[Congressional Record Volume 154, Number 153 (Thursday, September 25, 2008)]
[Senate]
[Page S9461]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DEBBIE SMITH REAUTHORIZATION ACT OF 2008

  Mr. REID. Mr. President, I ask unanimous consent that the Judiciary 
Committee be discharged from further consideration of H.R. 5057 and the 
Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The bill clerk read as follows:

       A bill (H.R. 5057) to reauthorize the Debbie Smith DNA 
     Backlog Grant Program, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that the Senate will pass the 
reauthorization of the Debbie Smith Act. I want to thank Senator Biden 
for his leadership in the Senate in supporting this important program, 
and I was pleased to work with him and others, as I have before, to 
ensure that the Debbie Smith grant program is given the authorization 
to continue its vital work.
  I should take this opportunity to thank Debbie Smith for her courage 
and for the tireless efforts of her and her husband, Rob, on behalf of 
rape victims. In her own case, DNA testing led to the arrest and 
conviction of her attacker, but the backlog of rape kits waiting to be 
tested forced her to endure an excruciating wait before the culprit 
could be found and justice could be done. The legislation that she 
inspired and worked so hard to pass aims to ensure that other victims 
do not have to live in fear through a long and unnecessary delay.
  In 2004, after years of work, Congress passed a significant package 
of criminal justice reforms known as the Justice for All Act, which 
substantially increased Federal resources available to State and local 
governments to combat crime with DNA technology. The Debbie Smith DNA 
Backlog Grant Program was a key component of that legislation. I worked 
hard for years to try to get the Debbie Smith Act passed, and I was 
thrilled in 2004 to finally be able to call Debbie to tell her that our 
hard work had paid off. I have pushed every year since for full funding 
of this crucial program.
  As DNA testing moved to the front lines of the war on crime, forensic 
laboratories nationwide experienced a significant increase in their 
caseloads, both in number and complexity. Funding simply did not keep 
pace with this increasing demand, and forensic labs nationwide became 
seriously bottlenecked.
  Backlogs have seriously impeded the use of DNA testing in solving 
cases without suspects--and reexamining cases in which there are strong 
claims of innocence--as labs are required to give priority status to 
those cases in which a suspect is known. Solely for lack of funding, 
critical evidence remains untested while rapists and killers remain at 
large.
  The Debbie Smith DNA Backlog Grant Program has given States help they 
desperately needed, and continue to need, to carry out DNA analyses of 
backlogged evidence. It has provided a strong starting point in 
addressing this serious problem, but much work remains to be done 
before we conquer these inexcusable backlogs. That is why I so strongly 
support reauthorization of this vital program.
  Some in both Chambers have expressed a desire to expand and improve 
this program and other DNA testing programs. I share those goals and 
will work with others to pursue them next year. It is very important, 
though, that we reauthorize the Debbie Smith program now, when we can 
and should, and turn to more difficult tasks in the next Congress when 
we will be able to give them the attention they require.
  This reauthorization bill authorizes $755 million over the next 5 
years to reduce the current backlog of unanalyzed DNA samples in the 
Nation's crime labs. I am glad that the Senate has passed it, and I 
hope the House promptly passes this version of the bill, and the 
President promptly signs it. I hope too that Congress fully funds this 
important program.
  I want to make one point on the issue of rape kit testing, which this 
legislation does so much to promote and which Debbie Smith has worked 
so hard to make available for all victims of horrendous attacks. No 
victim should ever be required to pay the cost of a rape kit. 
Collecting and testing evidence from serious crimes is a responsibility 
our Government and our community bears, and it should never be seen as 
a revenue source for cities and towns. It appalls me that any official 
in any community would condone such a practice, and I hope it will 
stop.
  I congratulate Debbie and Rob Smith on this key step toward the 
reauthorization of this important program, and I look forward to 
working with them to continue to find ways to protect women, assist 
crime victims, and bring criminals to justice.
  Mr. REID. Mr. President, I ask unanimous consent that a Biden 
substitute amendment, which is at the desk, be agreed to, the bill, as 
amended, be read a third time and passed; the motions to reconsider be 
laid upon the table with no intervening action or debate; and any 
statements related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5646) was agreed to, as follows:

              (Purpose: to provide a complete substitute)

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Debbie Smith Reauthorization 
     Act of 2008''.

     SEC. 2. GENERAL REAUTHORIZATION.

       Section 2 of the DNA Analysis Backlog Elimination Act of 
     2000 (42 U.S.C. 14135) is amended--
       (1) in subsection (c)(3), by--
       (A) striking subparagraphs (A) through (D);
       (B) redesignating subparagraph (E) and subparagraph (A); 
     and
       (C) inserting at the end the following:
       ``(B) For each of the fiscal years 2010 through 2014, not 
     less than 40 percent of the grant amounts shall be awarded 
     for purposes under subsection (a)(2).''; and
       (2) by amending subsection (j) to read as follows:
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Attorney General for 
     grants under subsection (a) $151,000,000 for each of fiscal 
     years 2009 through 2014.''.

     SEC. 3. TRAINING AND EDUCATION.

       Section 303(b) of the DNA Sexual Assault Justice Act of 
     2004 (42 U.S.C. 14136(b)) is amended by striking ``2005 
     through 2009'' and inserting ``2009 through 2014''.

     SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS.

       Section 304(c) of the DNA Sexual Assault Justice Act of 
     2004 (42 U.S.C. 14136a(c)) is amended by striking ``2005 
     through 2009'' and inserting ``2009 through 2014''.

  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The bill (H.R. 5057), as amended, was read the third time, and 
passed.

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