[Congressional Record Volume 165, Number 168 (Wednesday, October 23, 2019)]
[House]
[Pages H8403-H8409]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                DEBBIE SMITH REAUTHORIZATION ACT OF 2019

  Mr. NADLER. Madam Speaker, I move to suspend the rules and pass the

[[Page H8404]]

bill (H.R. 777) to reauthorize programs authorized under the Debbie 
Smith Act of 2004.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 777

       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 Reauthorization 
     Act of 2019''.

     SEC. 2. REAUTHORIZATION.

       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''; and
       (4) 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''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Nadler) and the gentlewoman from Arizona (Mrs. Lesko) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York.


                             General Leave

  Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in strong support of H.R. 777, the Debbie Smith 
Reauthorization Act of 2019.
  The Debbie Smith Act, named for a courageous woman who has fought for 
the rights of survivors of sexual assault, is critical to helping 
States process DNA evidence and reduce the Nation's large backlog of 
untested DNA samples.
  The law, which I helped author and enact in its original form in 
2004, was developed in response to a crisis of untested DNA samples, a 
problem that we have helped to reduce but which, unfortunately, still 
requires our urgent attention today.
  Over the past several decades, evidence from DNA samples has helped 
us solve an increasing number of criminal cases and has been 
particularly valuable in identifying the perpetrators of the horrible 
and all-too-common crime of sexual assault.
  The use of DNA evidence kits in sexual assault cases is critical, and 
it is imperative that the evidence that is collected is analyzed as 
soon as possible. When the evidence is collected and processed, the DNA 
profile is added to the Combined DNA Index System so that matches 
against other DNA profiles can be sought, increasing the scope of the 
database.
  By testing the DNA evidence left at the scene of a rape or sexual 
assault, we can increase the likelihood of identifying the 
perpetrators, making it more likely that they will be captured, 
punished, and prevented from doing it again. This, in turn, allows 
victims to obtain some measure of justice and society to take violent 
criminals off the streets. DNA evidence also allows us, definitively, 
to exonerate the falsely accused.
  Over time, however, crime labs across the country, regrettably, 
developed a large backlog of DNA samples that they had not tested, an 
intolerable situation calling out for Federal action.
  In response, in 2000, I cosponsored the passage of the DNA Analysis 
Backlog Elimination Act, which provided $40 million to help States 
analyze DNA evidence; and in 2002, I introduced the Rape Kit DNA 
Analysis Backlog Elimination Act. This legislation authorized funding 
to help police departments finance the testing of rape kits to reduce 
the backlog. Working with my colleagues and with advocates, we 
maintained the pressure to address this problem.
  Then, in 2004, I was the original cosponsor of the Justice for All 
Act, introduced by our colleague Jim Sensenbrenner. That bill included 
many of the provisions of my 2002 bill.
  Title II of that bill, named the Debbie Smith Act by Congresswoman 
Maloney, authorized substantial funding for DNA testing and 
strengthened the ability of State and local law enforcement 
specifically to test rape kits. We subsequently reauthorized the Debbie 
Smith Act in 2008 and again in 2014.
  In recent years, the grants we have reauthorized under the Debbie 
Smith Act have supported the work of crime labs to build capacity and 
process DNA evidence, including evidence collected in rape kits, with 
greater percentages of funding allocated to testing these kits provided 
in subsequent amendments.

