[Congressional Record Volume 169, Number 187 (Monday, November 13, 2023)]
[House]
[Pages H5677-H5679]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                        DEBBIE SMITH ACT OF 2023

  Mr. ISSA. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1105) to amend the DNA Analysis Backlog Elimination Act of 2000 
to reauthorize the Debbie Smith DNA Backlog Grant Program, and for 
other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1105

       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 2023''.

     SEC. 2. REAUTHORIZATION.

       Section 2(j) of the DNA Analysis Backlog Elimination Act of 
     2000 (34 U.S.C. 40701(j)) is amended by striking ``fiscal 
     years 2019 through 2024'' and inserting ``fiscal years 2024 
     through 2029''.

     SEC. 3. AUDITS TO PROTECT INTEGRITY OF GRANT AWARDS.

       Section 2(c)(4) of the DNA Analysis Backlog Elimination Act 
     of 2000 (34 U.S.C. 40701(c)(4)) is amended by striking 
     ``2022'' and inserting ``2029''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Issa) and the gentleman from New York (Mr. Nadler) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. ISSA. Mr. Speaker, I ask unanimous consent that all Members have 
5 legislative days in which to revise and extend their remarks and to 
insert extraneous material on H.R. 1105.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. ISSA. Mr. Speaker, I yield 5 minutes to the gentlewoman from 
Missouri (Mrs. Wagner).
  Mrs. WAGNER. Mr. Speaker, I thank Chairman Issa for yielding. I thank 
the chairman of the full Committee on the Judiciary,   Jim Jordan, for 
his leadership and collaboration with my office in ushering this bill 
through the Judiciary Committee under thorough regular order.
  Mr. Speaker, I rise today in strong support of my bipartisan and 
bicameral bill, H.R. 1105, the Debbie Smith Act of 2023.
  No woman should ever have to experience the trauma and the pain of a 
rape or sexual assault. Yet tragically, these crimes are far too 
common, and approximately one in four women will experience this 
horrific crime.

[[Page H5678]]

  There must be accountability, Mr. Speaker.
  That means identifying, apprehending, and prosecuting the attackers 
to the fullest extent of the law.
  One of the most important methods of investigating these crimes is 
through DNA analysis. However, in 2019, the Government Accountability 
Office found that backlogged DNA analysis requests at State and local 
crime labs increased by 85 percent over the last decade, and the most 
recent data estimates that 200,000 sexual assault kits across the 
country remain untested.
  This is absolutely unacceptable, Mr. Speaker.
  My bill, H.R. 1105, addresses this issue directly. H.R. 1105 is a 
straight reauthorization of the Debbie Smith DNA Backlog Grant Program 
through fiscal year 2029.
  This vital program provides support for law enforcement in all 50 
States to help police improve their procedures for collecting DNA 
evidence from rape kits and crime scenes; support the proper and timely 
analysis of this evidence with a specific priority placed on rape and 
sexual assault kits; audit untested DNA evidence from sexual assault 
cases; and it enhances the capacity of State and local prosecutors to 
bring these cases to court.

