[Congressional Record Volume 165, Number 144 (Tuesday, September 10, 2019)]
[Senate]
[Pages S5375-S5376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Debbie Smith Act
Mr. CORNYN. Mr. President, for nearly 15 years, the Debbie Smith Act
has been the driving force behind our progress to eliminate the
Nation's rape kit backlog.
Though exact numbers are difficult to estimate, experts believe there
are hundreds of thousands of untested rape kits in the United States.
Each one of them, of course, represents a different story--the story of
a sexual assault victim. Also, as a result of DNA science, it holds the
key to apprehending a violent criminal and stopping them from
committing further assaults.
Since the Debbie Smith Act was signed into law in 2004, more than $1
billion has been invested in State and local crime labs for DNA
testing. This program also supports training for law enforcement,
correctional personnel, forensic nurses, and other professionals who
work with victims of sexual assault. Though the primary goal of the
program is to reduce the rape kit backlog and identify attackers,
processing this DNA evidence can assist investigations into other
nonviolent crimes as well.
Once evidence is tested, it is uploaded into the FBI's DNA database,
called CODIS. This is similar to the criminal fingerprint database but
provides DNA evidence that can help identify and convict people who
commit other crimes. So if it is collected as a result of a sexual
assault, you may, in fact, be able to get a hit that will help you
identify someone who has committed a burglary, a murder, a robbery, or
some other crime. This is particularly true when somebody commits a
crime in one State and moves to another State--to be able to connect
the identity of the person based on their DNA, not based on where the
offense was committed. According to the National Institute of Justice,
42 percent of hits in the FBI's DNA database system are the direct
result of Debbie Smith Act funding--42 percent.
In addition to helping us get more criminals off the streets, this
information could also be the key to exonerating individuals who were
wrongly
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accused and preventing innocent people from being put behind bars for a
crime they didn't commit. DNA evidence is very, very powerful.
States have seen the positive results of this program at the national
level and have been following suit. Texas 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.
Since 2011, the Debbie Smith Act has helped Texas reduce its backlog
of previously unsubmitted rape kits by approximately 90 percent--from
over 20,000 kits to now around 2,000. This program has allowed us to
provide victims of sexual assault with the resources they need and the
answers they deserve while more effectively identifying criminals
across the board.
The benefits of this law simply cannot be overstated, and that is why
the Debbie Smith Act was readily reauthorized in 2008 and 2014. Now it
is time to once again reauthorize this important legislation.
Earlier this year, Senator Feinstein, the senior Senator from
California, and I introduced the Debbie Smith Act of 2019, which will
extend this program through 2024. As you might expect, with this kind
of nonpartisan legislation, it sailed through the Senate earlier this
year. In fact, it passed the Senate in May with not one person voting
against it. But here we are, nearly 4 months later, and the House of
Representatives has not scheduled a vote. If they don't take action
before September 30, the law will expire--something I hope we all can
agree would be unconscionable and certainly completely unnecessary.
The benefits of this program transcend politics or party, and
allowing it to expire would be a disservice to the victims and
advocates who have championed this bill for the last 15 years,
particularly Debbie Smith herself.
It is time for the House to vote to reauthorize the Debbie Smith Act
so that we can get it to the President's desk without further delay.
One of the strongest advocates for the reauthorization of the Debbie
Smith Act is the Rape, Abuse & Incest National Network, also known as
RAINN. It is the Nation's largest anti-sexual violence organization,
and in its 25-year history, it has helped 3 million survivors and their
loved ones.
Last week, RAINN held a press conference announcing the delivery of
more than 32,000 signatures urging the immediate passage of this
legislation by the House of Representatives. Debbie Smith also spoke at
the press conference.
Just to remind colleagues, Debbie is, of course, a remarkable woman
whose advocacy was born from a terrible personal experience. We have
had the benefit of hearing from Debbie over the years many times in the
Judiciary Committee.
I believe there is no one--no one--who has done more to support
victims of sexual assault than Debbie, and I am continually grateful to
her for her courage and her candor as she travels around the country
advocating for survivors. It can't be easy to talk about your own
personal sexual assault and how you tried to grapple with the fact that
your rape kit has not been tested and, thus, you don't even know who
your attacker was and whether he may show up at some future date and
try to repeat his crime.
During the press conference, Debbie spoke about the years of fear she
dealt with while waiting for her attacker to be identified. She said:
``The years I spent waiting for justice can never be returned to me.''
That is a heartbreaking reality for survivors of sexual violence and
a reminder of why it is so critical to reauthorize the Debbie Smith Act
without further delay.
While we can't turn back the hands of time and somehow change
history, we can act now to provide victims with the support, the
answers, and the closure they need.
I urge Speaker Pelosi to bring the Debbie Smith Act of 2019 to the
floor for a vote immediately in the House to demonstrate Congress's
ongoing commitment to support victims of sexual violence.
I yield the floor.
The PRESIDING OFFICER. The Senator from Virginia.