[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3250 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 3250

_______________________________________________________________________

                                 AN ACT


 
 To amend the DNA Analysis Backlog Elimination Act of 2000 to provide 
 for Debbie Smith grants for auditing sexual assault evidence backlogs 
 and to establish a Sexual Assault Forensic Evidence Registry, 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 ``Sexual Assault Forensic Evidence 
Reporting Act of 2012'' or the ``SAFER Act of 2012''.

SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE 
              BACKLOGS.

    Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended--
            (1) in subsection (a), by adding at the end the following 
        new paragraph:
            ``(6) To conduct an audit consistent with subsection (n) of 
        the samples of sexual assault evidence that are in the 
        possession of the State or unit of local government and are 
        awaiting testing.
            ``(7) To ensure that the collection and processing of DNA 
        evidence by law enforcement agencies from crimes, including 
        sexual assault and other violent crimes against persons, is 
        carried out in an appropriate and timely manner and in 
        accordance with the protocols and practices developed under 
        subsection (o)(1).'';
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(4) Allocation of grant awards for audits.--For each of 
        fiscal years 2014 through 2017, not less than 5 percent, but 
        not more than 7 percent, of the grant amounts distributed under 
        paragraph (1) shall, if sufficient applications to justify such 
        amounts are received by the Attorney General, be awarded for 
        purposes described in subsection (a)(6), provided that none of 
        the funds required to be distributed under this paragraph shall 
        decrease or otherwise limit the availability of funds required 
        to be awarded to States or units of local government under 
        paragraph (3).''; and
            (3) by adding at the end the following new subsections:
    ``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
            ``(1) Eligibility.--The Attorney General may award a grant 
        under this section to a State or unit of local government for 
        the purpose described in subsection (a)(6) only if the State or 
        unit of local government--
                    ``(A) submits a plan for performing the audit of 
                samples described in such subsection; and
                    ``(B) includes in such plan a good-faith estimate 
                of the number of such samples.
            ``(2) Grant conditions.--A State or unit of local 
        government receiving a grant for the purpose described in 
        subsection (a)(6)--
                    ``(A) may not enter into any contract or agreement 
                with any non-governmental vendor laboratory to conduct 
                an audit described in subsection (a)(6); and
                    ``(B) shall--
                            ``(i) not later than 1 year after receiving 
                        the grant, complete the audit referred to in 
                        paragraph (1)(A) in accordance with the plan 
                        submitted under such paragraph;
                            ``(ii) not later than 60 days after 
                        receiving possession of a sample of sexual 
                        assault evidence that was not in the possession 
                        of the State or unit of local government at the 
                        time of the initiation of an audit under 
                        paragraph (1)(A), subject to paragraph (4)(F), 
                        include in any required reports under clause 
                        (v), the information listed under paragraph 
                        (4)(B);
                            ``(iii) for each sample of sexual assault 
                        evidence that is identified as awaiting testing 
                        as part of the audit referred to in paragraph 
                        (1)(A)--
                                    ``(I) assign a unique numeric or 
                                alphanumeric identifier to each sample 
                                of sexual assault evidence that is in 
                                the possession of the State or unit of 
                                local government and is awaiting 
                                testing; and
                                    ``(II) identify the date or dates 
                                after which the State or unit of local 
                                government would be barred by any 
                                applicable statutes of limitations from 
                                prosecuting a perpetrator of the sexual 
                                assault to which the sample relates;
                            ``(iv) provide that--
                                    ``(I) the chief law enforcement 
                                officer of the State or unit of local 
                                government, respectively, is the 
                                individual responsible for the 
                                compliance of the State or unit of 
                                local government, respectively, with 
                                the reporting requirements described in 
                                clause (v); or
                                    ``(II) the designee of such officer 
                                may fulfill the responsibility 
                                described in subclause (I) so long as 
                                such designee is an employee of the 
                                State or unit of local government, 
                                respectively, and is not an employee of 
                                any governmental laboratory or non-
                                governmental vendor laboratory; and
                            ``(v) comply with all grantee reporting 
                        requirements described in paragraph (4).
            ``(3) Extension of initial deadline.--The Attorney General 
        may grant an extension of the deadline under paragraph 
        (2)(B)(i) to a State or unit of local government that 
        demonstrates that more time is required for compliance with 
        such paragraph.
            ``(4) Sexual assault forensic evidence reports.--
                    ``(A) In general.--For not less than 12 months 
                after the completion of an initial count of sexual 
                assault evidence that is awaiting testing during an 
                audit referred to in paragraph (1)(A), a State or unit 
                of local government that receives a grant award under 
                subsection (a)(6) shall, not less than every 60 days, 
                submit a report to the Department of Justice, on a form 
                prescribed by the Attorney General, which shall contain 
                the information required under subparagraph (B).
                    ``(B) Contents of reports.--A report under this 
                paragraph shall contain the following information:
                            ``(i) The name of the State or unit of 
                        local government filing the report.
                            ``(ii) The period of dates covered by the 
                        report.
                            ``(iii) The cumulative total number of 
                        samples of sexual assault evidence that, at the 
                        end of the reporting period--
                                    ``(I) are in the possession of the 
                                State or unit of local government at 
                                the reporting period;
                                    ``(II) are awaiting testing; and
                                    ``(III) the State or unit of local 
                                government has determined should 
                                undergo DNA or other appropriate 
                                forensic analyses.
                            ``(iv) The cumulative total number of 
                        samples of sexual assault evidence in the 
                        possession of the State or unit of local 
                        government that, at the end of the reporting 
                        period, the State or unit of local government 
                        has determined should not undergo DNA or other 
                        appropriate forensic analyses, provided that 
                        the reporting form shall allow for the State or 
                        unit of local government, at its sole 
                        discretion, to explain the reasoning for this 
                        determination in some or all cases.
                            ``(v) The cumulative total number of 
                        samples of sexual assault evidence in a total 
                        under clause (iii) that have been submitted to 
