[House Report 118-250]
[From the U.S. Government Publishing Office]


118th Congress }                                             {     Report
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                             {   118-250

======================================================================



 
                        DEBBIE SMITH ACT OF 2023

                                _______
                                

October 25, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Jordan, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1105]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred 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, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     4
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Committee Estimate of Budgetary Effects..........................     7
Duplication of Federal Programs..................................     7
Performance Goals and Objectives.................................     7
Advisory on Earmarks.............................................     7
Federal Mandates Statement.......................................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis......................................     8
Changes in Existing Law Made by the Bill, as Reported............     8

                          Purpose and Summary

    H.R. 1105, introduced by Rep. Ann Wagner (R-MO), amends the 
DNA Analysis Backlog Elimination Act of 2000 to reauthorize the 
Debbie Smith DNA Backlog Grant Program.

                Background and Need for the Legislation

    When a suspected sexual assault victim is evaluated and 
treated at a medical facility, the victim may choose to undergo 
a sexual assault forensic exam. The person conducting the exam 
will use a sexual assault kit or rape kit, which contains the 
materials needed to conduct the exam--including a ``checklist, 
materials, and instructions, along with envelopes and 
containers to package any specimens collected during the 
exam.''\1\ After completing the exam, the contents will be 
transferred to law enforcement and logged as evidence.\2\
---------------------------------------------------------------------------
    \1\What Is a Sexual Assault Forensic Exam? RAINN, https://
rainn.org/articles/rape-kit.
    \2\See Emily J. Hanson, Cong. Res. Serv., R44237, Sexual Assault 
Kits (SAKS) and the Backlog of Untested Sexual Assault Evidence: In 
Brief 4 (2022).
---------------------------------------------------------------------------
    Analyzing DNA evidence collected in a rape kit makes it 
more likely that the perpetrator of a sexual assault will be 
identified, held accountable, and prevented from committing 
future sexual assaults.\3\ One recent study found that ``25%-
50% of tested [sexual assault kits] generated Combined DNA 
Index System (CODIS)-eligible DNA profiles and 50%-60% of those 
profiles resulted in a hit (i.e., revealed the DNA 
identification of the suspect).''\4\ Although rape kits often 
generate investigatory leads, they often times may not be 
submitted to a laboratory for testing or may await testing at a 
laboratory for an extended period of time.\5\
---------------------------------------------------------------------------
    \3\The Importance of DNA in Sexual Assault Cases, Rainn, https://
rainn.org/articles/importance-dna-sexual-assault-cases.
    \4\Hanson, supra note 2, at 1.
    \5\See, Id. at 5.
---------------------------------------------------------------------------
    The Debbie Smith DNA Backlog Grant Program provides federal 
grants to states to reduce the backlog of testing biological 
material thought to contain DNA in criminal investigations, 
particularly rapes and sexual assaults. The Debbie Smith 
program was originally authorized by the DNA Analysis Backlog 
Elimination Act of 2000.\6\ The program was amended in 2004 by 
Title II of the Justice for All Act, which expanded the scope 
of the program and named the program ``The Debbie Smith DNA 
Backlog Grant Program.''\7\ The program was reauthorized in 
2008, 2014,\8\ and 2019.\9\
---------------------------------------------------------------------------
    \6\P.L. 106-546, codified at 42 U.S.C. Sec. 14135.
    \7\P.L. 108-405.
    \8\P.L. 113-182.
    \9\P.L. 116-104.
---------------------------------------------------------------------------
    Under current law, grants awarded to states and local 
governments under this program can be used for the following 
purposes:
          (1) To carry out, for inclusion in the Combined DNA 
        Index System of the Federal Bureau of Investigation, 
        DNA analyses of samples collected under applicable 
        legal authority.
          (2) To carry out, for inclusion in such Combined DNA 
        Index System, DNA analyses of samples from crime 
        scenes, prioritizing, to the extent practicable 
        consistent with public safety considerations samples 
        from rape kits, samples from other sexual assault 
        evidence, and samples taken in cases without an 
        identified suspect.
          (3) To increase the capacity of laboratories owned by 
        the State or by units of local government to carry out 
        DNA analyses of samples specified in paragraph (1) or 
        (2).
          (4) To collect DNA samples specified in paragraph 
        (1).
          (5) To ensure that DNA testing and analysis of 
        samples from crimes, including sexual assault and other 
        serious violent crimes, are carried out in a timely 
        manner.
          (6) To implement a DNA arrestee collection process 
        consistent with subchapter III of this chapter.
          (7) To conduct an audit consistent with subsection 
        (n) of the samples of sexual assault evidence that are 
        in the possession of the State or unit of local 
        government and are awaiting testing.
          (8) To ensure that the collection and processing of 
        DNA evidence by law enforcement agencies from crimes, 
        in particular, sexual assault and other violent crimes 
        against persons, is carried out in an appropriate and 
        timely manner and in accordance with the protocols and 
        practices developed under subsection (o)(1).
          (9) To increase the capacity of State and local 
        prosecution offices to address the backlog of violent 
        crime cases in which suspects have been identified 
        through DNA evidence.\10\
---------------------------------------------------------------------------
    \10\34 U.S.C. Sec. 40701.
---------------------------------------------------------------------------
    On February 17, 2023, Representative Ann Wagner, along with 
Rep. Wesley Hunt (R-TX), Rep. Ben Cline (R-VA), Rep. Steve 
Cohen (D-TN), and Rep. Sheila Jackson Lee (D-TX) introduced the 
Debbie Smith Act of 2023.\11\ This bill reauthorizes the grant 
program through fiscal year 2029.
---------------------------------------------------------------------------
    \11\H.R. 1105, 118th Cong. (2023).
---------------------------------------------------------------------------

