I 
111TH CONGRESS 
2D SESSION 
H. R. 6085 
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 HOUSE OF REPRESENTATIVES 
AUGUST 10, 2010 
Mrs. MALONEY (for herself, Mr. POE of Texas, Ms. RICHARDSON, Mr. COHEN, 
and Mr. GORDON of Tennessee) introduced the following bill; which was 
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 Sex-
ual Assault Forensic Evidence Registry, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Sexual Assault Foren-
sic Evidence Registry Act of 2010’’ or the ‘‘SAFER Act 
of 2010’’. 
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SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL AS-
SAULT 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 sub-
section (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 ‘‘sub-
section (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 ap-
propriated under paragraph (1), there are author-
ized to be appropriated to the Attorney General for 
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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 in-
serting ‘‘subsection (j)(1)’’; and 
(6) by adding at the end the following new sub-
section: 
‘‘(n) USE OF FUNDS FOR AUDITING SEXUAL AS-
SAULT 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 es-
timate 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— 
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‘‘(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 As-
sault Forensic Evidence Registry estab-
lished under section 3 of the SAFER Act 
of 2010 the information listed in sub-
section (b)(1) of such section; 
‘‘(B) not later than 14 days after receiving 
possession of a sample of sexual assault evi-
dence 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 
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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
RE-
QUIREMENT.—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 anony-
mously 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 sam-
ple of sexual assault evidence, that— 
‘‘(i) the sample has been collected and 
is in the possession of a State or unit of 
local government; 
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‘‘(ii) DNA and other appropriate fo-
rensic analyses have not been performed on 
such sample; and 
‘‘(iii) the sample is related to a crimi-
nal case or investigation in which final dis-
position 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 sex-
ual assault evidence relates— 
‘‘(i) the conviction or acquittal of all 
suspected perpetrators of the crime in-
volved; 
‘‘(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 in-
dividual who is acting as an agent of the State 
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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 Reg-
istry (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 gov-
ernment 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 col-
lected. 
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(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 sam-
ple. 
(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 as-
sault for the sexual assault. 
(G) Such other information as the Attor-
ney General considers appropriate. 
(2) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The Attorney General shall ensure that the 
Registry does not include personally identifiable in-
formation or details about a sexual assault that 
might lead to the identification of the individuals in-
volved, 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 alpha-
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numeric 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 appro-
priate 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 infor-
mation into the Registry; and 
(2) provide the technical assistance necessary to 
allow States and units of local government to par-
ticipate in the Registry. 
(g) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
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$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, includ-
ing samples related to— 
(A) cases in which a suspect has been 
identified and cases in which a suspect has not 
been identified; and 
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the criminal justice system or cooperate with 
law enforcement; and 
(4) make recommendations with respect to noti-
fying a victim that the sample of sexual assault evi-
dence of the victim has been tested, including vic-
tims in cases— 
(A) that are actively being investigated (in-
cluding 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 Con-
gress that law enforcement agencies and other appropriate 
entities should use the best practices developed and dis-
seminated 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 Elimi-
nation 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 govern-
ment that have been awarded such grants and the 
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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 informa-
tion has been entered into the Sexual Assault Foren-
sic Evidence Registry established under section 3, 
including the number of samples that have not been 
tested. 
Æ 
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