[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2736 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2736

         To reduce the rape kit backlog and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2009

Mr. Franken (for himself, Mr. Grassley, Mrs. Feinstein, and Mr. Hatch) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
         To reduce the rape kit backlog 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 ``Justice for Survivors of Sexual 
Assault Act of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Rape is a serious problem in the United States.
            (2) The Department of Justice reports that in 2006, there 
        were an estimated 261,000 rapes and sexual assaults, and 
        studies show only \1/3\ of rapes are reported.
            (3) The collection and testing of DNA evidence is a 
        critical tool in solving rape cases. Law enforcement officials 
        using the Combined DNA Index System have matched unknown DNA 
        evidence taken from crime scenes with known offender DNA 
        profiles in the State and National DNA database 2,371 times.
            (4) Despite the availability of funding under the 
        amendments made by the Debbie Smith Act of 2004 (title II of 
        Public Law 108-405; 118 Stat. 2266), there exists a significant 
        rape kit backlog in the United States.
            (5) A 1999 study commissioned by the National Institute of 
        Justice estimated that there was an annual backlog of 180,000 
        rape kits that had not been analyzed.
            (6) No agency regularly collects information regarding the 
        scope of the rape kit backlog in the United States.
            (7) Certain States cap reimbursement for rape kits at 
        levels that are less than \1/2\ the average cost of a rape kit 
        in those States. Yet, section 2010 of title I of the Omnibus 
        Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) 
        requires that in order to be eligible for grants under part T 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796gg et seq.) (commonly known as ``STOP Grants''), 
        States shall administer rape kits to survivors free of charge 
        or provide full reimbursement.
            (8) There is a lack of sexual assault nurse examiners and 
        health professionals who have received specialized training 
        specific to sexual assault victims.

SEC. 3. PURPOSE.

    The purpose of this Act is to seek appropriate means to address the 
problems surrounding forensic evidence collection in cases of sexual 
assault, including rape kit backlogs, reimbursement for or free 
provision of rape kits, and the availability of trained health 
professionals to administer rape kit examinations.

SEC. 4. RAPE KIT BACKLOGS.

