I 

111TH CONGRESS 

1ST SESSION H. R. 4114 

To reduce the rape kit backlog, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2009 

Mrs. MALONEY (for herself, Mr. HELLER, Mr. NADLER of New York, Mr. 

KENNEDY, Mrs. CAPPS, Mr. WAXMAN, Ms. SPEIER, Mr. MCGOVERN, Mr. 

ISRAEL, Mr. GRIJALVA, Ms. RICHARDSON, Mr. PERRIELLO, Mr. ENGEL, 

Mr. DELAHUNT, Mr. COSTA, Ms. WATSON, Mr. HALL of New York, Mr. 

STARK, Ms. CHU, Ms. NORTON, Mr. MOORE of Kansas, Mr. HOLT, and 

Mr. SCHIFF) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To reduce the rape kit backlog, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Survivors 

5 of Sexual Assault Act of 2009’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) Rape is a serious problem in the United 

9 States. 


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1 (2) The Department of Justice reports that in 

2 2006, there were an estimated 261,000 rapes and 

sexual assaults, and studies show only 1 3 ⁄3 of rapes 

4 are reported. 

5 (3) The collection and testing of DNA evidence 

6 is a critical tool in solving rape cases. Law enforce7 ment officials using the Combined DNA Index Sys8 tem have matched unknown DNA evidence taken 

9 from crime scenes with known offender DNA pro10 files in the State and National DNA database 2,371 

11 times. 

12 (4) Despite the availability of funding under the 

13 amendments made by the Debbie Smith Act of 2004 

14 (title II of Public Law 108–405; 118 Stat. 2266) 

15 there exists a significant rape kit backlog in the 

16 United States. 

17 (5) A 1999 study commissioned by the National 

18 Institute of Justice estimated that there was an an19 nual backlog of 180,000 rape kits that had not been 

20 analyzed. 

21 (6) No agency regularly collects information re22 garding the scope of the rape kit backlog in the 

23 United States. 

24 (7) Certain States cap reimbursement for rape 

kits at levels that are less than 1 25 ⁄2 the average cost 


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1 of a rape kit in those States. Yet, section 2010 of 

2 title I of the Omnibus Crime Control and Safe 

3 Streets Act of 1968 (42 U.S.C. 3796gg–4) requires 

4 that in order to be eligible for grants under part T 

5 of the Omnibus Crime Control and Safe Streets Act 

6 of 1968 (42 U.S.C. 3796gg et seq.) (commonly 

7 known as ‘‘STOP Grants’’) States shall administer 

8 rape kits to survivors free of charge or provide full 

9 reimbursement. 

10 (8) There is a lack of sexual assault nurse ex11 aminers and health professionals who have received 

12 specialized training specific to sexual assault victims. 

13 SEC. 3. PURPOSE. 

14 The purpose of this Act is to seek appropriate means 

15 to address the problems surrounding forensic evidence col16 lection in cases of sexual assault, including rape kit back17 logs, reimbursement for or free provision of rape kits, and 

18 the availability of trained health professionals to admin19 ister rape kit examinations. 

20 SEC. 4. RAPE KIT BACKLOGS. 

21 (a) ADDITIONAL PROTOCOL REQUIREMENT FOR RE22 CEIVING EDWARD BYRNE GRANTS.—Section 502 of title 

23 I of the Omnibus Crime Control and Safe Streets Act of 

24 1968 (42 U.S.C. 3752) is amended— 


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1 (1) by redesignating paragraph (5) as para2 graph (6); and 

3 (2) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) A certification that the applicant has im6 plemented a policy requiring all rape kits collected 

7 by or on behalf of the applicant to be sent to crime 

8 laboratories for forensic analysis.’’. 

9 (b) ADDITIONAL DEBBIE SMITH GRANT REQUIRE10 MENTS; DEFINITIONS.—Section 2 of the DNA Analysis 

11 Backlog Elimination Act of 2000 (42 U.S.C. 14135) is 

12 amended— 

13 (1) in subsection (a)(2), by striking ‘‘samples 

14 from rape kits, samples from other sexual assault 

15 evidence, and samples taken in cases without an 

16 identified suspect.’’ and inserting ‘‘to eliminate a 

17 rape kit backlog and to ensure that DNA analyses 

18 of samples from rape kits are carried out in a timely 

19 manner.’’; 

20 (2) in subsection (b)— 

21 (A) paragraph (6), by striking ‘‘and’’ at 

22 the end; 

23 (B) in paragraph (7), by striking the pe24 riod at the end and inserting a semicolon; and 

