,,ii  #aacth ,,congress  #ast ,session  
,s4 #hj  ,,in ,,the ,,senate ,,of ,,the 
,,united ,,states  ,january #bc         
7legislative day1 ,january #c71 #bjac   
,mr4 ,cornyn 7for himself1 ,mr4 ,bennet1
 ,ms4 ,klobuchar1 ,mr4 ,burr1 and ,mr4  
,kirk7 introduced the following bill2   
which was read twice and referred to the
 ,committee on the ,judiciary  ,a ,,bill
  ,to amend the ,,dna ,analysis ,backlog
 ,elimination ,act of #bjjj to provide  
for ,debbie ,smith grants for auditing  
sexual assault evidence backlogs and to 
establish a ,sexual ,assault ,forensic  
,evidence ,reporting ,system1 and for   
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,sexual        
,assault ,forensic ,evidence ,reporting 
,act of #bjac or the ,,safer ,act of    
#bjac4  #b4 ,debbie ,smith grants for   
auditing sexual assault evidence        
backlogs ,section #b of the ,,dna       
,analysis ,backlog ,elimination ,act of 
#bjjj 7#db ,u4,s4,c4 #adace7 is         
amended--  7#a7 in subsection 7a71 by   

adding at the end the following new     
paragraphs3  7#g7 ,to conduct an audit  
consistent with subsection 7n7 of the   
samples of sexual assault evidence that 
are in the possession of the ,state or  
unit of local government and are        
awaiting testing4  7#h7 ,to ensure that 
the collection and processing of ,,dna  
evidence by law enforcement agencies    
from crimes1 including sexual assault   
and other violent crimes against        
persons1 is carried out in an           
appropriate and timely manner and in    
accordance with the protocols and       
practices developed under subsection    
7o77#a74  2  7#b7 in subsection 7c71 by 
adding at the end the following new     
paragraph3  7#d7 ,allocation of grant   
awards for audits ,for each of fiscal   
years #bjad through #bjag1 not less than
 #e percent1 but not more than #g       
percent1 of the grant amounts           
distributed under paragraph 7#a7 shall1 
if sufficient applications to justify   
such amounts are received by the        

,attorney ,general1 be awarded for      
purposes described in subsection        
7a77#g71 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 7#c74  
2 and  7#c7 by adding at the end the    
following new subsections3  7n7 ,use of 
,funds for ,auditing ,sexual ,assault   
,evidence ,backlogs  7#a7 ,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 7a77#g7 only if
 the ,state or unit of local            
government--  7,a7 submits a plan for   
performing the audit of samples         
described in such subsection2 and  7,b7 
includes in such plan a good-faith      
estimate of the number of such samples4 
7#b7 ,grant conditions ,a ,state or unit
 of local government receiving a grant  
for the purpose described in subsection 

7a77#g7--  7,a7 may not enter into any  
contract or agreement with any          
non-governmental vendor laboratory to   
conduct an audit described in subsection
 7a77#g72 and  7,b7 shall--  7i7 not    
later than #a year after receiving the  
grant1 complete the audit referred to in
 paragraph 7#a77;,a7 in accordance with 
the plan submitted under such paragraph2
  7ii7 not later than #fj 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  
7#a77;,a71 subject to paragraph         
7#d77;,f71 include in any required      
reports under clause 7v71 the           
information listed under paragraph      
7#d77;,b72  7iii7 for each sample of    
sexual assault evidence that is         
identified as awaiting testing as part  
of the audit referred to in paragraph   
7#a77;,a7--  7,i7 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 testing2 and  7,,ii7 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 relates2  7iv7 provide 
that--  7,i7 the chief law enforcement  
officer of the ,state or unit of local  
government1 respectively1 is the        
individual responsible for the          
compliance of the ,state or unit of     
local government1 respectively1 with the
 reporting requirements described in    
clause 7v72 or  7,,ii7 the designee of  
such officer may fulfill the            
responsibility described in subclause   
7,i7 so long as such designee is an     
employee of the ,state or unit of local 
government1 respectively1 and is not an 
employee of any governmental laboratory 
or non-governmental vendor laboratory2  

