[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2874 Introduced in House (IH)]
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
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 State 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 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.
(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 from this section for
administrative expenses.
(d) Reports to the Attorney General.--Each State 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 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 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.--Amounts are authorized to be
appropriated to the Attorney 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 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 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 analysis 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 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 from this section for
administrative expenses.
(d) Reports to the Attorney General.--Each State 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 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 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.--Amounts are authorized to be
appropriated to the Attorney 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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