                                Hearings

    For the purposes of clause 3(c)(6)(A) of House rule XIII, 
the following hearing was used to develop H.R. 1105: ``Children 
are Not for Sale: Examining the Threat of Exploitation of 
Children in the U.S. and Abroad,'' a hearing held on September 
13, 2023 before the Subcommittee on Crime and Federal 
Government Surveillance of the Committee on the Judiciary. The 
Subcommittee heard testimony from the following witnesses:
           Anne Basham, Founder & Chair, 
        Interparliamentary Taskforce on Human Trafficking
           Vanessa Bautista, Founding Member, Global 
        Survivor Network
           John Pizzuro, Chief Executive Officer, Raven
           Frank Russo, Director & Associate General 
        Counsel, Center for Combatting Human Trafficking, 
        American Conservative Union
           John Tanagho, Executive Director, Center to 
        End Sexual Exploitation of Children
           Jose Alfaro, Board Member, Human Trafficking 
        Legal Center
           Lori Cohen, Chief Executive Officer, Protect 
        All Children From Trafficking
    The hearing addressed child sexual exploitation and 
trafficking. In his submitted testimony, Mr. Russo highlighted 
the Debbie Smith Act as a program that assists law enforcement 
in identifying and holding traffickers accountable.\12\
---------------------------------------------------------------------------
    \12\Children are Not for Sale: Examining the Threat of Exploitation 
of Children in the U.S. and Abroad: Hearing before the Subcomm. On 
Crime and Federal Government Surveillance of the H. Comm. On the 
Judiciary, 118th Cong. (2023) (prepared statement of Mr. Frank Russo).
---------------------------------------------------------------------------

                        Committee Consideration

    On September 28, 2023, the Committee met in open session 
and ordered the bill, H.R. 1105, favorably reported by a roll 
call vote of 28 to 0, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of House rule XIII, the 
following roll call votes occurred during the Committee's 
consideration of H.R. 1105:
    1. Vote on favorably reporting H.R. 1105--passed 28 ayes to 
0 nays.


                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of House rule XIII, the 
Committee advises that the findings and recommendations of the 
Committee, based on oversight activities under clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, are 
incorporated in the descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to filing of the report 
and is included in the report. Such a cost estimate is included 
in this report.

