I 
111TH CONGRESS 
2D SESSION 
H. R. 5640 
To establish a National Rape Kit Database. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2010 
Mr. WEINER introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To establish a National Rape Kit Database. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Rape Kit 
Database Act’’. 
SEC. 2. NATIONAL RAPE KIT DATABASE. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Attorney General 
shall establish a public database on information on rape 
kits collected by Federal, State, and local law enforcement 
agencies. 
(b) PARTICIPATION AND REQUIRED INFORMATION.— 
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(1) PARTICIPATION.— 
(A) IN GENERAL.—Each database-partici-
pating entity shall, in accordance with the re-
quirements described in subsection (c), include 
in the database under subsection (a) all applica-
ble information described in paragraph (2) on 
rape kits collected or tested by such entity. 
(B) DATABASE-PARTICIPATING ENTITY DE-
FINED.—For purposes of this section, the term 
‘‘database-participating entity’’ means— 
(i) a Federal law enforcement agency; 
and 
(ii) for purposes of establishing com-
pliance under subsection (d)— 
(I) a State law enforcement 
agency; 
(II) a local law enforcement 
agency; and 
(III) a State or local laboratory 
owned by a State or unit of local gov-
ernment. 
(2) REQUIRED INFORMATION.—Information de-
scribed in this paragraph, with respect to a rape kit, 
includes— 
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(A) in the case of a database-participating 
entity that is a law enforcement entity— 
(i) the date of the action constituting 
the basis for the collection of the rape kit; 
(ii) the city (or other appropriate geo-
graphic location) where such action oc-
curred; 
(iii) the date of the entry into the 
database; 
(iv) the date evidence contained in the 
rape kit was collected; 
(v) the entity (including a law enforce-
ment agency, laboratory, or other entity) 
that has possession of the rape kit; 
(vi) the processing status of the rape 
kit; and 
(vii) in the case of a backlogged case, 
whether the statute of limitations has ex-
pired; and 
(B) with respect to a database-partici-
pating entity that is a laboratory, updates on 
the processing status of the rape kit. 
(c) REQUIRED TERMS FOR INCLUSION OF INFORMA-
TION.—The requirements described in this paragraph, 
with respect to information included in the database under 
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subsection (a) by a database-participating entity, are the 
following: 
(1) LIMITATION ON SCOPE OF INFORMATION.— 
No personally identifiable information (such as the 
name of the victim involved and the address and 
other contact information of such victim) shall be in-
cluded in the database. 
(2) UNIQUE ID NUMBER AND TIMING FOR IN-
CLUSION OF INFORMATION.— 
(A) IN GENERAL.—Subject to paragraph 
(3) and subparagraph (B)— 
(i) not later than 72 hours after the 
time at which a rape kit is first processed 
as evidence— 
(I) a unique identification num-
ber shall be assigned to such rape kit; 
and 
(II) the database-participating 
entity in possession of the rape kit 
shall include in the database informa-
tion on such rape kit described in sub-
section (b)(2) in a manner that identi-
fies such information by such identi-
fication number; and 
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(ii) not later than 72 hours after test-
ing the rape kit, the database-participating 
entity conducting such testing shall update 
within the database the processing status 
of such rape kit. 
Any information related to such rape kit that is 
included in such database shall be identifiable 
within such database by such unique identifica-
tion number. 
(B) RAPE KITS COLLECTED BEFORE ES-
TABLISHMENT OF DATABASE.—Subject to para-
graph (3), in the case of a rape kit collected be-
fore the date of establishment of the database, 
a database-participating entity shall not be re-
quired to include in such database information 
on (or have a unique identification number as-
signed with respect to) such rape kit before 
such date that is 1 year after the date of the 
enactment of this Act. 
(3) RAPE KITS NOT INCLUDED (OR TO FOLLOW 
A DELAYED INCLUSION) IN REGISTRY.—With respect 
to a rape kit collected or tested by a database-par-
ticipating entity, the following shall apply: 
(A) In the case that the rape kit relates to 
a case that the entity determines to be un-
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founded, or to a case in which the victim with-
draws the victim’s report— 
(i) if such determination or with-
drawal occurs— 
(I) before the 72-hour deadline 
described in paragraph (2)(A)(i) (or 
has not otherwise been included in the 
database), information on such rape 
kit shall not be included in the data-
base; or 
(II) after information on such 
rape kit has been entered into the 
database, such information shall be 
identified as inactive; and 
(ii) the entity shall include within the 
database the total number of such rape 
kits that were not so included in the data-
base and identified as inactive. 