25 (C) by adding at the end the following: 


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1 ‘‘(8) if the State or unit of local government 

2 has a rape kit backlog, include a plan to eliminate 

3 the rape kit backlog that includes performance 

4 measures to assess progress of the State or local 

5 unit of government toward a 50 percent reduction in 

6 the rape kit backlog over a 2-year period; and 

7 ‘‘(9) specify the portion of the amounts made 

8 available under the grant under this section that the 

9 State or unit of local government shall use for the 

10 purpose of DNA analyses of samples from untested 

11 rape kits.’’; 

12 (3) in subsection (f)— 

13 (A) in paragraph (1), by striking ‘‘and’’ at 

14 the end; 

15 (B) by redesignating paragraph (2) as 

16 paragraph (3); and 

17 (C) by inserting after paragraph (1) the 

18 following: 

19 ‘‘(2) the amount of funds from a grant under 

20 this section expended for the purposes of DNA anal21 yses for untested rape kits; and’’; and 

22 (4) by striking subsection (i) and inserting the 

23 following: 

24 ‘‘(i) DEFINITIONS.—In this section: 


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1 ‘‘(1) RAPE KIT.—The term ‘rape kit’ means 

2 DNA evidence relating to— 

3 ‘‘(A) sexual assault (as defined in section 

4 40002(a) of the Violence Against Women Act of 

5 1994 (42 U.S.C. 13925(a))); or 

6 ‘‘(B) conduct described in section 2251, 

7 2251A, or 2252 of chapter 110 of title 18, 

8 United States Code, regardless of whether the 

9 conduct affects interstate commerce. 

10 ‘‘(2) RAPE KIT BACKLOG.—The term ‘rape kit 

11 backlog’ means untested rape kits that are in the 

12 possession or control of— 

13 ‘‘(A) a law enforcement agency; or 

14 ‘‘(B) a public or private crime laboratory. 

15 ‘‘(3) STATE.—The term ‘State’ means a State 

16 of the United States, the District of Columbia, the 

17 Commonwealth of Puerto Rico, the United States 

18 Virgin Islands, American Samoa, Guam, and the 

19 Northern Mariana Islands. 

20 ‘‘(4) UNTESTED RAPE KIT.—The term ‘untest21 ed rape kit’ means a rape kit collected from a victim 

22 that— 

23 ‘‘(A) has not undergone forensic analysis; 

24 and 


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1 ‘‘(B) for a combined total of not less than 

2 60 days, has been in the possession or control 

3 of— 

4 ‘‘(i) a law enforcement agency; or 

5 ‘‘(ii) a public or private crime labora6 tory.’’. 

7 (c) ADJUSTING BYRNE GRANT FUNDS FOR COMPLI8 ANCE AND NONCOMPLIANCE; STATISTICAL REVIEW.— 

9 Section 505 of title I of the Omnibus Crime Control and 

10 Safe Streets Act of 1968 (42 U.S.C. 3755) is amended 

11 by adding at the end the following: 

12 ‘‘(i) ADJUSTING BYRNE GRANT FUNDS FOR COMPLI13 ANCE AND NONCOMPLIANCE.— 

14 ‘‘(1) DEFINITION.—In this subsection the term 

15 ‘date for implementation’ means the last day of the 

16 second fiscal year beginning after the date of enact17 ment of this subsection. 

18 ‘‘(2) ADDITIONAL FUNDS FOR COMPLIANCE.— 

19 ‘‘(A) REDUCTION OF RAPE KIT BACK20 LOG.— 

21 ‘‘(i) 50 PERCENT REDUCTION.—For 

22 any fiscal year beginning after the date of 

23 enactment of this subsection, a State or 

24 unit of local government shall receive an 

25 allocation under this section in an amount 


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1 equal to 110 percent of the otherwise ap2 plicable allocation to the State or unit of 

3 local government if the State or unit of 

4 local government reduced the rape kit 

5 backlog by not less than 50 percent, as 

6 compared to the date of enactment of this 

7 subsection. 

8 ‘‘(ii) 75 PERCENT REDUCTION.—For 

9 any fiscal year beginning after the date of 

10 enactment of this subsection— 

11 ‘‘(I) a State or unit of local gov12 ernment that has received additional 

13 funds under clause (i) in any previous 

14 fiscal year shall receive an allocation 

15 under this section in an amount equal 

16 to 110 percent of the otherwise appli17 cable allocation to the State or unit of 

18 local government if the State or unit 

19 of local government reduced the rape 

20 kit backlog by not less than 75 per21 cent, as compared to the date of en22 actment of this subsection; and 

23 ‘‘(II) a State or unit of local gov24 ernment that has not received addi25 tional funds under clause (i) in any 


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1 previous fiscal year shall receive an al2 location under this section in an 

3 amount equal to 120 percent of the 

4 otherwise applicable allocation to the 

5 State or unit of local government if 

6 the State or unit of local government 

7 reduced the rape kit backlog by not 

8 less than 75 percent, as compared to 

9 the date of enactment of this sub10 section. 