               Congressional Budget Office Cost Estimate

    With respect to the requirement of clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
402 of the Congressional Budget Act of 1974, the Committee has 
received the enclosed cost estimate for H.R. 1105 from the 
Director of the Congressional Budget Office:




    H.R. 1105 would authorize the appropriation of $151 million 
annually over the 2025-2029 period for the Debbie Smith DNA 
Backlog Grant Program. Under the program, the Department of 
Justice (DOJ) awards grants to state and local governments to 
analyze DNA samples, improve DNA sample collection, prosecute 
violent crime cold cases, and undertake other work related to 
criminal investigations. Under current law, the annual 
authorization of $151 million for this program expires at the 
end of fiscal year 2024. (In 2023, the Congress provided $130 
million for this program.)
    Based on the historical spending patterns for this program, 
CBO estimates that implementing H.R. 1105 would cost $423 
million over the 2024-2028 period and $332 million after 2028, 
assuming the appropriation of the authorized amounts.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 750 (administration of justice).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 1105
----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, millions of dollars--
                                                              --------------------------------------------------
                                                                2024    2025    2026    2027    2028   2024-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization......................................       0     151     151     151     151        604
Estimated Outlays............................................       0      30      91     151     151        423
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Jeremy Crimm. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                Committee Estimate of Budgetary Effects

    With respect to the requirements of clause 3(d)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee adopts as its own the cost estimate prepared by the 
Director of the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, no provision 
of H.R. 1105 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
House rule XIII, H.R. 1105 amends the DNA Analysis Backlog 
Elimination Act of 2000 to reauthorize the Debbie Smith DNA 
Backlog Grant Program.

                          Advisory on Earmarks

    In accordance with clause 9 of House rule XXI, H.R. 1105 
does not contain any congressional earmarks, limited tax 
benefits, or limited tariff benefits as defined in clauses 
9(d), 9(e), or 9(f) of House rule XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).

                      Section-by-Section Analysis

    Section 1: Short Title. The Debbie Smith Act of 2023.
    Section 2: Reauthorization. Reauthorizes Section 2(j) of 
the DNA Analysis Backlog Elimination Act of 2000 through 2029.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

              DNA ANALYSIS BACKLOG ELIMINATION ACT OF 2000




           *       *       *       *       *       *       *
SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

