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. 
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 ‘‘Justice for Survivors 
of Sexual Assault Act of 2009’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Rape is a serious problem in the United 
States. 
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(2) The Department of Justice reports that in 
2006, there were an estimated 261,000 rapes and 
sexual assaults, and studies show only 1⁄3 of rapes 
are reported. 
(3) The collection and testing of DNA evidence 
is a critical tool in solving rape cases. Law enforce-
ment officials using the Combined DNA Index Sys-
tem have matched unknown DNA evidence taken 
from crime scenes with known offender DNA pro-
files in the State and National DNA database 2,371 
times. 
(4) Despite the availability of funding under the 
amendments made by the Debbie Smith Act of 2004 
(title II of Public Law 108–405; 118 Stat. 2266) 
there exists a significant rape kit backlog in the 
United States. 
(5) A 1999 study commissioned by the National 
Institute of Justice estimated that there was an an-
nual backlog of 180,000 rape kits that had not been 
analyzed. 
(6) No agency regularly collects information re-
garding the scope of the rape kit backlog in the 
United States. 
(7) Certain States cap reimbursement for rape 
kits at levels that are less than 1⁄2 the average cost 
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of a rape kit in those States. Yet, section 2010 of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg–4) requires 
that in order to be eligible for grants under part T 
of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3796gg et seq.) (commonly 
known as ‘‘STOP Grants’’) States shall administer 
rape kits to survivors free of charge or provide full 
reimbursement. 
(8) There is a lack of sexual assault nurse ex-
aminers and health professionals who have received 
specialized training specific to sexual assault victims. 
SEC. 3. PURPOSE. 
The purpose of this Act is to seek appropriate means 
to address the problems surrounding forensic evidence col-
lection in cases of sexual assault, including rape kit back-
logs, reimbursement for or free provision of rape kits, and 
the availability of trained health professionals to admin-
ister rape kit examinations. 
SEC. 4. RAPE KIT BACKLOGS. 
(a) ADDITIONAL PROTOCOL REQUIREMENT FOR RE-
CEIVING EDWARD BYRNE GRANTS.—Section 502 of title 
I of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3752) is amended— 
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(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) A certification that the applicant has im-
plemented a policy requiring all rape kits collected 
by or on behalf of the applicant to be sent to crime 
laboratories for forensic analysis.’’. 
(b) ADDITIONAL DEBBIE SMITH GRANT REQUIRE-
MENTS; DEFINITIONS.—Section 2 of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135) is 
amended— 
(1) in subsection (a)(2), by striking ‘‘samples 
from rape kits, samples from other sexual assault 
evidence, and samples taken in cases without an 
identified suspect.’’ and inserting ‘‘to eliminate a 
rape kit backlog and to ensure that DNA analyses 
of samples from rape kits are carried out in a timely 
manner.’’; 
(2) in subsection (b)— 
(A) paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the pe-
riod at the end and inserting a semicolon; and 
(C) by adding at the end the following: 
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‘‘(8) if the State or unit of local government 
has a rape kit backlog, include a plan to eliminate 
the rape kit backlog that includes performance 
measures to assess progress of the State or local 
unit of government toward a 50 percent reduction in 
the rape kit backlog over a 2-year period; and 
‘‘(9) specify the portion of the amounts made 
available under the grant under this section that the 
State or unit of local government shall use for the 
purpose of DNA analyses of samples from untested 
rape kits.’’; 
(3) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) the amount of funds from a grant under 
this section expended for the purposes of DNA anal-
yses for untested rape kits; and’’; and 
(4) by striking subsection (i) and inserting the 
following: 
‘‘(i) DEFINITIONS.—In this section: 
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‘‘(1) RAPE
KIT.—The term ‘rape kit’ means 
DNA evidence relating to— 
‘‘(A) sexual assault (as defined in section 
40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a))); or 
‘‘(B) conduct described in section 2251, 
2251A, or 2252 of chapter 110 of title 18, 
United States Code, regardless of whether the 
conduct affects interstate commerce. 
