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Bill > HR354


US HR354

US HR354
SAFER Act of 2013


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

113th Congress

Bill Summary

Sexual Assault Forensic Evidence Reporting Act of 2013 or the SAFER Act of 2013 - 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 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 publish such reports and to ensure that any information published does not include information 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 appropriate for the accurate, timely, and effective collection and processing of DNA evidence; and (2) make available technical assistance and training to support states and local governments in adopting and implementing such protocols and practices. Requires the Attorney General, to submit to Congress an annual 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. 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. Requires the DOJ Inspector General to conduct audits 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 for two fiscal years. Directs the Attorney General to give priority in awarding grants to eligible entities that, during the three prior fiscal years, did not have an unresolved audit finding showing a violation of a DOJ grant program. Prohibits the Attorney General from awarding a grant under 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 use of amounts authorized to be appropriated under this Act for DOJ salaries and administrative expenses, for conferences, or for lobbying any representative of a government regarding the award of grant funding. Sunsets specified provisions of this Act regarding Debbie Smith grants for auditing sexual assault evidence backlogs on December 31, 2018.

AI Summary

This bill, the SAFER Act of 2013, amends the DNA Analysis Backlog Elimination Act of 2000 to allow the Attorney General to award Debbie Smith grants to states and local governments for two main purposes: conducting audits of sexual assault evidence that is awaiting testing, and ensuring that DNA evidence collection and processing by law enforcement is done appropriately and in a timely manner according to established protocols. For fiscal years 2014 through 2017, a portion of these grants (5-7%) must be used for these audits, provided sufficient applications are received and it doesn't reduce funds for other grant requirements. Grant recipients must submit a plan for their audit, estimate the number of samples, complete the audit within a year, assign unique identifiers to each sample, and identify any statutory deadlines for prosecution related to the samples. The chief law enforcement officer is responsible for compliance with reporting requirements, which include submitting reports to the Department of Justice (DOJ) every 60 days for a year after an initial count, detailing the status of samples (determined for testing, not for testing, submitted for testing, and testing completed). The Attorney General will publish these reports, excluding personally identifiable information. The bill also directs the FBI Director to develop and publish protocols for DNA evidence collection and processing, and to provide technical assistance and training to help states and local governments implement them. The Attorney General must submit an annual report to Congress detailing grant recipients, audit extensions, and the status of sexual assault evidence samples. For fiscal years through 2018, at least 75% of Debbie Smith grant funds must be used for DNA analysis for inclusion in the Combined DNA Index System (CODIS) and to increase laboratory capacity. The DOJ Inspector General will audit all grants to prevent waste, fraud, and abuse, and recipients with unresolved audit findings will be ineligible for grants for two years, with priority given to entities without prior audit issues. The bill also prohibits grants to certain nonprofit organizations holding money in offshore accounts to avoid taxes and limits administrative expenses, conference spending, and lobbying activities. Provisions related to auditing sexual assault evidence backlogs will expire on December 31, 2018.

Committee Categories

Justice, Military Affairs and Security

Sponsors (25)

Last Action

Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations. (on 02/28/2013)

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