                              {time}  1645

  This program has been incredibly effective since it was first 
established, Mr. Speaker. Funding from this program has directly 
resulted in nearly 1.8 million DNA cases analyzed and processed, 
including over 600,000 crime scenes and rape kits.
  Because of these efforts, the Debbie Smith DNA Backlog Grant Program 
accounts for over half of all of the matches, or hits, in the Federal 
criminal DNA database. That is quite literally helping survivors reach 
the justice, the accountability, and the closure that they need.
  Mr. Speaker, we must not let this program lapse at the end of this 
fiscal year.
  I was proud to lead the previous iteration of this bill in 2019 with 
my dear friend Representative Carolyn Maloney. I am beyond thankful to 
the 85 bipartisan Members of Congress who have signed on in support of 
this legislation.
  I also thank Majority Leader   Steve Scalise and his team--you know 
who you are--for bringing this bill to the floor, Subcommittee Chairman 
  Andy Biggs for his partnership in moving this bill through the proper 
legislative process, as well as Senators Cornyn, Klobuchar, Graham, and 
the Late Senator Dianne Feinstein for their leadership in the Senate.
  Through our bicameral work, this bill has only gotten stronger. We 
have added an important provision to ensure that a portion of the funds 
from this program specifically are set aside for the auditing of 
untested rape kits. This will support law enforcement's efforts to 
fully account for the rape kits in their possession so that they can be 
more efficiently analyzed, processed, and used to put rapists behind 
bars.
  I thank Senator Rand Paul for this legislative contribution, and I 
look forward to seeing an overwhelming bipartisan show of support for 
this bill and this program on the floor of the U.S. House of 
Representatives.
  Mr. Speaker, I say to Debbie Smith: I have heard her calls to get 
this done, and I promise her this program will be reauthorized as soon 
as possible.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1105, the Debbie Smith Act of 2023, would 
reauthorize landmark legislation first enacted 19 years ago, in 2004, 
which has been instrumental in addressing a backlog of untested rape 
kits sitting in evidence rooms and crime labs across the country. 
Nearly 20 years ago, when I helped lead efforts to help enact the 
original version of this legislation, I said: ``It is imperative that 
we eliminate the shameful backlog of untested rape kits.''
  Despite our best efforts, the backlog still exists, and my thoughts 
remain the same. It is imperative that we eliminate the rape kit 
backlog; full stop.
  For every rape kit that is yet to be tested, there is a victim of an 
unspeakable crime who has yet to see justice or find closure. In some 
cases, there is an individual languishing in prison who does not belong 
there. It is for these reasons that we must continue the crucial 
mission of this legislation and ensure justice for survivors and for 
the wrongfully convicted.
  Over the past two decades, the Debbie Smith DNA Backlog Grant Program 
has been vital in supporting the processing and analysis of rape kits, 
DNA evidence collection and analysis, and victim resources. Millions of 
dollars have been allocated to increase the capacity of forensic 
laboratories in countless jurisdictions, provide DNA training and 
education to thousands of law enforcement personnel, and provide 
support services to a multitude of victims. As a result of this 
legislation, thousands of cases have been solved, and countless 
survivors have finally received the justice they so rightfully deserve.
  While we laud the numerous achievements made possible by this 
legislation, ultimately, we know that funding is vital to the success 
of this grant program. That is why I offered an amendment to similar 
legislation during the 107th Congress that would increase the 
authorization of funds to address the backlog to $150 million.
  Although the Debbie Smith program was authorized to provide up to 
$151 million in grant funds during the following Congress, the full 
amount has never been appropriated, and it appears that the amounts 
appropriated are decreasing each year.
  Failure to fully fund this program limits the capacity to address the 
backlog, which often numbers in the thousands and has worsened largely 
due to the pandemic. If we really want to solve this problem, we will 
appropriate $151 million, the full amount of the authorization, in this 
year's budget. Delays in testing undermine public safety, allowing 
dangerous criminals to evade apprehension and potentially commit 
additional crimes. It is my hope that the appropriators will fully fund 
this critical program going forward.
  Reauthorizing the Debbie Smith program makes our communities safer. 
By investing in DNA testing and forensic technology, this legislation 
ensures law enforcement agencies are empowered to identify perpetrators 
more efficiently and to link them to other unsolved cases. These 
identifications and connections not only bring closure to victims and 
their families, but they also prevent future crimes by removing serial 
offenders from our streets. Above all, reauthorizing the Debbie Smith 
program sends a clear message to survivors of sexual assault, domestic 
violence, and other crimes that we stand with them.
  While Congress has recognized the urgency of addressing the backlog 
and disbursed millions of dollars in grant funds through the Debbie 
Smith program and other grant programs in response to this problem, we 
must be certain that these funds are put to good use. That is why H.R. 
1105 would also reauthorize for 5 years the allocation of grants for 
State and local governments that receive funding under the Debbie Smith 
program to conduct an audit of sexual assault evidence that is in their 
possession and awaiting testing.
  This particular provision promotes the collection of data to help us 
better understand the nature and extent of the backlog and why it 
persists, while providing grantees with the resources they need to 
perform the audit and comply with other conditions and requirements set 
forth in the statute without reducing the total funds available to 
carry out the primary purposes of the Debbie Smith program.

  The Debbie Smith Act of 2023 is an important measure that ensures our 
continued support of State and local governments in reducing the 
nationwide backlog of untested rape kits, protecting victims, closing 
cases, preventing crime, exonerating the wrongfully accused and 
convicted, and holding perpetrators of crime accountable, while 
promoting the thoughtful allocation and use of Federal funds.
  Again, I emphasize that this will not work as well as it should. We 
will not protect as many victims as we should; we will not exonerate as 
many wrongfully convicted people as we should if we don't fully fund 
the program and if we don't convince the appropriators to appropriate 
the $151 million authorized in this bill.

[[Page H5679]]

