article: 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.
summary: Debbie Smith Act - Authorizes the Attorney General to make grants to eligible 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 forensic evidence.Provides that for a State to be eligible to receive a grant, the chief executive officer of the State shall submit to the Attorney General an application which shall include a certification that the State shall comply with specified quality assurance standards.Sets forth provisions regarding restrictions on the use of funds and expenditure records.Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Director of the Federal Bureau of Investigation (FBI) to issue (and revise periodically) standards for collecting and processing, for use as forensic evidence, samples on which DNA analysis may be carried out.Authorizes the Attorney General to make grants to eligible States to carry out DNA analyses of samples from crime scenes for inclusion in the FBI's Combined DNA Index System. Sets forth provisions regarding State eligibility, restrictions on uses of funds, and expenditure records.