‘‘(II) To criminal justice agencies 
for law enforcement identification pur-
poses. 
‘‘(III) In judicial proceedings, if 
otherwise admissible pursuant to ap-
plicable statutes or rules. 
‘‘(IV) To a physican or nurse 
who is treating a victim of sexual as-
sault from whom the rape kit was col-
lected for injuries resulting from the 
sexual assault of such victim or with 
respect to the collection of such rape 
kit, but only insofar as the informa-
tion relates to such treatment. 
‘‘(V) To the victim of sexual as-
sault from whom the rape kit was col-
lected, if the information made avail-
able is limited to information relating 
to the rape kit collected from such vic-
tim. 
‘‘(iii) Information contained in such 
database shall be searchable by any of the 
criteria specified in clause (i), subject to 
the availability of such information under 
clause (ii). 
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‘‘(iv) Access for purposes of data 
entry and editing (including updating) of 
such database shall be limited to appro-
priate individuals of a State or local law 
enforcement agency. 
‘‘(2) FUNDING.— 
‘‘(A) RATABLE REDUCTION FOR INSUFFI-
CIENT FUNDS.—If there are insufficient funds 
for a fiscal year to allocate to each State or 
unit of local government the amount of incen-
tive funds that such State or unit of local gov-
ernment is otherwise eligible to receive under 
this subsection, the Attorney General shall rat-
ably reduce the allotment to all States and 
units of local government based on the propor-
tionate share each State or unit of local govern-
ment received under this section (before the ap-
plication of this subsection) for the preceding 
fiscal year. 
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to funds made available 
under section 508, there is authorized to be ap-
propriated for incentive funds under this sub-
section such sums as may be necessary for each 
of the fiscal years 2011 through 2015. 
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‘‘(3) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) The term ‘sexual assault’ has the 
meaning given such term in section 40002(a) of 
the Violence Against Women Act of 1994 (42 
U.S.C. 13925a(a)). 
‘‘(B) The term ‘victim of sexual assault’ 
means an individual who seeks medical treat-
ment or care for an injury sustained as a result 
of sexual assault and reports such injury to a 
local or State law enforcement officer or agen-
cy. 
‘‘(C) The term ‘rape kit’ means DNA evi-
dence obtained related to sexual assault. 
‘‘(D) The term ‘qualified sexual assault 
nurse examiner’ means a nurse that has ob-
tained certification from a hospital, govern-
mental entity, or an appopriate institution of 
higher education (as defined in section 102 of 
the Higher Education Act of 1965 (20 U.S.C. 
1002)), for the collection of rape kits from vic-
tims of sexual assault. 
‘‘(E) The term ‘tested’ means, with respect 
to a rape kit, that such rape kit has undergone 
forensic analysis. 
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‘‘(F) The term ‘unique identifying number’ 
means a series of letters, numbers, or a com-
bination thereof, that a law enforcement agency 
assigns to a rape kit that— 
‘‘(i) such agency receives in connec-
tion with an act of sexual assault; and 
‘‘(ii) is used in place of the name of 
a victim of sexual assault in the database 
established under this subsection except if 
the person accessing the database is the 
victim of sexual assault or a member of a 
law enforcement agency.’’. 
SEC. 3. STUDY AND REPORT ON DNA BACKLOG. 
Subsection (g) of section 2 of the DNA Analysis 
Backlog Elimination Act of 2000 (42 U.S.C. 14135(g)) 
is amended— 
(1) by redesignating paragraphs (1), (2), and 
(3) as subparagraphs (A), (B), and (C), respectively; 
(2) by moving subparagraphs (A), (B), and (C) 
(as so redesignated by paragraph (1) of this section) 
two ems to the right; 
(3) by striking ‘‘(g) REPORTS TO CONGRESS— 
Not’’ and inserting the following: 
‘‘(g) REPORTS TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not’’; and 
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(4) by adding at the end the following new 
paragraph: 
‘‘(2) STUDY
AND
REPORT
TO
CONGRESS
ON 
DNA BACKLOG.— 
‘‘(A) STUDY.—The Attorney General shall 
conduct a study to determine the extent of the 
backlog in the United States relating to the 
analysis of DNA samples collected from crime 
scenes, victims, suspects, arrestees, and con-
victed offenders. Such study shall determine the 
following: 
‘‘(i) The number of each of the fol-
lowing: 
‘‘(I) DNA samples that have 
been prepared to be sent to a public 
or private crime laboratory for foren-
sic analysis but have not been sent to 
such laboratory. 
‘‘(II) Investigations for which 
DNA samples described in subclause 
(I) have been collected. 
‘‘(III) DNA samples that have 
been received by a public or private 
crime laboratory for forensic analysis 
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but have not yet been tested at such 
laboratory. 
‘‘(IV) Investigations for which 
DNA samples described in subclause 
(III) have been collected. 
‘‘(ii) For each DNA sample and for 
each investigation for which such samples 
exist, the average duration of the following 
periods: 
‘‘(I) The period beginning on the 
date that is 30 days after the date 
each sample is collected from victims 
of sexual assault and ending on the 
date each sample is sent to a public or 
private crime laboratory to be tested. 
‘‘(II) The period beginning on 
the date that is 30 days after the date 
each sample is received by a public or 
private crime laboratory and ending 
on the date each sample is tested at 
each such laboratory. 
‘‘(B) REPORT.—Not later than two years 
after the date of the enactment of this Act and 
for each year thereafter, the Attorney General 
shall submit to Congress a report containing— 
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‘‘(i) the results of the study conducted 
under subparagraph (A); 
‘‘(ii) a statistical analysis of the data 
contained in such study, disaggregated by 
jurisdiction, criminal offense, type of DNA 
evidence tested, if available, and any other 
category of information the Attorney Gen-
eral may require; and 
‘‘(iii) recommendations on how to re-
duce— 
‘‘(I) the number of DNA samples 
and investigations that are subject to 
the conditions described in subpara-
graph (A)(i); and 
‘‘(II) the average duration of the 
periods described in subparagraph 
(A)(ii). 
‘‘(C) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) The term ‘DNA sample’ means 
evidence containing human DNA collected 
by Federal, State, local, or tribal law en-
forcement agencies. 
‘‘(ii) The term ‘investigation’ includes 
any investigatory action taken by a Fed-
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eral, State, tribal, or local law enforcement 
agency relating to an act of sexual assault 
after such agency receives a report of such 
act. 
‘‘(iii) The term ‘tested’ means, with 
respect to a DNA sample that such sample 
has undergone forensic analysis.’’. 
Æ 
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