[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3842 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3842

To protect crime victims' rights, to eliminate the substantial backlog 
of DNA samples collected from crime scenes and convicted offenders, to 
  improve and expand the DNA testing capacity of Federal, State, and 
 local crime laboratories, to increase research and development of new 
 DNA testing technologies, to develop new training programs regarding 
  the collection and use of DNA evidence, to provide post conviction 
   testing of DNA evidence to exonerate the innocent, to improve the 
 performance of counsel in State capital cases, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2010

Mr. Leahy (for himself, Mr. Franken, and Ms. Klobuchar) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
To protect crime victims' rights, to eliminate the substantial backlog 
of DNA samples collected from crime scenes and convicted offenders, to 
  improve and expand the DNA testing capacity of Federal, State, and 
 local crime laboratories, to increase research and development of new 
 DNA testing technologies, to develop new training programs regarding 
  the collection and use of DNA evidence, to provide post conviction 
   testing of DNA evidence to exonerate the innocent, to improve the 
 performance of counsel in State capital cases, 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 All Reauthorization Act 
of 2010''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    Section 3771 of title 18, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(9) The right to be informed of the rights under this 
        section and the services described in section 503(c) of the 
        Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
        10607(c)) and provided contact information for the Office of 
        the Victims' Rights Ombudsman of the Department of Justice.'';
            (2) in subsection (d)(3), in the fifth sentence, by 
        inserting ``, unless the litigants, with the approval of the 
        court, have stipulated to a different time period for 
        consideration'' before the period; and
            (3) in subsection (e)--
                    (A) by striking ``this chapter, the term'' and 
                inserting the following: ``this chapter:
            ``(1) Court of appeals.--The term `court of appeals' 
        means--
                    ``(A) for a violation of the United States Code, 
                the United States court of appeals for the judicial 
                district in which a defendant is being prosecuted; and
                    ``(B) for a violation of the District of Columbia 
                Code, the District of Columbia Court of Appeals.
            ``(2) Crime victim.--
                    ``(A) In general.--The term'';
                    (B) by striking ``In the case'' and inserting the 
                following:
                    ``(B) Minors and certain other victims.--In the 
                case''; and
                    (C) by adding at the end the following:
            ``(3) District court; court.--The terms `district court' 
        and `court' include the Superior Court of the District of 
        Columbia.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME VICTIMS.

    (a) Crime Victims Legal Assistance Grants.--Section 103(b) of the 
Justice for All Act of 2004 (Public Law 108-405; 118 Stat. 2264) is 
amended--
            (1) in paragraph (1), by striking ``$2,000,000'' and all 
        that follows through ``2009'' and inserting ``$5,000,000 for 
        each of fiscal years 2011, 2012, 2013, 2014, and 2015'';
            (2) in paragraph (2), by striking ``$2,000,000'' and all 
        that follows through ``2009,'' and inserting ``$5,000,000 for 
        each of fiscal years 2011, 2012, 2013, 2014, and 2015'';
            (3) in paragraph (3), by striking ``$300,000'' and all that 
        follows through ``2009,'' and inserting ``$500,000 for each of 
        fiscal years 2011, 2012, 2013, 2014, and 2015'';
            (4) in paragraph (4), by striking ``$7,000,000'' and all 
        that follows through ``2009,'' and inserting ``$11,000,000 for 
        each of fiscal years 2011, 2012, 2013, 2014, and 2015''; and
            (5) in paragraph (5), by striking ``$5,000,000'' and all 
        that follows through ``2009,'' and inserting ``$7,000,000 for 
        each of fiscal years 2011, 2012, 2013, 2014, and 2015''.
    (b) Crime Victims Notification Grants.--Section 1404E(c) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is amended by 
striking ``this
section--'' and all that follows and inserting ``this section 
$5,000,000 for each of the fiscal years 2011, 2012, 2013, 2014 and 
2015.''.

SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    (a) In General.--Section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135) is amended to read as follows:

``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `backlog for DNA case work' has the meaning 
        given that term by the Director, in accordance with subsection 
        (b)(3);
            ``(2) the term `Combined DNA Index System' means the 
        Combined DNA Index System of the Federal Bureau of 
        Investigation;
            ``(3) the term `Director' means the Director of the 
        National Institute of Justice;
            ``(4) the term `emergency response provider' has the 
        meaning given that term in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101); and
            ``(5) the term `State' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands.
    ``(b) Establishment of Protocols, Technical Assistance, and 
Definitions of Evidence Backlog for DNA Case Work.--
            ``(1) Protocols and practices.--Not later than 18 months 
        after the date of enactment of the Justice for All 
        Reauthorization Act of 2010, the Director shall develop and 
        publish a description of protocols and practices the Director 
        considers appropriate for the accurate, timely, and effective 
        collection and processing of DNA evidence, including protocols 
        and practices specific to sexual assault cases, which shall 
        address appropriate steps in the investigation of cases that 
        might involve DNA evidence, including--
                    ``(A) how to determine--
                            ``(i) which evidence is to be collected by 
                        law enforcement personnel and forwarded for 
                        testing;
                            ``(ii) the preferred order in which 
                        evidence from the same case is to be tested; 
                        and
                            ``(iii) the preferred order in which 
                        evidence from different cases is to be tested;
                    ``(B) the establishment of a reasonable period of 
                time in which evidence is to be forwarded by emergency 
                response providers, law enforcement personnel, and 
                prosecutors to a laboratory for testing;
                    ``(C) the establishment of reasonable periods of 
                time in which each stage of analytical laboratory 
                testing is to be completed; and
                    ``(D) systems to encourage communication within a 
                State or unit of local government among emergency 
                response providers, law enforcement personnel, 
                prosecutors, courts, defense counsel, crime laboratory 
                personnel, and crime victims regarding the status of 
                crime scene evidence to be tested.
            ``(2) Technical assistance and training.--The Director 
        shall make available technical assistance and training to 
        support States and units of local government in adopting and 
        implementing the protocols and practices developed under 
        paragraph (1) on and after the date on which the protocols and 
        practices are published.
            ``(3) Definition of backlog for dna case work.--The 
        Director shall develop and publish a definition of the term 
        `backlog for DNA case work' for purposes of this section--
                    ``(A) taking into consideration the different 
                stages at which a backlog may develop, including the 
                investigation and prosecution of a crime by law 
                enforcement personnel, prosecutors, and others, and the 
                laboratory analysis of crime scene samples; and
                    ``(B) which may include different criteria or 
                thresholds for the different stages.
    ``(c) Authorization of Grants for the Collection and Processing of 
DNA Evidence by Law Enforcement.--
            ``(1) Purpose.--The Attorney General may make grants to 
        States or units of local government which may be used to--
                    ``(A) ensure that the collection and processing of 
                DNA evidence from crimes, including sexual assault and 
                other serious violent crimes, is carried out in an 
                appropriate and timely manner;
                    ``(B) eliminate existing backlogs for DNA case 
                work, including backlogs from sexual assault cases; and
                    ``(C) ensure effective communication among 
                emergency response providers, law enforcement 
                personnel, prosecutors, courts, defense counsel, crime 
                laboratory personnel, and crime victims regarding the 
                status of crime scene evidence to be tested.
            ``(2) Application.--A State or unit of local government 
        desiring a grant under this subsection shall submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may require, which 
        shall include--
                    ``(A) providing assurances that the State or unit 
                of local government has implemented, or will implement 
                not later than 120 days after the date of the 
                application, a comprehensive plan for the expeditious 
                collection and processing of DNA evidence in accordance 
                with this section; and
                    ``(B) specifying the percentage of the amounts 
                received under the grant that the State or unit of 
                local government shall use for the purpose specified in 
