To eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, and for other purposes.

November 5, 2003

Mr. KYL (for himself, Mr. CHAMBLISS, Mr. CRAIG, Mr. NICKLES, Mr. SESSIONS, and Mr. CORNYN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, 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; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Advancing Justice Through DNA Technology Act of 2003'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003

Sec. 101. Short title.

Sec. 102. Debbie Smith DNA Backlog Grant Program.

Sec. 103. Expansion of Combined DNA Index System.

Sec. 104. Tolling of statute of limitations.

Sec. 105. Legal assistance for victims of violence.

Sec. 106. Ensuring private laboratory assistance in eliminating DNA backlog.

TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

Sec. 201. Short title.

Sec. 202. Ensuring public crime laboratory compliance with Federal standards.

Sec. 203. DNA training and education for law enforcement, correctional personnel, and court officers.

Sec. 204. Sexual assault forensic exam program grants.

Sec. 205. DNA research and development.

Sec. 206. FBI DNA programs.

Sec. 207. DNA identification of missing persons.

Sec. 208. Enhanced criminal penalties for unauthorized disclosure or use of DNA information.

Sec. 209. Tribal coalition grants.

Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement Grant Program.

Sec. 211. Creation of new Forensic Backlog Elimination Grant Program.

Sec. 212. Report to Congress.

TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003

SEC. 101. SHORT TITLE.

This title may be cited as the `Rape Kits and DNA Evidence Backlog Elimination Act of 2003'.

SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

(a) DESIGNATION OF PROGRAM; ELIGIBILITY OF LOCAL GOVERNMENTS AS GRANTEES- Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--

(1) by amending the heading to read as follows:

`SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.';

(2) in subsection (a)--

(A) in the matter preceding paragraph (1)--

(i) by inserting `or units of local government' after `eligible States'; and

(ii) by inserting `or unit of local government' after `State';

(B) in paragraph (2), by inserting before the period at the end the following: `, including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect'; and

(C) in paragraph (3), by striking `within the State';

(3) in subsection (b)--

(A) in the matter preceding paragraph (1)--

(i) by inserting `or unit of local government' after `State' both places that term appears; and

(ii) by inserting `, as required by the Attorney General' after `application shall';

(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 place that term appears;

(D) in paragraph (4)--

(i) by inserting `or unit of local government' after `State'; and

(ii) by striking `and' at the end;

(E) in paragraph (5)--

(i) by inserting `or unit of local government' after `State'; and

(ii) by striking the period at the end and inserting a semicolon; and

(F) by adding at the end the following:

`(6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System; and';

(4) in subsection (d)--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking `The plan' and inserting `A plan pursuant to subsection (b)(1)';

(ii) in subparagraph (A), by striking `within the State'; and

(iii) in subparagraph (B), by striking `within the State'; and

(B) in paragraph (2)(A), by inserting `and units of local government' after `States';

(5) in subsection (e)--

(A) in paragraph (1), by inserting `or local government' after `State' both places that term appears; and

(B) in paragraph (2), by inserting `or unit of local government' after `State';

(6) in subsection (f), in the matter preceding paragraph (1), 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' both places that term appears.

(b) REAUTHORIZATION AND EXPANSION OF PROGRAM- Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--

(1) in subsection (a)--

(A) in paragraph (3), by inserting `(1) or' before `(2)'; and

(B) by inserting at the end the following:

`(4) To collect DNA samples specified in paragraph (1).

`(5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner.';

(2) in subsection (b), as amended by this section, by inserting at the end the following:

`(7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4).';

(3) by amending subsection (c) to read as follows:

`(c) FORMULA FOR DISTRIBUTION OF GRANTS-

`(1) IN GENERAL- The Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that--

`(A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and

`(B) allocates grants among eligible entities fairly and efficiently to address areas where significant backlogs exist, by considering--

`(i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction;

`(ii) the population in the jurisdiction; and

`(iii) the number of part I violent crimes in the jurisdiction.

`(2) MINIMUM AMOUNT- The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation.

`(3) LIMITATION- Grant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations:

`(A) For fiscal year 2004, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(B) For fiscal year 2005 not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(C) For fiscal year 2006, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(D) For fiscal year 2007, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(E) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).';

(4) in subsection (g)--

(A) in paragraph (1), by striking `and' at the end;

(B) in paragraph (2), by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following:

`(3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety.';

(5) in subsection (j), by striking paragraphs (1) and (2) and inserting the following:

`(1) $151,000,000 for fiscal year 2004;

`(2) $151,000,000 for fiscal year 2005;

`(3) $151,000,000 for fiscal year 2006;

`(4) $151,000,000 for fiscal year 2007; and

`(5) $151,000,000 for fiscal year 2008.'; and

(6) by adding at the end the following:

`(k) USE OF FUNDS FOR ACCREDITATION AND AUDITS- The Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)--

`(1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation;

`(2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community--

`(A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which are participating in the National DNA Index System in order to ensure compliance with quality assurance standards;

`(B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and

`(C) to support future capacity building efforts; and

`(3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System.

