[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 354 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 354
To amend the DNA Analysis Backlog Elimination Act of 2000 to provide
for Debbie Smith grants for auditing sexual assault evidence backlogs
and to establish a Sexual Assault Forensic Evidence Reporting System,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 23, 2013
Mr. Poe of Texas (for himself and Mrs. Carolyn B. Maloney of New York)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To amend the DNA Analysis Backlog Elimination Act of 2000 to provide
for Debbie Smith grants for auditing sexual assault evidence backlogs
and to establish a Sexual Assault Forensic Evidence Reporting System,
and for other purposes.
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 ``Sexual Assault Forensic Evidence
Reporting Act of 2013'' or the ``SAFER Act of 2013''.
SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraphs:
``(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, including
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).'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2014 through 2017, 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).''; and
(3) by adding at the end the following new subsections:
``(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; and
``(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).''.
SEC. 3. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(7) of the DNA
Analysis Backlog Elimination Act of 2000, as amended by section 2, the
Attorney General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 2; and
(3) summarizes the processing status of the samples of
sexual assault evidence identified in Sexual Assault Forensic
Evidence Reports established under section 2(n)(4) of the DNA
Analysis Backlog Elimination Act of 2000, including the number
of samples that have not been tested.
SEC. 4. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)) is amended--
(a) in subparagraph (B), by striking ``2014'' and inserting
``2018''; and
(b) by adding at the end the following:
``(C) For each of fiscal years 2014 through 2018,
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).''.
SEC. 5. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are authorized
under the SAFER Act of 2013 shall be subject to the following:
(1) Audit requirement.--Beginning in fiscal year 2013, and
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(2) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the 2 fiscal years beginning after the 12-month period
described in paragraph (5).
(3) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities that,
during the 3 fiscal years before submitting an application for
a grant under this Act, did not have an unresolved audit
finding showing a violation in the terms or conditions of a
Department of Justice grant program.
(4) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2), the
Attorney General shall--
(A) deposit an amount equal to the grant funds that
were improperly awarded to the grantee into the General
Fund of the Treasury; and
(B) seek to recoup the costs of the repayment to
the fund from the grant recipient that was erroneously
awarded grant funds.
(5) Defined term.--In this section, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost that is
not closed or resolved within a 12-month period beginning on
the date when the final audit report is issued.
(6) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and
the grant programs described in this Act, the term
``nonprofit organization'' means an organization that
is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of such Code.
(B) Prohibition.--The Attorney General shall not
award a grant under any grant program described in this
Act to a nonprofit organization that holds money in
offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal
Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that
is awarded a grant under a grant program described in
this Act and uses the procedures prescribed in
regulations to create a rebuttable presumption of
reasonableness for the compensation of its officers,
directors, trustees and key employees, shall disclose
to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing
and approving such compensation, the comparability data
used, and contemporaneous substantiation of the
deliberation and decision. Upon request, the Attorney
General shall make the information disclosed under this
subsection available for public inspection.
(7) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5 percent
of the amounts authorized to be appropriated under this Act may
be used by the Attorney General for salaries and administrative
expenses of the Department of Justice.
(8) Conference expenditures.--
(A) Limitation.--No amounts authorized to be
appropriated to the Department of Justice under this
Act may be used by the Attorney General or by any
individual or organization awarded discretionary funds
through a cooperative agreement under this Act, to host
or support any expenditure for conferences that uses
more than $20,000 in Department funds, unless the
Deputy Attorney General or the appropriate Assistant
Attorney General, Director, or principal deputy as the
Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to
host a conference.
(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food and beverages, audio/visual equipment,
honoraria for speakers, and any entertainment.
(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved by operation of this
paragraph.
(9) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be
appropriated under this Act may not be utilized by any
grant recipient to--
(i) lobby any representative of the
Department of Justice regarding the award of
grant funding; or
(ii) lobby any representative of a Federal,
State, local, or tribal government regarding
the award of grant funding.
(B) Penalty.--If the Attorney General determines
that any recipient of a grant under this Act has
violated subparagraph (A), the Attorney General shall--
(i) require the grant recipient to repay
the grant in full; and
(ii) prohibit the grant recipient from
receiving another grant under this Act for not
less than 5 years.
SEC. 6. SUNSET.
Effective on December 31, 2018, subsections (a)(7) and (n) of
section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135(a)(7) and (n)) are repealed.
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