[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5721 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5721

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
        require certain reporting on sexual assault kit testing.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2023

Ms. Mace (for herself, Ms. Lee of California, Mrs. Chavez-DeRemer, Ms. 
 Adams, Ms. Brownley, Ms. Eshoo, Ms. Salinas, Mrs. McBath, Ms. Balint, 
 Mr. Van Drew, Ms. Escobar, Ms. Kelly of Illinois, Ms. Lee of Florida, 
   Mr. Donalds, Mr. Fitzpatrick, Mr. Moylan, Mrs. Lesko, Ms. Lee of 
  Nevada, Mr. Jackson of North Carolina, Mr. Smith of New Jersey, Ms. 
 Tlaib, Ms. Kamlager-Dove, Ms. Pressley, Mr. Zinke, Ms. Van Duyne, and 
  Ms. Ross) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
        require certain reporting on sexual assault kit testing.

    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 ``Rape Kit Backlog Progress Act of 
2023''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) A sexual assault kit includes a sexual assault forensic 
        exam meaning an examination provided to a sexual assault 
        patient by a health care provider, who has specialized 
        education and clinical experience in the collection of forensic 
        evidence and treatment of these patients, which includes--
                    (A) gathering information from the patient for the 
                medical forensic history;
                    (B) an examination;
                    (C) coordinating treatment of injuries, 
                documentation of biological and physical findings, and 
                collection of evidence from the patient;
                    (D) documentation of findings;
                    (E) providing information, treatment, and referrals 
                for sexually transmitted infections, pregnancy, 
                suicidal ideation, alcohol and substance abuse, and 
                other non-acute medical concerns; and
                    (F) providing follow-up as needed to provide 
                additional healing, treatment, or collection of 
                evidence.
            (2) A sexual assault kit is an important forensic tool used 
        by law enforcement and prosecutors to investigate and prosecute 
        sexual assault and other crimes.
            (3) It is estimated that there are currently well over 
        100,000 untested sexual assault kits in America, but the exact 
        number is not known.
            (4) Untested sexual assault kits means that there are 
        sexual assaults unprosecuted, sexual assaults occurring that 
        could have been prevented, and a delay in uploading DNA to 
        Combined DNA Index System (commonly known as ``CODIS'') that 
        can assist law enforcement in solving other violent crimes.

SEC. 3. REPORT TO ATTORNEY GENERAL REQUIRED ON SEXUAL ASSAULT KIT 
              TESTING.

    Section 502 of the Omnibus Crime Control and Safe Streets Act of 
1968 (34 U.S.C. 10153) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(7) A report indicating whether--
                    ``(A) the State or unit of local government has 
                conducted a comprehensive sexual assault kit inventory, 
                commonly known as a `backlog inventory', to identify 
                the physical location, untested or tested status (or 
                full sexual assault kit status, if available), and any 
                individual test kit identification or tracking 
                information of each sexual assault kit in the 
                possession of such State or unit of local government, 
                or that has been otherwise transmitted by a State or 
                unit of local government to a third party, such as for 
                testing, storing, processing, or handling;
                    ``(B) with respect to each sexual assault kit, that 
                the victim has consented to have collected, the State 
                or unit of local government has submitted each such 
                sexual assault kit to a laboratory for DNA analysis;
                    ``(C) results of any such DNA analysis were 
                uploaded to the Combined DNA Index System;
                    ``(D) the State or unit of local government has 
                established an electronic tracking system for a victim 
                to identify the physical location of their sexual 
                assault kit and the results of any DNA analysis that 
                was performed;
                    ``(E) the State or unit of local government has 
                established a victim notification protocol for 
                informing a victim of the status of their sexual 
                assault kit, including where their sexual assault kit 
                was analyzed;
                    ``(F) the State or unit of local government has in 
                place a comprehensive sexual assault kit inventory 
                system to identify sexual assault kit status, physical 
                location, and any test kit identification or tracking 
                information of each sexual assault kit in the 
                possession of such State or unit of local government, 
                or otherwise transmitted by a State or unit of local 
                government to a third party, such as for testing, 
                storing, processing, or handling; and
                    ``(G) the information in any comprehensive sexual 
                assault kit inventory system described in subparagraph 
                (F) is updated, and how and when it is updated.''; and
            (2) by adding at the end the following:
    ``(c) Determination by Attorney General.-- Between the receipt of a 
grant application and deciding on such application, the Attorney 
General shall determine--
            ``(1) if the State or unit of local government has 
        completed the conduct described under subsection (a)(7); and
            ``(2) if such conduct has not been completed, the reason 
        that it has not been completed.
    ``(d) Eligibility.--A State or unit or local government shall only 
be eligible for a grant under this subpart if the Attorney General 
determines such State or unit of local government has completed the 
conduct described under subsection (a)(7).
    ``(e) Requirement for Grant Recipients.--A State or unit of local 
government that has been awarded a grant under this subpart as of the 
date of the enactment of the `Rape Kit Backlog Progress Act of 2023' 
shall have one calendar year from such date of enactment to complete 
the conduct described in subsection (a)(7) or such State or unit of 
local government shall become ineligible for a grant under this 
subpart.
    ``(g) Definitions.--In this section:
            ``(1) Sexual assault kit.--The term `sexual assault kit' 
        means evidence gathered by a medical professional from a victim 
        following a sexual assault, which evidence may--
                    ``(A) include swabs, test tubes, microscopic 
                slides, and evidence collection envelopes, for hairs 
                and fibers; and
                    ``(B) vary in accordance with the circumstances of 
                the sexual assault and with any applicable rules or 
                procedures of the jurisdiction.
            ``(2) Sexual assault kit status.--The term `sexual assault 
        kit status' means whether an individual sexual assault kit is--
                    ``(A) collected and untested;
                    ``(B) collected and tested;
                    ``(C) lost or missing, expired or spoiled; or
                    ``(D) tested and results reported to the victim, 
                proper authorities, and the Combined DNA Index 
                System.''.

SEC. 4. ATTORNEY GENERAL PUBLIC REPORT ON RAPE KIT BACKLOGS.

    Subpart 1 of part E of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding 
at the end the following:

``SEC. 510. ATTORNEY GENERAL PUBLIC REPORT ON RAPE KIT BACKLOGS.

    ``(a) In General.--Beginning not later than two years after the 
date of the enactment of the `Rape Kit Backlog Progress Act of 2023', 
and annually thereafter, the Attorney General shall make publicly 
available on the internet website of the Department of Justice a 
report, including--
            ``(1) each report on the conduct described under section 
        502(a)(7) received from an applicant for a grant under this 
        subpart;
            ``(2) an aggregate analysis of the reports described under 
        paragraph (1);
            ``(3) if an applicant for a grant under this subpart has 
        been awarded a grant; and
            ``(4) if an applicant for a grant under this subpart 
        completed the conduct described under section 502(a)(7) and if 
        it has not completed the conduct described under such 
        subsection, the reason that the conduct has not been completed.
    ``(b) Prohibition on Personally Identifiable Information.--Any 
information published by the Attorney General pursuant to this section 
may not contain the personally identifiable information of a victim and 
if such information was erroneously published, it shall be removed from 
the website of the Department of Justice immediately upon discovery.''.
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