[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for Survivors of Sexual 
Assault Act of 2011''.

SEC. 2. RAPE EXAM PAYMENTS.

    Section 2010 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-4) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``entity incurs the full'' and 
                inserting the following: ``entity--
                    ``(A) incurs the full'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) coordinates with regional health care 
                providers to notify victims of sexual assault of the 
                availability of rape exams at no cost to the 
                victims.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by adding ``or'' at the end;
                    (B) in paragraph (2), by striking ``; or'' and 
                inserting a period; and
                    (C) by striking paragraph (3); and
            (3) in subsection (d), by striking ``(d) Rule of 
        Construction.--'' and all that follows through the end of 
        paragraph (1) and inserting the following:
    ``(d) Noncooperation.--
            ``(1) In general.--To be in compliance with this section, a 
        State, Indian tribal government, or unit of local government 
        shall comply with subsection (b) without regard to whether the 
        victim participates in the criminal justice system or 
        cooperates with law enforcement.''.

SEC. 3. ADDITIONAL DEBBIE SMITH GRANT REQUIREMENTS.

    Section 2(f) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(f)) is amended to read as follows:
    ``(f) Reports to the Attorney General.--
            ``(1) In general.--Each State or unit of local government 
        that receives a grant under this section shall submit to the 
        Attorney General, for each year in which funds from a grant 
        received under this section is expended, a report at such time 
        and in such manner as the Attorney General may reasonably 
        require, which contains--
                    ``(A) a summary of the activities carried out under 
                the grant and an assessment of whether such activities 
                are meeting the needs identified in the application;
                    ``(B) a specific breakdown of the number of sexual 
                assault cases that are in a backlog for DNA case work;
                    ``(C) the percentage of the amounts received under 
                the grant allocated to reducing the backlog of DNA case 
                work in sexual assault cases; and
                    ``(D) such other information as the Attorney 
                General may require.
            ``(2) Penalty for noncompliance.--
                    ``(A) Annual list.--The Attorney General shall on 
                an annual basis--
                            ``(i) compile a list of the States and 
                        units of local government receiving a grant 
                        under this section that have failed to provide 
                        the information required under paragraph (1); 
                        and
                            ``(ii) publish each list compiled under 
                        clause (i) on the Web site of the Department of 
                        Justice.
                    ``(B) Penalty.--If the Attorney General determines 
                that a State or unit of local government has failed to 
                provide the information required under paragraph (1), 
                the Attorney General may not award a grant to the State 
                or unit of local government under this section for the 
                fiscal year beginning after the fiscal year in which 
                the determination was made in an amount that is more 
                than 50 percent of the amount the State or unit of 
                local government would have otherwise received under 
                this section.''.
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