                        a laboratory for DNA or other appropriate 
                        forensic analyses.
                            ``(vi) The cumulative total number of 
                        samples of sexual assault evidence identified 
                        by an audit referred to in paragraph (1)(A) or 
                        under paragraph (2)(B)(ii) for which DNA or 
                        other appropriate forensic analysis has been 
                        completed at the end of the reporting period.
                            ``(vii) The total number of samples of 
                        sexual assault evidence identified by the State 
                        or unit of local government under paragraph 
                        (2)(B)(ii), since the previous reporting 
                        period.
                            ``(viii) The cumulative total number of 
                        samples of sexual assault evidence described 
                        under clause (iii) for which the State or unit 
                        of local government will be barred within 12 
                        months by any applicable statute of limitations 
                        from prosecuting a perpetrator of the sexual 
                        assault to which the sample relates.
                    ``(C) Publication of reports.--Not later than 7 
                days after the submission of a report under this 
                paragraph by a State or unit of local government, the 
                Attorney General shall, subject to subparagraph (D), 
                publish and disseminate a facsimile of the full 
                contents of such report on an appropriate internet 
                website.
                    ``(D) Personally identifiable information.--The 
                Attorney General shall ensure that any information 
                published and disseminated as part of a report under 
                this paragraph, which reports information under this 
                subsection, does not include personally identifiable 
                information or details about a sexual assault that 
                might lead to the identification of the individuals 
                involved.
                    ``(E) Optional reporting.--The Attorney General 
                shall--
                            ``(i) at the discretion of a State or unit 
                        of local government required to file a report 
                        under subparagraph (A), allow such State or 
                        unit of local government, at their sole 
                        discretion, to submit such reports on a more 
                        frequent basis; and
                            ``(ii) make available to all States and 
                        units of local government the reporting form 
                        created pursuant to subparagraph (A), whether 
                        or not they are required to submit such 
                        reports, and allow such States or units of 
                        local government, at their sole discretion, to 
                        submit such reports for publication.
                    ``(F) Samples exempt from reporting requirement.--
                The reporting requirements described in paragraph (2) 
                shall not apply to a sample of sexual assault evidence 
                that--
                            ``(i) is not considered criminal evidence 
                        (such as a sample collected anonymously from a 
                        victim who is unwilling to make a criminal 
                        complaint); or
                            ``(ii) relates to a sexual assault for 
                        which the prosecution of each perpetrator is 
                        barred by a statute of limitations.
            ``(5) Definitions.--In this subsection:
                    ``(A) Awaiting testing.--The term `awaiting 
                testing' means, with respect to a sample of sexual 
                assault evidence, that--
                            ``(i) the sample has been collected and is 
                        in the possession of a State or unit of local 
                        government;
                            ``(ii) DNA and other appropriate forensic 
                        analyses have not been performed on such 
                        sample; and
                            ``(iii) the sample is related to a criminal 
                        case or investigation in which final 
                        disposition has not yet been reached.
                    ``(B) Final disposition.--The term `final 
                disposition' means, with respect to a criminal case or 
                investigation to which a sample of sexual assault 
                evidence relates--
                            ``(i) the conviction or acquittal of all 
                        suspected perpetrators of the crime involved;
                            ``(ii) a determination by the State or unit 
                        of local government in possession of the sample 
                        that the case is unfounded; or
                            ``(iii) a declaration by the victim of the 
                        crime involved that the act constituting the 
                        basis of the crime was not committed.
                    ``(C) Possession.--
                            ``(i) In general.--The term `possession', 
                        used with respect to possession of a sample of 
                        sexual assault evidence by a State or unit of 
                        local government, includes possession by an 
                        individual who is acting as an agent of the 
                        State or unit of local government for the 
                        collection of the sample.
                            ``(ii) Rule of construction.--Nothing in 
                        clause (i) shall be construed to create or 
                        amend any Federal rights or privileges for non-
                        governmental vendor laboratories described in 
                        regulations promulgated under section 210303 of 
                        the DNA Identification Act of 1994 (42 U.S.C. 
                        14131).
    ``(o) Establishment of Protocols, Technical Assistance, and 
Definitions.--
            ``(1) Protocols and practices.--Not later than 18 months 
        after the date of enactment of the SAFER Act of 2012, the 
        Director, in consultation with Federal, State, and local law 
        enforcement agencies and government laboratories, shall develop 
        and publish a description of protocols and practices the 
        Director considers appropriate for the accurate, timely, and 
        effective collection and processing of DNA evidence, including 
        protocols and practices specific to sexual assault cases, which 
        shall address appropriate steps in the investigation of cases 
        that might involve DNA evidence, including--
                    ``(A) how to determine--
                            ``(i) which evidence is to be collected by 
                        law enforcement personnel and forwarded for 
                        testing;
                            ``(ii) the preferred order in which 
                        evidence from the same case is to be tested; 
                        and
                            ``(iii) what information to take into 
                        account when establishing the order in which 
                        evidence from different cases is to be tested;
                    ``(B) the establishment of a reasonable period of 
                time in which evidence is to be forwarded by emergency 
                response providers, law enforcement personnel, and 
                prosecutors to a laboratory for testing;
                    ``(C) the establishment of reasonable periods of 
                time in which each stage of analytical laboratory 
                testing is to be completed;
                    ``(D) systems to encourage communication within a 
                State or unit of local government among emergency 
                response providers, law enforcement personnel, 
                prosecutors, courts, defense counsel, crime laboratory 
                personnel, and crime victims regarding the status of 
                crime scene evidence to be tested; and
                    ``(E) standards for conducting the audit of the 
                backlog for DNA case work in sexual assault cases 
                required under subsection (n).
            ``(2) Technical assistance and training.--The Director 
        shall make available technical assistance and training to 
        support States and units of local government in adopting and 
        implementing the protocols and practices developed under 
        paragraph (1) on and after the date on which the protocols and 
        practices are published.
            ``(3) Definitions.--In this subsection, the terms `awaiting 
        testing' and `possession' have the meanings given those terms 
        in subsection (n).''.