    (a) Additional Protocol Requirement for Receiving Edward Byrne 
Grants.--Section 502 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3752) is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
            ``(5) A certification that the applicant has implemented a 
        policy requiring all rape kits collected by or on behalf of the 
        applicant to be sent to crime laboratories for forensic 
        analysis.''.
    (b) Additional Debbie Smith Grant Requirements; Definitions.--
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a)(2), by striking ``samples from rape 
        kits, samples from other sexual assault evidence, and samples 
        taken in cases without an identified suspect.'' and inserting 
        ``to eliminate a rape kit backlog and to ensure that DNA 
        analyses of samples from rape kits are carried out in a timely 
        manner.'';
            (2) in subsection (b)--
                    (A) paragraph (6), by striking ``and'' at the end;
                    (B) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(8) if the State or unit of local government has a rape 
        kit backlog, include a plan to eliminate the rape kit backlog 
        that includes performance measures to assess progress of the 
        State or local unit of government toward a 50 percent reduction 
        in the rape kit backlog over a 2-year period; and
            ``(9) specify the portion of the amounts made available 
        under the grant under this section that the State or unit of 
        local government shall use for the purpose of DNA analyses of 
        samples from untested rape kits.'';
            (3) in subsection (f)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) the amount of funds from a grant under this section 
        expended for the purposes of DNA analyses for untested rape 
        kits; and''; and
            (4) by striking subsection (i) and inserting the following:
    ``(i) Definitions.--In this section:
            ``(1) Rape kit.--The term `rape kit' means DNA evidence 
        relating to--
                    ``(A) sexual assault (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a))); or
                    ``(B) conduct described in section 2251, 2251A, or 
                2252 of chapter 110 of title 18, United States Code, 
                regardless of whether the conduct affects interstate 
                commerce.
            ``(2) Rape kit backlog.--The term `rape kit backlog' means 
        untested rape kits that are in the possession or control of--
                    ``(A) a law enforcement agency; or
                    ``(B) a public or private crime laboratory.
            ``(3) State.--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.
            ``(4) Untested rape kit.--The term `untested rape kit' 
        means a rape kit collected from a victim that--
                    ``(A) has not undergone forensic analysis; and
                    ``(B) for a combined total of not less than 60 
                days, has been in the possession or control of--
                            ``(i) a law enforcement agency; or
                            ``(ii) a public or private crime 
                        laboratory.''.
    (c) Adjusting Byrne Grant Funds for Compliance and Noncompliance; 
Statistical Review.--Section 505 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3755) is amended by 
adding at the end the following:
    ``(i) Adjusting Byrne Grant Funds for Compliance and 
Noncompliance.--
            ``(1) Definition.--In this subsection the term `date for 
        implementation' means the last day of the second fiscal year 
        beginning after the date of enactment of this subsection.
            ``(2) Additional funds for compliance.--
                    ``(A) Reduction of rape kit backlog.--
                            ``(i) 50 percent reduction.--For any fiscal 
                        year beginning after the date of enactment of 
                        this subsection, a State or unit of local 
                        government shall receive an allocation under 
                        this section in an amount equal to 110 percent 
                        of the otherwise applicable allocation to the 
                        State or unit of local government if the State 
                        or unit of local government reduced the rape 
                        kit backlog by not less than 50 percent, as 
                        compared to the date of enactment of this 
                        subsection.
                            ``(ii) 75 percent reduction.--For any 
                        fiscal year beginning after the date of 
                        enactment of this subsection--
                                    ``(I) a State or unit of local 
                                government that has received additional 
                                funds under clause (i) in any previous 
                                fiscal year shall receive an allocation 
                                under this section in an amount equal 
                                to 110 percent of the otherwise 
                                applicable allocation to the State or 
                                unit of local government if the State 
                                or unit of local government reduced the 
                                rape kit backlog by not less than 75 
                                percent, as compared to the date of 
                                enactment of this subsection; and
                                    ``(II) a State or unit of local 
                                government that has not received 
                                additional funds under clause (i) in 
                                any previous fiscal year shall receive 
                                an allocation under this section in an 
                                amount equal to 120 percent of the 
                                otherwise applicable allocation to the 
                                State or unit of local government if 
                                the State or unit of local government 
                                reduced the rape kit backlog by not 
                                less than 75 percent, as compared to 
                                the date of enactment of this 
                                subsection.
                            ``(iii) 95 percent reduction.--For any 
                        fiscal year beginning after the date of 
                        enactment of this subsection--
                                    ``(I) a State or unit of local 
                                government that has received additional 
                                funds under clause (ii) in any previous 
                                fiscal year shall receive an allocation 
                                under this section in an amount equal 
                                to 110 percent of the otherwise 
                                applicable allocation to the State or 
                                unit of local government if the State 
                                or unit of local government reduced the 
                                rape kit backlog by not less than 95 
                                percent, as compared to the date of 
                                enactment of this subsection;
                                    ``(II) a State or unit of local 
                                government that has received additional 
                                funds under clause (i) in any previous 
                                fiscal year, and has not received 
                                additional funds under clause (ii) in 
                                any previous fiscal year, shall receive 
                                an allocation under this section in an 
                                amount equal to 120 percent of the 
                                otherwise applicable allocation to the 
                                State or unit of local government if 
                                the State or unit of local government 
                                reduced the rape kit backlog by not 
                                less than 95 percent, as compared to 
                                the date of enactment of this 
                                subsection; and
                                    ``(III) a State or unit of local 
                                government that has not received 
                                additional funds under clause (i) or 
                                (ii) in any previous fiscal year shall 
                                receive an allocation under this 
                                section in an amount equal to 130 
                                percent of the otherwise applicable 