11 ‘‘(iii) 95 PERCENT REDUCTION.—For 

12 any fiscal year beginning after the date of 

13 enactment of this subsection— 

14 ‘‘(I) a State or unit of local gov15 ernment that has received additional 

16 funds under clause (ii) in any previous 

17 fiscal year shall receive an allocation 

18 under this section in an amount equal 

19 to 110 percent of the otherwise appli20 cable allocation to the State or unit of 

21 local government if the State or unit 

22 of local government reduced the rape 

23 kit backlog by not less than 95 per24 cent, as compared to the date of en25 actment of this subsection; 


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1 ‘‘(II) a State or unit of local gov2 ernment that has received additional 

3 funds under clause (i) in any previous 

4 fiscal year, and has not received addi5 tional funds under clause (ii) in any 

6 previous fiscal year, shall receive an 

7 allocation under this section in an 

8 amount equal to 120 percent of the 

9 otherwise applicable allocation to the 

10 State or unit of local government if 

11 the State or unit of local government 

12 reduced the rape kit backlog by not 

13 less than 95 percent, as compared to 

14 the date of enactment of this sub15 section; and 

16 ‘‘(III) a State or unit of local 

17 government that has not received ad18 ditional funds under clause (i) or (ii) 

19 in any previous fiscal year shall re20 ceive an allocation under this section 

21 in an amount equal to 130 percent of 

22 the otherwise applicable allocation to 

23 the State or unit of local government 

24 if the State or unit of local govern25 ment reduced the rape kit backlog by 


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1 not less than 95 percent, as compared 

2 to the date of enactment of this sub3 section. 

4 ‘‘(B) TIMELY PROCESSING.—For the first 

5 fiscal year beginning after the date of enact6 ment of this subsection, and each fiscal year 

7 thereafter, a State or unit of local government 

8 that, during the previous fiscal year, tested 95 

9 percent of all rape kits collected from a victim 

10 during that previous fiscal year not later than 

11 60 days after the date the rape kit was taken 

12 into the possession or control of a law enforce13 ment agency of the State or unit of local gov14 ernment shall receive an allocation under this 

15 section in an amount equal to 105 percent of 

16 the otherwise applicable allocation to the State 

17 or unit of local government. 

18 ‘‘(3) WITHHOLDING OF GRANT FUNDS FOR

19 NONCOMPLIANCE.— 

20 ‘‘(A) FAILURE TO REDUCE RAPE KIT

21 BACKLOG.— 

22 ‘‘(i) YEAR 1.—For the first fiscal year 

23 after the date for implementation, a State 

24 or unit of local government shall receive an 

25 allocation under this section in an amount 


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1 equal to 90 percent of the otherwise appli2 cable allocation to the State or unit of local 

3 government if the State or unit of local 

4 government— 

5 ‘‘(I) has a rape kit backlog; 

6 ‘‘(II) received a grant under this 

7 subpart during each of the 2 previous 

8 fiscal years; and 

9 ‘‘(III) has failed to reduce the 

10 rape kit backlog by not less than 50 

11 percent, as compared to the date of 

12 enactment of this subsection. 

13 ‘‘(ii) YEAR 3.—For the third fiscal 

14 year beginning after the date for imple15 mentation, a State or unit of local govern16 ment shall receive an allocation under this 

17 section in an amount equal to 90 percent 

18 of the otherwise applicable allocation to the 

19 State or unit of local government if the 

20 State or unit of local government— 

21 ‘‘(I) has a rape kit backlog; 

22 ‘‘(II) received a grant under this 

23 subpart during the previous fiscal 

24 year; and 


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1 ‘‘(III) has failed to reduce the 

2 rape kit backlog by not less than 75 

3 percent, as compared to the date of 

4 enactment of this subsection. 