  (a) Authorization of Grants.--The Attorney General may make 
grants to eligible States or units of local government for use 
by the State or unit of local government for the following 
purposes:
          (1) To carry out, for inclusion in the Combined DNA 
        Index System of the Federal Bureau of Investigation, 
        DNA analyses of samples collected under applicable 
        legal authority.
          (2) To carry out, for inclusion in such Combined DNA 
        Index System, DNA analyses of samples from crime 
        scenes, prioritizing, to the extent practicable 
        consistent with public safety considerations samples 
        from rape kits, samples from other sexual assault 
        evidence, and samples taken in cases without an 
        identified suspect.
          (3) To increase the capacity of laboratories owned by 
        the State or by units of local government to carry out 
        DNA analyses of samples specified in paragraph (1) or 
        (2).
          (4) To collect DNA samples specified in paragraph 
        (1).
          (5) To ensure that DNA testing and analysis of 
        samples from crimes, including sexual assault and other 
        serious violent crimes, are carried out in a timely 
        manner.
          (7) To conduct an audit consistent with subsection 
        (n) of the samples of sexual assault evidence that are 
        in the possession of the State or unit of local 
        government and are awaiting testing.
          (8) To ensure that the collection and processing of 
        DNA evidence by law enforcement agencies from crimes, 
        in particular, sexual assault and other violent crimes 
        against persons, is carried out in an appropriate and 
        timely manner and in accordance with the protocols and 
        practices developed under subsection (o)(1).
          (9) To increase the capacity of State and local 
        prosecution offices to address the backlog of violent 
        crime cases in which suspects have been identified 
        through DNA evidence.
  (b) Eligibility.--For a State or unit of local government to 
be eligible to receive a grant under this section, the chief 
executive officer of the State or unit of local government 
shall submit to the Attorney General an application in such 
form and containing such information as the Attorney General 
may require. The application shall, as required by the Attorney 
General--
          (1) provide assurances that the State or unit of 
        local government has implemented, or will implement not 
        later than 120 days after the date of such application, 
        a comprehensive plan for the expeditious DNA analysis 
        of samples in accordance with this section;
          (2) include a certification that each DNA analysis 
        carried out under the plan shall be maintained pursuant 
        to the privacy requirements described in section 
        210304(b)(3) of the Violent Crime Control and Law 
        Enforcement Act of 1994 (42 U.S.C. 14132(b)(3));
          (3) include a certification that the State or unit of 
        local government has determined, by statute, rule, or 
        regulation, those offenses under State law that shall 
        be treated for purposes of this section as qualifying 
        State offenses;
          (4) specify the allocation that the State or unit of 
        local government shall make, in using grant amounts to 
        carry out DNA analyses of samples, as between samples 
        specified in subsection (a)(1) and samples specified in 
        subsection (a)(2);
          (5) specify that portion of grant amounts that the 
        State or unit of local government shall use for the 
        purpose specified in subsection (a)(3);
          (6) if submitted by a unit of local government, 
        certify that the unit of local government has taken, or 
        is taking, all necessary steps to ensure that it is 
        eligible to include, directly or through a State law 
        enforcement agency, all analyses of samples for which 
        it has requested funding in the Combined DNA Index 
        System;
          (7) specify that portion of grant amounts that the 
        State or unit of local government shall use for the 
        purpose specified in subsection (a)(4); and
          (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.
  (c) Formula for Distribution of Grants.--
          (1) In general.--The Attorney General shall 
        distribute grant amounts, and establish appropriate 
        grant conditions under this section, in conformity with 
        a formula or formulas that are designed to effectuate a 
        distribution of funds among eligible States and units 
        of local government that--
                  (A) maximizes the effective utilization of 
                DNA technology to solve crimes and protect 
                public safety; and
                  (B) allocates grants among eligible entities 
                fairly and efficiently to address jurisdictions 
                in which significant backlogs exist, by 
                considering--
                          (i) the number of offender and 
                        casework samples awaiting DNA analysis 
                        in a jurisdiction;
                          (ii) the population in the 
                        jurisdiction; and
                          (iii) the number of part 1 violent 
                        crimes in the jurisdiction.
          (2) Minimum amount.--The Attorney General shall 
        allocate to each State not less than 0.50 percent of 
        the total amount appropriated in a fiscal year for 
        grants under this section, except that the United 
        States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands shall each be allocated 0.125 
        percent of the total appropriation.
          (3) Limitation.--Grant amounts distributed under 
        paragraph (1) shall be awarded to conduct DNA analyses 
        of samples from casework or from victims of crime under 
        subsection (a)(2) in accordance with the following 
        limitations:
                  (A) For fiscal year 2009, not less than 40 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  (B) For each of the fiscal years 2019 through 
                2024, not less than 40 percent of the grant 
                amounts shall be awarded for purposes under 
                subsection (a)(2).
                  (C) For each of fiscal years 2019 through 
                2024, not less than 75 percent of the total 
                grant amounts shall be awarded for a 
                combination of purposes under paragraphs (1), 
                (2), and (3) of subsection (a).
          (4)  Allocation of grant awards for audits.--For each 
        of fiscal years 2014 through 2022, not less than 5 
        percent, but not more than 7 percent, of the grant 
        amounts distributed under paragraph (1) shall, if 
        sufficient applications to justify such amounts are 
        received by the Attorney General, be awarded for 
        purposes described in subsection (a)(7), provided that 
        none of the funds required to be distributed under this 
        paragraph shall decrease or otherwise limit the 
        availability of funds required to be awarded to States 
        or units of local government under paragraph (3).
          (5) Allocation of grant awards for prosecutors.--For 
        each fiscal year, not less than 5 percent, but not more 
        than 7 percent, of the grant amounts distributed under 
        paragraph (1) shall, if sufficient applications to 
        justify such amounts are received by the Attorney 
        General, be awarded for purposes described in 
        subsection (a)(9), provided that none of the funds 
        required to be distributed under this paragraph shall 
        decrease or otherwise limit the availability of funds 
        required to be awarded to States or units of local 
        government under paragraph (3).
  (d) Analysis of Samples.--
          (1) In general.--A plan pursuant to subsection (b)(1) 
        shall require that, except as provided in paragraph 
        (3), each DNA analysis be carried out in a laboratory 
        that satisfies quality assurance standards and is--
                  (A) operated by the State or a unit of local 
                government; or
                  (B) operated by a private entity pursuant to 
                a contract with the State or a unit of local 
                government.
          (2) Quality assurance standards.--(A) The Director of 
        the Federal Bureau of Investigation shall maintain and 
        make available to States and units of local government 
        a description of quality assurance protocols and 
        practices that the Director considers adequate to 
        assure the quality of a forensic laboratory.
          (B) For purposes of this section, a laboratory 
        satisfies quality assurance standards if the laboratory 
        satisfies the quality control requirements described in 
        paragraphs (1) and (2) of section 210304(b) of the 
        Violent Crime Control and Law Enforcement Act of 1994 
        (42 U.S.C. 14132(b)).
          (3) Use of vouchers or contracts for certain 
        purposes.--
                  (A) In general.--A grant for the purposes 
                specified in paragraph (1), (2), or (5) of 
                subsection (a) may be made in the form of a 
                voucher or contract for laboratory services, 
                even if the laboratory makes a reasonable 
                profit for the services.
                  (B) Redemption.--A voucher or contract under 
                subparagraph (A) may be redeemed at a 
                laboratory operated on a nonprofit or for-
                profit basis, by a private entity that 
                satisfies quality assurance standards and has 
                been approved by the Attorney General.
                  (C) Payments.--The Attorney General may use 
                amounts authorized under subsection (j) to make 
                payments to a laboratory described under 
                subparagraph (B).
  (e) Restrictions on Use of Funds.--
          (1) Nonsupplanting.--Funds made available pursuant to 
        this section shall not be used to supplant State or 
        local government funds, but shall be used to increase 
        the amount of funds that would, in the absence of 
        Federal funds, be made available from State or local 
        government sources for the purposes of this Act.
          (2) Administrative costs.--A State or unit of local 
        government may not use more than 3 percent of the funds 
        it receives from this section for administrative 
        expenses.
  (f) Reports to the Attorney General.--Each State or unit of 
local government which receives a grant under this section 
shall submit to the Attorney General, for each year in which 
funds from a grant received under this section is expended, a 
report at such time and in such manner as the Attorney General 
may reasonably require, which contains--
          (1) a summary of the activities carried out under the 
        grant and an assessment of whether such activities are 
        meeting the needs identified in the application; and
          (2) such other information as the Attorney General 
        may require.
  (g) Reports to Congress.--Not later than 90 days after the 
end of each fiscal year for which grants are made under this 
section, the Attorney General shall submit to the Congress a 
report that includes--
          (1) the aggregate amount of grants made under this 
        section to each State or unit of local government for 
        such fiscal year;
          (2) a summary of the information provided by States 
        or units of local government receiving grants under 
        this section; and
          (3) a description of the priorities and plan for 
        awarding grants among eligible States and units of 
        local government, and how such plan will ensure the 
        effective use of DNA technology to solve crimes and 
        protect public safety.
  (h) Expenditure Records.--
          (1) In general.--Each State or unit of local 
        government which receives a grant under this section 
        shall keep records as the Attorney General may require 
        to facilitate an effective audit of the receipt and use 
        of grant funds received under this section.
          (2) Access.--Each State or unit of local government 
        which receives a grant under this section shall make 
        available, for the purpose of audit and examination, 
        such records as are related to the receipt or use of 
        any such grant.
  (i) Definition.--For purposes of this section, the term 
``State'' means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands, American Samoa, Guam, and the Northern Mariana 
Islands.
  (j) Authorization of Appropriations.--There are authorized to 
be appropriated to the Attorney General for grants under 
subsection (a) $151,000,000 for each of [fiscal years 2019 
through 2024] fiscal years 2024 through 2029.
  (k) Use of Funds for Accreditation and Audits.--The Attorney 
General may distribute not more than 1 percent of the grant 
amounts under subsection (j)--
          (1) to States or units of local government to defray 
