HR 5721 — Rape Kit Backlog Progress Act of 2023

changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics, and existing law in which no change is 
proposed is shown in roman):

 OMNIBUS CRIME CONTROL AND
 SAFE STREETS ACT OF 1968

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TITLE I--JUSTICE SYSTEM IMPROVEMENT

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 Part E--Bureau of Justice Assistance Grant Programs

Subpart 1--Edward Byrne Memorial Justice Assistance Grant Program

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SEC. 502. APPLICATIONS.

 (a) In General.--To request a grant under this subpart, the 
chief executive officer of a State or unit of local government 
shall submit an application to the Attorney General within 120 
days after the date on which funds to carry out this subpart 
are appropriated for a fiscal year, in such form as the 
Attorney General may require. Such application shall include 
the following:
 (1) A certification that Federal funds made available 
 under this subpart will not be used to supplant State 
 or local funds, but will be used to increase the 
 amounts of such funds that would, in the absence of 
 Federal funds, be made available for law enforcement 
 activities.
 (2) An assurance that, not fewer than 30 days before 
 the application (or any amendment to the application) 
 was submitted to the Attorney General, the application 
 (or amendment) was submitted for review to the 
 governing body of the State or unit of local government 
 (or to an organization designated by that governing 
 body).
 (3) An assurance that, before the application (or any 
 amendment to the application) was submitted to the 
 Attorney General--
 (A) the application (or amendment) was made 
 public; and
 (B) an opportunity to comment on the 
 application (or amendment) was provided to 
 citizens and to neighborhood or community-based 
 organizations, to the extent applicable law or 
 established procedure makes such an opportunity 
 available.
 (4) An assurance that, for each fiscal year covered 
 by an application, the applicant shall maintain and 
 report such data, records, and information 
 (programmatic and financial) as the Attorney General 
 may reasonably require.
 (5) A certification, made in a form acceptable to the 
 Attorney General and executed by the chief executive 
 officer of the applicant (or by another officer of the 
 applicant, if qualified under regulations promulgated 
 by the Attorney General), that--
 (A) the programs to be funded by the grant 
 meet all the requirements of this subpart;
 (B) all the information contained in the 
 application is correct;
 (C) there has been appropriate coordination 
 with affected agencies; and
 (D) the applicant will comply with all 
 provisions of this subpart and all other 
 applicable Federal laws.
 (6) A comprehensive Statewide plan detailing how 
 grants received under this section will be used to 
 improve the administration of the criminal justice 
 system, which shall--
 (A) be designed in consultation with local 
 governments, and representatives of all 
 segments of the criminal justice system, 
 including judges, prosecutors, law enforcement 
 personnel, corrections personnel, and providers 
 of indigent defense services, victim services, 
 juvenile justice delinquency prevention 
 programs, community corrections, and reentry 
 services;
 (B) include a description of how the State 
 will allocate funding within and among each of 
 the uses described in subparagraphs (A) through 
 (G) of section 501(a)(1);
 (C) describe the process used by the State 
 for gathering evidence-based data and 
 developing and using evidence-based and 
 evidence-gathering approaches in support of 
 funding decisions;
 (D) describe the barriers at the State and 
 local level for accessing data and implementing 
 evidence-based approaches to preventing and 
 reducing crime and recidivism; and
 (E) be updated every 5 years, with annual 
 progress reports that--
 (i) address changing circumstances in 
 the State, if any;
 (ii) describe how the State plans to 
 adjust funding within and among each of 
 the uses described in subparagraphs (A) 
 through (G) of section 501(a)(1);
 (iii) provide an ongoing assessment 
 of need;
 (iv) discuss the accomplishment of 
 goals identified in any plan previously 
 prepared under this paragraph; and
 (v) reflect how the plan influenced 
 funding decisions in the previous year.
 (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, 
 untested 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 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 
 collected, 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 
 identification 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.
 (b) Technical Assistance.--
 (1) Strategic planning.--Not later than 90 days after 
 the date of enactment of this subsection, the Attorney 
 General shall begin to provide technical assistance to 
 States and local governments requesting support to 
 develop and implement the strategic plan required under 
 subsection (a)(6). The Attorney General may enter into 
 agreements with 1 or more non-governmental 
 organizations to provide technical assistance and 
 training under this paragraph.
 (2) Protection of constitutional rights.--Not later 
 than 90 days after the date of enactment of this 
 subsection, the Attorney General shall begin to provide 
 technical assistance to States and local governments, 
 including any agent thereof with responsibility for 
 administration of justice, requesting support to meet 
 the obligations established by the Sixth Amendment to 
 the Constitution of the United States, which shall 
 include--
 (A) public dissemination of practices, 
 structures, or models for the administration of 
 justice consistent with the requirements of the 
 Sixth Amendment; and
 (B) assistance with adopting and implementing 
 a system for the administration of justice 
 consistent with the requirements of the Sixth 
 Amendment.
 (3) Authorization of appropriations.--For each of 
 fiscal years 2017 through 2021, of the amounts 
 appropriated to carry out this subpart, not less than 
 $5,000,000 and not more than $10,000,000 shall be used 
 to carry out this subsection.
 (c) Determination by Attorney General.-- Between 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.
 (d) Eligibility.--A State or unit or local government 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 circumstances 
 of the sexual assault and with any applicable 
 rules or procedures of the jurisdiction.
 (2) Sexual assault kit status.--The term ``sexual 
 assault kit status'' means whether an individual 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 
 victim, proper authorities, and the Combined 
 DNA Index System.

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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 described 
 under paragraph (1);
 (3) if an applicant for a grant under this subpart 
 has been awarded a grant; and
 (4) if an applicant for a grant under this subpart 
 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 Attorney 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 immediately upon discovery.

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