[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 822 Reported in Senate (RS)]

                                                       Calendar No. 241
113th CONGRESS
  1st Session
                                 S. 822

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

                             April 25, 2013

Mr. Leahy (for himself, Mr. Cornyn, Mr. Coons, Mr. Udall of New Mexico, 
Mr. McConnell, Ms. Klobuchar, Mr. Franken, Mr. Portman, Mrs. Feinstein, 
  Mr. Hatch, Mr. Schumer, and Ms. Landrieu) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                            November 7, 2013

                 Reported by Mr. Leahy, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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 2013''.

SEC. 2. CRIME VICTIMS' RIGHTS.

    (a) In General.--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 in a timely manner of any 
        plea bargain or deferred prosecution agreement.
            ``<DELETED>(9)</DELETED> (10) 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) the United States court of appeals for the 
                judicial district in which a defendant is being 
                prosecuted; or
                    ``(B) for a prosecution in the Superior Court of 
                the District of Columbia, 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.''.
<DELETED>    (b) Crime Victims Fund.--Section 1402(d)(3) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(d)(3) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' before ``Of the sums''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(B) Amounts made available under subparagraph 
        (A) may not be used for any purpose that is not specified in 
        subparagraph (A).''.</DELETED>
    (b) Crime Victims Fund.--Section 1402(d)(3) of the Victims of Crime 
Act of 1984 (42 U.S.C. 10601(d)(3)) is amended--
            (1) by inserting ``(A)'' before ``Of the sums''; and
            (2) by striking ``available for the United States Attorneys 
        Offices'' and all that follows and inserting the following: 
        ``available only for--
                            ``(i) the United States Attorneys Offices 
                        and the Federal Bureau of Investigation to 
                        provide and improve services for the benefit of 
                        crime victims in the Federal criminal justice 
                        system (as described in 3771 of title 18, 
                        United States Code, and section 503 of the 
                        Victims' Rights and Restitution Act of 1990 (42 
                        U.S.C. 10607)) through victim coordinators, 
                        victims' specialists, and advocates, including 
                        for the administrative support of victim 
                        coordinators and advocates providing such 
                        services; and
                            ``(ii) a Victim Notification System.
                    ``(B) Amounts made available under subparagraph (A) 
                may not be used for any purpose that is not specified 
                in clause (i) or (ii) of subparagraph (A).''.
    (c) Appellate Review of Petitions Relating to Crime Victims' 
Rights.--
            (1) In general.--Section 3771(d)(3) of title 18, United 
        States Code, as amended by subsection (a)(2) of this section, 
        is amended by inserting after the fifth sentence the following: 
        ``In deciding such application, the court of appeals shall 
        apply ordinary standards of appellate review.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply with respect to any petition for a writ of mandamus filed 
        under section 3771(d)(3) of title 18, United States Code, that 
        is pending on the date of enactment of this Act.

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 2014, 2015, 2016, 2017, and 2018'';
            (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 2014, 2015, 2016, 2017, and 2018'';
            (3) in paragraph (3), by striking ``$300,000'' and all that 
        follows through ``2009,'' and inserting ``$500,000 for each of 
        fiscal years 2014, 2015, 2016, 2017, and 2018'';
            (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 2014, 2015, 2016, 2017, and 2018''; 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 2014, 2015, 2016, 2017, and 2018''.
    (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 fiscal years 2014, 2015, 2016, 2017, and 
2018.''.

SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(j)) is amended by striking ``fiscal years 2009 through 
2014'' and inserting ``fiscal years 2014 through 2018''.

SEC. 5. RAPE EXAM PAYMENTS.

    Section 2010(d)(2) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-4(d)(2)) is amended by striking 
``enactment of this Act'' and inserting ``enactment of the Violence 
Against Women Reauthorization Act of 2013''.

SEC. 6. ADDITIONAL REAUTHORIZATIONS.

    (a) DNA Training and Education for Law Enforcement.--Section 303(b) 
of the Justice for All Act of 2004 (42 U.S.C. 14136(b)) is amended by 
striking ``$12,500,000 for each of fiscal years 2009 through 2014'' and 
inserting ``$5,000,000 for each of fiscal years 2014 through 2018''.
    (b) Sexual Assault Forensic Exam Program Grants.--Section 304(c) of 
the Justice for All Act of 2004 (42 U.S.C. 14136a(c)) is amended by 
striking ``$30,000,000 for each of 2014 through 2018'' and inserting 
``$15,000,000 for each of fiscal years 2014 through 2018''.
    (c) 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 
``$15,000,000 for each of fiscal years 2005 through 2009'' and 
inserting ``$5,000,000 for each of fiscal years 2014 through 2018''.
    (d) 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 
``$42,100,000 for each of fiscal years 2005 through 2009'' and 
inserting ``$10,000,000 for each of fiscal years 2014 through 2018''.
    (e) 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 2014 through 2018''.

