II 

112TH CONGRESS 

1ST SESSION S. 254 

To reduce the rape kit backlog and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 1, 2011 

Mr. FRANKEN (for himself, Mr. GRASSLEY, Mrs. FEINSTEIN, Mr. BENNET, 

Mr. BURR, Mr. SANDERS, and Mr. CASEY) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reduce the rape kit backlog and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Survivors 

5 of Sexual Assault Act of 2011’’. 

6 SEC. 2. RAPE EXAM PAYMENTS. 

7 Section 2010 of title I of the Omnibus Crime Control 

8 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is 

9 amended— 

10 (1) in subsection (a)(1)— 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 254 IS

1 (A) by striking ‘‘entity incurs the full’’ and 

2 inserting the following: ‘‘entity— 

3 ‘‘(A) incurs the full’’; 

4 (B) by striking the period at the end and 

5 inserting ‘‘; and’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(B) coordinates with regional health care 

8 providers to notify victims of sexual assault of 

9 the availability of rape exams at no cost to the 

10 victims.’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by adding ‘‘or’’ at 

13 the end; 

14 (B) in paragraph (2), by striking ‘‘; or’’ 

15 and inserting a period; and 

16 (C) by striking paragraph (3); and 

17 (3) in subsection (d), by striking ‘‘(d) RULE OF

18 CONSTRUCTION.—’’ and all that follows through the 

19 end of paragraph (1) and inserting the following: 

20 ‘‘(d) NONCOOPERATION.— 

21 ‘‘(1) IN GENERAL.—To be in compliance with 

22 this section, a State, Indian tribal government, or 

23 unit of local government shall comply with sub24 section (b) without regard to whether the victim parVerDate Mar 15 2010 03:21 Feb 02, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S254.IS S254

jbell on DSKDVH8Z91PROD with BILLS
3 

•S 254 IS

1 ticipates in the criminal justice system or cooperates 

2 with law enforcement.’’. 

3 SEC. 3. ADDITIONAL DEBBIE SMITH GRANT REQUIRE4 MENTS. 

5 Section 2(f) of the DNA Analysis Backlog Elimi6 nation Act of 2000 (42 U.S.C. 14135(f)) is amended to 

7 read as follows: 

8 ‘‘(f) REPORTS TO THE ATTORNEY GENERAL.— 

9 ‘‘(1) IN GENERAL.—Each State or unit of local 

10 government that receives a grant under this section 

11 shall submit to the Attorney General, for each year 

12 in which funds from a grant received under this sec13 tion is expended, a report at such time and in such 

14 manner as the Attorney General may reasonably re15 quire, which contains— 

16 ‘‘(A) a summary of the activities carried 

17 out under the grant and an assessment of 

18 whether such activities are meeting the needs 

19 identified in the application; 

20 ‘‘(B) a specific breakdown of the number 

21 of sexual assault cases that are in a backlog for 

22 DNA case work; 

23 ‘‘(C) the percentage of the amounts re24 ceived under the grant allocated to reducing the 


jbell on DSKDVH8Z91PROD with BILLS
4 

•S 254 IS

1 backlog of DNA case work in sexual assault 

2 cases; and 

3 ‘‘(D) such other information as the Attor4 ney General may require. 

5 ‘‘(2) PENALTY FOR NONCOMPLIANCE.— 

6 ‘‘(A) ANNUAL LIST.—The Attorney Gen7 eral shall on an annual basis— 

8 ‘‘(i) compile a list of the States and 

9 units of local government receiving a grant 

10 under this section that have failed to pro11 vide the information required under para12 graph (1); and 

13 ‘‘(ii) publish each list compiled under 

14 clause (i) on the Web site of the Depart15 ment of Justice. 

16 ‘‘(B) PENALTY.—If the Attorney General 

17 determines that a State or unit of local govern18 ment has failed to provide the information re19 quired under paragraph (1), the Attorney Gen20 eral may not award a grant to the State or unit 

21 of local government under this section for the 

22 fiscal year beginning after the fiscal year in 

23 which the determination was made in an 

24 amount that is more than 50 percent of the 

25 amount the State or unit of local government 


jbell on DSKDVH8Z91PROD with BILLS
5 

•S 254 IS

1 would have otherwise received under this sec2 tion.’’. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS