expenses 
        pursuant to this section.
    (d) Reports to the Attorney General.--Each S
7f6
tate which receives a 
grant under this section shall submit 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 application; 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 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 the 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 effective audit of the receipt and use 
        of grant funds received 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 District of Columbia, the 
Commonwealth of Puerto Rico, the United States Virgin Islands, American 
Samoa, Guam, and the Northern Mariana Islands.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2002 through 2005, such sums 
as may be necessary to carry out the provisions of this section.
                                 <all>

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