SEC. 3. REPORTS TO CONGRESS.

    Not later than 90 days after the end of each fiscal year for which 
a grant is made for the purpose described in section 2(a)(6) of the DNA 
Analysis Backlog Elimination Act of 2000, as amended by section 2, the 
Attorney General shall submit to Congress a report that--
            (1) lists the States and units of local government that 
        have been awarded such grants and the amount of the grant 
        received by each such State or unit of local government;
            (2) states the number of extensions granted by the Attorney 
        General under section 2(n)(3) of the DNA Analysis Backlog 
        Elimination Act of 2000, as added by section 2; and
            (3) summarizes the processing status of the samples of 
        sexual assault evidence identified in Sexual Assault Forensic 
        Evidence Reports established under section 2(o)(4) of the DNA 
        Analysis Backlog Act of 2000, including the number of samples 
        that have not been tested.

SEC. 4. REDUCING THE RAPE KIT BACKLOG.

    Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(c)(3)) is amended--
     (a) in subparagraph (B), by striking ``2014'' and inserting 
``2018''; and
    (b) by adding at the end the following:
            ``(3) For each of fiscal years 2014 through 2018, not less 
        than 75 percent of the total grant amounts shall be awarded for 
        a combination of purposes under paragraphs (1), (2), and (3) of 
        subsection (a).''.

SEC. 5. OVERSIGHT AND ACCOUNTABILITY.