                each of subparagraphs (A), (B), and (C) of paragraph 
                (1).
            ``(3) Collection and processing of samples.--A plan 
        described in paragraph (2)(A)--
                    ``(A) shall require a State or unit of local 
                government to--
                            ``(i) adopt the appropriate protocols and 
                        practices developed under subsection (b)(1); 
                        and
                            ``(ii) ensure that emergency response 
                        providers, law enforcement personnel, 
                        prosecutors, and crime laboratory personnel 
                        within the jurisdiction of the State or unit of 
                        local government receive training on the 
                        content and appropriate use of the protocols 
                        and practices; and
                    ``(B) may include the development and 
                implementation within the State or unit of local 
                government of an evidence tracking system to ensure 
                effective communication among emergency response 
                providers, law enforcement personnel, prosecutors, 
                defense counsel, courts, crime laboratory personnel, 
                and crime victims regarding the status of crime scene 
                evidence subject to DNA analysis.
            ``(4) Reporting and publication of dna backlogs.--
                    ``(A) In general.--A plan described in paragraph 
                (2)(A) shall require a State or unit of local 
                government to submit to the Attorney General an annual 
                report reflecting the current backlog for DNA case work 
                within the jurisdiction in which the funds are used, 
                which shall include--
                            ``(i) a specific breakdown of the number of 
                        sexual assault cases that are in a backlog for 
                        DNA case work and the percentage of the amounts 
                        received under the grant allocated to reducing 
                        the backlog of DNA case work in sexual assault 
                        cases;
                            ``(ii) for each case that is in a backlog 
                        for DNA case work, the identity of each agency, 
                        office, or contractor of the State or unit of 
                        local government in which work necessary to 
                        complete the DNA analysis is pending; and
                            ``(iii) any other information the Attorney 
                        General determines appropriate.
                    ``(B) Compilation.--The Attorney General shall 
                annually compile and publish the reports submitted 
                under subparagraph (A) on the website of the Department 
                of Justice.
    ``(d) Authorization of Grants for DNA Testing and Analysis by 
Laboratories.--
            ``(1) Purpose.--The Attorney General may make grants to 
        States or units of local government to--
                    ``(A) carry out, for inclusion in the Combined DNA 
                Index System, DNA analyses of samples collected under 
                applicable legal authority;
                    ``(B) carry out, for inclusion in the Combined DNA 
                Index System, DNA analyses of samples from crime 
                scenes, including samples from rape kits, samples from 
                other sexual assault evidence, and samples taken in 
                cases without an identified suspect;
                    ``(C) increase the capacity of laboratories owned 
                by the State or unit of local government to carry out 
                DNA analyses of samples specified in subparagraph (A) 
                or (B);
                    ``(D) collect DNA samples specified in subparagraph 
                (A); and
                    ``(E) ensure that DNA testing and analysis of 
                samples from crimes, including sexual assault and other 
                serious violent crimes, are carried out in a timely 
                manner.
            ``(2) Application.--A State or unit of local government 
        desiring a grant under this subsection shall submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may require, which 
        shall include--
                    ``(A) providing assurances that the State or unit 
                of local government has implemented, or will implement 
                not later than 120 days after the date of the 
                application, a comprehensive plan for the expeditious 
                DNA analysis of samples in accordance with this 
                section;
                    ``(B) certifying that each DNA analysis carried out 
                under the plan shall be maintained in accordance with 
                the privacy requirements described in section 
                210304(b)(3) of the Violent Crime Control and Law 
                Enforcement Act of 1994 (42 U.S.C. 14132(b)(3));
                    ``(C) specifying the percentage of the amounts 
                received under the grant that the State or unit of 
                local government shall use to carry out DNA analyses of 
                samples described in paragraph (1)(A) and the 
                percentage of the amounts the State or unit of local 
                government shall use to carry out DNA analyses of 
                samples described in paragraph (1)(B);
                    ``(D) specifying the percentage of the amounts 
