H.R. 5721 — Reported in House

IB Union Calendar No. 206 118th CONGRESS 1st Session H. R. 5721 [Report No. 118–256] IN THE HOUSE OF REPRESENTATIVES September 26, 2023Ms. 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, 2023Additional sponsors: Mr. Hunt, Mr. Timmons, Ms. Houlahan, Mrs. González-Colón, 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, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedStrike out all after the enacting clause and insert the part printed in italicFor 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. 1. Short title This Act may be cited as the Rape Kit Backlog Progress Act of 2023. 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. 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. . 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: 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. . October 26, 2023Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed