Sexual Assault Forensic Evidence Reporting Act of 2012 or the SAFER Act of 2012 - (Sec. 2) Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to: (1) conduct audits of samples of sexual assault evidence that are awaiting testing; and (2) ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, including sexual assault and other violent crimes against persons, is carried out in an appropriate and timely manner and in accordance with specified protocols and practices. Requires not less than 5% but not more than 7% of Debbie Smith grant funds distributed in FY2014-FY2017 to be awarded for such audits if sufficient applications to justify such amounts are received by the Attorney General, provided such award doesn't decrease funds for other distribution requirements.
Authorizes the Attorney General to award such a grant to a state or local government for auditing sexual assault evidence backlogs only if the recipient submits a plan for performing the audit and includes a good-faith estimate of the number of such samples. Sets forth provisions regarding grant conditions, including requirements that: (1) the government complete the audit within one year, assign a unique numeric or alphanumeric identifier to each sample awaiting testing, and identify any statutory deadlines for prosecuting a perpetrator to which a sample relates; and (2) the chief law enforcement officer of the state or local government be the individual responsible for compliance with reporting requirements.
Requires a grant recipient, at least every 60 days for 12 months after completing an initial count of the samples awaiting testing, to submit a report to the Department of Justice (DOJ) on the number of samples: (1) that such government has determined should undergo testing, (2) that such government has determined should not undergo testing, (3) that have been submitted for testing, and (4) for which testing has been completed.
Directs the Attorney General to: (1) publish such reports, and (2) ensure that any information published as part of a report does not include personally identifiable information or details about a sexual assault that might lead to the identification of the individuals involved.
Requires the Director of the Federal Bureau of Investigation (FBI) to: (1) develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence; and (2) make available technical assistance and training to support states and local governments in adopting and implementing such protocols and practices.
(Sec. 3) Requires the Attorney General, not later than 90 days after the end of each fiscal year for which a grant for an audit is made, to submit to Congress a report that: (1) lists the states and local governments awarded grants and the amount received by each, (2) states the number of audit deadline extensions granted by the Attorney General, and (3) summarizes the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports.
(Sec. 4) Requires, for each fiscal year through FY2018, that not less than 75% of Debbie Smith grant amounts be awarded to: (1) carry out, for inclusion in the Combined DNA Index System, DNA analyses of samples collected under applicable legal authority and of samples collected from crime scenes; and (2) increase the capacity of state or local government laboratories to carry out DNA analyses.
(Sec. 5) Requires the DOJ Inspector General, each fiscal year beginning in FY2013, to conduct audits of recipients of all grants under this Act to prevent waste, fraud, and abuse by grantees. Makes a grant recipient found to have an unresolved audit finding ineligible to receive grants under this Act during the two fiscal years beginning after the 12-month period beginning on the date when the final audit report is issued. Directs the Attorney General to give priority in awarding grants to eligible entities that, during the three fiscal years before submitting a grant application, did not have an unresolved audit finding showing a violation in the terms or conditions of a DOJ grant program. Prohibits the Attorney General from awarding a grant under a program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying tax on certain unrelated business income.
Limits the sum that may be used by the Attorney General for salaries and administrative expenses of DOJ to 7.5% of amounts authorized to be appropriated under this Act, unless otherwise explicitly provided in authorizing legislation. Prohibits amounts authorized to be appropriated to DOJ under this Act from being used by the Attorney General or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act to host or support any expenditure for conferences that uses more than $20,000 in DOJ funds without prior specified authorization. Requires the Deputy Attorney General to report annually to the House and Senate Judiciary Committees on all conference expenditures approved.
Prohibits amounts authorized to be appropriated under this Act from being utilized by any grant recipient to lobby any DOJ representative regarding the award of grant funding, or to lobby any representative of a federal, state, local, or tribal government regarding the award of grant funding. Directs the Attorney General, upon determining that a grant recipient has violated such provision, to require the recipient to repay the grant in full and to prohibit the recipient from receiving another grant under this Act for not less than five years.
(Sec. 6) Sunsets specified provisions of this Act regarding Debbie Smith grants for auditing sexual assault evidence backlogs on December 31, 2018.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3250 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3250
To amend the DNA Analysis Backlog Elimination Act of 2000 to provide
for Debbie Smith grants for auditing sexual assault evidence backlogs
and to establish a Sexual Assault Forensic Evidence Registry, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2012
Mr. Cornyn (for himself, Mr. Bennet, Mr. Kirk, Ms. Klobuchar, Mr.
Franken, and Ms. Collins) introduced the following bill; which was read
twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the DNA Analysis Backlog Elimination Act of 2000 to provide
for Debbie Smith grants for auditing sexual assault evidence backlogs
and to establish a Sexual Assault Forensic Evidence Registry, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sexual Assault Forensic Evidence
Registry Act of 2012'' or the ``SAFER Act of 2012''.
SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE
BACKLOGS.
Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42
U.S.C. 14135) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(6) To conduct an audit consistent with subsection (n) of
the samples of sexual assault evidence that are in the
possession of the State or unit of local government and are
awaiting testing.'';
(2) in subsection (c), by adding at the end the following
new paragraph:
``(4) Allocation of grant awards for audits.--For each of
fiscal years 2013 through 2017, not less than 7 percent of the
grant amounts distributed under paragraph (1) shall, if
sufficient applications are received by the Department of
Justice, be awarded for the purpose described in subsection
(a)(6), provided that none of the funds required to be
distributed under this paragraph shall decrease or otherwise
limit the availability of funds required to be awarded to
States or units of local government under paragraph (3).''; and
(3) by adding at the end the following new subsection:
``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.--
``(1) Eligibility.--The Attorney General may award a grant
under this section to a State or unit of local government for
the purpose described in subsection (a)(6) only if the State or
unit of local government--
``(A) submits a plan for performing the audit of
samples described in such subsection; and
``(B) includes in such plan a good-faith estimate
of the number of such samples.
``(2) Grant conditions.--A State or unit of local
government receiving a grant for the purpose described in
subsection (a)(6)--
``(A) may not enter into any contract or agreement
with any non-governmental vendor laboratory to conduct
an audit described in subsection (a)(6); and
``(B) shall--
``(i) not later than 1 year after receiving
such grant--
``(I) complete the audit referred
to in paragraph (1)(A) in accordance
with the plan submitted under such
paragraph; and
``(II) for each sample of sexual
assault evidence identified in such
audit, subject to paragraph (4), enter
into the Sexual Assault Forensic
Evidence Registry established under
subsection (o) the information listed
in subsection (o)(2);
``(ii) not later than 21 days after
receiving possession of a sample of sexual
assault evidence that was not in the possession
of the State or unit of local government at the
time of such audit, subject to paragraph (4),
enter into the Sexual Assault Forensic Evidence
Registry the information listed in subsection
(o)(2) with respect to the sample; and
``(iii) not later than 30 days after a
change in the status referred to in subsection
(o)(2)(A)(v) of a sample with respect to which
the State or unit of local government has
entered information into such Registry, update
such status.
``(3) Extension of initial deadline.--The Attorney General
may grant an extension of the deadline under paragraph
(2)(B)(i) to a State or unit of local government that
demonstrates that more time is required for compliance with
such paragraph.
``(4) Samples exempt from registry requirement.--A State or
unit of local government is not required under paragraph (2) to
enter into the Registry described in such paragraph information
with respect to a sample of sexual assault evidence if--
``(A) the sample is not considered criminal
evidence (such as a sample collected anonymously from a
victim who is unwilling to make a criminal complaint);
or
``(B) the sample relates to a sexual assault for
which the prosecution of each perpetrator is barred by
a statute of limitations.
``(5) Definitions.--In this subsection:
``(A) Awaiting testing.--The term `awaiting
testing' means, with respect to a sample of sexual
assault evidence, that--
``(i) the sample has been collected and is
in the possession of a State or unit of local
government;
``(ii) DNA and other appropriate forensic
analyses have not been performed on such
sample; and
``(iii) the sample is related to a criminal
case or investigation in which final
disposition has not yet been reached.
``(B) Final disposition.--The term `final
disposition' means, with respect to a criminal case or
investigation to which a sample of sexual assault
evidence relates--
``(i) the conviction or acquittal of all
suspected perpetrators of the crime involved;
``(ii) a determination by the State or unit
of local government in possession of the sample
that the case is unfounded; or
``(iii) a declaration by the victim of the
crime involved that the act constituting the
basis of the crime was not committed.
``(C) Possession.--
``(i) In general.--The term `possession',
used with respect to possession of a sample of
sexual assault evidence by a State or unit of
local government, includes possession by an
individual who is acting as an agent of the
State or unit of local government for the
collection of the sample.
``(ii) Rule of construction.--Nothing in
clause (i) shall be construed to create or
amend any Federal rights or privileges for non-
governmental vendor laboratories described in
regulations promulgated under section 210303 of
the DNA Identification Act of 1994 (42 U.S.C.
14131).''.
SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.
(a) In General.--Section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135), as amended by section 2, is further
amended by adding at the end the following new subsection:
``(o) Sexual Assault Forensic Evidence Registry.--
``(1) In general.--Subject to subsection (j), not later
than 1 year after the date of enactment of the SAFER Act of
2012, the Attorney General shall establish a Sexual Assault
Forensic Evidence Registry (in this subsection referred to as
the `Registry') that--
``(A) is administered by the Department of Justice;
``(B) allows States and units of local government
to enter information into the Registry about samples of
sexual assault evidence that are in the possession of
such States or units of local government and are
awaiting testing; and
``(C) tracks the testing and processing of such
samples.
``(2) Information in registry.--
``(A) In general.--A State or unit of local
government that chooses to enter information into the
Registry about a sample of sexual assault evidence
shall include the following information:
``(i) The date of the sexual assault to
which the sample relates.