and  7v7 comply with all grantee        
reporting requirements described in     
paragraph 7#d74  7#c7 ,extension of     
initial deadline ,the ,attorney ,general
 may grant an extension of the deadline 
under paragraph 7#b77;,b77i7 to a ,state
 or unit of local government that       
demonstrates that more time is required 
for compliance with such paragraph4     
7#d7 ,sexual assault forensic evidence  
reports  7,a7 ,in general ,for not less 
than #ab months after the completion of 
an initial count of sexual assault      
evidence that is awaiting testing during
 an audit referred to in paragraph      
7#a77;,a71 a ,state or unit of local    
government that receives a grant award  
under subsection 7a77#g7 shall1 not less
 than every #fj days1 submit a report to
 the ,department of ,justice1 on a form 
prescribed by the ,attorney ,general1   
which shall contain the information     
required under subparagraph 7,b74  7,b7 
,contents of reports ,a report under    
this paragraph shall contain the        

following information--  7i7 the name of
 the ,state or unit of local government 
filing the report2  7ii7 the period of  
dates covered by the report2  7iii7 the 
cumulative total number of samples of   
sexual assault evidence that1 at the end
 of the reporting period--  7,i7 are in 
the possession of the ,state or unit of 
local government at the reporting       
period2  7,,ii7 are awaiting testing2   
and  7,,iii7 the ,state or unit of local
 government has determined should       
undergo ,,dna or other appropriate      
forensic analyses2  7iv7 the cumulative 
total number of samples of sexual       
assault evidence in the possession of   
the ,state or unit of local government  
that1 at the end of the reporting       
period1 the ,state or unit of local     
government has determined should not    
undergo ,,dna or other appropriate      
forensic analyses1 provided that the    
reporting form shall allow for the      
,state or unit of local government1 at  
its sole discretion1 to explain the     

reasoning for this determination in some
 or all cases2  7v7 the cumulative total
 number of samples of sexual assault    
evidence in a total under clause 7iii7  
that have been submitted to a laboratory
 for ,,dna or other appropriate forensic
 analyses2  7vi7 the cumulative total   
number of samples of sexual assault     
evidence identified by an audit referred
 to in paragraph 7#a77;,a7 or under     
paragraph 7#b77;,b77ii7 for which ,,dna 
or other appropriate forensic analysis  
has been completed at the end of the    
reporting period2  7vii7 the total      
number of samples of sexual assault     
evidence identified by the ,state or    
unit of local government under paragraph
 7#b77;,b77ii71 since the previous      
reporting period2 and  7viii7 the       
cumulative total number of samples of   
sexual assault evidence described under 
clause 7iii7 for which the ,state or    
unit of local government will be barred 
within #ab months by any applicable     
statute of limitations from prosecuting 

a perpetrator of the sexual assault to  
which the sample relates4  7,c7         
,publication of reports ,not later than 
#g days after the submission of a report
 under this paragraph by a ,state or    
unit of local government1 the ,attorney 
,general shall1 subject to subparagraph 
7,d71 publish and disseminate a         
facsimile of the full contents of such  
report on an appropriate internet       
website4  7,d7 ,personally identifiable 
information ,the ,attorney ,general     
shall ensure that any information       
published and disseminated as part of a 
report under this paragraph1 which      
reports information under this          
subsection1 does not include personally 
identifiable information or details     
about a sexual assault that might lead  
to the identification of the individuals
 involved4  7,e7 ,optional reporting    
,the ,attorney ,general shall--  7i7 at 
the discretion of a ,state or unit of   
local government required to file a     
report under subparagraph 7,a71 allow   

such ,state or unit of local government1
 at their sole discretion1 to submit    
such reports on a more frequent basis2  
and  7ii7 make available to all ,states 
and units of local government the       
reporting form created pursuant to      
subparagraph 7,a71 whether or not they  
are required to submit such reports1 and
 allow such ,states or units of local   
government1 at their sole discretion1 to
 submit such reports for publication4   
7,f7 ,samples exempt from reporting     
requirement ,the reporting requirements 
described in paragraph 7#b7 shall not   
apply to a sample of sexual assault     
evidence that--  7i7 is not considered  
criminal evidence 7such as a sample     
collected anonymously from a victim who 
is unwilling to make a criminal         
complaint72 or  7ii7 relates to a sexual
 assault for which the prosecution of   
each perpetrator is barred by a statute 
of limitations4  7#e7 ,definitions ,in  
this subsection3  7,a7 ,awaiting testing
 ,the term awaiting testing means1 with 

