[Congressional Record Volume 165, Number 82 (Thursday, May 16, 2019)]
[Senate]
[Pages S2946-S2948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        DEBBIE SMITH ACT OF 2019

  Mr. McCONNELL. Mr. President, I ask unanimous consent the Senate 
proceed to the immediate consideration of Calendar No. 80, S. 820.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 820) to strengthen programs authorized under the 
     Debbie Smith Act of 2004.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary, with 
amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                 S. 820

       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 ``Debbie Smith Act of 2019''.

     SEC. 2. DNA BACKLOG GRANT PROGRAM IMPROVEMENT.

       Section 2 of the DNA Analysis Backlog Elimination Act of 
     2000 (34 U.S.C. 40701) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``including'' and 
     inserting ``prioritizing, to the extent practicable 
     consistent with public safety considerations''; and
       (B) in paragraph (8), by striking ``including'' and 
     inserting ``in particular,'';
       (2) in subsection (b)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) provide assurances that the DNA section of the 
     laboratory to be used to conduct DNA analyses has a written 
     policy that prioritizes the analysis of, to the extent 
     practicable consistent with public safety considerations, 
     samples from homicides and sexual assaults.'';
       (3) in subsection (c)(3)--
       (A) in subparagraph (B), by striking ``2014 through 2019'' 
     and inserting ``2019 through 2024''; and
       (B) in subparagraph (C), by striking ``2014 through 2019'' 
     and inserting ``2019 through 2024'';

[[Page S2947]]

       (4) in subsection (g)--
       (A) by redesignating paragraph (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), and adjusting the margins 
     accordingly;
       (B) by striking ``Not later'' and inserting the following:
       ``(1) In general.--Not later''; and
       (C) by adding at the end the following:
       ``(2) Implementation of program improvements.--Not later 
     than 1 year after the date of enactment of the Debbie Smith 
     Act of 2019--
       ``(A) the Director of the National Institute of Justice 
     shall--
       ``(i) define DNA Capacity Enhancement and Backlog Reduction 
     program-wide goals in clear, specific, and measurable terms;
       ``(ii) consistently document the goals defined under clause 
     (i); and
       ``(iii) use performance measures for each goal defined 
     under clause (i) that fully reflect the appropriate 
     attributes of successful performance measures according to 
     recommendations made by the Government Accountability Office 
     in the report entitled, `DNA Evidence: DOJ Should Improve 
     Performance Measurement and Properly Design controls for 
     Nationwide Grant Program' (GAO-19-216); and
       ``(B) the Assistant Attorney General for the Office of 
     Justice Programs shall fully establish all appropriate 
     controls relating to conflicts of interest and to lobbying as 
     reported by the Government Accountability Office in the 
     report entitled, `DNA Evidence: DOJ Should Improve 
     Performance Measurement and Properly Design controls for 
     Nationwide Grant Program' (GAO-19-216).
       ``[(2)](3) Report on effectiveness of grant program.--Not 
     later than 180 days after the date on which the Comptroller 
     General of the United States issues the 2018 report on the 
     DNA Capacity Enhancement and Backlog Reduction Grant Program, 
     or 180 days after the date of enactment of the Debbie Smith 
     Act of 2019, whichever date is later, the Attorney General 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives that--
       ``(A) describes any action taken by the Department of 
     Justice since the release of the 2018 report on the DNA 
     Capacity Enhancement and Backlog Reduction Grant Program to 
     improve the DNA Capacity Enhancement and Backlog Reduction 
     Grant Program based on the recommendations of the Comptroller 
     General; and
       ``(B) includes recommendations for reforms that could 
     enhance the effectiveness of the program in reducing the 
     backlog of unanalyzed DNA evidence in sexual assault cases.
       [``(3) GAO report.--Not later than 180 days after the end 
     of the third fiscal year beginning after the date of 
     enactment of this Act, and once every 3 fiscal years 
     thereafter, the Comptroller General of the United States 
     shall issue a report on the DNA Capacity Enhancement and 
     Backlog Reduction Grant Program describing, by year--
       [``(A) the total number of new DNA requests;
       [``(B) the total number of cases, items, and offender and 
     arrestee samples analyzed;
       [``(C) the total number of DNA profiles uploaded to the 
     national DNA index;
       [``(D) the total number of matches and investigations aided 
     by matches made by the national DNA index;
       [``(E) changes in total laboratory capacity to conduct DNA 
     analyses as described in subsection (a)(3);
       [``(F) the number of open DNA cases at the end of each year 
     and open DNA cases older than 30 days at the end of the year;
       [``(G) the number of sexual assault cases submitted to the 
     laboratory during the year and the number of untested sexual 
     assault cases older than 30 days at the end of the year;
       [``(H) whether the National Institute of Justice has 
     defined DNA Capacity Enhancement and Backlog Reduction 
     program-wide goals in clear, specific, and measurable terms; 
     and
       [``(I) whether the Office of Justice Programs has fully 
     established all appropriate controls related to lobbying.''; 
     and]
       ``(4) GAO report.--Not later than 180 days after the end of 
     the third fiscal year beginning after the date of enactment 
     of the Debbie Smith Act of 2019, and once every 3 fiscal 
     years thereafter through fiscal year 2025, the Comptroller 
     General of the United States shall issue a report on the DNA 
     analysis workloads at laboratories that participate in the 
     Combined DNA Index System using data available from the DNA 
     Capacity Enhancement and Backlog Reduction Grant Program or 
     other sources that--
       ``(A) describes, by year--
       ``(i) the total number of new crime scene DNA analysis 
     requests submitted to laboratories;
       ``(ii) the total number of crime scene DNA analysis 
     requests analyzed including, to the extent practicable and 
     reported separately--