                              {time}  1315

  The act also supports audits of evidence awaiting analysis at law 
enforcement agencies and charges the Department of Justice with the 
task of maintaining national testing guidelines.
  Despite these efforts, the rape kit backlog continues to be a major 
concern, with a large volume of kits still untested in this country, 
harming the survivors of sexual assault and jeopardizing public safety. 
Therefore, we must continue the valuable programs authorized by this 
important law.
  That is why we included the reauthorization of this program in the 
Violence Against Women Act, or VAWA reauthorization bill, developed by 
the Judiciary Committee and passed by the House earlier this year. 
Unfortunately, VAWA is languishing in the Senate.
  While we take steps to separately pass the reauthorization of the 
Debbie Smith program today, I again call on the Senate to fulfill their 
responsibility to pass the Violence Against Women Act reauthorization 
without needless additional delay. Therefore, I support H.R. 777.
  Madam Speaker, I reserve the balance of my time.
  Mrs. LESKO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I was actually on the Arizona task force to look into 
Arizona's backlog on these rape kits, and so it is something that I am 
very passionate about doing. I am pleased that after months of inaction 
and after the authorization for the program had already expired, my 
colleagues in the majority have finally brought a Debbie Smith 
reauthorization bill to the House floor.
  Unfortunately, I think it is the wrong one.
  Senator Cornyn's bill, S. 820, passed the Senate in May by unanimous 
consent. It has been sitting here in the House waiting to be acted upon 
for more than 5 months. But my colleagues have been too busy chasing 
impeachment conspiracies to notice or care. I offered an amendment 
right here at this desk previously on the floor to move forward the 
Debbie Smith Act, but the Democrats voted it down at that time. The 
program expired at the end of September without so much as a glance 
from my fellow Democratic colleagues. Finally, House Republicans had to 
file a discharge petition to force consideration of this important 
legislation.
  Let me repeat that, Madam Speaker. Democrats were too busy on their 
crusade against the duly-elected President to engage in their efforts 
to nullify the will and vote of the American people to take up and pass 
a bipartisan bill to help rape survivors and victims and law 
enforcement.

[[Page H8405]]

