(F) providing follow-up as needed to pro-
vide additional healing, treatment, or collection 
of evidence. 
(2) A sexual assault kit is an important forensic 
tool used by law enforcement and prosecutors to inves-
tigate 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 oc-
curring 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. 
SEC. 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 inven-
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tory’, to identify the physical location, untested 
or tested status (or full sexual assault kit status, 
if available), and any individual test kit identi-
fication 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 govern-
ment to a third-party, such as for testing, stor-
ing, 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 sub-
mitted each such sexual assault kit to a labora-
tory 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 
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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 identi-
fication 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.— Be-
tween 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. 
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‘‘(d) ELIGIBILITY.—A State or unit or local govern-
ment 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 cir-
cumstances of the sexual assault and with any 
applicable rules or procedures of the jurisdiction. 
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‘‘(2) SEXUAL ASSAULT KIT STATUS.—The term 
‘sexual assault kit status’ means whether an indi-
vidual 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 vic-
tim, proper authorities, and the Combined DNA 
Index System.’’. 
SEC. 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: 
‘‘SEC. 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 Back-
log Progress Act of 2023’, and annually thereafter, the At-
torney 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; 
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‘‘(2) an aggregate analysis of the reports de-
scribed under paragraph (1); 
‘‘(3) if an applicant for a grant under this sub-
part has been awarded a grant; and 
‘‘(4) if an applicant for a grant under this sub-
part completed the conduct described under section 
502(a)(7) and if it has not completed the conduct de-
scribed under such subsection, the reason that the con-
duct has not been completed. 
‘‘(b) PROHIBITION ON PERSONALLY IDENTIFIABLE IN-
FORMATION.—Any information published by the Attorney 
General pursuant to this section may not contain the per-
sonally identifiable information of a victim and if such in-
formation was erroneously published, it shall be removed 
from the website of the Department of Justice immediately 
upon discovery.’’. 
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Union Calendar No. 206 
118TH CONGRESS 
1ST SESSION 
H. R. 5721 
[Report No. 118–256] 
A BILL 
To amend the Omnibus Crime Control and Safe 
Streets Act of 1968 to require certain reporting 
on sexual assault kit testing. 
OCTOBER 26, 2023 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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