respect to a sample of sexual assault   
evidence1 that--  7i7 the sample has    
been collected and is in the possession 
of a ,state or unit of local government2
  7ii7 ,,dna and other appropriate      
forensic analyses have not been         
performed on such sample2 and  7iii7 the
 sample is related to a criminal case or
 investigation in which final           
disposition has not yet been reached4   
7,b7 ,final disposition ,the term final 
disposition means1 with respect to a    
criminal case or investigation to which 
a sample of sexual assault evidence     
relates--  7i7 the conviction or        
acquittal of all suspected perpetrators 
of the crime involved2  7ii7 a          
determination by the ,state or unit of  
local government in possession of the   
sample that the case is unfounded2 or   
7iii7 a declaration by the victim of the
 crime involved that the act            
constituting the basis of the crime was 
not committed4  7,c7 ,possession  7i7   
,in general ,the term possession1 used  

with respect to possession of a sample  
of sexual assault evidence by a ,state  
or unit of local government1 includes   
possession by an individual who is      
acting as an agent of the ,state or unit
 of local government for the collection 
of the sample4  7ii7 ,rule of           
construction ,nothing in clause 7i7     
shall be construed to create or amend   
any ,federal rights or privileges for   
non-governmental vendor laboratories    
described in regulations promulgated    
under section #bajcjc of the ,,dna      
,identification ,act of #aiid 7#db      
,u4,s4,c4 #adaca74  7o7 ,establishment  
of protocols1 technical assistance1 and 
definitions  7#a7 ,protocols and        
practices ,not later than #ah months    
after the date of enactment of the      
,,safer ,act of #bjac1 the ,director1 in
 consultation with ,federal1 ,state1 and
 local law enforcement agencies and     
government laboratories1 shall develop  
and publish a description of protocols  
and practices the ,director considers   

appropriate for the accurate1 timely1   
and effective collection and processing 
of ,,dna evidence1 including protocols  
and practices specific to sexual assault
 cases1 which shall address appropriate 
steps in the investigation of cases that
 might involve ,,dna evidence1          
including--  7,a7 how to determine--    
7i7 which evidence is to be collected by
 law enforcement personnel and forwarded
 for testing2  7ii7 the preferred order 
in which evidence from the same case is 
to be tested2 and  7iii7 what           
information to take into account when   
establishing the order in which evidence
 from different cases is to be tested2  
7,b7 the establishment of a reasonable  
period of time in which evidence is to  
be forwarded by emergency response      
providers1 law enforcement personnel1   
and prosecutors to a laboratory for     
testing2  7,c7 the establishment of     
reasonable periods of time in which each
 stage of analytical laboratory testing 
is to be completed2  7,d7 systems to    

encourage communication within a ,state 
or unit of local government among       
emergency response providers1 law       
enforcement personnel1 prosecutors1     
courts1 defense counsel1 crime          
laboratory personnel1 and crime victims 
regarding the status of crime scene     
evidence to be tested2 and  7,e7        
standards for conducting the audit of   
the backlog for ,,dna case work in      
sexual assault cases required under     
subsection 7n74  7#b7 ,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
 7#a7 on and after the date on which the
 protocols and practices are published4 
7#c7 ,definitions ,in this subsection1  
the terms awaiting testing and          
possession have the meanings given those
 terms in subsection 7n74  4  #c4       
,reports to congress ,not later than #ij

 days after the end of each fiscal year 
for which a grant is made for the       
purpose described in section #b7;a77#g7 
of the ,,dna ,analysis ,backlog         
,elimination ,act of #bjjj1 as amended  
by section #b1 the ,attorney ,general   
shall submit to ,congress a report      
that--  7#a7 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 government2  7#b7      
states the number of extensions granted 
by the ,attorney ,general under section 
#b7n77#c7 of the ,,dna ,analysis        
,backlog ,elimination ,act of #bjjj1 as 
added by section #b2 and  7#c7          
summarizes the processing status of the 
samples of sexual assault evidence      
identified in ,sexual ,assault ,forensic
 ,evidence ,reports established under   
section #b7n77#d7 of the ,,dna ,analysis
 ,backlog ,elimination ,act of #bjjj1   
including the number of samples that    
have not been tested4  #d4 ,reducing the

 rape kit backlog ,section #b7;c77#c7 of
 the ,,dna ,analysis ,backlog           
,elimination ,act of #bjjj 7#db         
,u4,s4,c4 #adace7;c77#c77 is amended--  
7a7 in subparagraph 7,b71 by striking   
#bjad and inserting #bjah2 and  7b7 by  
adding at the end the following3  7,c7  
,for each of fiscal years #bjad through 
#bjah1 not less than #ge percent of the 
total grant amounts shall be awarded for
 a combination of purposes under        
paragraphs 7#a71 7#b71 and 7#c7 of      
subsection 7a74  4  #e4 ,oversight and  
accountability ,all grants awarded by   
the ,department of ,justice that are    
authorized under the ,,safer ,act of    
#bjac shall be subject to the following3
  7#a7 ,audit requirement ,beginning in 
fiscal year #bjac1 and each fiscal year 
thereafter1 the ,inspector ,general of  
the ,department of ,justice shall       
conduct audits of recipients of grants  
under this ,act to prevent waste1 fraud1
 and abuse of funds by grantees4 ,the   
,inspector ,general shall determine the 