  Even today, all we are doing is ensuring there will be more delay in 
the reauthorization of this vital program. That is because rather than 
pass the bipartisan bill the Senate passed 5 months ago, the majority 
is bringing an alternative bill to the floor.
  In the ultimate act of hubris and partisanship, the majority is 
insisting that this body pass a bill with an H.R. number instead of the 
Senate bill that has sat idle here for 5 months.
  What would happen if we passed the Senate bill? It would go 
immediately 16 blocks down Pennsylvania Avenue and be signed by the 
President today. Instead, unfortunately, the majority is engaging, I 
believe, in a game of political brinksmanship and holding their 
authorization of these precious grant dollars hostage, grant dollars 
that provide closure and solace to countless survivors of rape and the 
family members of victims of rape.
  The majority's actions are putting an unnecessary delay in getting 
this program reauthorized. And for what reason? I can't think of a 
single good reason. Perhaps someone on the other side of the aisle can 
provide one. Is that what they want? They want the credit for the bill, 
a House bill instead of a Senate bill?
  As Debbie Smith herself was recently quoted, ``Don't punish the 
victims.'' Not acting on the Senate bill is doing just that.
  Madam Speaker, I will support this bill today. I believe these 
programs and the survivors they serve are too critical to be the 
subject of partisan games. I am disappointed, however, that my 
colleagues do not feel the same way, otherwise they would put forward 
the Senate bill. I expect and hope we will be back on this floor in the 
very near future to pass a bill to actually authorize this vital 
program.
  Madam Speaker, I reserve the balance of my time.
  Mr. NADLER. Madam Speaker, I remind my colleagues that the 
reauthorization of this bill has been sitting in the VAWA 
reauthorization bill passed by this House many months ago, it has been 
sitting in the Senate since then.
  Madam Speaker, I yield 3 minutes to the distinguished gentlewoman 
from New York (Mrs. Carolyn B. Maloney).
  Mrs. CAROLYN B. MALONEY of New York. I thank the gentleman from the 
great State of New York for yielding and for his outstanding leadership 
on the Judiciary Committee.
  Madam Speaker, I rise in support of this bill, H.R. 777, the Debbie 
Smith Reauthorization Act, as amended. I was pleased to introduce this 
bill with my colleague and good friend Ann Wagner of Missouri.
  I first passed this bill in 2004. This critical State backlog grant 
program provides funding for forensic labs and local law enforcement to 
process DNA evidence, including rape kits.
  In 2001, I invited a woman named Debbie Smith to testify before the 
Oversight and Government Reform Committee. Debbie was a rape survivor, 
and I remember being struck by her story of waiting more than 6 years 
for her rape kit to be processed. And Debbie's story is not unique.
  Across this country, DNA evidence collected at crime scenes sits in a 
backlog, because forensic labs have limited capacity or resources to 
process it in a timely manner.
  So I wrote and passed the Debbie Smith Act, which at the time was 
called the most important antirape legislation ever signed into law.
  The results of the grant program speak for themselves. The National 
Institute of Justice reports that since 2005 Debbie Smith funding is 
responsible for 192,000, or about 42 percent, of DNA matches in the FBI 
database.
  So when it can match and convict a rapist, it prevents future rapes. 
The FBI says rapists will attack roughly seven times, so if you catch 
that person and put them in jail, you protect other women from being 
hurt.
  And as improved technology enables collection of DNA evidence, demand 
for grant funding has dramatically increased. We need this funding. 
This funding keeps rapists and other criminals off the street, and 
perhaps more importantly, the program can deliver some measure of 
justice to survivors of violence.
  Unfortunately, this Debbie Smith Act authorization expired on 
September 30. And the Violence Against Women Reauthorization Act passed 
by this House that included an extension of the Debbie Smith program 
has not been passed in the Senate.
  I truly want to thank not only Chairman Nadler, but also Speaker 
Pelosi, Leader Hoyer, the entire Democratic Caucus for recognizing the 
importance of this grant program and moving H.R. 777 forward.
  Despite its lapse in authorization, we have an opportunity to make 
sure that this successful program continues to help solve and prevent 
violent rape and protect survivors.
  The Debbie Smith Act has always enjoyed broad bipartisan support, and 
I hope we continue that tradition today. I urge all of my colleagues to 
support the reauthorization of the Debbie Smith Act. It protects women 
from sexual violence. It is important.
  And, again, I thank all of my colleagues that have supported this 
legislation in the past, particularly Ann Wagner, who has championed 
fighting sex trafficking and protecting women in other areas.
  Mrs. LESKO. Madam Speaker, the chairman said he wanted to remind me 
and others that the Debbie Smith Act was included in the VAWA Act that 
was passed out of the House. You didn't have to remind me. 
Unfortunately, as he knows and others know, the VAWA Act was loaded 
with liberal poison pills knowing that Republicans wouldn't vote for 
it, and it was a political act.
  And so, to me, it was a political act to also include it in the VAWA 
bill, knowing the VAWA bill was so controversial and it wouldn't be 
heard in the Senate. So, in fact, never in the history of the Violence 
Against Women Act has the Debbie Smith Act been included in that bill. 
And, in fact, I have been told that Debbie Smith herself did not want 
it included in the Violence Against Women Act, because she knew it was 
controversial.
  Madam Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. 
Cline).
  Mr. CLINE. Madam Speaker, Debbie Smith's courage to share her story 
with the world has changed the lives of millions, and the law bearing 
her name has helped countless victims of sexual assault see their 
attackers face the justice they deserve.
  The importance of DNA evidence in criminal investigations and 
prosecutions is unquestionable. Since this program was first enacted, 
incredible progress has been made to reduce DNA backlogs. In my home 
State of Virginia, the FBI's National DNA Index contains more than 
447,000 offender profiles and has aided in more than 11,000 criminal 
investigations.
  This legislation will reauthorize this vital program and will 
continue to support State and local law enforcement agencies' efforts 
to reduce DNA backlogs and analyze DNA evidence collected from crimes.
  As a former prosecutor, I know all too well how critical DNA evidence 
is to achieving justice for victims of sexual violence. I have been a 
strong advocate to reauthorize this program. I signed the discharge 
petition and spoke on this bill last month.
  With passage of this bill today, we move a step closer to protecting 
people from violent sexual predators and allow justice to be served 
through our legal system.
  It would have been better if we had taken up the Senate bill instead 
of pointing fingers and casting blame, but I hope that we will pass 
legislation quickly to get this grant money to the States and to those 
agencies that need it to make sure that justice is served.
  I urge my colleagues to support this legislation.
  Mr. NADLER. Madam Speaker, I yield 3 minutes to the distinguished 
gentlewoman from Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Madam Speaker, I thank the gentleman from New York 
for yielding, and I express my appreciation to the manager of our 
friends on the other side of the aisle, my colleague from Arizona, and 
my colleague on the Judiciary Committee.
  Let me say, first of all, to Carolyn Maloney, if we go down memory 
lane, we have been together on this issue from the very start. We know 
when you had Debbie Smith come when she was willing to speak at a time 
that, I would say, was most concerning in the early stages of this. She 
was willing to come to the United States Congress and to share her 
story.

