[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[Senate]
[Page S7046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        DEBBIE SMITH ACT OF 2019

  Mr. GRASSLEY. Mr. President, I have long maintained that rape victims 
shouldn't have to wait years for justice, and that is why I supported 
the original version of the Debbie Smith Act when the Senate Judiciary 
Committee originated it more than 15 years ago. I am delighted that we 
last week reached a compromise enabling Congress to send another 5-year 
reauthorization of the Debbie Smith Act to the President's desk this 
year.
  Congress has generously funded the program authorized by this statute 
at roughly $100 million annually since its inception. Unfortunately, 
however, we have seen repeated media reports that a backlog of untested 
sexual assault evidence persists in many States, and the Justice 
Department, which administers this formula grant program, has not done 
enough to tackle persistent issues with the program's implementation.
  These reports concerned me, and at a 2016 meeting of the Judiciary 
Committee, I began voicing questions about whether rape victims were 
truly the top priority under our DNA Capacity and Backlog Enhancement 
Program. I also questioned whether additional oversight was needed. I 
insisted at this time that transparency requirements be added to the 
Justice for All Act reauthorization prior to its passage by the full 
Senate. These changes, which I later offered as a floor amendment and 
which the Senate accepted by voice vote in 2016, ensure that the 
Justice Department collects and reports more data about how Federal 
grant funds are being spent.
  In 2017, I also called on a government watchdog agency to assess the 
progress we have made in reducing backlogs of untested DNA evidence in 
sexual assault kits since the enactment of the Debbie Smith Act grant 
program. Last year, as chairman of the Judiciary Committee, I also 
convened an oversight hearing to review Congress' billion-dollar 
investment in the DNA backlog program, which makes Federal resources 
available each year for crime laboratories across the country to 
analyze untested DNA evidence collected from crime scenes and convicted 
offenders.
  The Government Accountability Office, or GAO, testified at last 
year's congressional hearing that we still don't know with certainty 
that this program is working. GAO explained--and this year reconfirmed 
in the final report prepared by GAO at my request--that the Justice 
Department has yet to articulate measurable program-wide goals for the 
grant program authorized by the Debbie Smith Act, making it difficult 
to assess and verify State grantees' performance. GAO raised similar 
concerns in a 2013 report on this national program. GAO also suggested 
the need for the Justice Department to implement additional steps to 
prevent lobbying-related conflicts of interest.
  This year, I developed additional proposed reforms in response to the 
issues that GAO and others raised. I want to thank Penny Nance of 
Concerned Women for America, who testified at my invitation at last 
year's Judiciary Committee hearing, for suggesting certain changes to 
ensure that the analysis of sexual assault evidence is accorded a 
higher priority by grantees. This statutory reform is essential, 
because most States impose a statutory deadline by which crimes of 
sexual violence must be prosecuted. Changes suggested by her 
organization, for which I have advocated since 2016, were incorporated 
into the Debbie Smith Act reauthorization bill by the Senate sponsor, 
Senator Cornyn, with my support. The House of Representatives also 
accepted these changes this year.
  Additional reforms I proposed to the program this year, based on 
GAO's findings and suggestions, cleared the Judiciary Committee as an 
amendment to the Debbie Smith Act during our committee's consideration 
of the 2019 reauthorization. The full Senate later approved the 
reauthorization, including these reforms, by voice vote, but the House 
of Representatives declined to accept all of them. If enacted, the 
changes opposed by the House would require both that the Justice 
Department articulate measurable, program-wide goals and that the 
National Institute of Justice take additional steps to prevent 
lobbying-related conflicts of interest. They would not resolve every 
issue with the DNA backlog program, but I believe their enactment would 
substantially strengthen the program.
  Because the House of Representatives dropped the GAO-backed reforms 
that the Senate approved by voice vote, I imposed a hold on the other 
Chamber's reauthorization measure this month. I then called on the 
Attorney General to implement my proposed reforms through 
administrative action. I thank the Attorney General for almost 
immediately agreeing to do so. Rather than indefinitely hold up the 
extension of the Debbie Smith Act, I lifted my hold on the bill last 
week, and I will continue to conduct oversight to ensure that these 
reforms are implemented as promised by the executive branch.
  At this time, I want to thank Senator Cornyn for his efforts to 
advance the 2019 reauthorization, which I cosponsored, and for 
cosigning my December 2019 letter to the Attorney General.
  Mr. President, I ask unanimous consent that this letter and Attorney 
General's response be included in the Congressional Record. I am 
hopeful that this bipartisan measure can be approved today by voice 
vote and sent to President Trumps' desk this week for signature.

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