117 HR 8264 IH: Backlog Justice Act of 2022
U.S. House of Representatives
2022-07-01
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I
117th CONGRESS
2d Session
H. R. 8264
IN THE HOUSE OF REPRESENTATIVES
July 1, 2022
Mr. Cleaver (for himself, Ms. Adams, Ms. Bonamici, Ms. Brownley, Mr. Carson, Mr. Carter of Louisiana, Mrs. Cherfilus-McCormick, Mr. Costa, Ms. Davids of Kansas, Ms. DelBene, Mrs. Hayes, Ms. Jackson Lee, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kuster, Mr. Larsen of Washington, Mr. Lawson of Florida, Mrs. Carolyn B. Maloney of New York, Ms. Norton, Mr. O'Halleran, Mr. Pappas, Ms. Porter, Ms. Ross, Ms. Sewell, Mr. Takano, Ms. Titus, Mr. Torres of New York, Ms. Velázquez, Mrs. Watson Coleman, Mrs. Wagner, and Ms. Clark of Massachusetts) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To improve the processing of samples of sexual assault evidence, and for other purposes.
1.

Short title
This Act may be cited as the “Backlog Justice Act of 2022”.
2.

National rape kit backlog database
(a)

In general
The Attorney General, acting through the Director of the Bureau of Justice Assistance, shall establish, maintain, and update not less than biannually, a publicly accessible online database of information from inventories or audits conducted by States and units of local governments of the sexual assault evidence collection kits that are in the possession of the State or unit of local government and have been awaiting testing for more than 90 days, including an estimate of the amount of time it takes for each laboratory, with respect to which data is submitted, to test a sexual assault evidence collection kit.
(b)

Authorization of appropriations
There is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028 to carry out this section.
3.

Training analysts to test samples of sexual assault evidence
(a)

Authorization
The Attorney General, acting through the Director of the Federal Bureau of Investigation, is authorized to develop and operate training programs at the Federal Bureau of Investigation laboratory—
(1)
for individuals hired by States and units of local government as analysts to test samples of sexual assault evidence, which may include training at the Federal Bureau of Investigation laboratory or at State and local laboratories;
(2)
pursuant to which individuals hired and trained by the Federal Bureau of Investigation as analysts to test samples of sexual assault evidence, may be hired by States and units of local government upon completion of such training; and
(3)
for DNA Technical Leader training, including a curriculum to host both in-person and remote training sessions for technical leaders or trained DNA examiners seeking to become technical leaders.
(b)

Rule of construction
Nothing in this section may be construed to require a State or local forensic science services provider to participate in a program established under subsection (a).
(c)

Authorization of appropriations
There is authorized to be appropriated $5,000,000 for each of fiscal years 2024 through 2028 to carry out this section.
4.

Validation and technology transfer program
(a)

Authorization
The Attorney General, acting through the Director of the Federal Bureau of Investigation, is authorized to convene and coordinate, in conjunction with State and local forensic science service providers, a validation and technology transfer program, pursuant to which the Federal Bureau of Investigation laboratory, in partnership with a collaborative of State and local forensic science service providers, may research new technologies and processes for processing DNA, and provide for use by State and local laboratories related to such technologies and processes—
(1)
analytical protocols;
(2)
developmental validation data; and
(3)
model lab instrument performance verification plans.
(b)

Validation list
Upon completing the research described in subsection (a), the Director of the Federal Bureau of Investigation is authorized to publish a list of validated technologies and processes, along with validation data and additional documentation related to each such technology or process.
(c)

Authorization of appropriations
There is authorized to be appropriated $10,000,000 for each of fiscal years 2024 through 2028 to carry out this section.
5.

Increase in STOP grant funding for States that have in place electronic evidence tracking systems for sexual assault kits
(a)

Authorization
Beginning in fiscal year 2024, the Attorney General shall increase by not more than 10 percent the amount provided to a State under the part T of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10441 et seq.) if the State has in place an electronic evidence tracking system for sexual assault kits that complies with the requirements under subsection (b).
(b)

Tracking system requirements
In order to qualify for the grant increase under subsection (a), the tracking system shall be a website that provides information to victims of sexual assault who underwent a sexual assault kit examination and their advocates on each stage of the processing of a rape kit, including from the hospital, to a local law enforcement agency, through the analysis process at a lab, to final disposition.
(c)

Period of increase
(1)

In general
The Attorney General shall provide an increase in the amount provided to a State under the program described in subsection (a) for a 2-year period.
(2)

Limit
The Attorney General may not provide an increase in the amount provided to a State under the program described in subsection (a) more than 4 times.
(d)

Authorization of appropriations
There is authorized to be appropriated $1,500,000 for each of fiscal years 2024 through 2028 to carry out this section.