                received under the grant that the State or unit of 
                local government shall use for a purpose described in 
                paragraph (1)(C);
                    ``(E) if submitted by a unit of local government, 
                certifying that the unit of local government has taken, 
                or is taking, all necessary steps to ensure that the 
                unit of local government is eligible to include in the 
                Combined DNA Index System, directly or through a State 
                law enforcement agency, all analyses of samples for 
                which the unit of local government has requested 
                funding; and
                    ``(F) specifying the percentage of the amounts 
                received under the grant that the State or unit of 
                local government shall use for the purpose described in 
                paragraph (1)(D).
            ``(3) Analysis of samples.--
                    ``(A) In general.--A plan described in paragraph 
                (2)(A) shall require that, except as provided in 
                subparagraph (C), each DNA analysis be carried out in a 
                laboratory that--
                            ``(i) satisfies quality assurance 
                        standards; and
                            ``(ii) is--
                                    ``(I) operated by the State or a 
                                unit of local government; or
                                    ``(II) operated by a private entity 
                                pursuant to a contract with the State 
                                or a unit of local government.
                    ``(B) Quality assurance standards.--
                            ``(i) In general.--The Director of the 
                        Federal Bureau of Investigation shall maintain 
                        and make available to States and units of local 
                        government a description of quality assurance 
                        protocols and practices that the Director of 
                        the Federal Bureau of Investigation considers 
                        adequate to assure the quality of a forensic 
                        laboratory.
                            ``(ii) Existing standards.--For purposes of 
                        this paragraph, a laboratory satisfies quality 
                        assurance standards if the laboratory satisfies 
                        the quality control requirements described in 
                        paragraphs (1) and (2) of section 210304(b) of 
                        the Violent Crime Control and Law Enforcement 
                        Act of 1994 (42 U.S.C. 14132(b)).
            ``(4) Use of vouchers or contracts for certain purposes.--
                    ``(A) In general.--A grant for a purpose specified 
                in subparagraph (A), (B), (E), or (F) of paragraph (1) 
                may be made in the form of a voucher or contract for 
                laboratory services, even if the laboratory makes a 
                reasonable profit for the services.
                    ``(B) Redemption.--A voucher or contract under 
                subparagraph (A) may be redeemed at a laboratory 
                operated on a nonprofit or for-profit basis, by a 
                private entity that satisfies quality assurance 
                standards and has been approved by the Attorney 
                General.
                    ``(C) Payments.--The Attorney General may use 
                amounts appropriated to carry out this section to make 
                payments to a laboratory described under subparagraph 
                (B).
            ``(5) Reporting and publication of dna backlogs.--
                    ``(A) In general.--A plan described in paragraph 
                (2)(A) shall require the State or unit of local 
                government to submit to the Attorney General an annual 
                report reflecting the backlog for DNA case work within 
                the jurisdiction in which the funds will be used, which 
                shall include--
                            ``(i) a specific breakdown of the number of 
                        sexual assault cases that are in a backlog for 
                        DNA case work and the percentage of the amounts 
                        received under the grant allocated to reducing 
                        the backlog of DNA case work in sexual assault 
                        cases;
                            ``(ii) for each case that is in a backlog 
                        for DNA case work, the identity of each agency, 
                        office, or contractor of the State or unit of 
                        local government in which work necessary to 
                        complete the DNA analysis is pending; and
                            ``(iii) any other information the Attorney 
                        General determines appropriate.
                    ``(B) Compilation.--The Attorney General shall 
                annually compile and publish the reports submitted 
                under subparagraph (A) on the website of the Department 
                of Justice.
    ``(e) Formula for Distribution of Grants.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Attorney General shall distribute grant amounts, and establish 
        appropriate grant conditions under this section, in conformity 
        with a formula or formulas that are designed to effectuate a 
        distribution of funds among States and units of local 
        government applying for grants under this section that--