  I thank Representative Ann Wagner for introducing this legislation 
along with Representatives Sheila Jackson Lee,   Steve Cohen, Wesley 
Hunt, and Ben Cline. I encourage my colleagues to join me and a broad, 
bipartisan coalition of cosponsors in support of H.R. 1105.
  Mr. Speaker, the Debbie Smith DNA Backlog Grant Program has proven to 
be a bipartisan beacon of hope, shining a light on justice sometimes 
long denied. This legislation would reauthorize this crucial program 
and other safeguards and emphasize our commitment not only to public 
safety but also to survivor support and crime prevention. I urge my 
colleagues on both sides of the aisle to do the same.
  Mr. Speaker, I yield back the balance of my time.
  Mr. ISSA. Mr. Speaker, I yield myself the balance of my time for 
closing.
  Mr. Speaker, much has been said, but I am going to close with just 
two important items. One is that there is no question at all but that 
this has been a good reauthorization because it calls for the 
accountability and the audit to find out why the backlog persists and 
to find ways to eliminate it. Second is its original purpose. Its 
original purpose, more than anything else, is very simple. There are 
hundreds of rapists out there, and they will continue to perpetrate 
their crimes until they are caught. This DNA evidence, in fact, takes 
rapists off the street that otherwise will be committing these crimes, 
violating other persons, until they are stopped. For that reason, we 
must reauthorize and appropriate for this legislation. It is critical 
that we take these evil people off the street. This is the way to do 
it.
  Mr. Speaker, I urge support, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 1105, 
the ``Debbie Smith Act of 2023,'' a bill that would reauthorize 
critical grant funding aimed at ending the rape kit backlog.
  As the Ranking Member of the House Judiciary Subcommittee on Crime 
and Federal Government Surveillance, I am proud to be one of four 
original cosponsors of this bipartisan legislation, and I am proud to 
stand with Representative Steve Cohen and Representative Wesley Hunt.
  And I am encouraged by the number of cosponsors--Republicans and 
Democrats--who have joined us, including Judiciary Ranking Member 
Nadler, Crime Subcommittee Chairman Biggs, and many other members of 
the Judiciary Committee.
  This bill was introduced by Representative Ann Wagner, who I have 
worked with on many occasions to ensure that victims of crime receive 
justice. And this is one such measure.
  H.R. 1105 reauthorizes legislation that provides resources to state 
and local law enforcement agencies and prosecutors to reduce the 
national backlog of DNA evidence, most notably, rape kits.
  Although DNA evidence has proven critical to solving crimes and 
delivering justice, particularly in crimes of sexual violence, there 
are still challenges to holding offenders accountable using such 
evidence.
  Law enforcement agencies and prosecutors increasingly collect and 
rely on DNA evidence, such as rape kits, to investigate and solve 
crimes.
  But delays in processing rape kits and other DNA evidence can result 
in delays in apprehending or prosecuting violent or serial offenders. 
It can also result in the wrongfully convicted serving time in prison 
for crimes they did not commit.
  For every rape kit or DNA sample that languishes on a shelf, 
untested, in a crime lab or police department somewhere in America, 
there is at least one victim--possibly living in fear and most 
certainly searching for an end to their nightmare.
  That is why, as Ranking Member Nadler said, it is imperative that we 
end the rape kit backlog.
  Since passage of the Debbie Smith Act in 2004, as the firs piece of 
legislation aimed at ending the backlog of untested and unanalyzed DNA 
evidence--more than 860,000 DNA cases have been processed with over 
376,000 DNA profiles uploaded to the Combined DNA Index System, 
commonly referred to as CODIS, and nearly 200,000 DNA samples have been 
matched.
  Research has shown that testing backlogged kits can lead to CODIS 
hits as well as arrests and convictions.
  One study of 491 untested kits in the possession of the Houston 
Police Department yielded l04 CODIS hits after testing, and 16 of those 
hits led to an arrest.
   Debbie Smith grants have helped reduce the backlog in jurisdictions 
in every corner of the country.
  For instance, the New York Times reported that my home state of Texas 
had a backlog of approximately 20,000 untested kits in 2013.
  According to a report by the Dallas Morning News, that number was 
reduced to just over 6,000 by 2021.
  Unfortunately, a measure of the progress made in reducing the 
national backlog was lost due to the COVID-l9 pandemic.
  However, recognizing the accomplishments made since the Debbie Smith 
Act first became law, I am confident that we will once again reduce the 
number of untested samples and rape kits and eventually end the 
backlog.
  The Debbie Smith DNA Backlog Grant Program provides grants to state 
and local governments for nine major purposes that include (1) 
conducting analyses of DNA samples; (2) increasing the capacity of 
state and local laboratories to carry out DNA analyses; and (3) 
ensuring that the testing and analysis of DNA samples from crimes, 
including sexual assault and violent crime are carried out in a timely 
manner.
  The program also provides funds to process offender DNA samples to 
ensure evidence from unsolved crimes can be matched to the databases of 
known offenders as in the case of the woman for which this bill was 
named.
  The perpetrator who kidnapped and raped Debbie Smith was identified 
using a DNA sample collected from him while he was serving 161 years in 
prison for robbing and abducting two women.
  The ``hit'' connecting this individual to her rape was not made until 
the DNA evidence was analyzed and uploaded to CODIS six and a half 
years later.
  In an op-ed written in 2019, Mrs. Smith said, ``For six and a half 
years, I lived in the fear that he would return or, even worse, that he 
would take out his revenge on my children or my husband. That fear held 
me so tightly that it choked out any joy of life.''
  Her fears and thoughts of suicide--simply to find peace--changed when 
the results of her rape kit analysis identified her rapist.
  I am grateful that Mrs. Smith brought this issue to Congress and 
advocated for victims like herself.
  It is now up to Congress to make certain that every victim and every 
survivor experiences the relief she felt knowing that her rapist could 
no longer do harm to her, her loved ones, or her communIty.
  That is why I will do all that I can to ensure that every rape kit is 
tested, and every sample is analyzed so that no survivor's voice is 
silenced and no victim's cry for justice goes unanswered, and that no 
criminal goes free because of a failure to act.
  That includes supporting this bill and encouraging my colleagues to 
do the same.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Issa) that the House suspend the rules 
and pass the bill, H.R. 1105, 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.
  Mrs. WAGNER. Mr. 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.

                          ____________________