5 ‘‘(iii) YEARS 5, 7, AND 9.—For each of 

6 the fifth, seventh, and ninth fiscal years 

7 beginning after the date for implementa8 tion, a State or unit of local government 

9 shall receive an allocation under this sec10 tion in an amount equal to 90 percent of 

11 the otherwise applicable allocation to the 

12 State or unit of local government if the 

13 State or unit of local government— 

14 ‘‘(I) has a rape kit backlog; 

15 ‘‘(II) received a grant under this 

16 subpart during the previous fiscal 

17 year; and 

18 ‘‘(III) has failed to reduce the 

19 rape kit backlog by not less than 95 

20 percent, as compared to the date of 

21 enactment of this subsection. 

22 ‘‘(B) TIMELY PROCESSING.—For the sec23 ond fiscal year beginning after the date for im24 plementation, and each fiscal year thereafter, a 

25 State or unit of local government that, during 


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1 the previous fiscal year, tested less than 95 per2 cent of the rape kits collected from a victim 

3 during that previous fiscal year not later than 

4 90 days after the date the rape kit was taken 

5 into the possession or control of a law enforce6 ment agency of the State or unit of local gov7 ernment shall receive an allocation under this 

8 section in an amount equal to 95 percent of the 

9 otherwise applicable allocation to the State or 

10 unit of local government. 

11 ‘‘(j) ANNUAL STATISTICAL REVIEW AND REPORT.— 

12 ‘‘(1) IN GENERAL.—The Director of the Na13 tional Institute of Justice of the Department of Jus14 tice (in this subsection referred to as the ‘Director’) 

15 shall conduct an annual comprehensive statistical re16 view of the number of untested rape kits collected by 

17 Federal, State, local, and tribal law enforcement 

18 agencies. 

19 ‘‘(2) REPORT OF DATA TO DIRECTOR.—Each 

20 law enforcement agency of the Federal Government 

21 or of a State or unit of local government receiving 

22 a grant under this subpart (in this section referred 

23 to as ‘covered law enforcement agency’) shall certify 

24 to the Director, at the end of each fiscal year, the 

25 number of untested rape kits in the possession or 


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1 control of the covered law enforcement agency, and 

2 the length of time such kits have been waiting to be 

3 processed by or on behalf of such agency. This re4 port shall be tabulated every January 1 and posted 

5 on the Department of Justice Web site in a format 

6 and manner that the Director shall determine. 

7 ‘‘(3) REPORT TO CONGRESS AND THE

8 STATES.— 

9 ‘‘(A) INITIAL REPORT.—Not later than 2 

10 years after the date of enactment of this sub11 section, and annually thereafter, the Director 

12 shall submit to Congress and the States a re13 port regarding the number of untested rape kits 

14 administered by or on behalf of, or in the pos15 session of, a covered law enforcement agency. 

16 ‘‘(B) SUBSEQUENT ANNUAL REPORTS.— 

17 The Director shall include, in the second report, 

18 under subparagraph (A), and each subsequent 

19 report, the percentage change in the number of 

20 untested rape kits for each covered law enforce21 ment agency, as compared to the previous year. 

22 ‘‘(4) PENALTY.—For fiscal year 2011, and each 

23 fiscal year thereafter, if a State or unit of local gov24 ernment has received a grant under this subpart, 

25 and a covered law enforcement agency of the State 


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1 or local government has failed to report the data re2 quired under paragraph (2), the State or unit of 

3 local government shall receive an allocation under 

4 this section in an amount equal to 95 percent of the 

5 otherwise applicable allocation to the State or unit 

6 of local government. 

7 ‘‘(k) DEFINITIONS.—In this section: 

8 ‘‘(1) RAPE KIT.—The term ‘rape kit’ means 

9 DNA evidence relating to— 

10 ‘‘(A) sexual assault (as defined in section 

11 40002(a) of the Violence Against Women Act of 

12 1994 (42 U.S.C. 13925(a))); or 

13 ‘‘(B) conduct described in section 2251, 

14 2251A, or 2252 of chapter 110 of title 18, 

15 United States Code, regardless of whether the 

16 conduct affects interstate commerce. 

17 ‘‘(2) RAPE KIT BACKLOG.—The term ‘rape kit 

18 backlog’ means untested rape kits that are in the 

19 possession or control of— 

20 ‘‘(A) a law enforcement agency; or 

21 ‘‘(B) a public or private crime laboratory. 

22 ‘‘(3) UNTESTED RAPE KIT.—The term ‘untest23 ed rape kit’ means a rape kit collected from a victim 

24 that— 


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1 ‘‘(A) has not undergone forensic analysis; 

2 and 

3 ‘‘(B) for a combined total not less than 60 

4 days, has been in the possession or control of— 

5 ‘‘(i) a law enforcement agency; or 

6 ‘‘(ii) a public or private crime labora7 tory.’’. 