                    ``(A) maximizes the effective use of DNA technology 
                to solve crimes and protect public safety; and
                    ``(B) allocates grants among States and units of 
                local government fairly and efficiently, across rural 
                and urban jurisdictions, to address States and units of 
                local government in which significant backlogs for DNA 
                case work exist, by considering--
                            ``(i) the number of offender and casework 
                        samples awaiting DNA analysis in a State or 
                        unit of local government;
                            ``(ii) the population in the State or unit 
                        of local government;
                            ``(iii) the number of part 1 violent crimes 
                        in the State or unit of local government; and
                            ``(iv) the availability of resources to 
                        train emergency response providers, law 
                        enforcement personnel, prosecutors, and crime 
                        laboratory personnel on the effectiveness of 
                        appropriate and timely DNA collection, 
                        processing, and analysis.
            ``(2) Minimum amount.--The Attorney General shall allocate 
        to each State not less than 0.50 percent of the total amount 
        appropriated in a fiscal year for grants under this section, 
        except that the United States Virgin Islands, American Samoa, 
        Guam, and the Northern Mariana Islands shall each be allocated 
        0.125 percent of the total amount appropriated in a fiscal year 
        for grants under this section.
            ``(3) Limitation.--In distributing grant amounts under 
        paragraph (1), the Attorney General shall ensure that for each 
        of fiscal years 2011 through 2015, not less than 40 percent of 
        the grant amounts are awarded for purposes described in 
        subsection (d)(1)(B).
    ``(f) Restrictions on Use of Fund.--
            ``(1) Nonsupplanting.--Funds made available under this 
        section shall not be used to supplant funds of a State or unit 
        of local government, and shall be used to increase the amount 
        of funds that would, in the absence of Federal funds, be made 
        available from the State or unit of local government for the 
        purposes described in this Act.
            ``(2) Administrative costs.--A State or unit of local 
        government may not use more than 3 percent of the amounts made 
        available under a grant under this section for administrative 
        expenses relating to the grant.
    ``(g) Reports to the Attorney 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 are expended, a report at such time and in such 
manner as the Attorney General may reasonably require, that contains--
            ``(1) 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; and
            ``(2) such other information as the Attorney General may 
        require.
    ``(h) Reports to Congress.--Not later than 90 days after the end of 
each fiscal year for which grants are made under this section, the 
Attorney General shall submit to Congress a report that includes--
            ``(1) the aggregate amount of grants made under this 
        section to each State or unit of local government for the 
        fiscal year;
            ``(2) a summary of the information provided by States or 
        units of local government receiving grants under this section; 
        and
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible States and units of local government, and 
        how the plan will ensure the effective use of DNA technology to 
        solve crimes and protect public safety.
    ``(i) Expenditure Records.--
            ``(1) In general.--Each State or unit of local government 
        that receives a grant under this section shall keep such 
        records as the Attorney General may require to facilitate an 
        effective audit of the receipt and use of grant funds received 
        under this section.
            ``(2) Access.--Each State or unit of local government that 
        receives a grant under this section shall make available, for 
        the purpose of audit and examination, any records relating to 
        the receipt or use of the grant.
    ``(j) Use of Funds for Accreditation and Audits.--The Attorney 
General may distribute not more than 1 percent of the amounts made 
available for grants under this section for a fiscal year--
            ``(1) to States or units of local government to defray the 
        costs incurred by laboratories operated by each such State or 
        unit of local government in preparing for accreditation or 
        reaccreditation;
            ``(2) in the form of additional grants to States, units of 
        local government, or nonprofit professional organizations of 
        persons actively involved in forensic science and nationally 
        recognized within the forensic science community to--
                    ``(A) defray the costs of external audits of 
                laboratories operated by the State or unit of local 
                government, which participates in the National DNA 
                Index System, to determine whether the laboratory is in 
                compliance with quality assurance standards;
                    ``(B) assess compliance with any plans submitted to 
                the Director that detail the use of funds received by 
                States or units of local government under this section; 
                and