appropriate number of grantees to be    
audited each year4  7#b7 ,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 #b fiscal years    
beginning after the #ab-month period    
described in paragraph 7#e74  7#c7      
,priority ,in awarding grants under this
 ,act1 the ,attorney ,general shall give
 priority to eligible entities that1    
during the #c fiscal years before       
submitting an application for a grant   
under this ,act1 did not have an        
unresolved audit finding showing a      
violation in the terms or conditions of 
a ,department of ,justice grant program4
  7#d7 ,reimbursement ,if an entity is  
awarded grant funds under this ,act     
during the #b-;fiscal-year period in    
which the entity is barred from         
receiving grants under paragraph 7#b71  
the ,attorney ,general shall--  7,a7    
deposit an amount equal to the grant    

funds that were improperly awarded to   
the grantee into the ,general ,fund of  
the ,treasury2 and  7,b7 seek to recoup 
the costs of the repayment to the fund  
from the grant recipient that was       
erroneously awarded grant funds4  7#e7  
,defined term ,in this section1 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 #ab-month period      
beginning on the date when the final    
audit report is issued4  7#f7 ,nonprofit
 organization requirements  7,a7        
,definition ,for purposes of this       
section and the grant programs described
 in this ,act1 the term nonprofit       
organization means an organization that 
is described in section #eja7;c77#c7 of 
the ,internal ,revenue ,code of #aihf   
and is exempt from taxation under       

section #eja7;a7 of such ,code4  7,b7   
,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 #eaa7;a7 of the ,internal       
,revenue ,code of #aihf4  7,c7          
,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 officers1 directors1 trustees and   
key employees1 shall disclose to the    
,attorney ,general1 in the application  
for the grant1 the process for          
determining such compensation1 including
 the independent persons involved in    
reviewing and approving such            
compensation1 the comparability data    
used1 and contemporaneous substantiation
 of the deliberation and decision4 ,upon

 request1 the ,attorney ,general shall  
make the information disclosed under    
this subsection available for public    
inspection4  7#g7 ,administrative       
expenses ,unless otherwise explicitly   
provided in authorizing legislation1 not
 more than #g4e 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         
,justice4  7#h7 ,conference expenditures
  7,a7 ,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 ,act1  
to host or support any expenditure for  
conferences that uses more than #bj1jjj 
in ,department funds1 unless the ,deputy
 ,attorney ,general or the appropriate  
,assistant ,attorney ,general1          
,director1 or principal deputy as the   

,deputy ,attorney ,general may          
designate1 provides prior written       
authorization that the funds may be     
expended to host a conference4  7,b7    
,written approval ,written approval     
under subparagraph 7,a7 shall include a 
written estimate of all costs associated
 with the conference1 including the cost
 of all food and beverages1             
audio_/visual equipment1 honoraria for  
speakers1 and any entertainment4  7,c7  
,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 paragraph4  7#i7 ,prohibition on   
lobbying activity  7,a7 ,in general     
,amounts authorized to be appropriated  
under this ,act may not be utilized by  
any grant recipient to--  7i7 lobby any 
representative of the ,department of    
,justice regarding the award of grant   

funding2 or  7ii7 lobby any             
representative of a ,federal1 ,state1   
local1 or tribal government regarding   
the award of grant funding4  7,b7       
,penalty ,if the ,attorney ,general     
determines that any recipient of a grant
 under this ,act has violated           
subparagraph 7,a71 the ,attorney        
,general shall--  7i7 require the grant 
recipient to repay the grant in full2   
and  7ii7 prohibit the grant recipient  
from receiving another grant under this 
,act for not less than #e years4  #f4   
,sunset ,effective on ,december #ca1    
#bjah1 subsections 7a77#g7 and 7n7 of   
section #b of the ,,dna ,analysis       
,backlog ,elimination ,act of #bjjj 7#db
 ,u4,s4,c4 #adace7;a77#g7 and 7n77 are  
repealed4