`(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS- In the event that a laboratory operated by a State or unit of local government which has received funds under this Act, has undergone an external audit conducted in order to demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable.'.

SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM.

(a) INCLUSION OF ALL DNA SAMPLES FROM STATES- Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--

(1) in subsection (a)(1), by striking `of persons convicted of crimes;' and inserting the following: `of--

`(A) persons convicted of crimes; and

`(B) other persons whose DNA samples are collected under applicable legal authorities;'; and

(2) by striking subsection (d).

(b) FELONS CONVICTED OF FEDERAL CRIMES- Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows:

`(d) QUALIFYING FEDERAL OFFENSES- The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General:

`(1) Any felony.

`(2) Any offense under chapter 109A of title 18, United States Code.

`(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code).

`(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).'.

(c) MILITARY OFFENSES- Section 1565 of title 10, United States Code, is amended--

(1) by amending subsection (d) to read as follows:

`(d) QUALIFYING MILITARY OFFENSES- The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General:

`(1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed.

`(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)).';

(2) by striking subsection (e); and

(3) by redesignating subsection (f) as subsection (e).

(d) COLLECTION OF DNA IDENTIFICATION INFORMATION FROM PERSONS ARRESTED FOR QUALIFYING FEDERAL OFFENSES-

(1) IN GENERAL- Section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a) is amended--

(A) in subsection (a)--

(i) in paragraph (1), by striking `The Director', and inserting the following:

`(A) The Attorney General shall collect a DNA sample from each individual who is arrested for, or accused by information or indictment of, a qualifying Federal offense (as determined under subsection (d)). The Attorney General may delegate this function within the Department of Justice as provided in section 510 of title 28, United States Code, and may also authorize and direct any other agency that makes arrests for such offenses or supervises persons facing charges of such offenses to carry out any function and exercise any power of the Attorney General under this section.

`(B) The Director'; and

(ii) in paragraphs (3) and (4), by striking `Director of the Bureau of Prisons' each place it appears and inserting `Attorney General, the Director of the Bureau of Prisons,'; and

(B) in subsection (b), by striking `Director of the Bureau of Prisons' and inserting `Attorney General, the Director of the Bureau of Prisons,'.

(2) CONDITIONS OF RELEASE-

(A) SECTION 3142 AMENDMENTS- Subsections (b) and (c)(1)(A) of section 3142 of title 18, United States Code, are each amended by inserting `and subject to the condition that the person cooperate in the collection of a DNA sample from the person if the collection of such

a sample is authorized pursuant to section 3 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a)' after `period of release'.

(B) BACKLOG ELIMINATION ACT AMENDMENT- Section 7(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135c) is amended by inserting `, or on release under chapter 207 of title 18, United States Code,' before `is authorized'.

SEC. 104. TOLLING OF STATUTE OF LIMITATIONS.

(a) IN GENERAL- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

`Sec. 3297. Cases involving DNA evidence

`In a case in which DNA testing implicates a person in the commission of a felony, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.'.

(b) CLERICAL AMENDMENT- The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:

`3297. Cases involving DNA evidence.'.

(c) APPLICATION- The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section to the full extent permitted by the Constitution.

SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended--

(1) in subsection (a), by inserting `dating violence,' after `domestic violence,';

(2) in subsection (b)--

(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;

(B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following:

`(1) DATING VIOLENCE- The term `dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of--

`(A) the length of the relationship;

`(B) the type of relationship; and

`(C) the frequency of interaction between the persons involved in the relationship.'; and

(C) in paragraph (3), as redesignated by subparagraph (A), by inserting `dating violence,' after `domestic violence,';

(3) in subsection (c)--

(A) in paragraph (1)--

(i) by inserting `, dating violence,' after `between domestic violence'; and

(ii) by inserting `dating violence,' after `victims of domestic violence,';

(B) in paragraph (2), by inserting `dating violence,' after `domestic violence,'; and

(C) in paragraph (3), by inserting `dating violence,' after `domestic violence,';

(4) in subsection (d)--

(A) in paragraph (1), by inserting `, dating violence,' after `domestic violence';

(B) in paragraph (2), by inserting `, dating violence,' after `domestic violence';

(C) in paragraph (3), by inserting `, dating violence,' after `domestic violence'; and

(D) in paragraph (4), by inserting `dating violence,' after `domestic violence,';

(5) in subsection (e), by inserting `dating violence,' after `domestic violence,'; and

(6) in subsection (f)(2)(A), by inserting `dating violence,' after `domestic violence,'.

SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMINATING DNA BACKLOG.

Section 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(d)(3)) is amended to read as follows:

`(3) USE OF VOUCHERS OR CONTRACTS FOR CERTAIN PURPOSES-

`(A) IN GENERAL- A grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services, even if the laboratory makes a reasonable profit for the services.

`(B) REDEMPTION- A voucher or contract under subparagraph (A) may be redeemed at a laboratory operated on a non-profit or for-profit basis by a private entity that satisfies quality assurance standards and has been approved by the Attorney General.

`(C) PAYMENTS- The Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B).'.

TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

SEC. 201. SHORT TITLE.

This title may be cited as the `DNA Sexual Assault Justice Act of 2003'.

SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL STANDARDS.

Section 210304(b)(2) of the DNA Identification Act of 1994 (42 U.S.C. 14132(b)(2)), is amended to read as follows:

`(2) prepared by laboratories that--

`(A) not later than 2 years after the date of enactment of the DNA Sexual Assault Justice Act of 2003, have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and

`(B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and'.

SEC. 203. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL PERSONNEL, AND COURT OFFICERS.

(a) IN GENERAL- The Attorney General shall make grants to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by--

(1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime;

(2) court officers, including State and local prosecutors, defense lawyers, and judges;

(3) forensic science professionals; and

(4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $12,500,000 for each of the fiscal years 2004 through 2008 to carry out this section.

SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

(a) IN GENERAL- The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).

(b) ELIGIBLE ENTITY- For purposes of this section, the term `eligible entity' includes--

(1) States;

(2) units of local government; and

(3) sexual assault examination programs, including--

(A) sexual assault nurse examiner (SANE) programs;

(B) sexual assault forensic examiner (SAFE) programs;

(C) sexual assault response team (SART) programs; and

(D) State sexual assault coalitions.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $30,000,000 for each of the fiscal years 2004 through 2008 to carry out this section.

SEC. 205. DNA RESEARCH AND DEVELOPMENT.

(a) IMPROVING DNA TECHNOLOGY- The Attorney General shall make grants for research and development to improve forensic DNA technology, including increasing the identification accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.

(b) DEMONSTRATION PROJECTS- The Attorney General shall conduct research through grants for demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.

(c) NATIONAL FORENSIC SCIENCE COMMISSION-

(1) APPOINTMENT- The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the `Commission'), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under paragraph (2).

(2) RESPONSIBILITIES- The Commission shall--

(A) assess the present and future resource needs of the forensic science community;

(B) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;

(C) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;

(D) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;

(E) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;

(F) examine additional issues pertaining to forensic science as requested by the Attorney General;

(G) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;

(H) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in subparagraph (G) to ensure--

(i) the appropriate use and dissemination of DNA information;

(ii) the accuracy, security, and confidentiality of DNA information;

(iii) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and

(iv) that any other necessary measures are taken to protect privacy; and

(I) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in subparagraphs (A) through (H).

(3) PERSONNEL; PROCEDURES- The Attorney General shall--

(A) designate the Chair of the Commission from among its members;

(B) designate any necessary staff to assist in carrying out the functions of the Commission; and

(C) establish procedures and guidelines for the operations of the Commission.

(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $15,000,000 for each of the fiscal years 2004 through 2008 to carry out this section.

SEC. 206. FBI DNA PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Federal Bureau of Investigation $42,100,000 for each of the fiscal years 2004 through 2008 to carry out the DNA programs and activities described under subsection (b).

(b) PROGRAMS AND ACTIVITIES- The Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection (a) for--

(1) nuclear DNA analysis;

(2) mitochondrial DNA analysis;

(3) regional mitochondrial DNA laboratories;

(4) the Combined DNA Index System;

(5) the Federal Convicted Offender DNA Program; and

(6) DNA research and development.

SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS.

(a) IN GENERAL- The Attorney General shall make grants to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $2,000,000 for each of the fiscal years 2004 through 2008 to carry out this section.

SEC. 208. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OR USE OF DNA INFORMATION.

Section 10(c) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135e(c)) is amended to read as follows:

`(c) CRIMINAL PENALTY- A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $100,000. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.'.

SEC. 209. TRIBAL COALITION GRANTS.

Section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by adding at the end the following:

`(d) TRIBAL COALITION GRANTS-

`(1) PURPOSE- The Attorney General shall award grants to tribal domestic violence and sexual assault coalitions for purposes of--

`(A) increasing awareness of domestic violence and sexual assault against Indian women;

`(B) enhancing the response to violence against Indian women at the tribal, Federal, and State levels; and

`(C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence.

`(2) GRANTS TO TRIBAL COALITIONS- The Attorney General shall award grants under paragraph (1) to--

`(A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women; and

`(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to address domestic violence and sexual assault against Indian women.