‘‘(2) RAPE KIT BACKLOG.—The term ‘rape kit 
backlog’ means untested rape kits that are in the 
possession or control of— 
‘‘(A) a law enforcement agency; or 
‘‘(B) a public or private crime laboratory. 
‘‘(3) 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. 
‘‘(4) UNTESTED RAPE KIT.—The term ‘untest-
ed rape kit’ means a rape kit collected from a victim 
that— 
‘‘(A) has not undergone forensic analysis; 
and 
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‘‘(B) for a combined total of not less than 
60 days, has been in the possession or control 
of— 
‘‘(i) a law enforcement agency; or 
‘‘(ii) a public or private crime labora-
tory.’’. 
(c) ADJUSTING BYRNE GRANT FUNDS FOR COMPLI-
ANCE
AND NONCOMPLIANCE; STATISTICAL REVIEW.— 
Section 505 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3755) is amended 
by adding at the end the following: 
‘‘(i) ADJUSTING BYRNE GRANT FUNDS FOR COMPLI-
ANCE AND NONCOMPLIANCE.— 
‘‘(1) DEFINITION.—In this subsection the term 
‘date for implementation’ means the last day of the 
second fiscal year beginning after the date of enact-
ment of this subsection. 
‘‘(2) ADDITIONAL FUNDS FOR COMPLIANCE.— 
‘‘(A) REDUCTION
OF
RAPE
KIT
BACK-
LOG.— 
‘‘(i) 50 PERCENT
REDUCTION.—For 
any fiscal year beginning after the date of 
enactment of this subsection, a State or 
unit of local government shall receive an 
allocation under this section in an amount 
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equal to 110 percent of the otherwise ap-
plicable allocation to the State or unit of 
local government if the State or unit of 
local government reduced the rape kit 
backlog by not less than 50 percent, as 
compared to the date of enactment of this 
subsection. 
‘‘(ii) 75 PERCENT REDUCTION.—For 
any fiscal year beginning after the date of 
enactment of this subsection— 
‘‘(I) a State or unit of local gov-
ernment that has received additional 
funds under clause (i) in any previous 
fiscal year shall receive an allocation 
under this section in an amount equal 
to 110 percent of the otherwise appli-
cable allocation to the State or unit of 
local government if the State or unit 
of local government reduced the rape 
kit backlog by not less than 75 per-
cent, as compared to the date of en-
actment of this subsection; and 
‘‘(II) a State or unit of local gov-
ernment that has not received addi-
tional funds under clause (i) in any 
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previous fiscal year shall receive an al-
location under this section in an 
amount equal to 120 percent of the 
otherwise applicable allocation to the 
State or unit of local government if 
the State or unit of local government 
reduced the rape kit backlog by not 
less than 75 percent, as compared to 
the date of enactment of this sub-
section. 
‘‘(iii) 95 PERCENT REDUCTION.—For 
any fiscal year beginning after the date of 
enactment of this subsection— 
‘‘(I) a State or unit of local gov-
ernment that has received additional 
funds under clause (ii) in any previous 
fiscal year shall receive an allocation 
under this section in an amount equal 
to 110 percent of the otherwise appli-
cable allocation to the State or unit of 
local government if the State or unit 
of local government reduced the rape 
kit backlog by not less than 95 per-
cent, as compared to the date of en-
actment of this subsection; 
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‘‘(II) a State or unit of local gov-
ernment that has received additional 
funds under clause (i) in any previous 
fiscal year, and has not received addi-
tional funds under clause (ii) in any 
previous fiscal year, shall receive an 
allocation under this section in an 
amount equal to 120 percent of the 
otherwise applicable allocation to the 
State or unit of local government if 
the State or unit of local government 
reduced the rape kit backlog by not 
less than 95 percent, as compared to 
the date of enactment of this sub-
section; and 
‘‘(III) a State or unit of local 
government that has not received ad-
ditional funds under clause (i) or (ii) 
in any previous fiscal year shall re-
ceive an allocation under this section 
in an amount equal to 130 percent of 
the otherwise applicable allocation to 
the State or unit of local government 
if the State or unit of local govern-
ment reduced the rape kit backlog by 
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not less than 95 percent, as compared 
to the date of enactment of this sub-
section. 
‘‘(B) TIMELY PROCESSING.—For the first 
fiscal year beginning after the date of enact-
ment of this subsection, and each fiscal year 
thereafter, a State or unit of local government 
that, during the previous fiscal year, tested 95 
percent of all rape kits collected from a victim 
during that previous fiscal year not later than 
60 days after the date the rape kit was taken 
into the possession or control of a law enforce-
ment agency of the State or unit of local gov-
ernment shall receive an allocation under this 
section in an amount equal to 105 percent of 
the otherwise applicable allocation to the State 
or unit of local government. 
‘‘(3) WITHHOLDING
OF
GRANT
FUNDS
FOR 
NONCOMPLIANCE.— 
‘‘(A) FAILURE
TO
REDUCE
RAPE
KIT 
BACKLOG.— 
‘‘(i) YEAR 1.—For the first fiscal year 
after the date for implementation, a State 
or unit of local government shall receive an 
allocation under this section in an amount 
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equal to 90 percent of the otherwise appli-
cable allocation to the State or unit of local 
government if the State or unit of local 
government— 
‘‘(I) has a rape kit backlog; 
‘‘(II) received a grant under this 
subpart during each of the 2 previous 
fiscal years; and 
‘‘(III) has failed to reduce the 
rape kit backlog by not less than 50 
percent, as compared to the date of 
enactment of this subsection. 
‘‘(ii) YEAR
3.—For the third fiscal 
year beginning after the date for imple-
mentation, a State or unit of local govern-
ment shall receive an allocation under this 
section in an amount equal to 90 percent 
of the otherwise applicable allocation to the 
State or unit of local government if the 
State or unit of local government— 
‘‘(I) has a rape kit backlog; 
‘‘(II) received a grant under this 
subpart during the previous fiscal 
year; and 
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the previous fiscal year, tested less than 95 per-
cent of the rape kits collected from a victim 
during that previous fiscal year not later than 
90 days after the date the rape kit was taken 
into the possession or control of a law enforce-
ment agency of the State or unit of local gov-
ernment shall receive an allocation under this 
section in an amount equal to 95 percent of the 
otherwise applicable allocation to the State or 
unit of local government. 
‘‘(j) ANNUAL STATISTICAL REVIEW AND REPORT.— 
‘‘(1) IN GENERAL.—The Director of the Na-
tional Institute of Justice of the Department of Jus-
tice (in this subsection referred to as the ‘Director’) 
shall conduct an annual comprehensive statistical re-
view of the number of untested rape kits collected by 
Federal, State, local, and tribal law enforcement 
agencies. 
‘‘(2) REPORT OF DATA TO DIRECTOR.—Each 
law enforcement agency of the Federal Government 
or of a State or unit of local government receiving 
a grant under this subpart (in this section referred 
to as ‘covered law enforcement agency’) shall certify 
to the Director, at the end of each fiscal year, the 
number of untested rape kits in the possession or 
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control of the covered law enforcement agency, and 
the length of time such kits have been waiting to be 
processed by or on behalf of such agency. This re-
port shall be tabulated every January 1 and posted 
on the Department of Justice Web site in a format 
and manner that the Director shall determine. 
‘‘(3) 
REPORT
TO
CONGRESS
AND
THE 
STATES.— 
‘‘(A) INITIAL REPORT.—Not later than 2 
years after the date of enactment of this sub-
section, and annually thereafter, the Director 
shall submit to Congress and the States a re-
port regarding the number of untested rape kits 
administered by or on behalf of, or in the pos-
session of, a covered law enforcement agency. 