        the costs incurred by laboratories operated by each 
        such State or unit of local government in preparing for 
        accreditation or reaccreditation;
          (2) in the form of additional grants to States, units 
        of local government, or nonprofit professional 
        organizations of persons actively involved in forensic 
        science and nationally recognized within the forensic 
        science community--
                  (A) to defray the costs of external audits of 
                laboratories operated by such State or unit of 
                local government, which participates in the 
                National DNA Index System, to determine whether 
                the laboratory is in compliance with quality 
                assurance standards;
                  (B) to assess compliance with any plans 
                submitted to the National Institute of Justice, 
                which detail the use of funds received by 
                States or units of local government under this 
                Act; and
                  (C) to support future capacity building 
                efforts; and
          (3) in the form of additional grants to nonprofit 
        professional associations actively involved in forensic 
        science and nationally recognized within the forensic 
        science community to defray the costs of training 
        persons who conduct external audits of laboratories 
        operated by States and units of local government and 
        which participate in the National DNA Index System.
  (l) Use of Funds for Other Forensic Sciences.--The Attorney 
General may award a grant under this section to a State or unit 
of local government to alleviate a backlog of cases with 
respect to a forensic science other than DNA analysis if the 
State or unit of local government--
          (1) certifies to the Attorney General that in such 
        State or unit--
                  (A) all of the purposes set forth in 
                subsection (a) have been met;
                  (B) a significant backlog of casework is not 
                waiting for DNA analysis; and
                  (C) there is no need for significant 
                laboratory equipment, supplies, or additional 
                personnel for timely DNA processing of casework 
                or offender samples; and
          (2) demonstrates to the Attorney General that such 
        State or unit requires assistance in alleviating a 
        backlog of cases involving a forensic science other 
        than DNA analysis.
  (m) External Audits and Remedial Efforts.--In the event that 
a laboratory operated by a State or unit of local government 
which has received funds under this Act has undergone an 
external audit conducted to determine whether the laboratory is 
in compliance with standards established by the Director of the 
Federal Bureau of Investigation, and, as a result of such 
audit, identifies measures to remedy deficiencies with respect 
to the compliance by the laboratory with such standards, the 
State or unit of local government shall implement any such 
remediation as soon as practicable.
  (n) Use of Funds for Auditing Sexual Assault Evidence 
Backlogs.--
          (1) Eligibility.--The Attorney General may award a 
        grant under this section to a State or unit of local 
        government for the purpose described in subsection 
        (a)(7) only if the State or unit of local government--
                  (A) submits a plan for performing the audit 
                of samples described in such subsection; and
                  (B) includes in such plan a good-faith 
                estimate of the number of such samples.
          (2) Grant conditions.--A State or unit of local 
        government receiving a grant for the purpose described 
        in subsection (a)(7)--
                  (A) may not enter into any contract or 
                agreement with any non-governmental vendor 
                laboratory to conduct an audit described in 
                subsection (a)(7); and
                  (B) shall--
                          (i) not later than 1 year after 
                        receiving the grant, complete the audit 
                        referred to in paragraph (1)(A) in 
                        accordance with the plan submitted 
                        under such paragraph;
                          (ii) not later than 60 days after 
                        receiving possession of a sample of 
                        sexual assault evidence that was not in 
                        the possession of the State or unit of 
                        local government at the time of the 
                        initiation of an audit under paragraph 
                        (1)(A), subject to paragraph (4)(F), 
                        include in any required reports under 
                        clause (v), the information listed 
                        under paragraph (4)(B);
                          (iii) for each sample of sexual 
                        assault evidence that is identified as 
                        awaiting testing as part of the audit 
                        referred to in paragraph (1)(A)--
                                  (I) assign a unique numeric 
                                or alphanumeric identifier to 
                                each sample of sexual assault 
                                evidence that is in the 
                                possession of the State or unit 
                                of local government and is 
                                awaiting testing; and
                                  (II) identify the date or 
                                dates after which the State or 
                                unit of local government would 
                                be barred by any applicable 
                                statutes of limitations from 
                                prosecuting a perpetrator of 
                                the sexual assault to which the 
                                sample relates;
                          (iv) provide that--
                                  (I) the chief law enforcement 
                                officer of the State or unit of 
                                local government, respectively, 
                                is the individual responsible 
                                for the compliance of the State 
                                or unit of local government, 
                                respectively, with the 
                                reporting requirements 
                                described in clause (v); or
                                  (II) the designee of such 