`(3) ELIGIBILITY FOR OTHER GRANTS- Receipt of an award under this subsection by tribal domestic violence and sexual assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes described in subsection (b).'.

SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM.

(a) FORENSIC BACKLOG ELIMINATION GRANTS- Section 2804 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797m) is amended--

(1) in subsection (a)--

(A) by striking `shall use the grant to carry out' and inserting `shall use the grant to--

`(1) carry out';

(B) by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

`(2) eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence; and

`(3) train, assist, and employ forensic laboratory personnel, as needed, to eliminate a forensic evidence backlog.';

(2) in subsection (b), by striking `under this part' and inserting `for the purpose set forth in subsection (a)(1)'; and

(3) by adding at the end the following:

`(e) DEFINED TERM- As used in this section, the term `forensic evidence backlog' means forensic evidence that--

`(1) has been stored in a laboratory, medical examiner's office, or coroner's office; and

`(2) has not been subjected to all appropriate forensic testing because of a lack of resources or personnel.'.

(b) EXTERNAL AUDITS- Section 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended--

(1) in paragraph (2), by striking the `and' at the end;

(2) in paragraph (3), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

`(4) a certification that a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner's office, or coroner's office in the State that will receive a portion of the grant amount.'.

(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS- Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (24) and inserting the following:

`(24) There are authorized to be appropriated to carry out part BB of this Act, to remain available until expended--

`(A) $35,000,000 for fiscal year 2004;

`(B) $85,400,000 for fiscal year 2005;

`(C) $134,733,000 for fiscal year 2006;

`(D) $128,067,000 for fiscal year 2007;

`(E) $56,733,000 for fiscal year 2008; and

`(F) $42,067,000 for fiscal year 2009.'.

SEC. 211. CREATION OF NEW FORENSIC BACKLOG ELIMINATION GRANT PROGRAM.

(a) GRANTS AUTHORIZED- The Attorney General is authorized to award grants to States, units of local government, and tribal governments to eliminate forensic science backlogs.

(b) PURPOSE- The purpose of the grant program established under this section is to--

(1) eliminate the backlog in the analysis of any area of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence; and

(2) train, assist, and employ forensic laboratory personnel as needed to eliminate a forensic evidence backlog.

(c) USE OF FUNDS-

(1) SUPPLANTING PROHIBITED- Grant funds made available to applicants under this section shall be used to supplement and not supplant other Federal or State funds.

(2) ADMINISTRATIVE COSTS- An applicant may use not more than 5 percent of the funds received through grants awarded under this section for administrative costs.

(d) APPLICATION-

(1) IN GENERAL- A State, local government, or tribal government desiring a grant under this section, shall submit to the Attorney General an application in such form and containing such information as the Attorney General may require.

(2) ASSURANCES AND CERTIFICATION- The application submitted under paragraph (1) shall--

(A) provide assurances that the applicant has implemented, or will implement not later than 120 days after the submission date of such application, a comprehensive plan for the expeditious analysis of the forensic evidence currently backlogged; and

(B) certify that the forensic science laboratory--

(i) employs generally accepted practices and procedures; and

(ii) is accredited by the Laboratory Accreditation Board of the American Society of Crime Laboratory Directors or the National Association of Medical Examiners or any other nonprofit professional organization that may be recognized within the forensic science community as competent to award such accreditation.

(e) DEFINED TERM- As used in this section, the term `forensic evidence backlog' means--

(1) particular forensic evidence has been admitted to the laboratory faster than it can be analyzed; or

(2) pertinent testing has been curtailed or not performed due to lack of resources.

(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General $20,000,000 for each of the fiscal years 2005 through 2009 for grants under this section.

SEC. 212. REPORT TO CONGRESS.

(a) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of this Act.

(b) CONTENTS- The report submitted under subsection (a) shall include a description of--

(1) the progress made by Federal, State, and local entities in--

(A) collecting and entering DNA samples from offenders convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection as `CODIS');

(B) analyzing samples from crime scenes, including evidence collected from sexual assaults and other serious violent crimes, and entering such DNA analyses in CODIS; and

(C) increasing the capacity of forensic laboratories to conduct DNA analyses;

(2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this Act are carried out;

(3) the distribution of grant amounts under this Act among eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie Smith DNA Backlog Grant Program;

(4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical personnel, victim service providers, and other personnel authorized under sections 203 and 204;

(5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstration projects under section 205;

(6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission under section 205(c);

(7) the use of funds by the Federal Bureau of Investigation under section 206;

(8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to identify missing persons and unidentified human remains under section 207;

(9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under sections 210 and 211; and

(10) any other matters considered relevant by the Attorney General.

END