                    ``(C) support capacity building efforts; and
            ``(3) in the form of additional grants to nonprofit 
        professional associations actively involved in forensic science 
        and nationally recognized within the forensic science community 
        to defray the costs of training persons who conduct external 
        audits of laboratories operated by States and units of local 
        government and which participate in the National DNA Index 
        System.
    ``(k) Use of Funds for Other Forensic Sciences.--The Attorney 
General may make a grant under this section to a State or unit of local 
government to alleviate a backlog of cases with respect to a forensic 
science other than DNA analysis if the State or unit of local 
government--
            ``(1) certifies to the Attorney General that in such State 
        or unit--
                    ``(A) all of the purposes set forth in subsections 
                (c) and (d) have been met;
                    ``(B) there is not a backlog for DNA case work, as 
                defined by the Director in accordance with subsection 
                (b)(3); and
                    ``(C) there is no need for significant laboratory 
                equipment, supplies, or additional personnel for timely 
                processing of DNA case work or offender samples; and
            ``(2) demonstrates to the Attorney General that the State 
        or unit of local government requires assistance in alleviating 
        a backlog of cases involving a forensic science other than DNA 
        analysis.
    ``(l) External Audits and Remedial Efforts.--If a laboratory 
operated by a State or unit of local government which has received 
funds under this section has undergone an external audit conducted to 
determine whether the laboratory is in compliance with standards 
established by the Director of the Federal Bureau of Investigation, 
and, as a result of the audit, identifies measures to remedy 
deficiencies with respect to the compliance by the laboratory with the 
standards, the State or unit of local government shall implement any 
such remediation as soon as practicable.
    ``(m) Penalty for Noncompliance.--
            ``(1) In general.--The Attorney General shall annually 
        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 subsection (c)(4)(A), 
        (d)(5)(A), or (g). The Attorney General shall publish each list 
        complied under this paragraph on the website of the Department 
        of Justice.
            ``(2) Reduction in grant funds.--For any State or local 
        government that the Attorney General determines has failed to 
        provide the information required under subsection (c)(4)(A), 
        (d)(5)(A), or (g), the Attorney General may not award a grant 
        under this section for the fiscal year after the fiscal year to 
        which the determination relates in an amount that is more than 
        50 percent of the amount the State or local government would 
        have otherwise received.
    ``(n) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General for grants under subsections (c) 
and (d) $151,000,000 for each of fiscal years 2011 through 2015.''.
    (b) Report.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Director of the Federal Bureau of 
        Investigation shall evaluate the policies, standards, and 
        protocols relating to the use of private laboratories in the 
        analysis of DNA evidence, including the mandatory technical 
        review of all outsourced DNA evidence by public laboratories 
        prior to uploading DNA profiles into the Combined DNA Index 
        System of the Federal Bureau of Investigation. The evaluation 
        shall take into consideration the need to reduce DNA evidence 
        backlogs while guaranteeing the integrity of the Combined DNA 
        Index System.
            (2) Report to congress.--Not later than 30 days after the 
        date on which the Director of the Federal Bureau of 
        Investigation completes the evaluation under paragraph (1), the 
        Director shall submit to Congress a report of the findings of 
        the evaluation and any proposed policy changes.
    (c) Transition Provision.--
            (1) Definition.--In this subsection, the term ``transition 
        date'' means the day after the latter of--
                    (A) the date on which the Director of the National 
                Institute of Justice publishes a definition of the term 
                ``backlog for DNA case work'' in accordance with 
                section 2(b)(3) of the DNA Analysis Backlog Elimination 
                Act of 2000, as amended by subsection (a); and
                    (B) the date on which the Director of the National 
                Institute of Justice publishes a description of 
                protocols and practices in accordance with section 
                2(b)(1) of the DNA Analysis Backlog Elimination Act of 
                2000, as amended by subsection (a).
            (2) Grant authority.--Notwithstanding the amendments made 
        by subsection (a)--
                    (A) the Attorney General may make grants under 
                section 2 of the DNA Analysis Backlog Elimination Act 
                of 2000 (42 U.S.C. 14135), as in effect on the day 
                before the date of enactment of this Act, until the 
                transition date; and
                    (B) the Attorney General may not make a grant under 
                section 2 of the DNA Analysis Backlog Elimination Act 
                of 2000, as amended by subsection (a), until the 
                transition date.