[[Page H8406]]

  And, Congresswoman Maloney, let me thank you for crafting the 
legislation, working with any number of bipartisan cosponsors, some of 
whom are no longer in the United States Congress, but I remember as a 
member of the Judiciary Committee being very closely aligned and 
supporting this bill. And so we have made great strides. And the over 
140,000 cases that have been solved is a testament to the great need of 
this legislation. There is no doubt.
  And, of course, as we know from 2004--that is 15 years ago--that at 
that time, and continuing to a certain extent, the enormity of the 
backlog. Those of us who interact with law enforcement and interact 
with our district attorneys, we know that that has been an atrocious 
Achilles heel in providing comfort and justice to those who have been 
violated.
  I am reminded of the forensic lab that we had in Houston; we had to 
do a completely massive overhaul for the Harris County lab to ensure 
that we were in compliance or that we were going after the backlog. 
That is the word that we should be focused on, the ``backlog.'' Backlog 
means injustice or no justice.
  And certainly, as I have heard stories--just as recently as last 
night, I was on the phone with a constituent with a story that was just 
overwhelming, and she was trying to craft her next direction.
  And so this legislation is answering the pain of individuals who have 
come forward--and even those who are not able to identify a person 
immediately, and the DNA provides that opportunity--and it reauthorizes 
the bill. It ensures that grantee states and localities prioritize DNA 
analysis of crime scene samples, rape kits, other sexual assault 
evidence, and also carries cases without an identified suspect.
  I am glad that this bill is on the floor. But let me be very clear, 
we wrote a Violence Against Women Act starting in 2017 that was a 
monumental tribute to this month, in fact, which is Domestic Violence 
Awareness Month.

