I 
118TH CONGRESS 
1ST SESSION H. R. 5721 
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
require certain reporting on sexual assault kit testing. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2023 
Ms. 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 
A BILL 
To amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to require certain reporting on sexual as-
sault kit testing. 
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 ‘‘Rape Kit Backlog 
Progress Act of 2023’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
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(1) A sexual assault kit includes a sexual as-
sault forensic exam meaning an examination pro-
vided 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, doc-
umentation 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 sub-
stance abuse, and other non-acute medical con-
cerns; and 
(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 in-
vestigate and prosecute sexual assault and other 
crimes. 
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(3) It is estimated that there are currently well 
over 100,000 untested sexual assault kits in Amer-
ica, but the exact number is not known. 
(4) Untested sexual assault kits means that 
there are sexual assaults unprosecuted, sexual as-
saults occurring that could have been prevented, and 
a delay in uploading DNA to Combined DNA Index 
System (commonly known as ‘‘CODIS’’) that can as-
sist 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 
inventory’, to identify the physical location, un-
tested 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 
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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 col-
lected, 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 iden-
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tification or tracking information of each sexual 
assault kit in the possession of such State or 
unit of local government, or otherwise trans-
mitted 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 deter-
mine— 
‘‘(1) if the State or unit of local government 
has completed the conduct described under sub-
section (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 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). 
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‘‘(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 com-
plete 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 jurisdic-
tion. 
‘‘(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; 
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‘‘(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 
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 de-
scribed under paragraph (1); 
‘‘(3) if an applicant for a grant under this sub-
part has been awarded a grant; and 
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‘‘(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 
described under such subsection, the reason that the 
conduct has not been completed. 
‘‘(b) PROHIBITION ON PERSONALLY IDENTIFIABLE 
INFORMATION.—Any information published by the Attor-
ney 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 imme-
diately upon discovery.’’. 
Æ 
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