SEC. 5. RAPE EXAM PAYMENTS.

    Section 2010 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. 6. ADDITIONAL REAUTHORIZATIONS.

    (a) DNA Research and Development.--Section 305(c) of the Justice 
for All Act of 2004 (42 U.S.C. 14136b(c)) is amended by striking 
``fiscal years 2005 through 2009'' and inserting ``fiscal years 2011 
through 2015''.
    (b) FBI DNA Programs.--Section 307(a) of the Justice for All Act of 
2004 (Public Law 108-405; 118 Stat. 2275) is amended by striking 
``fiscal years 2005 through 2009'' and inserting ``fiscal years 2011 
through 2015''.
    (c) DNA Identification of Missing Persons.--Section 308(c) of the 
Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is amended by 
striking ``fiscal years 2005 through 2009'' and inserting ``fiscal 
years 2011 through 2015''.

SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.

    Section 1001(a)(24) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended--
            (1) in subparagraph (H), by striking ``and'' at the end;
            (2) in subparagraph (I), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(K) $35,000,000 for each of fiscal years 2011 
                through 2015.''.

SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN STATE CAPITAL CASES.

    Section 426 of the Justice for All Act of 2004 (42 U.S.C. 14163e) 
is amended--
            (1) in subsection (a), by striking ``$75,000,000 for each 
        of fiscal years 2005 through 2009'' and inserting ``$50,000,000 
        for each of fiscal years 2011 through 2015''; and
            (2) in subsection (b), by inserting before the period at 
        the end the following: ``, or upon a showing of good cause, and 
        at the discretion of the Attorney General, the State may 
        determine a fair allocation of funds across the uses described 
        in sections 421 and 422.''.

SEC. 9. POST-CONVICTION DNA TESTING.

    (a) In General.--Section 3600 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)(i), by striking ``death''; 
                and
                    (B) in paragraph (3)(A), by striking ``and the 
                applicant did not--'' and all that follows through 
                ``knowingly fail to request'' and inserting ``and the 
                applicant did not knowingly fail to request''; and
            (2) in subsection (g)(2)(B), by striking ``death''.
    (b) Preservation of Biological Evidence.--Section 3600A(c) of title 
18, United States Code, is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively.

SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS 
              OF ACTUAL INNOCENCE.

    (a) In General.--Section 413 of the Justice for All Act of 2004 (42 
U.S.C. 14136 note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fiscal years 2005 through 2009'' and inserting ``fiscal years 
        2011 through 2015''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) provide a certification by the chief legal officer of 
        the State in which the eligible entity operates or the chief 
        legal officer of the jurisdiction in which the funds will be 
        used for the purposes of the grants, that the State or 
        jurisdiction--
                    ``(A) provides DNA testing of specified evidence 
                under a State statute to persons convicted after trial 
                and under a sentence of imprisonment or death for a 
                State felony offense, in a manner that ensures a 
                reasonable process for resolving claims of actual 
                innocence consistent with section 3600(a) of title 18, 
                United States Code (which may include making post-
                conviction DNA testing available in cases in which the 
                testing would not be required under that section) and, 
                if the results of the testing exclude the applicant as 
                the perpetrator of the offense, permits the applicant 
                to apply for post-conviction relief, notwithstanding 
                any provision of law that would otherwise bar the 
                application as untimely; and
                    ``(B) preserves biological evidence under a State 
                statute or a State or local rule, regulation, or 
                practice in a manner intended to ensure that reasonable 
                measures are taken by the State or jurisdiction to 
                preserve biological evidence secured in relation to the 
                investigation or prosecution of a State felony offense 
                (including, at a minimum murder, non-negligent 
                manslaughter and sexual offenses) in a manner 
                consistent with section 3600A of title 18, United 
                States (which may require preservation of biological 
                evidence for longer than the period of time that the 
                evidence would be required to be preserved under that 
                section).''.
    (b) Authorization of Appropriations.--Section 412(b) of the Justice 
for All Act of 2004 (42 U.S.C. 14136e(b)) is amended--
            (1) by striking ``fiscal years 2005 through 2009'' and 
        inserting ``fiscal years 2011 through 2015''; and
            (2) by striking ``$5,000,000'' and inserting 
        ``$10,000,000''.

SEC. 11. ESTABLISHMENT OF NATIONAL STANDARDS PROMULGATED BY NIJ.

    (a) In General.--Subtitle A of title IV of the Justice for All Act 
of 2004 (Public Law 108-405; 118 Stat. 2278) is amended by adding at 
the end the following:

``SEC. 414. ESTABLISHMENT OF NATIONAL STANDARDS PROMULGATED BY NIJ.