                              {time}  1330

  We know that there are many around the Nation who have experienced 
and suffered this. In fact, there was a recent trial in Houston with a 
family that was killed in totality, except one member, because of 
domestic violence.
  We need the Violence Against Women Act. And I might take an exception 
to the fact that this bill is a holistic bill. It is a law enforcement 
bill. It is a bill of improving services to victims of domestic 
violence and dating violence and sexual assault.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. NADLER. Madam Speaker, I yield an additional 1 minute to the 
gentlewoman from Texas.
  Ms. JACKSON LEE. Madam Speaker, we have some very unique aspects in 
that legislation. We have counseling for men and boys, something very 
unique. I can't view that as controversial.
  We, likewise, have extended the protection of the arm of justice to 
Native American women.
  And, let me just speak to law enforcement, because I speak to them 
almost every weekend that I am at home: $291 million; and the 
creativity of prosecutors, local prosecutors, and law enforcement is 
amazing with those dollars.
  So I believe that we can do both. We can continue to affirm and 
complement the enormity of the work of Carolyn Maloney, the years of 
work that we have worked with her and attacked the backlog, which none 
of us ever want to hear or see. We want no backlog.
  We hope that this bill moves in the Senate, but it is not accurate 
that this bill, the Violence Against Women Act--there are active 
supporters of this legislation in the Senate, and I am looking forward 
to what we do best, working in a bipartisan manner to pass the Debbie 
Smith DNA bill and pass, to give relief to victims of domestic violence 
and others, the Violence Against Women Act.
  Madam Speaker, I ask Members to vote for Debbie Smith.
  Mrs. LESKO. Madam Speaker, I yield 5 minutes to the gentlewoman from 
Missouri (Mrs. Wagner), my friend.
  Mrs. WAGNER. Madam Speaker, I thank the gentlewoman from Arizona 
(Mrs. Lesko), my friend, for yielding.
  Madam Speaker, I rise today to urge my colleagues to support H.R. 
777, the Debbie Smith Reauthorization Act.
  Along with my friend Carolyn Maloney, I introduced the Debbie Smith 
Act with the support of the Rape, Abuse, and Incest National Network, 
RAINN.
  Madam Speaker, I thank Congresswoman Maloney for her untiring work to 
end and prevent sex trafficking and other forms of violence against 
women, which I also support, and for her willingness to reach across 
the aisle to get things done. She is a warrior for vulnerable women and 
children, and I am so proud to work with her on this important 
legislation.
  Debbie Smith programs provide much-needed funding for crime labs to 
process DNA evidence and strengthen the national DNA database, which 
has over 17 million profiles in it. It provides justice to victims. 
Under Debbie Smith, Congress provides $151 million, annually, to State 
and local labs for DNA and rape kit testing.
  Better technology has improved our ability to test and track DNA 
samples from crime scenes, and this data is making a real difference in 
the efforts to bring rapists and other sexual predators of sexual 
violence to justice. The FBI DNA database has been used in more than--
are you ready for this, Madam Speaker?--465,270 investigations.
  One in five rape kits entered into the national database generates a 
DNA match pointing to a serial rapist.
  Since the Debbie Smith program was created back in 2005, nearly 
200,000 DNA matches have been made in criminal cases, providing justice 
to victims in cases that may have otherwise gone unsolved.
  But law enforcement can't keep up. Untested DNA cases have increased 
by 85 percent since 2011. In my own home State of Missouri alone, more 
than 5,400 untested rape kits are sitting in labs and in storerooms. We 
need the Debbie Smith programs now more than ever.
  This legislation authorizes $151 million for Debbie Smith DNA Backlog 
Grant programs, $4.5 million for grants to State and local governments 
for training programs, and $30 million for State and local governments 
to create programs to collect and use DNA evidence related to sexual 
assault.
  The Senate unanimously sent their version of this legislation over to 
the House in May, but the House leadership did not bring it to the 
floor, allowing it to expire on September 30.
  Both Democrats and Republicans on the Judiciary Committee, along with 
Congresswoman Maloney, have led the charge on this reauthorization. It 
saddens me that the Judiciary members had to file a discharge petition 
to get Speaker Pelosi to put this bill on the floor.
  This is not about personal ownership or asserting the House's 
authority. This is about getting something signed into law.
  I worry that the Senate version of this bill includes accountability 
and performance measures that are not in the House bill. If the Senate 
bill were being voted upon today, the President could sign it into law 
tomorrow.
  Looking forward, I implore both parties, House and Senate, to ensure 
the Debbie Smith Reauthorization gets to the President's desk as soon 
as possible.
  Madam Speaker, I thank Leader McCarthy, Ranking Member Collins, 
Chairman Nadler very, very much, and Congresswoman Maloney most of all.
  Madam Speaker, I urge my colleagues to join me in reauthorizing these 
programs that convict dangerous predators and help victims to get the 
justice that they deserve.
  Mrs. LESKO. Madam Speaker, I yield 2 minutes to the gentleman from 
North Dakota (Mr. Armstrong), my friend.
  Mr. ARMSTRONG. Madam Speaker, only in Congress can we fight about 
something that I think we all generally agree on.
  The bill the House is considering today will reauthorize the Debbie 
Smith grant program. I strongly support reauthorization.
  But this law has a 15-year history of nearly unanimous support in 
Congress under both Republican and Democratic majorities and 
Presidents, but more importantly, it has a 15-year history as a 
standalone bill.

[[Page H8407]]