                                officer may fulfill the 
                                responsibility described in 
                                subclause (I) so long as such 
                                designee is an employee of the 
                                State or unit of local 
                                government, respectively, and 
                                is not an employee of any 
                                governmental laboratory or non-
                                governmental vendor laboratory; 
                                and
                          (v) comply with all grantee reporting 
                        requirements described in paragraph 
                        (4).
          (3) Extension of initial deadline.--The Attorney 
        General may grant an extension of the deadline under 
        paragraph (2)(B)(i) to a State or unit of local 
        government that demonstrates that more time is required 
        for compliance with such paragraph.
          (4) Sexual assault forensic evidence reports.--
                  (A) In general.--For not less than 12 months 
                after the completion of an initial count of 
                sexual assault evidence that is awaiting 
                testing during an audit referred to in 
                paragraph (1)(A), a State or unit of local 
                government that receives a grant award under 
                subsection (a)(7) shall, not less than every 60 
                days, submit a report to the Department of 
                Justice, on a form prescribed by the Attorney 
                General, which shall contain the information 
                required under subparagraph (B).
                  (B) Contents of reports.--A report under this 
                paragraph shall contain the following 
                information:
                          (i) The name of the State or unit of 
                        local government filing the report.
                          (ii) The period of dates covered by 
                        the report.
                          (iii) The cumulative total number of 
                        samples of sexual assault evidence 
                        that, at the end of the reporting 
                        period--
                                  (I) are in the possession of 
                                the State or unit of local 
                                government at the reporting 
                                period;
                                  (II) are awaiting testing; 
                                and
                                  (III) the State or unit of 
                                local government has determined 
                                should undergo DNA or other 
                                appropriate forensic analyses.
                          (iv) The cumulative total number of 
                        samples of sexual assault evidence in 
                        the possession of the State or unit of 
                        local government that, at the end of 
                        the reporting period, the State or unit 
                        of local government has determined 
                        should not undergo DNA or other 
                        appropriate forensic analyses, provided 
                        that the reporting form shall allow for 
                        the State or unit of local government, 
                        at its sole discretion, to explain the 
                        reasoning for this determination in 
                        some or all cases.
                          (v) The cumulative total number of 
                        samples of sexual assault evidence in a 
                        total under clause (iii) that have been 
                        submitted to a laboratory for DNA or 
                        other appropriate forensic analyses.
                          (vi) The cumulative total number of 
                        samples of sexual assault evidence 
                        identified by an audit referred to in 
                        paragraph (1)(A) or under paragraph 
                        (2)(B)(ii) for which DNA or other 
                        appropriate forensic analysis has been 
                        completed at the end of the reporting 
                        period.
                          (vii) The total number of samples of 
                        sexual assault evidence identified by 
                        the State or unit of local government 
                        under paragraph (2)(B)(ii), since the 
                        previous reporting period.
                          (viii) The cumulative total number of 
                        samples of sexual assault evidence 
                        described under clause (iii) for which 
                        the State or unit of local government 
                        will be barred within 12 months by any 
                        applicable statute of limitations from 
                        prosecuting a perpetrator of the sexual 
                        assault to which the sample relates.
                  (C) Publication of reports.--Not later than 7 
                days after the submission of a report under 
                this paragraph by a State or unit of local 
                government, the Attorney General shall, subject 
                to subparagraph (D), publish and disseminate a 
                facsimile of the full contents of such report 
                on an appropriate internet website.
                  (D) Personally identifiable information.--The 
                Attorney General shall ensure that any 
                information published and disseminated as part 
                of a report under this paragraph, which reports 
                information under this subsection, does not 
                include personally identifiable information or 
                details about a sexual assault that might lead 
                to the identification of the individuals 
                involved.
                  (E) Optional reporting.--The Attorney General 
                shall--
                          (i) at the discretion of a State or 
                        unit of local government required to 
                        file a report under subparagraph (A), 
                        allow such State or unit of local 
                        government, at their sole discretion, 
                        to submit such reports on a more 
                        frequent basis; and
                          (ii) make available to all States and 