‘‘(B) SUBSEQUENT
ANNUAL
REPORTS.— 
The Director shall include, in the second report, 
under subparagraph (A), and each subsequent 
report, the percentage change in the number of 
untested rape kits for each covered law enforce-
ment agency, as compared to the previous year. 
‘‘(4) PENALTY.—For fiscal year 2011, and each 
fiscal year thereafter, if a State or unit of local gov-
ernment has received a grant under this subpart, 
and a covered law enforcement agency of the State 
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or local government has failed to report the data re-
quired under paragraph (2), the State or unit of 
local government shall receive an allocation under 
this section in an amount equal to 95 percent of the 
otherwise applicable allocation to the State or unit 
of local government. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) RAPE
KIT.—The term ‘rape kit’ means 
DNA evidence relating to— 
‘‘(A) sexual assault (as defined in section 
40002(a) of the Violence Against Women Act of 
1994 (42 U.S.C. 13925(a))); or 
‘‘(B) conduct described in section 2251, 
2251A, or 2252 of chapter 110 of title 18, 
United States Code, regardless of whether the 
conduct affects interstate commerce. 
‘‘(2) RAPE KIT BACKLOG.—The term ‘rape kit 
backlog’ means untested rape kits that are in the 
possession or control of— 
‘‘(A) a law enforcement agency; or 
‘‘(B) a public or private crime laboratory. 
‘‘(3) UNTESTED RAPE KIT.—The term ‘untest-
ed rape kit’ means a rape kit collected from a victim 
that— 
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‘‘(A) has not undergone forensic analysis; 
and 
‘‘(B) for a combined total not less than 60 
days, has been in the possession or control of— 
‘‘(i) a law enforcement agency; or 
‘‘(ii) a public or private crime labora-
tory.’’. 
SEC. 5. RAPE KIT BILLING. 
(a) COORDINATION WITH REGIONAL HEALTH CARE 
PROVIDERS.—Section 2010(a)(1) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796gg–4(a)(1)) is amended by striking ‘‘assault.’’ and in-
serting ‘‘assault and coordinates with regional health care 
providers to notify victims of sexual assault of the avail-
ability of rape exams at no cost to the victims.’’. 
(b) REPEAL OF REIMBURSEMENT OPTION.—Effec-
tive 2 years after the date of enactment of this Act, section 
2010(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg–4(b)) is amend-
ed— 
(1) by striking paragraph (3); 
(2) in paragraph (1), by inserting ‘‘or’’ after 
‘‘victim;’’; and 
(3) in paragraph (2), by striking ‘‘victims; or’’ 
and inserting ‘‘victims.’’. 
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(c) PROVISION OF RAPE KITS REGARDLESS OF CO-
OPERATION WITH LAW ENFORCEMENT.—Section 2010(d) 
of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3796gg–4(d)) is amended by strik-
ing ‘‘(d) RULE OF CONSTRUCTION’’ and all that follows 
through the end of paragraph (1) and inserting the fol-
lowing: 
‘‘(d) NONCOOPERATION.— 
‘‘(1) IN GENERAL.—A State, Indian tribal gov-
ernment, or unit of local government shall not be in 
compliance with this section unless the State, Indian 
tribal government, or unit of local government com-
plies with subsection (b) without regard to whether 
the victim— 
‘‘(A) participates in the criminal justice 
system; or 
‘‘(B) cooperates with law enforcement.’’. 
SEC. 6. SEXUAL ASSAULT NURSE EXAMINER TRAINING. 
(a) DEFINITION.—Section 40002(a) of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925(a)) is 
amended— 
(1) by redesignating paragraphs (29) through 
(37) as paragraphs (30) through (38), respectively; 
and 
(2) inserting after paragraph (28) the following: 
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