                                allocation to the State or unit of 
                                local government if the State or unit 
                                of local government reduced the rape 
                                kit backlog by not less than 95 
                                percent, as compared to the date of 
                                enactment of this subsection.
                    ``(B) Timely processing.--For the first fiscal year 
                beginning after the date of enactment of this 
                subsection, and each fiscal year thereafter, a State or 
                unit of local government that, during the previous 
                fiscal year, tested 95 percent of all rape kits 
                collected from a victim during that previous fiscal 
                year not later than 60 days after the date the rape kit 
                was taken into the possession or control of a law 
                enforcement agency of the State or unit of local 
                government shall receive an allocation under this 
                section in an amount equal to 105 percent of the 
                otherwise applicable allocation to the State or unit of 
                local government.
            ``(3) Withholding of grant funds for noncompliance.--
                    ``(A) Failure to reduce rape kit backlog.--
                            ``(i) Year 1.--For the first fiscal year 
                        after the date for implementation, a State or 
                        unit of local government shall receive an 
                        allocation under this section in an amount 
                        equal to 90 percent of the otherwise applicable 
                        allocation to the State or unit of local 
                        government if the State or unit of local 
                        government--
                                    ``(I) has a rape kit backlog;
                                    ``(II) received a grant under this 
                                subpart during each of the 2 previous 
                                fiscal years; and
                                    ``(III) has failed to reduce the 
                                rape kit backlog by not less than 50 
                                percent, as compared to the date of 
                                enactment of this subsection.
                            ``(ii) Year 3.--For the third fiscal year 
                        beginning after the date for implementation, a 
                        State or unit of local government shall receive 
                        an allocation under this section in an amount 
                        equal to 90 percent of the otherwise applicable 
                        allocation to the State or unit of local 
                        government if the State or unit of local 
                        government--
                                    ``(I) has a rape kit backlog;
                                    ``(II) received a grant under this 
                                subpart during the previous fiscal 
                                year; and
                                    ``(III) has failed to reduce the 
                                rape kit backlog by not less than 75 
                                percent, as compared to the date of 
                                enactment of this subsection.
                            ``(iii) Years 5, 7, and 9.--For each of the 
                        fifth, seventh, and ninth fiscal years 
                        beginning after the date for implementation, a 
                        State or unit of local government shall receive 
                        an allocation under this section in an amount 
                        equal to 90 percent of the otherwise applicable 
                        allocation to the State or unit of local 
                        government if the State or unit of local 
                        government--
                                    ``(I) has a rape kit backlog;
                                    ``(II) received a grant under this 
                                subpart during the previous fiscal 
                                year; and
                                    ``(III) has failed to reduce the 
                                rape kit backlog by not less than 95 
                                percent, as compared to the date of 
                                enactment of this subsection.
                    ``(B) Timely processing.--For the second fiscal 
                year beginning after the date for implementation, and 
                each fiscal year thereafter, a State or unit of local 
                government that, during the previous fiscal year, 
                tested less than 95 percent of the rape kits collected 
                from a victim during that previous fiscal year not 
                later than 90 days after the date the rape kit was 
                taken into the possession or control of a law 
                enforcement agency of the State or unit of local 
                government shall receive an allocation under this 
                section in an amount equal to 95 percent of the 
                otherwise applicable allocation to the State or unit of 
                local government.
    ``(j) Annual Statistical Review and Report.--
            ``(1) In general.--The Director of the National Institute 
        of Justice of the Department of Justice (in this subsection 
        referred to as the `Director') shall conduct an annual 
        comprehensive statistical review of the number of untested rape 
        kits collected by Federal, State, local, and tribal law 
        enforcement agencies.
            ``(2) Report of data to director.--Each law enforcement 
        agency of the Federal Government or of a State or unit of local 
        government receiving a grant under this subpart (in this 
        subsection referred to as a `covered law enforcement agency') 
        shall record and report to the Director the number of untested 
        rape kits administered by or on behalf of, or in the possession 
        or control of, the covered law enforcement agency at the end of 
        each fiscal year.
            ``(3) Report to congress and the states.--
                    ``(A) Initial report.--Not later than 2 years after 
                the date of enactment of this subsection, and annually 
                thereafter, the Director shall submit to Congress and 
                the States a report regarding the number of untested 
                rape kits administered by or on behalf of, or in the 
                possession of, a covered law enforcement agency.
                    ``(B) Subsequent annual reports.--The Director 
                shall include, in the second report, under subparagraph 
                (A), and each subsequent report, the percentage change 
                in the number of untested rape kits for each covered 
                law enforcement agency, as compared to the previous 
                year.
            ``(4) Penalty.--For fiscal year 2011, and each fiscal year 
        thereafter, if a State or unit of local government has received 
        a grant under this subpart, and a covered law enforcement 
        agency of the State or local government has failed to report 
        the data required under paragraph (2), the State or unit of 
        local government shall receive an allocation under this section 
        in an amount equal to 95 percent of the otherwise applicable 
        allocation to the State or unit of local government.
    ``(k) Definitions.--In this section:
            ``(1) Rape kit.--The term `rape kit' means DNA evidence 
        relating to--
                    ``(A) sexual assault (as defined in section 
                40002(a) of the Violence Against Women Act of 1994 (42 
                U.S.C. 13925(a))); or
                    ``(B) conduct described in section 2251, 2251A, or 
                2252 of chapter 110 of title 18, United States Code, 
                regardless of whether the conduct affects interstate 
                commerce.
            ``(2) Rape kit backlog.--The term `rape kit backlog' means 
        untested rape kits that are in the possession or control of--
                    ``(A) a law enforcement agency; or
                    ``(B) a public or private crime laboratory.
            ``(3) Untested rape kit.--The term `untested rape kit' 
        means a rape kit collected from a victim that--
                    ``(A) has not undergone forensic analysis; and
                    ``(B) for a combined total not less than 60 days, 
                has been in the possession or control of--
                            ``(i) a law enforcement agency; or
                            ``(ii) a public or private crime 
                        laboratory.''.

