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.

Summary: Sexual Assault Forensic Evidence Registry Act of 2010 or the SAFER Act of 2010 - Amends the DNA Analysis Backlog Elimination Act of 2000 to: (1) allow states or local governments to use grant funds under such Act to conduct audits of samples of sexual assault evidence that are awaiting testing; and (2) provide funding in FY2011-FY2014 for such purpose. Authorizes the Attorney General to award grants for such audits only if the grant recipient (i.e., a state or local government) submits a plan for performing the audit of samples of sexual assault evidence and includes a good-faith estimate of the number of such samples.

Requires the Attorney General to: (1) establish a Sexual Assault Forensic Evidence Registry to include information about samples of sexual assault evidence awaiting testing and to track the testing and processing of such samples; and (2) develop and disseminate to law enforcement and other appropriate agencies a report on best practices for the testing and use of DNA evidence collected as part of a criminal investigation of sexual assault cases. Sets forth requirements relating to information required to be included in such Registry, the protection of personally identifiable information in the Registry, and the updating of information in the Registry.

Expresses the sense of Congress that law enforcement agencies and other appropriate entities should use the best practices developed by the Attorney General to develop, evaluate, and improve DNA evidence protocols.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sexual Assault Forensic Evidence 
Registry Act of 2010'' or the ``SAFER Act of 2010''.

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)(3), in the matter preceding 
        subparagraph (A), by inserting ``from funds made available 
        under subsection (j)(1)'' after ``paragraph (1)'';
            (3) in subsection (d)(3)(C), by striking ``subsection (j)'' 
        and inserting ``subsection (j)(1)'';
            (4) in subsection (j)--
                    (A) by striking ``There are'' and inserting the 
                following:
            ``(1) In general.--There are''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Amounts for auditing sexual assault evidence 
        backlogs.--In addition to amounts appropriated under paragraph 
        (1), there are authorized to be appropriated to the Attorney 
        General for grants for the purpose described in subsection 
        (a)(6) $10,000,000 for each of fiscal years 2011 through 
        2014.'';
            (5) in subsection (k), in the matter preceding paragraph 
        (1), by striking ``subsection (j)'' and inserting ``subsection 
        (j)(1)''; and
            (6) 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) shall--
                    ``(A) 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 
                        section 3 of the SAFER Act of 2010 the 
                        information listed in subsection (b)(1) of such 
                        section;
                    ``(B) not later than 14 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 such Registry the information 
                listed in such subsection with respect to the sample; 
                and
                    ``(C) not later than 30 days after a change in the 
                status referred to in subparagraph (E) of such 
                subsection 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 in paragraph (2)(A) 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.--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.''.

SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall establish a Sexual 
Assault Forensic Evidence Registry (in this section referred to as the 
``Registry'') that--
            (1) 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
            (2) tracks the testing and processing of such samples.
    (b) Information in Registry.--
            (1) 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:
                    (A) The date of the sexual assault to which the 
                sample relates.
                    (B) The city, county, or other appropriate locality 
                where the sexual assault occurred.
                    (C) The date on which the sample was collected.
                    (D) The date on which information about the sample 
                was entered into the Registry.
                    (E) The status of the progression of the sample 
                through testing and other stages of the evidentiary 
                handling process, including the identity of the entity 
                in possession of the sample.
                    (F) 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.
                    (G) Such other information as the Attorney General 
                considers appropriate.
            (2) 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 the information listed in 
        paragraph (1).
    (c) Sample Identification Number.--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. In assigning the identifier, 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.
    (d) 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 subsection (b)(1)(E), update 
such status.
    (e) Internet Access.--The Attorney General shall make the Registry 
accessible to the public on an appropriate Internet website.
    (f) Technical Assistance.--The Attorney General shall--
            (1) provide a means by which an entity that does not have 
        access to the Internet may enter information into the Registry; 
        and
            (2) provide the technical assistance necessary to allow 
        States and units of local government to participate in the 
        Registry.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for each of the 
fiscal years 2011 through 2014.

SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND USE OF DNA EVIDENCE.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Attorney General shall develop and 
disseminate to law enforcement agencies and other appropriate entities 
a report on best practices for the testing and use of DNA evidence 
collected as part of the criminal investigation of sexual assault 
cases. In developing the best practices, the Attorney General shall 
take into account that sexual assault perpetrators are often habitual 
offenders, may commit many acts of sexual violence against both 
strangers and victims known to them, and may commit other violent 
crimes and crimes against property.
    (b) Content.--The best practices developed under subsection (a) 
shall--
            (1) establish the appropriate prioritization of testing of 
        samples of sexual assault evidence, including samples related 
        to--
                    (A) cases in which a suspect has been identified 
                and cases in which a suspect has not been identified; 
                and
                    (B) cases in which the assault was committed by a 
                stranger and cases in which the assault was committed 
                by someone known to the victim;
            (2) describe the protocols for appropriately handling and 
        storing samples of sexual assault evidence;
            (3) describe the evidentiary value of and make 
        recommendations pertaining to testing all samples of sexual 
        assault evidence, including samples related to--
                    (A) cases in which a suspect has been identified 
                and cases in which a suspect has not been identified;
                    (B) cases in which the assault was committed by a 
                stranger and cases in which the assault was committed 
                by someone known to the victim;
                    (C) cases in which prosecution of a perpetrator is 
                barred by an applicable statute of limitations; and
                    (D) cases in which forensic evidence has been 
                collected from a victim who, pursuant to section 
                2010(d)(1) of the Omnibus Crime Control and Safe 
                Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(1)), chooses 
                not to participate in the criminal justice system or 
                cooperate with law enforcement; and
            (4) make recommendations with respect to notifying a victim 
        that the sample of sexual assault evidence of the victim has 
        been tested, including victims in cases--
                    (A) that are actively being investigated (including 
                cases being actively investigated after a period of 
                dormancy); and
                    (B) in which prosecution of a perpetrator is barred 
                by an applicable statute of limitations.
    (c) Sense of Congress.--It is the sense of Congress that law 
enforcement agencies and other appropriate entities should use the best 
practices developed and disseminated under subsection (a) to develop, 
evaluate, and improve DNA evidence protocols.

SEC. 5. 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 added by section 2(1) of 
this Act, 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 such Act, as added by section 
        2(6) of this Act; and
            (3) summarizes the processing status of the samples of 
        sexual assault evidence on which information has been entered 
        into the Sexual Assault Forensic Evidence Registry established 
        under section 3, including the number of samples that have not 
        been tested.