``(ii) The city, county, or other
appropriate locality in which the sexual
assault occurred.
``(iii) The date on which the sample was
collected.
``(iv) The date on which information
relating to the sample was entered into the
Registry.
``(v) The status of the progression of the
sample through testing and other stages of the
evidentiary handling process, limited to the
following information:
``(I) The identity of the entity in
possession of the sample of untested
sexual assault evidence.
``(II) The identification of the
sample of untested sexual assault
evidence by the State or unit of local
government.
``(III) The submission of the
sample of untested sexual assault
evidence to a laboratory for analysis,
or the decision of the State or unit of
local government to indefinitely
refrain from submitting the sample.
``(IV) The completion of the
analysis of the sample of untested
sexual assault evidence, or the
decision of the State or unit of local
government to indefinitely refrain from
analyzing the sample of untested sexual
assault evidence.
``(vi) The date or dates after which the
State or unit of local government would be
barred by any applicable statutes of
limitations from prosecuting a perpetrator of
the sexual assault for the sexual assault.
``(B) Personally identifiable information.--The
Attorney General shall ensure that the Registry does
not include personally identifiable information or
details about a sexual assault that might lead to the
identification of the individuals involved, except for
the information listed in subparagraph (A).
``(3) Sample identification number.--
``(A) In general.--A State or unit of local
government that chooses to enter information about a
sample of sexual assault evidence into the Registry
shall assign to the sample a unique numeric or
alphanumeric identifier.
``(B) Unique identifier required.--In assigning the
identifier under subparagraph (A), a State or unit of
local government may use a case-numbering system used
for other purposes, but the Attorney General shall
ensure that the identifier assigned to each sample is
unique with respect to all samples entered by all
States and units of local government.
``(4) Update of information.--A State or unit of local
government that chooses to enter information about a sample of
sexual assault evidence into the Registry shall, not later than
30 days after a change in the status of the sample referred to
in paragraph (2)(A)(v), update such status.
``(5) Internet access.--The Attorney General shall make
publicly available, on an appropriate Internet website,
aggregate non-individualized and non-personally identifying
data compiled from information required to be entered into the
Registry under paragraph (2)(A), to allow for comparison of
backlog data by State and unit of local government.
``(6) Technical assistance.--The Attorney General shall--
``(A) provide a means by which an entity that does
not have access to the Internet may enter information
into the Registry; and
``(B) provide the technical assistance necessary to
allow States and units of local government to
participate in the Registry.
``(7) Rule of construction.--Nothing in this subsection
shall be construed to require that any State or unit of local
government participate in the Sexual Assault Forensic Evidence
Registry established under this subsection unless the State or
unit of local government--
``(A) accepts a grant awarded under subsection (n);
or
``(B) the State or unit of local government
expressly agrees to participate in the registry in
accordance with this conditions enumerated in this
subsection.''.
(b) Funding.--Section 2(j) of the DNA Analysis Backlog Elimination
Act of 2000 (42 U.S.C. 14135(j)) is amended--
(1) by inserting ``and for carrying out subsection (o)''
after ``for grants under subsection (a)''; and
(2) by adding at the end the following new sentence: ``For
each of fiscal years 2013 through 2017, not less than 1 percent
of the amount authorized to be appropriated under the previous
sentence for such fiscal year shall be for carrying out
subsection (o).''
SEC. 4. REPORTS TO CONGRESS.
Not later than 90 days after the end of each fiscal year for which
a grant is made for the purpose described in section 2(a)(6) of the DNA
Analysis Backlog Elimination Act of 2000, as by section 2, the Attorney
General shall submit to Congress a report that--
(1) lists the States and units of local government that
have been awarded such grants and the amount of the grant
received by each such State or unit of local government;
(2) states the number of extensions granted by the Attorney
General under section 2(n)(3) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 2; and
(3) summarizes the processing status of the samples of
sexual assault evidence about which information has been
entered into the Sexual Assault Forensic Evidence Registry
established under section 2(o) of the DNA Analysis Backlog
Elimination Act of 2000, as added by section 3(a), including
the number of samples that have not been tested.
SEC. 5. REDUCING THE RAPE KIT BACKLOG.
Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000
(42 U.S.C. 14135(c)(3)) is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2017''; and
(2) by adding at the end the following:
``(C) For each of fiscal years 2013 through 2017,
not less than 75 percent of the total grant amounts
shall be awarded for a combination of purposes under
paragraphs (2) and (3) of subsection (a).''.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Committee on the Judiciary. Ordered to be reported without amendment favorably.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Senate Committee on the Judiciary discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S8551-8552)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent.
Received in the House.
Message on Senate action sent to the House.
Held at the desk.
Mr. Smith (TX) asked unanimous consent to take from the Speaker's table and consider.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
Considered by unanimous consent. (consideration: CR H7580-7584)
Passed/agreed to in House: On passage Passed without objection.
On passage Passed without objection.
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Message on House action received in Senate and at desk: House amendments to Senate bill.