       ``(I) the number analyzed at laboratories participating in 
     Combined DNA Index System; and
       ``(II) the number of requests outsourced and analyzed at 
     private laboratories;

       ``(iii) the total number of DNA profiles from crime scene 
     evidence uploaded to the Combined DNA Index System;
       ``(iv) the total number of Combined DNA Index System hits 
     and investigations aided resulting from DNA profiles 
     recovered from crime scene evidence;
       ``(v) the number of outstanding crime scene DNA analysis 
     requests at the end of each year and the number of such 
     outstanding requests that are older than 30 days at the end 
     of the year; and
       ``(vi) to the extent practicable, the number of requests 
     associated with sexual assault cases submitted to 
     laboratories during the year and the number of such requests 
     that are older than 30 days at the end of the year; and
       ``(B) includes a determination as to--
       ``(i) whether the National Institute of Justice has defined 
     DNA Capacity Enhancement and Backlog Reduction program-wide 
     goals as required under paragraph (2)(A); and
       ``(ii) whether the Office of Justice Programs has fully 
     established all appropriate controls relating to conflicts of 
     interest and to lobbying as required under paragraph 
     (2)(B).''; and
       (5) in subsection (j), by striking ``2015 through 2019'' 
     and inserting ``2019 through 2024''.

     SEC. 3. TRAINING AND EDUCATION.

       Section 303(b) of the DNA Sexual Assault Justice Act of 
     2004 (34 U.S.C. 40722(b)) is amended by striking ``2015 
     through 2019'' and inserting ``2019 through 2024''.

     SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS.

       Section 304(d) of the DNA Sexual Assault Justice Act of 
     2004 (34 U.S.C. 40723(d)) is amended by striking ``2015 
     through 2019'' and inserting ``2019 through 2024''.

  Mr. McCONNELL. I ask unanimous consent that the committee-reported 
amendments be agreed to, that the bill, as amended, be considered read 
a third time and passed, and that the motion to reconsider be 
considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill (S. 820), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed as follows:

                                 S. 820

       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 ``Debbie Smith Act of 2019''.

     SEC. 2. DNA BACKLOG GRANT PROGRAM IMPROVEMENT.