  So my question is: What changed? When did it become so essential to 
become a part of VAWA? And if it is essential to be a part of VAWA, 
then why did we pull it out, and why are we voting on it again as a 
standalone bill?
  On May 16, the Senate continued the bipartisan tradition and they 
passed a standalone reauthorization. We sat on that bill for months in 
the House.
  House Republicans--I know; I was part of it. I was on the floor 
arguing for it before the last break, before the September 30 
authorization lapsed. We tried twice to get it voted on.
  As stated by the founder of the Rape, Abuse, and Incest National 
Network, the House is using the Debbie Smith Act as leverage to get the 
Senate to pass other things that have nothing to do with DNA testing.
  So, finally, today we brought the Debbie Smith Act to the floor, but 
even today, it is the wrong bill. The bill we are considering today has 
some serious flaws, but, more importantly, it is making changes to the 
Senate bill that nobody ever asked for.
  Just like the Senate, it extends the program to 2024. However, for 
some reason, we have inexplicably omitted accountability provisions 
that Congress has required for these grant programs for nearly a 
decade.
  These accountability measures are important. They include mandating a 
report on the effectiveness of the grant program to reduce the backlog 
of unanalyzed DNA evidence in sexual assault cases. They require 
recommendations to enhance the grant program, and they require the 
National Institute of Justice to define goals of the DNA Capacity 
Enhancement and Backlog Reduction program and develop performance 
measures for each one of these goals. All of these are worthy.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mrs. LESKO. Madam Speaker, I yield the gentleman from North Dakota an 
additional 30 seconds.
  Mr. ARMSTRONG. Madam Speaker, I can't think of an issue where 
accountability matters more than when we are collecting DNA evidence to 
get convictions of violent sexual offenders and to give some semblance 
of justice.
  I am going to support the bill. I hope we get it back quickly. I hope 
we get to some resolution with the Senate. This needs to be done as 
quickly as possible.
  Mr. NADLER. Madam Speaker, how much time do I have remaining?
  The SPEAKER pro tempore. The gentleman from New York has 8\1/2\ 
minutes remaining.
  Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I am a little puzzled by what I am hearing on the 
floor today and, frankly, what I heard in committee this morning on a 
different bill.
  The gist of that is, well, we passed a bill, but we know it is not 
exactly the way the Senate wants it; therefore, we shouldn't pass it. 
We should only pass a bill exactly the way the Senate wants it; 
otherwise, it is only for show.
  On this bill, look what happened. This reauthorization was included 
in the VAWA reauthorization, which we passed and sent to the Senate.
  Ah, but that was political, we are told, because the Senate doesn't 
agree in every respect with the VAWA reauthorization we passed, so they 
won't touch it.
  Well, I don't understand that. I always thought, from the time I was 
in third grade, that they should pass their own version of the VAWA 
bill. If it is different from ours, we go to conference.
  But, no. No, we can't rely on them to do that. They have to have a 
bill that they agree with totally, or they won't look at the subject no 
matter how important.
  Ah, but they introduced their own. They took it out of VAWA, and they 
did their own Debbie Smith bill.
  Fine. We are doing a Debbie Smith bill because we don't agree exactly 
with what they did. They put in some new accountability provisions. We 
have always had accountability provisions in the bill, still there. It 
has always been the law. They are adding some new ones which we judge 
to be unduly burdensome on small providers. It is a judgment.
  We should pass this bill. They have passed a different version of the 
bill. We can go to conference, iron it out. That is the way the process 
is supposed to work.
  My Republican colleagues seem to think that we should never talk to 
the Senate; we should only pass a bill exactly the way they passed it. 
Or if they haven't passed it exactly the way we know they will want it 
and if we pass a bill differently, then it is just political posturing. 
That is nonsense.
  This reauthorization bill is a good bill. It is the way we think it 
ought to be. If we pass it--they have already passed a different 
reauthorization bill. I regret that they didn't pass the entire VAWA 
reauthorization bill, but we can go to conference. We can iron it out.
  If someone wants to argue that the provisions in that bill are 
better, let them offer it here, but not be heard to say we should only 
do exactly what the Senate wants. That doesn't make sense.
  We are our own independent body. We were elected to do our job. This 
is the way we want to do it. This is the way we think the bill ought to 
be. We put it in the VAWA reauthorization bill. We have given up 
waiting for the Senate on that one.
  They passed a Debbie Smith bill in a version we don't entirely 
approve of. We will pass our own version. We will get together. We will 
see if we can agree on it. That is the way the process ought to work.
  If we pass this bill, that is the way the process will work, and we 
are more likely to get a reauthorization bill than by standing here and 
saying: Don't pass this bill. Only pass a bill--which we won't do--
exactly in a form that we don't like, exactly the way the Senate wanted 
it.
  Madam Speaker, I reserve the balance of my time.
  Mrs. LESKO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I don't think that anybody said that we have to do 
exactly what the Senate asks all the time, but it does make sense that, 
if a Senate bill has been sitting here for 5 months and it extends it, 
what we are doing in the House bill, plus it has accountability 
measures, that it would get done sooner and it would get signed into 
law sooner, and then the States and the local law enforcement would 
have the money sooner to get rid of the backlog of the rape kits. That 
is all we are saying.
  So I don't understand the reason we are just not doing that bill, 
except maybe that they want an H.R. name, some House Member's name on 
it instead of a Senate Member's name on it. That is all I can think of.
  Madam Speaker, I yield 2 minutes to the gentleman from Ohio (Mr. 
Chabot), my friend.
  Mr. CHABOT. Madam Speaker, I rise today in support of H.R. 777, the 
Debbie Smith Reauthorization Act of 2019.
  Madam Speaker, I want to thank our colleagues, Carolyn Maloney and 
Debbie Lesko and others, for their leadership on this important 
legislation to reauthorize the DNA Backlog Elimination grant program 
for another 5 years.
  Madam Speaker, there are over 400,000 victims of sexual assault in 
this country each and every year. That equates to approximately one 
sexual assault per minute.
  Debbie Smith was one of those victims; and although she underwent 
forensic examination, her kit went unanalyzed for over 5 years. The 
purpose of this legislation is to ensure that no other victim ever has 
to wait that long for justice again.
  DNA analysis is an invaluable tool in identifying and convicting 
criminal suspects. The increased use of DNA evidence in criminal 
prosecutions has led to an increase in the collection and processing of 
DNA kits, which has led to a substantial backlog in the processing of 
DNA evidence, really, all across the country.