(B) In the case that the rape kit is col-
lected from a victim who has not made to the 
law enforcement agency involved a police report 
on the action constituting the basis for the col-
lection of the rape kit, the law enforcement 
agency shall not include information on such 
rape kit in the database until the date on which 
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the victim makes such a report or, if sooner and 
allowed under applicable State law, until the 
date on which the agency commences an inves-
tigation related to such rape kit without such a 
victim report. 
(4) METHOD
OF
INCLUSION
OF
INFORMA-
TION.—The database-participating entity shall in-
clude information in the database through a secure 
Internet Web site. 
(d) COMPLIANCE.— 
(1) FUNDING
UNDER
DEBBIE
SMITH
AND 
BYRNE GRANT PROGRAMS CONTINGENT ON COMPLI-
ANCE.—For any fiscal year beginning after the date 
of the establishment of the database under sub-
section (a), a State or unit of local government shall 
not be eligible for Federal funding under section 2 
of the DNA Analysis Backlog Elimination Act of 
2000 (42 U.S.C. 14135) or under subpart 1 of part 
E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 unless such State or unit is in 
compliance with this section with respect to such fis-
cal year. 
(2) DETERMINATION OF COMPLIANCE.— 
(A) IN GENERAL.—A State or unit of local 
government is in compliance with this section 
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with respect to a fiscal year if the State or unit 
provides to the Attorney General a certification 
described in subparagraph (B) for such fiscal 
year. 
(B) CERTIFICATION.—A certification de-
scribed in this subparagraph for a fiscal year 
is— 
(i) in the case of a State, a certifi-
cation that for such fiscal year— 
(I) at least 75 percent of the 
State law enforcement agencies; 
(II) at least 75 percent of the 
local law enforcement agencies within 
the State; 
(III) 100 percent of the State 
laboratories owned by the State; and 
(IV) 100 percent of the local lab-
oratories owned by units of local gov-
ernment within the State, 
included information, in accordance with 
this section, in the database under sub-
section (a) for substantially all rape kits 
collected or tested by such agency or lab-
oratory; and 
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(ii) in the case of a unit of local gov-
ernment, a certification that for such fiscal 
year the local law enforcement agency of 
the unit and the local laboratory owned by 
the unit, as applicable, included informa-
tion, in accordance with this section, in the 
database under subsection (a) for substan-
tially all rape kits collected or tested by 
such agency or laboratory. 
(e) PUBLIC
ACCESS.—The database established 
under subsection (a) shall be made available to the public 
and shall be made available in a manner that allows the 
comparison of information and processing of such infor-
mation to generate trends. 
(f) TECHNICAL ASSISTANCE.—The Attorney General 
shall provide for— 
(1) assistance to database-participating entities 
that do not have access to the Internet in order to 
enable such entities to participate under this section; 
and 
(2) a helpdesk and technical assistance for 
database-participating entities to participate under 
this section. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as are necessary 
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for each of fiscal years 2011 through 2016 to carry out 
this section. 
(h) DEFINITIONS.—For purposes of this section: 
(1) RAPE KIT.—The term ‘‘rape kit’’ means a 
sexual assault forensics evidence collection kit. 
(2) STATE.—The term ‘‘State’’ means a State 
of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, the United States 
Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands. 
(i) CONFORMING AMENDMENTS.— 
(1) CONDITIONING RECEIPT OF DEBBIE SMITH 
DNA BACKLOG GRANT PROGRAM FUNDS ON PARTICI-
PATION IN NATIONAL RAPE KIT DATABASE.—Section 
2(b) of the DNA Analysis Backlog Elimination Act 
of 2000 (42 U.S.C. 14135(b)) is amended— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting ‘‘; and’’ ; and 
(C) by adding at the end the following: 
‘‘(8) for grants for fiscal years beginning after 
the date of the establishment of the database estab-
lished under subsection (a) of section 2 of the Na-
tional Rape Kit Database Act, specify that the State 
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