I 
112TH CONGRESS 
1ST SESSION H. R. 2197 
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
provide incentives to States and units of local government under the 
Edward Byrne Memorial Justice Assistance Grant Program for providing 
certain services to victims of sexual assault or rape, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 15, 2011 
Mr. NADLER (for himself, Mr. GRIJALVA, Mr. HASTINGS of Florida, Ms. LEE 
of California, Ms. NORTON, Ms. SCHAKOWSKY, Mr. STARK, and Mr. 
TOWNS) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to provide incentives to States and units 
of local government under the Edward Byrne Memorial 
Justice Assistance Grant Program for providing certain 
services to victims of sexual assault or rape, 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 ‘‘Justice for Rape Vic-
tims and Improving Use of DNA Evidence Act of 2011’’. 
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SEC. 2. INCENTIVE FUNDS UNDER THE BYRNE GRANT PRO-
GRAM FOR STATES AND UNITS OF LOCAL 
GOVERNMENT 
THAT 
PROVIDE 
CERTAIN 
SERVICES TO VICTIMS OF SEXUAL ASSAULT. 
Section 505 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3754) is amended by add-
ing at the end the following new subsection: 
‘‘(i) INCENTIVE FUNDS FOR PROVIDING CERTAIN 
SERVICES TO VICTIMS OF SEXUAL ASSAULT AND ESTAB-
LISHING RAPE KIT DATABASES.— 
‘‘(1) IN
GENERAL.—The amounts allocated 
under this section to a State or unit of local govern-
ment for a fiscal year (beginning with the first fiscal 
year that begins at least one year after the date of 
the enactment of this subsection) shall be increased 
by 10 percent if such State or unit of local govern-
ment provides and certifies, in accordance with such 
standards as the Attorney General may require, that 
the State or unit of local government had in effect, 
for the previous fiscal year, each of the following: 
‘‘(A) EXAMINATION AND TESTING OF RAPE 
KIT.—A process to provide to each victim of 
sexual assault, with respect to an act of sexual 
assault over which the State or unit of local 
government has jurisdiction, each of the fol-
lowing: 
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‘‘(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 physician 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 eligible to receive under this sub-
section, the Attorney General shall ratably re-
duce the percentage of the increase described in 
the matter preceding subparagraph (A) of para-
graph (1) until there are sufficient funds to 
provide an allotment of incentive funds under 
this section to all States and units of local gov-
ernment that are eligible to receive such incen-
tive funds. 
‘‘(B) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to funds made available 
under section 508, there are authorized to be 
appropriated for incentive funds under this sub-
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section such sums as may be necessary for each 
of the fiscal years 2012 through 2016. 
‘‘(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. 13925(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 institution of higher edu-
cation (as defined in section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002)), for 
the collection of rape kits from victims of sexual 
assault. 
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‘‘(E) The term ‘tested’ means, with respect 
to a rape kit, that such rape kit has undergone 
forensic analysis. 
‘‘(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; 
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(3) by striking ‘‘(g) REPORTS TO CONGRESS— 
Not’’ and inserting the following: 
‘‘(g) REPORTS TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not’’; and 
(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 an annual study to determine the ex-
tent of the backlog in the United States relat-
ing to the analysis of DNA samples collected 
from crime scenes, victims, suspects, arrestees, 
and convicted offenders. Such study shall deter-
mine 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. 
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