                              {time}  1345

  Fortunately, last year, after a 7-year effort, my home State of Ohio 
was able to clear its backlog of nearly 14,000 of these kits, but many 
other States haven't been so successful. In March, the GAO estimated 
that the number of backlog requests for crime scene evidence nearly 
doubled to nearly 170,000. Unfortunately, at the end of September, the 
funding authorization for this program expired.
  While the legislation offered by Congresswoman Maloney is an 
important

[[Page H8408]]

step in the right direction, this body really should have already 
considered the Senate-passed reauthorization so as to get it to the 
President's desk.
  Continued funding will ensure that law enforcement nationwide will 
have the resources they need to process DNA evidence, prosecute, and 
punish those who commit these heinous acts of violence.
  Again, I thank Congresswoman Maloney and Congresswoman Lesko for 
their leadership on this, and I urge its passage.
  Mr. NADLER. Madam Speaker, I reserve the balance of my time.
  Mrs. LESKO. Madam Speaker, I yield myself the balance of my time.
  In closing, Madam Speaker, I will support this bill, and I urge my 
colleagues to do the same. While this is not the most expeditious 
manner to get this vital program reauthorized, it is the one that our 
Democratic majority has put before us.
  I am not in the habit of holding rape victims and survivors hostage 
to play political games, and it really deeply saddens me that it 
appears that our majority may be doing this.
  We had the opportunity to pass the Senate bill, and it has been 
sitting here for 5 months. We had the opportunity to show rape victims 
and survivors that we care about their plight. We had the opportunity 
to send the Debbie Smith Reauthorization Act of 2019 to the President's 
desk today. Instead, our majority has decided to squander these 
opportunities.
  It was bad enough that the Democratic majority allowed this 
authorization to elapse last month. It is even worse that we are 
placing this reauthorization into the realm of uncertainty.
  There is no timetable or guarantee that the Senate will act on this 
bill. The one thing we know is that if we were voting on the Senate 
bill, it would pass today. It could have been signed by the President 
immediately. Unfortunately, we are now only marginally better off than 
we were this morning with regards to this reauthorization.
  In the rush to impeach our President, our majority appears to have 
forgotten what we were sent here to do. Despite the petty motives 
sometimes of our majority, I will vote for the bill before us today and 
show support for the victims and survivors of rape. I urge my 
colleagues to do the same.
  Madam Speaker, I yield back the balance of my time.
  Mr. NADLER. Madam Speaker, I yield myself the balance of my time to 
close.
  Madam Speaker, it is critical that we do all that we can to prevent 
sexual assault and that we ensure survivors receive the essential 
services they need, which is why we passed the reauthorization of the 
Violence Against Women Act earlier this year.
  And I would remind my colleagues that the VAWA Act, which included 
the authorization for the Debbie Smith Reauthorization Act, expired 
last September 30, 2018, when the Republicans had the majority in the 
House, the majority in the Senate, and the President. So the fact that 
it lapsed was unfortunate, but it was also the responsibility of the 
Republican Party, which then had control of the Senate, the House, and 
the Presidency to get its continuation, which they neglected to do.
  We continue to urge the Senate to do the right thing and pass the 
reauthorization of the Violence Against Women Act, which includes the 
Debbie Smith Reauthorization Act.
  And we will also, again, today pass provisions to reauthorize the 
Debbie Smith Act by advancing this bill today. In doing so, we reaffirm 
our commitment to this important program.
  I, therefore, urge my colleagues to support this bill, and to 
continue to fight to support the more comprehensive measures in the 
Violence Against Women Act.
  Madam Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, as a senior member of both the 
Judiciary Committee and a co-sponsor, I rise in strong support of H.R. 
777, the ``Debbie Smith Reauthorization Act of 2019,'' which 
reauthorizes the Debbie Smith Act and the Debbie Smith Backlog Grant 
program for an additional five years, through FY 2024.