                        units of local government the reporting 
                        form created pursuant to subparagraph 
                        (A), whether or not they are required 
                        to submit such reports, and allow such 
                        States or units of local government, at 
                        their sole discretion, to submit such 
                        reports for publication.
                  (F) Samples exempt from reporting 
                requirement.--The reporting requirements 
                described in paragraph (2) shall not apply to a 
                sample of sexual assault evidence that--
                          (i) is not considered criminal 
                        evidence (such as a sample collected 
                        anonymously from a victim who is 
                        unwilling to make a criminal 
                        complaint); or
                          (ii) relates to a sexual assault for 
                        which the prosecution of each 
                        perpetrator is barred by a statute of 
                        limitations.
          (5) Definitions.--In this subsection:
                  (A) Awaiting testing.--The term ``awaiting 
                testing'' means, with respect to a sample of 
                sexual assault evidence, that--
                          (i) the sample has been collected and 
                        is in the possession of a State or unit 
                        of local government;
                          (ii) DNA and other appropriate 
                        forensic analyses have not been 
                        performed on such sample; and
                          (iii) the sample is related to a 
                        criminal case or investigation in which 
                        final disposition has not yet been 
                        reached.
                  (B) Final disposition.--The term ``final 
                disposition'' means, with respect to a criminal 
                case or investigation to which a sample of 
                sexual assault evidence relates--
                          (i) the conviction or acquittal of 
                        all suspected perpetrators of the crime 
                        involved;
                          (ii) a determination by the State or 
                        unit of local government in possession 
                        of the sample that the case is 
                        unfounded; or
                          (iii) a declaration by the victim of 
                        the crime involved that the act 
                        constituting the basis of the crime was 
                        not committed.
                  (C) Possession.--
                          (i) In general.--The term 
                        ``possession'', used with respect to 
                        possession of a sample of sexual 
                        assault evidence by a State or unit of 
                        local government, includes possession 
                        by an individual who is acting as an 
                        agent of the State or unit of local 
                        government for the collection of the 
                        sample.
                          (ii) Rule of construction.--Nothing 
                        in clause (i) shall be construed to 
                        create or amend any Federal rights or 
                        privileges for non-governmental vendor 
                        laboratories described in regulations 
                        promulgated under section 210303 of the 
                        DNA Identification Act of 1994 (42 
                        U.S.C. 14131).
  (o) Establishment of Protocols, Technical Assistance, and 
Definitions.--
          (1) Protocols and practices.--Not later than 18 
        months after the date of enactment of the SAFER Act of 
        2013, the Director, in consultation with Federal, 
        State, and local law enforcement agencies and 
        government laboratories, shall develop and publish a 
        description of protocols and practices the Director 
        considers appropriate for the accurate, timely, and 
        effective collection and processing of DNA evidence, 
        including protocols and practices specific to sexual 
        assault cases, which shall address appropriate steps in 
        the investigation of cases that might involve DNA 
        evidence, including--
                  (A) how to determine--
                          (i) which evidence is to be collected 
                        by law enforcement personnel and 
                        forwarded for testing;
                          (ii) the preferred order in which 
                        evidence from the same case is to be 
                        tested; and
                          (iii) what information to take into 
                        account when establishing the order in 
                        which evidence from different cases is 
                        to be tested;
                  (B) the establishment of a reasonable period 
                of time in which evidence is to be forwarded by 
                emergency response providers, law enforcement 
                personnel, and prosecutors to a laboratory for 
                testing;
                  (C) the establishment of reasonable periods 
                of time in which each stage of analytical 
                laboratory testing is to be completed;
                  (D) systems to encourage communication within 
                a State or unit of local government among 
                emergency response providers, law enforcement 
                personnel, prosecutors, courts, defense 
                counsel, crime laboratory personnel, and crime 
                victims regarding the status of crime scene 
                evidence to be tested; and
                  (E) standards for conducting the audit of the 
                backlog for DNA case work in sexual assault 
                cases required under subsection (n).
          (2) Technical assistance and training.--The Director 
        shall make available technical assistance and training 
        to support States and units of local government in 
        adopting and implementing the protocols and practices 
        developed under paragraph (1) on and after the date on 
        which the protocols and practices are published.
          (3) Definitions.--In this subsection, the terms 
        ``awaiting testing'' and ``possession'' have the 
        meanings given those terms in subsection (n).

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