[Congressional Record Volume 165, Number 62 (Wednesday, April 10, 2019)]
[Senate]
[Pages S2353-S2354]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                            Debbie Smith Act

  Mr. CORNYN. Mr. President, I would like to start by sharing a story 
about one of my personal heroes, Debbie Smith. Debbie Smith is living 
proof that one person can change the world if they have the courage to 
tell their story and fight for justice.
  In 1989, Debbie was at home doing laundry. Her husband Rob, a police 
officer, was asleep upstairs after working a night shift.
  Suddenly a masked man entered her home and threatened to kill her if 
she screamed. He blindfolded and abducted Debbie and took her outside 
to a wooded area behind her home, where he robbed and repeatedly raped 
her. The man threatened her over and over, saying: Remember, I know 
where you live, and I will come back to kill you if you tell anyone.
  After he finally left, Debbie ran upstairs to tell her husband. She 
begged him not to make her go to the police. But he, as a police 
officer, insisted that she report the crime and go to the emergency 
room for a sexual assault forensic exam, sometimes called a rape kit 
exam.
  Debbie did go for that examination and did report the crime. But for 
Debbie and millions of other survivors there are no immediate answers. 
Because of the nationwide backlog of untested rape kits, it would be 
years before she was able to identify her assailant and find any sort 
of peace.
  Although the exact numbers are hard to estimate, experts believe that 
hundreds of thousands of rape kits remain untested in the United 
States, and, of course, each one of them represents a unique story of a 
sexual assault victim and holds the key to apprehending a violent 
criminal.
  Waiting for that evidence to be tested can be excruciating. Debbie 
said that fear took over her life. She was haunted by the man's voice 
threatening to kill her. She was terrified for herself and her family, 
and she even became suicidal for a time.
  It wasn't until 6\1/2\ years later that Debbie finally got the answer 
she had been looking for when a DNA cold hit revealed the identity of 
her rapist. She later said in an interview that DNA gave her back her 
life.
  Debbie chose to harness her pain and to use it to save others from 
living through years of uncertainty as she did. She has become the 
fiercest advocate in the Nation for eliminating the rape kit backlog. 
She has devoted her life to making a difference for victims of sexual 
violence.

[[Page S2354]]

  The aptly named Debbie Smith Act was originally signed into law in 
2004 to provide State and local crime labs the resources they need to 
end the backlog of untested DNA evidence from unsolved crimes through 
additional funding and increased capacity. Under this law, Congress has 
provided more than $1 billion since then in vital funding to forensic 
labs for analyzing crime scene DNA evidence, uploading the results into 
the CODIS database, which is what happens to the test after it is 
completed, and identifying violent fugitives and taking these violent 
criminals off the street.
  Not only does this sort of testing provide relief for victims like 
Debbie and justice for their attackers, but the evidence is also 
effective in assisting investigations for other crimes. This is 
important because violent offenders will often commit many different 
types of crimes in many different jurisdictions. For example, if a 
criminal commits a burglary in one State, DNA evidence from that 
burglary case can be used later to connect this offender to an unsolved 
rape case in another State.
  The States, thankfully, are following suit. Texas, I am proud to say, 
has led the Nation in passing mandatory rape kit testing laws, 
conducting audits of the backlog, and using Debbie Smith funds to 
analyze untested sexual assault evidence. I am proud to report that 
over the last 7 years we have reduced our statewide rape kit backlog 
from more than 20,000 to just over 2,000. This is an astounding 
achievement, and thankfully it is being replicated all across the 
Nation because of this important legislation and because of the courage 
of one woman, Debbie Smith.
  By ensuring the Debbie Smith Act funds can be used to analyze 
evidence from all types of crime scenes, we can help forensic labs 
address their systemic backlogs and holistically target the cycle of 
violence. The Debbie Smith Act of 2019 will reauthorize the Debbie 
Smith Act program to continue the testing of DNA evidence from unsolved 
crimes nationwide, including rape kits. It will also reauthorize DNA 
training and education for law enforcement, correctional personnel, and 
court officers, as well as forensic nurses who take this DNA evidence 
during these rape kit collections to make sure that all of them are 
prepared to gather the evidence and to test it. Since 2005, Debbie 
Smith Act funding has led to the creation of 43 percent of all forensic 
CODIS profiles. Again, this is the FBI database, where the rape kit 
information can be entered to see if it matches previously entered DNA 
profiles.
  Let me say that again. Since 2005, Debbie Smith Act funding has led 
to the creation of 43 percent of all forensic CODIS profiles as well as 
20 percent of all offender samples in CODIS.
  In total, Debbie Smith DNA grants are responsible for 45 percent of 
all matches made in CODIS, which is truly remarkable. Reauthorizing 
this legislation once again is a top priority for me as we work to 
continue chipping away at the nationwide rape kit backlog and provide 
these victims with the answers and relief they need.
  Over the years, I have had the pleasure of meeting and working with 
Debbie several times, and we have been fortunate to have her share her 
perspective before the Judiciary Committee on multiple occasions.
  I have also worked with two other inspiring victims from Texas--
Lavinia Masters and Carol Bart, who, like Debbie, had the courage to 
come forward and talk about a very difficult event in their lives, but 
to use their pain as a way to help others. Lavinia and Carol have also 
lent their voices in advocating for reforms to reduce the rape kit 
backlog.
  I am grateful to these and countless other survivors who bravely 
share their stories and ideas as we work together to eliminate the 
backlog once and for all. I hope the Debbie Smith Act of 2019 will soon 
be reported out of the Judiciary Committee and will quickly make its 
way to the Senate floor, pass in Congress, and make its way to the 
President for his signature without delay.