       Section 2 of the DNA Analysis Backlog Elimination Act of 
     2000 (34 U.S.C. 40701) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``including'' and 
     inserting ``prioritizing, to the extent practicable 
     consistent with public safety considerations''; and
       (B) in paragraph (8), by striking ``including'' and 
     inserting ``in particular,'';
       (2) in subsection (b)--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) provide assurances that the DNA section of the 
     laboratory to be used to conduct DNA analyses has a written 
     policy that prioritizes the analysis of, to the extent 
     practicable consistent with public safety considerations, 
     samples from homicides and sexual assaults.'';
       (3) in subsection (c)(3)--
       (A) in subparagraph (B), by striking ``2014 through 2019'' 
     and inserting ``2019 through 2024''; and
       (B) in subparagraph (C), by striking ``2014 through 2019'' 
     and inserting ``2019 through 2024'';
       (4) in subsection (g)--
       (A) by redesignating paragraph (1), (2), and (3) as 
     subparagraphs (A), (B), and (C), and adjusting the margins 
     accordingly;
       (B) by striking ``Not later'' and inserting the following:
       ``(1) In general.--Not later''; and
       (C) by adding at the end the following:
       ``(2) Implementation of program improvements.--Not later 
     than 1 year after the date of enactment of the Debbie Smith 
     Act of 2019--
       ``(A) the Director of the National Institute of Justice 
     shall--
       ``(i) define DNA Capacity Enhancement and Backlog Reduction 
     program-wide goals in clear, specific, and measurable terms;
       ``(ii) consistently document the goals defined under clause 
     (i); and
       ``(iii) use performance measures for each goal defined 
     under clause (i) that fully reflect the appropriate 
     attributes of successful performance measures according to 
     recommendations made by the Government Accountability Office 
     in the report entitled, `DNA Evidence: DOJ Should Improve 
     Performance Measurement and Properly Design controls for 
     Nationwide Grant Program' (GAO-19-216); and
       ``(B) the Assistant Attorney General for the Office of 
     Justice Programs shall fully establish all appropriate 
     controls relating to conflicts of interest and to lobbying as 
     reported by the Government Accountability Office in the 
     report entitled, `DNA Evidence: DOJ Should Improve 
     Performance Measurement and Properly Design controls for 
     Nationwide Grant Program' (GAO-19-216).
       ``(3) Report on effectiveness of grant program.--Not later 
     than 180 days after the date on which the Comptroller General 
     of the United States issues the 2018 report on the DNA 
     Capacity Enhancement and Backlog Reduction Grant Program, or 
     180 days after the date of enactment of the Debbie Smith Act 
     of 2019, whichever date is later, the Attorney General shall 
     submit a report to the Committee on the Judiciary of the

[[Page S2948]]

     Senate and the Committee on the Judiciary of the House of 
     Representatives that--
       ``(A) describes any action taken by the Department of 
     Justice since the release of the 2018 report on the DNA 
     Capacity Enhancement and Backlog Reduction Grant Program to 
     improve the DNA Capacity Enhancement and Backlog Reduction 
     Grant Program based on the recommendations of the Comptroller 
     General; and
       ``(B) includes recommendations for reforms that could 
     enhance the effectiveness of the program in reducing the 
     backlog of unanalyzed DNA evidence in sexual assault 
     cases.''.
       ``(4) GAO report.--Not later than 180 days after the end of 
     the third fiscal year beginning after the date of enactment 
     of the Debbie Smith Act of 2019, and once every 3 fiscal 
     years thereafter through fiscal year 2025, the Comptroller 
     General of the United States shall issue a report on the DNA 
     analysis workloads at laboratories that participate in the 
     Combined DNA Index System using data available from the DNA 
     Capacity Enhancement and Backlog Reduction Grant Program or 
     other sources that--
       ``(A) describes, by year--
       ``(i) the total number of new crime scene DNA analysis 
     requests submitted to laboratories;
       ``(ii) the total number of crime scene DNA analysis 
     requests analyzed including, to the extent practicable and 
     reported separately--

       ``(I) the number analyzed at laboratories participating in 
     Combined DNA Index System; and
       ``(II) the number of requests outsourced and analyzed at 
     private laboratories;

       ``(iii) the total number of DNA profiles from crime scene 
     evidence uploaded to the Combined DNA Index System;
       ``(iv) the total number of Combined DNA Index System hits 
     and investigations aided resulting from DNA profiles 
     recovered from crime scene evidence;
       ``(v) the number of outstanding crime scene DNA analysis 
     requests at the end of each year and the number of such 
     outstanding requests that are older than 30 days at the end 
     of the year; and
       ``(vi) to the extent practicable, the number of requests 
     associated with sexual assault cases submitted to 
     laboratories during the year and the number of such requests 
     that are older than 30 days at the end of the year; and
       ``(B) includes a determination as to--
       ``(i) whether the National Institute of Justice has defined 
     DNA Capacity Enhancement and Backlog Reduction program-wide 
     goals as required under paragraph (2)(A); and
       ``(ii) whether the Office of Justice Programs has fully 
     established all appropriate controls relating to conflicts of 
     interest and to lobbying as required under paragraph 
     (2)(B).''; and
       (5) in subsection (j), by striking ``2015 through 2019'' 
     and inserting ``2019 through 2024''.

     SEC. 3. TRAINING AND EDUCATION.

       Section 303(b) of the DNA Sexual Assault Justice Act of 
     2004 (34 U.S.C. 40722(b)) is amended by striking ``2015 
     through 2019'' and inserting ``2019 through 2024''.

     SEC. 4. SEXUAL ASSAULT FORENSIC EXAM GRANTS.

       Section 304(d) of the DNA Sexual Assault Justice Act of 
     2004 (34 U.S.C. 40723(d)) is amended by striking ``2015 
     through 2019'' and inserting ``2019 through 2024''.

                          ____________________