8 SEC. 5. RAPE KIT BILLING. 

9 (a) COORDINATION WITH REGIONAL HEALTH CARE

10 PROVIDERS.—Section 2010(a)(1) of title I of the Omnibus 

11 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

12 3796gg–4(a)(1)) is amended by striking ‘‘assault.’’ and in13 serting ‘‘assault and coordinates with regional health care 

14 providers to notify victims of sexual assault of the avail15 ability of rape exams at no cost to the victims.’’. 

16 (b) REPEAL OF REIMBURSEMENT OPTION.—Effec17 tive 2 years after the date of enactment of this Act, section 

18 2010(b) of title I of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (42 U.S.C. 3796gg–4(b)) is amend20 ed— 

21 (1) by striking paragraph (3); 

22 (2) in paragraph (1), by inserting ‘‘or’’ after 

23 ‘‘victim;’’; and 

24 (3) in paragraph (2), by striking ‘‘victims; or’’ 

25 and inserting ‘‘victims.’’. 


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1 (c) PROVISION OF RAPE KITS REGARDLESS OF CO2 OPERATION WITH LAW ENFORCEMENT.—Section 2010(d) 

3 of title I of the Omnibus Crime Control and Safe Streets 

4 Act of 1968 (42 U.S.C. 3796gg–4(d)) is amended by strik5 ing ‘‘(d) RULE OF CONSTRUCTION’’ and all that follows 

6 through the end of paragraph (1) and inserting the fol7 lowing: 

8 ‘‘(d) NONCOOPERATION.— 

9 ‘‘(1) IN GENERAL.—A State, Indian tribal gov10 ernment, or unit of local government shall not be in 

11 compliance with this section unless the State, Indian 

12 tribal government, or unit of local government com13 plies with subsection (b) without regard to whether 

14 the victim— 

15 ‘‘(A) participates in the criminal justice 

16 system; or 

17 ‘‘(B) cooperates with law enforcement.’’. 

18 SEC. 6. SEXUAL ASSAULT NURSE EXAMINER TRAINING. 

19 (a) DEFINITION.—Section 40002(a) of the Violence 

20 Against Women Act of 1994 (42 U.S.C. 13925(a)) is 

21 amended— 

22 (1) by redesignating paragraphs (29) through 

23 (37) as paragraphs (30) through (38), respectively; 

24 and 

25 (2) inserting after paragraph (28) the following: 


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1 ‘‘(29) TRAINED EXAMINER.—The term ‘trained 

2 examiner’ means a health care professional who has 

3 received specialized training specific to sexual as4 sault victims, including training regarding gathering 

5 forensic evidence and medical needs.’’. 

6 (b) ADDITIONAL PERSONNEL.—Section 2101(b) of 

7 title I of the Omnibus Crime Control and Safe Streets Act 

8 of 1968 (42 U.S.C. 3796hh(b)) is amended by adding at 

9 the end the following: 

10 ‘‘(14) To provide for sexual assault forensic 

11 medical personnel examiners to collect and preserve 

12 evidence, provide expert testimony, and provide 

13 treatment of trauma relating to sexual assault.’’. 

14 SEC. 7. SEXUAL ASSAULT NURSE AVAILABILITY AT INDIAN 

15 HEALTH SERVICES STUDY. 

16 (a) STUDY.—The Comptroller General of the United 

17 States shall conduct a study of the availability of sexual 

18 assault nurse examiners and trained examiners (as defined 

19 in section 40002(a) of the Violence Against Women Act 

20 of 1994 (42 U.S.C. 13925(a)), as amended by this Act), 

21 at all Indian Health Service facilities operated pursuant 

22 to contracts under the Indian Self-Determination and 

23 Education Assistance Act (25 U.S.C. 450 et seq.). 

24 (b) REPORT AND RECOMMENDATIONS.—Not later 

25 than 1 year after the date of enactment of this Act, the 


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1 Comptroller General of the United States shall submit to 

2 the Committee on the Judiciary and to the Committee on 

3 Indian Affairs of the Senate and to the Committee on the 

4 Judiciary and the Committee on Natural Resources of the 

5 House of Representatives a report containing the findings 

6 of the study conducted under subsection (a), and rec7 ommendations for improving the availability of sexual as8 sault nurse examiners and trained examiners (as defined 

9 in section 40002(a) of the Violence Against Women Act 

10 of 1994 (42 U.S.C. 13925(a)), as amended by this Act). 

Æ 


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