SEC. 5. RAPE KIT BILLING.

    (a) Coordination With Regional Health Care Providers.--Section 
2010(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg-4(a)(1)) is amended by striking ``assault.'' 
and inserting ``assault and coordinates with regional health care 
providers to notify victims of sexual assault of the availability of 
rape exams at no cost to the victims.''.
    (b) Repeal of Reimbursement Option.--Effective 2 years after the 
date of enactment of this Act, section 2010(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-
4(b)) is amended--
            (1) by striking paragraph (3);
            (2) in paragraph (1), by inserting ``or'' after 
        ``victim;''; and
            (3) in paragraph (2), by striking ``victims; or'' and 
        inserting ``victims.''.
    (c) Provision of Rape Kits Regardless of Cooperation With Law 
Enforcement.--Section 2010(d) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-4(d)) is amended by 
striking ``(d) Rule of Construction'' and all that follows through the 
end of paragraph (1) and inserting the following:
    ``(d) Noncooperation.--
            ``(1) In general.--A State, Indian tribal government, or 
        unit of local government shall not be in compliance with this 
        section unless the State, Indian tribal government, or unit of 
        local government complies with subsection (b) without regard to 
        whether the victim cooperates with the law enforcement agency 
        investigating the offense.''.

SEC. 6. SEXUAL ASSAULT NURSE EXAMINER TRAINING.

    (a) Definition.--Section 40002(a) of the Violence Against Women Act 
of 1994 (42 U.S.C. 13925(a)) is amended--
            (1) by redesignating paragraphs (29) through (37) as 
        paragraphs (30) through (38), respectively; and
            (2) inserting after paragraph (28) the following:
            ``(29) Trained examiner.--The term `trained examiner' means 
        a health care professional who has received specialized 
        training specific to sexual assault victims, including training 
        regarding gathering forensic evidence and medical needs.''.
    (b) Additional Personnel.--Section 2101(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796hh(b)) is amended by adding at the end the following:
            ``(14) To provide for sexual assault forensic medical 
        personnel examiners to collect and preserve evidence, provide 
        expert testimony, and provide treatment of trauma relating to 
        sexual assault.''.

SEC. 7. SEXUAL ASSAULT NURSE AVAILABILITY AT INDIAN HEALTH SERVICES 
              STUDY.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study of the availability of sexual assault nurse examiners 
and trained examiners (as defined in section 40002(a) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)), as amended by this 
Act), at all Indian Health Service facilities operated pursuant to 
contracts under the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.).
    (b) Report and Recommendations.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to the Committee on the Judiciary and to the 
Committee on Indian Affairs of the Senate and to the Committee on the 
Judiciary and the Committee on Natural Resources of the House of 
Representatives a report containing the findings of the study conducted 
under subsection (a), and recommendations for improving the 
availability of sexual assault nurse examiners and trained examiners 
(as defined in section 40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a)), as amended by this Act).
                                 <all>