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
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 
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‘‘(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; 
‘‘(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; 
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‘‘(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 
or unit of local government for the collection of 
the sample.’’. 
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 of this Act, is further amended by 
adding at the end the following new subsection: 
‘‘(o) SEXUAL ASSAULT FORENSIC EVIDENCE REG-
ISTRY.— 
‘‘(1) IN GENERAL.—Subject to subsection (j), 
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— 
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‘‘(A) allows States and units of local gov-
ernment 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 
‘‘(B) 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 informa-
tion into the Registry about a sample of sexual 
assault evidence shall include the following in-
formation: 
‘‘(i) The date of the sexual assault to 
which the sample relates. 
‘‘(ii) The city, county, or other appro-
priate locality where the sexual assault oc-
curred. 
‘‘(iii) The date on which the sample 
was collected. 
‘‘(iv) The date on which information 
about the sample was entered into the 
Registry. 
‘‘(v) The status of the progression of 
the sample through testing and other 
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stages of the evidentiary handling process, 
including the identity of the entity in pos-
session of the sample. 
‘‘(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 perpe-
trator of the sexual assault for the sexual 
assault. 
‘‘(vii) Such other information as the 
Attorney General considers appropriate. 
‘‘(B) PERSONALLY IDENTIFIABLE INFOR-
MATION.—The Attorney General shall ensure 
that the Registry does not include personally 
identifiable information or details about a sex-
ual assault that might lead to the identification 
of the individuals involved, except the informa-
tion listed in subparagraph (A). 
‘‘(3) 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 as-
signing the identifier, a State or unit of local govern-
ment may use a case-numbering system used for 
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other purposes, but the Attorney General shall en-
sure 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 infor-
mation 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 Gen-
eral shall make the Registry accessible to the public 
on an appropriate Internet website. 
‘‘(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 nec-
essary to allow States and units of local govern-
ment to participate in the Registry.’’. 
(b) FUNDING.—Section 2(j) of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is 
amended— 
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(1) by inserting ‘‘and for carrying out sub-
section (o)’’ after ‘‘for grants under subsection (a)’’; 
and 
(2) by adding at the end the following new sen-
tence: ‘‘For each of the fiscal years 2012 through 
2016, not less than 1 percent of the amount author-
ized to be appropriated under the previous sentence 
for such fiscal year shall be for carrying out sub-
section (o).’’ 
SEC. 4. REPORT ON BEST PRACTICES FOR TESTING AND 
USE OF DNA EVIDENCE. 
(a) IN GENERAL.—Not later than 2 years 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— 
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(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 
(B) cases in which the assault was com-
mitted by a stranger and cases in which the as-
sault was committed by someone known to the 
victim; 
(2) describe the protocols for appropriately han-
dling 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 com-
mitted by a stranger and cases in which the as-
sault was committed by someone known to the 
victim; 
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(C) cases in which prosecution of a perpe-
trator is barred by an applicable statute of limi-
tations; and 
(D) cases in which forensic evidence has 
been collected from a victim who, pursuant to 
section 2010(d)(1) of the Omnibus Crime Con-
trol 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 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. 
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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 
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(2) 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 2(o) 
of the DNA Analysis Backlog Act of 2000, as added 
by section 3 of this Act, including the number of 
samples that have not been tested. 
Æ 
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