  These grant programs to address DNA backlogs and provide DNA training 
and technical assistance on local, state, and federal levels.
  It is essential that these programs be reauthorized so that the 
backlog of unprocessed rape kits can be reduced and then eliminated, 
and perpetrators of sexual assault crimes can be prosecuted and 
convicted.
  There is an ever-present need to continue robust funding for programs 
such as the Debbie Smith DNA Backlog Grant Program in order to make 
sure victims do not fall through the cracks of the system.
  Women who have been raped have a right to expect police to thoroughly 
investigate the case and prosecute the offenders; however, many rape 
kits across the country are never even tested, and the perpetrators 
never face justice.
  Under the Debbie Smith Act, not less than 40 percent of the total 
amount awarded in grants must be used for DNA analyses of samples from 
crime scenes, rape kits and other sexual assault evidence, and in cases 
that do not have an identified suspect.
  Madam Speaker, the number of backlogged DNA samples was in excess of 
100,000 nationwide as recently as January 2014.
  H.R. 777 reauthorizes for five years (until the end of fiscal year 
2024) the following programs:
  1. ``Debbie Smith Reauthorization'' grants for state and local DNA 
crime laboratories to address DNA backlogs and enhance their capacity.
  2. DNA training and technical directed to law enforcement, courts, 
forensic scientists, and corrections.
  3. DNA training and technical assistance directed to sexual assault 
nurse examiner/(``SANE'') programs.
  In my congressional district, these grant programs have resulted in 
forensic laboratories being hired to clear much of the Houston Police 
Department's backlog of untested DNA benefit from this type of 
legislation.
  Just within the past year, decades-old rape kits that sat untested in 
Houston have identified at least one-third of potential offenders in 
cases where there was sufficient DNA, according to the Houston Police 
Department.
  In my district more than 6,600 rape kits have been cleared because of 
the funding made possible by the grant programs that H.R. 777 will 
reauthorize.
  This record of success highlights the importance and continuing need 
to provide adequate funding so law enforcement agencies can conduct 
necessary DNA testing and training.
  Madam Speaker, when enacted in 2004, the Debbie Smith Act was the 
first piece of legislation aimed at ending the backlog of untested rape 
kits and other unanalyzed DNA evidence.
  Debbie Smith grants have played a critical role in states across the 
country.
  The importance of the Debbie Smith Act is highlighted by the fact 
that delays in processing DNA evidence can result in delays 
apprehending or prosecuting violent or serial offenders or it can 
result in wrongfully convicted individuals serving time in prison for 
crimes they did not commit.
  Law enforcement has increasingly recognized that the backlog of DNA 
evidence awaiting entry in state databases can prevent law enforcement 
officials from solving many heinous crimes--which has made the Debbie 
Smith Act recognized as such a crucial program.
  Madam Speaker, the DNA Initiative is an invaluable tool for law 
enforcement today, and it will continue to be a legislative priority of 
mine. That is why I am pleased to co-sponsor H.R. 777 and urge my 
colleagues to join me in voting to approve this critically important 
legislation.
  Why We Also Need the Enactment of the Entire Violence Against Women 
Reauthorization Act
  Although the country needs the provisions of the Debbie Smith Act, 
survivors of domestic violence and sexual assault need and deserve 
more.
  The Senate must pass the full VAWA Reauthorization, which includes:
  Improving services for victims of domestic violence, dating violence, 
sexual assault, and stalking;
  Giving law enforcement enhanced tools to combat domestic violence and 
sexual assault;
  Making vital new investments in prevention;
  Helping to better protect Native American women;
  Preserving and improving housing protections for survivors;
  Strengthening the health care system's response to domestic violence 
and sexual assault.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Nadler) that the House suspend the rules 
and pass the bill, H.R. 777, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.

[[Page H8409]]

  

  Mr. NADLER. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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