    ``(a) In General.--The Director of the National Institute of 
Justice shall--
            ``(1) establish best practices for evidence retention; and
            ``(2) assist State, local, and tribal governments in 
        adopting and implementing the best practices established under 
        paragraph (1).
    ``(b) Deadline.--Not later than 1 year after the date of enactment 
of this section, the Director of the National Institute of Justice 
shall publish the best practices established under subsection 
(a)(1).''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Justice for All Act of 2004 (Public Law 108-405; 
118 Stat. 2260) is amended by inserting after the item relating to 
section 413 the following:

``Sec. 414. Establishment of national standards promulgated by NIJ.''.

SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

    (a) Short Title.--This section may be cited as the ``Effective 
Administration of Criminal Justice Act of 2010''.
    (b) Strategic Planning.--Section 502 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is 
amended--
            (1) by inserting ``(a) In General.--'' before ``To request 
        a grant''; and
            (2) by adding at the end the following:
            ``(6) A comprehensive State-wide plan detailing how grants 
        received under this section will be used to improve the 
        administration of the criminal justice system, which shall--
                    ``(A) be designed in consultation with local 
                governments, and all segments of the criminal justice 
                system, including judges, prosecutors, law enforcement 
                personnel, corrections personnel, and providers of 
                indigent defense services, victim services, juvenile 
                justice delinquency prevention programs, community 
                corrections, and reentry services;
                    ``(B) include a description of how the State will 
                allocate funding within and among each of the uses 
                described in subparagraphs (A) through (G) of section 
                501(a)(1);
                    ``(C) describe the process used by the State for 
                gathering evidence-based data and developing and using 
                evidence-based and evidence-gathering approaches in 
                support of funding decisions; and
                    ``(D) be updated every 5 years, with annual 
                progress reports that--
                            ``(i) address changing circumstances in the 
                        State, if any;
                            ``(ii) describe how the State plans to 
                        adjust funding within and among each of the 
                        uses described in subparagraphs (A) through (G) 
                        of section 501(a)(1);
                            ``(iii) provide an ongoing assessment of 
                        need;
                            ``(iv) discuss the accomplishment of goals 
                        identified in any plan previously prepared 
                        under this paragraph; and
                            ``(v) reflect how the plan influenced 
                        funding decisions in the previous year.
    ``(b) Technical Assistance.--
            ``(1) Strategic planning.--Not later than 90 days after the 
        date of enactment of this subsection, the Attorney General 
        shall begin to provide technical assistance to States and local 
        governments requesting support to develop and implement the 
        strategic plan required under subsection (a)(6).
            ``(2) Protection of constitutional rights.--Not later than 
        90 days after the date of enactment of this subsection, the 
        Attorney General shall begin to provide technical assistance to 
        States and local governments, including any agent thereof with 
        responsibility for administration of justice, requesting 
        support to meet the obligations established by the Sixth 
        Amendment to the Constitution of the United States, which shall 
        include--
                    ``(A) public dissemination of practices, 
                structures, or models for the administration of justice 
                consistent with the requirements of the Sixth 
                Amendment; and
                    ``(B) assistance with adopting and implementing a 
                system for the administration of justice consistent 
                with the requirements of the Sixth Amendment.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated $5,000,000 for each of fiscal years 2011 
        through 2015 to carry out this subsection.''.
    (c) Protection of Constitutional Rights.--
            (1) Unlawful conduct.--It shall be unlawful for any 
        governmental authority, or any agent thereof, or any person 
        acting on behalf of a governmental authority, to engage in a 
        pattern or practice of conduct by officials or employees of any 
        governmental agency with responsibility for the administration 
        of justice, including the administration of programs or 
        services that provide appointed counsel to indigent defendants, 
        that deprives persons of their rights to assistance of counsel 
        as protected under the Sixth Amendment and Fourteenth Amendment 
        to the Constitution of the United States.
            (2) Civil action by attorney general.--Whenever the 
        Attorney General has reasonable cause to believe that a 
        violation of paragraph (1) has occurred, the Attorney General, 
        for or in the name of the United States, may, in a civil 
        action, obtain appropriate equitable and declaratory relief to 
        eliminate the pattern or practice.
            (3) Effective date.--This subsection shall take effect 2 
        years after the date of enactment of this Act.
                                 <all>