    All grants awarded by the Department of Justice that are authorized 
under this Act shall be subject to the following:
            (1) Audit requirement.--Beginning in fiscal year 2013, and 
        each fiscal year thereafter, the Inspector General of the 
        Department of Justice shall conduct audits of recipients of 
        grants under this Act to prevent waste, fraud, and abuse of 
        funds by grantees. The Inspector General shall determine the 
        appropriate number of grantees to be audited each year.
            (2) Mandatory exclusion.--A recipient of grant funds under 
        this Act that is found to have an unresolved audit finding 
        shall not be eligible to receive grant funds under this Act 
        during the 2 fiscal years beginning after the 12-month period 
        described in paragraph (5).
            (3) Priority.--In awarding grants under this Act, the 
        Attorney General shall give priority to eligible entities that, 
        during the 3 fiscal years before submitting an application for 
        a grant under this Act, did not have an unresolved audit 
        finding showing a violation in the terms or conditions of a 
        Department of Justice grant program.
            (4) Reimbursement.--If an entity is awarded grant funds 
        under this Act during the 2-fiscal-year period in which the 
        entity is barred from receiving grants under paragraph (2), the 
        Attorney General shall--
                    (A) deposit an amount equal to the grant funds that 
                were improperly awarded to the grantee into the General 
                Fund of the Treasury; and
                    (B) seek to recoup the costs of the repayment to 
                the fund from the grant recipient that was erroneously 
                awarded grant funds.
            (5) Defined term.--In this section, the term ``unresolved 
        audit finding'' means an audit report finding in the final 
        audit report of the Inspector General of the Department of 
        Justice that the grantee has utilized grant funds for an 
        unauthorized expenditure or otherwise unallowable cost that is 
        not closed or resolved within a 12-month period beginning on 
        the date when the final audit report is issued.
            (6) Nonprofit organization requirements.--
                    (A) Definition.--For purposes of this section and 
                the grant programs described in this Act, the term 
                ```nonprofit organization''' means an organization that 
                is described in section 501(c)(3) of the Internal 
                Revenue Code of 1986 and is exempt from taxation under 
                section 501(a) of such Code.
                    (B) Prohibition.--The Attorney General shall not 
                award a grant under any grant program described in this 
                Act to a nonprofit organization that holds money in 
                offshore accounts for the purpose of avoiding paying 
                the tax described in section 511(a) of the Internal 
                Revenue Code of 1986.
                    (C) Disclosure.--Each nonprofit organization that 
                is awarded a grant under a grant program described in 
                this Act and uses the procedures prescribed in 
                regulations to create a rebuttable presumption of 
                reasonableness for the compensation of its officers, 
                directors, trustees and key employees, shall disclose 
                to the Attorney General, in the application for the 
                grant, the process for determining such compensation, 
                including the independent persons involved in reviewing 
                and approving such compensation, the comparability data 
                used, and contemporaneous substantiation of the 
                deliberation and decision. Upon request, the Attorney 
                General shall make the information disclosed under this 
                subsection available for public inspection.
            (7) Administrative expenses.--Unless otherwise explicitly 
        provided in authorizing legislation, not more than 7.5 percent 
        of the amounts authorized to be appropriated under this Act may 
        be used by the Attorney General for salaries and administrative 
        expenses of the Department of Justice.
            (8) Conference expenditures.--
                    (A) Limitation.--No amounts authorized to be 
                appropriated to the Department of Justice under this 
                Act may be used by the Attorney General or by any 
                individual or organization awarded discretionary funds 
                through a cooperative agreement under this Act, to host 
                or support any expenditure for conferences that uses 
                more than $20,000 in Department funds, unless the 
                Deputy Attorney General or the appropriate Assistant 
                Attorney General, Director, or principal deputy as the 
                Deputy Attorney General may designate, provides prior 
                written authorization that the funds may be expended to 
                host a conference.
                    (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food and beverages, audio/visual equipment, 
                honoraria for speakers, and any entertainment.
                    (C) Report.--The Deputy Attorney General shall 
                submit an annual report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on all 
                conference expenditures approved by operation of this 
                paragraph.
            (9) Prohibition on lobbying activity.--
                    (A) In general.--Amounts authorized to be 
                appropriated under this Act may not be utilized by any 
                grant recipient to--
                            (i) lobby any representative of the 
                        Department of Justice regarding the award of 
                        grant funding; or
                            (ii) lobby any representative of a Federal, 
                        state, local, or tribal government regarding 
                        the award of grant funding.
                    (B) Penalty.--If the Attorney General determines 
                that any recipient of a grant under this Act has 
                violated subparagraph (A), the Attorney General shall--
                            (i) require the grant recipient to repay 
                        the grant in full; and
                            (ii) prohibit the grant recipient from 
                        receiving another grant under this Act for not 
                        less than 5 years.

SEC. 6. SUNSET.

    Effective on December 31, 2018, subsections (a)(6) and (n) of 
section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135(a)(6) and (n)) are repealed.

            Passed the Senate December 30, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 3250

_______________________________________________________________________

                                 AN ACT

 To amend the DNA Analysis Backlog Elimination Act of 2000 to provide 
 for Debbie Smith grants for auditing sexual assault evidence backlogs 
 and to establish a Sexual Assault Forensic Evidence Registry, and for 
                            other purposes.