[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5721 Reported in House (RH)]
<DOC>
Union Calendar No. 206
118th CONGRESS
1st Session
H. R. 5721
[Report No. 118-256]
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
require certain reporting on sexual assault kit testing.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 26, 2023
Ms. Mace (for herself, Ms. Lee of California, Mrs. Chavez-DeRemer, Ms.
Adams, Ms. Brownley, Ms. Eshoo, Ms. Salinas, Mrs. McBath, Ms. Balint,
Mr. Van Drew, Ms. Escobar, Ms. Kelly of Illinois, Ms. Lee of Florida,
Mr. Donalds, Mr. Fitzpatrick, Mr. Moylan, Mrs. Lesko, Ms. Lee of
Nevada, Mr. Jackson of North Carolina, Mr. Smith of New Jersey, Ms.
Tlaib, Ms. Kamlager-Dove, Ms. Pressley, Mr. Zinke, Ms. Van Duyne, and
Ms. Ross) introduced the following bill; which was referred to the
Committee on the Judiciary
October 26, 2023
Additional sponsors: Mr. Hunt, Mr. Timmons, Ms. Houlahan, Mrs.
Gonzalez-Colon, Mr. Sablan, Mrs. Foushee, Ms. Scanlon, Mr. Bilirakis,
Ms. Crockett, Ms. Titus, Mr. Crenshaw, Ms. Salazar, Mrs. Trahan, Mr.
Santos, and Mr. Kean of New Jersey
October 26, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 26, 2023]
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
require certain reporting on sexual assault kit testing.
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 ``Rape Kit Backlog Progress Act of
2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) A sexual assault kit includes a sexual assault forensic
exam, meaning an examination provided to a sexual assault
patient by a health care provider who has specialized education
and clinical experience in the collection of forensic evidence
and treatment of these patients, which includes--
(A) gathering information from the patient for the
medical forensic history;
(B) an examination;
(C) coordinating treatment of injuries,
documentation of biological and physical findings, and
collection of evidence from the patient;
(D) documentation of findings;
(E) providing information, treatment, and referrals
for sexually transmitted infections, pregnancy,
suicidal ideation, alcohol and substance abuse, and
other non-acute medical concerns; and
(F) providing follow-up as needed to provide
additional healing, treatment, or collection of
evidence.
(2) A sexual assault kit is an important forensic tool used
by law enforcement and prosecutors to investigate and prosecute
sexual assault and other crimes.
(3) It is estimated that there are currently well over
100,000 untested sexual assault kits in America, but the exact
number is not known.
(4) Untested sexual assault kits means that there are
sexual assaults unprosecuted, sexual assaults occurring that
could have been prevented, and a delay in uploading DNA to
Combined DNA Index System (commonly known as ``CODIS'') that
can assist law enforcement in solving other violent crimes.
SEC. 3. REPORT TO ATTORNEY GENERAL REQUIRED ON SEXUAL ASSAULT KIT
TESTING.
Section 502 of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. 10153) is amended--
(1) in subsection (a), by adding at the end the following:
``(7) A report indicating whether--
``(A) the State or unit of local government has
conducted a comprehensive sexual assault kit inventory,
commonly known as a `backlog inventory', to identify
the physical location, untested or tested status (or
full sexual assault kit status, if available), and any
individual test kit identification or tracking
information of each sexual assault kit in the
possession of such State or unit of local government,
or that has been otherwise transmitted by a State or
unit of local government to a third-party, such as for
testing, storing, processing, or handling;
``(B) with respect to each sexual assault kit that
the victim has consented to have collected, the State
or unit of local government has submitted each such
sexual assault kit to a laboratory for DNA analysis;
``(C) results of any such DNA analysis were
uploaded to the Combined DNA Index System;
``(D) the State or unit of local government has
established an electronic tracking system for a victim
to identify the physical location of their sexual
assault kit and the results of any DNA analysis that
was performed;
``(E) the State or unit of local government has
established a victim notification protocol for
informing a victim of the status of their sexual
assault kit, including where their sexual assault kit
was analyzed;
``(F) the State or unit of local government has in
place a comprehensive sexual assault kit inventory
system to identify sexual assault kit status, physical
location, and any test kit identification or tracking
information of each sexual assault kit in the
possession of such State or unit of local government,
or otherwise transmitted by a State or unit of local
government to a third-party, such as for testing,
storing, processing, or handling; and
``(G) the information in any comprehensive sexual
assault kit inventory system described in subparagraph
(F) is updated, and how and when it is updated.''; and
(2) by adding at the end the following:
``(c) Determination by Attorney General.-- Between the receipt of a
grant application and deciding on such application, the Attorney
General shall determine--
``(1) if the State or unit of local government has
completed the conduct described under subsection (a)(7); and
``(2) if such conduct has not been completed, the reason
that it has not been completed.
``(d) Eligibility.--A State or unit or local government shall only
be eligible for a grant under this subpart if the Attorney General
determines such State or unit of local government has completed the
conduct described under subsection (a)(7).
``(e) Requirement for Grant Recipients.--A State or unit of local
government that has been awarded a grant under this subpart as of the
date of the enactment of the `Rape Kit Backlog Progress Act of 2023'
shall have one calendar year from such date of enactment to complete
the conduct described in subsection (a)(7) or such State or unit of
local government shall become ineligible for a grant under this
subpart.
``(g) Definitions.--In this section:
``(1) Sexual assault kit.--The term `sexual assault kit'
means evidence gathered by a medical professional from a victim
following a sexual assault, which evidence may--
``(A) include swabs, test tubes, microscopic
slides, and evidence collection envelopes, for hairs
and fibers; and
``(B) vary in accordance with the circumstances of
the sexual assault and with any applicable rules or
procedures of the jurisdiction.
``(2) Sexual assault kit status.--The term `sexual assault
kit status' means whether an individual sexual assault kit is--
``(A) collected and untested;
``(B) collected and tested;
``(C) lost or missing, expired or spoiled; or
``(D) tested and results reported to the victim,
proper authorities, and the Combined DNA Index
System.''.
SEC. 4. ATTORNEY GENERAL PUBLIC REPORT ON RAPE KIT BACKLOGS.
Subpart 1 of part E of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended by adding
at the end the following:
``SEC. 510. ATTORNEY GENERAL PUBLIC REPORT ON RAPE KIT BACKLOGS.
``(a) In General.--Beginning not later than two years after the
date of the enactment of the `Rape Kit Backlog Progress Act of 2023',
and annually thereafter, the Attorney General shall make publicly
available on the internet website of the Department of Justice a
report, including--
``(1) each report on the conduct described under section
502(a)(7) received from an applicant for a grant under this
subpart;
``(2) an aggregate analysis of the reports described under
paragraph (1);
``(3) if an applicant for a grant under this subpart has
been awarded a grant; and
``(4) if an applicant for a grant under this subpart
completed the conduct described under section 502(a)(7) and if
it has not completed the conduct described under such
subsection, the reason that the conduct has not been completed.
``(b) Prohibition on Personally Identifiable Information.--Any
information published by the Attorney General pursuant to this section
may not contain the personally identifiable information of a victim and
if such information was erroneously published, it shall be removed from
the website of the Department of Justice immediately upon discovery.''.
Union Calendar No. 206
118th CONGRESS
1st Session
H. R. 5721
[Report No. 118-256]
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
require certain reporting on sexual assault kit testing.
_______________________________________________________________________
October 26, 2023
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed