[Congressional Record Volume 159, Number 8 (Wednesday, January 23, 2013)]
[Senate]
[Pages S215-S217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CORNYN (for himself, Mr. Bennet, Ms. Klobuchar, Mr. Burr, 
        and Mr. Kirk):
  S. 80. A bill 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 
Reporting System, and for other purposes; to the Committee on the 
Judiciary.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record as follows:

                                 S. 80

       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 2013'' or the ``SAFER Act of 
     2013''.

     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 paragraphs:
       ``(7) 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.
       ``(8) 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)(7), 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)(7) 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)(7)--
       ``(A) may not enter into any contract or agreement with any 
     non-governmental vendor laboratory to conduct an audit 
     described in subsection (a)(7); 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)(7) 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

[[Page S216]]

     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; and
       ``(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 2013, 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)(7) 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(n)(4) of the DNA 
     Analysis Backlog Elimination 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:
       ``(C) 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 the SAFER Act of 2013 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

[[Page S217]]

     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)(7) and (n) 
     of section 2 of the DNA Analysis Backlog Elimination Act of 
     2000 (42 U.S.C. 14135(a)(7) and (n)) are repealed.
                                 ______