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:
                    ``(J) $25,000,000 for each of fiscal years 2014 
                through 2018.''.

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 ``$30,000,000 
        for each of fiscal years 2014 through 2018''; 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 
        2014 through 2018''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) for eligible entities that are a State or unit of 
        local government, 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 or a State or local rule or 
                regulation to persons convicted after trial and under a 
                sentence of imprisonment or death for a State felony 
                offense, in a manner intended to ensure a reasonable 
                process for resolving claims of actual innocence that 
                ensures post-conviction DNA testing in at least those 
                cases that would be covered by section 3600(a) of title 
                18, United States Code, had they been Federal cases, 
                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, as defined in 
                section 3600A of title 18, United States Code, 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, at a minimum, murder, 
                non-negligent manslaughter and sexual offenses.''.
    (b) Authorization of Appropriations.--Section 412(b) of the Justice 
for All Act of 2004 (42 U.S.C. 14136e(b)) is amended by striking 
``$5,000,000 for each of fiscal years 2005 through 2009'' and inserting 
``$10,000,000 for each of fiscal years 2014 through 2018''.

SEC. 11. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE RETENTION.

    (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 BEST PRACTICES FOR EVIDENCE RETENTION.

    ``(a) In General.--The Director of the National Institute of 
Justice, in consultation with Federal, State, and local law enforcement 
agencies and government laboratories, shall--
            ``(1) establish best practices for evidence retention to 
        focus on the preservation of biological evidence; 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).
    ``(c) Limitation.--Nothing in this section shall be construed to 
require or obligate compliance with 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 best practices for evidence retention.''.

SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

    (a) Short Title.--This section may be cited as the ``Effective 
Administration of Criminal Justice Act of 2013''.
    (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 2014 
        through 2018 to carry out this subsection.''.
    (c) Applicability.--The requirement to submit a strategic plan 
under section 501(a)(6) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as added by subsection (b), shall apply to 
any application submitted under such section 501 for a grant for any 
fiscal year beginning after the date that is 1 year after the date of 
enactment of this Act.

SEC. 13. OVERSIGHT AND ACCOUNTABILITY.

    All grants awarded by the Department of Justice that are authorized 
under this Act shall be subject to the following:
            (1) Audit requirement.--Beginning in fiscal year 2014, and 
        each fiscal year thereafter, the Inspector General of the 
        Department of Justice shall conduct audits of recipients of 
        grants under this Act to prevent waste, fraud, and abuse of 
        funds by grantees. The Inspector General shall determine the 
        appropriate number of grantees to be audited each year.
            (2) Mandatory exclusion.--A recipient of grant funds under 
        this Act that is found to have an unresolved audit finding 
        shall not be eligible to receive grant funds under this Act 
        during the 2 fiscal years beginning after the 12-month period 
        described in paragraph (5).
            (3) Priority.--In awarding grants under this Act, the 
        Attorney General shall give priority to eligible entities that, 
        during the 3 fiscal years before submitting an application for 
        a grant under this Act, did not have an unresolved audit 
        finding showing a violation in the terms or conditions of a 
        Department of Justice grant program.
            (4) Reimbursement.--If an entity is awarded grant funds 
        under this Act during the 2-fiscal-year period in which the 
        entity is barred from receiving grants under paragraph (2), the 
        Attorney General shall--
                    (A) deposit an amount equal to the grant funds that 
                were improperly awarded to the grantee into the General 
                Fund of the Treasury; and
                    (B) seek to recoup the costs of the repayment to 
                the fund from the grant recipient that was erroneously 
                awarded grant funds.
            (5) Defined term.--In this section, the term ``unresolved 
        audit finding'' means an audit report finding in the final 
        audit report of the Inspector General of the Department of 
        Justice that the grantee has utilized grant funds for an 
        unauthorized expenditure or otherwise unallowable cost that is 
        not closed or resolved within a 12-month period beginning on 
        the date when the final audit report is issued.
            (6) Nonprofit organization requirements.--
                    (A) Definition.--For purposes of this section and 
                the grant programs described in this Act, the term 
                ```nonprofit organization''' means an organization that 
                is described in section 501(c)(3) of the Internal 
                Revenue Code of 1986 and is exempt from taxation under 
                section 501(a) of such Code.
                    (B) Prohibition.--The Attorney General shall not 
                award a grant under any grant program described in this 
                Act to a nonprofit organization that holds money in 
                offshore accounts for the purpose of avoiding paying 
                the tax described in section 511(a) of the Internal 
                Revenue Code of 1986.
                    (C) Disclosure.--Each nonprofit organization that 
                is awarded a grant under a grant program described in 
                this Act and uses the procedures prescribed in 
                regulations to create a rebuttable presumption of 
                reasonableness for the compensation of its officers, 
                directors, trustees and key employees, shall disclose 
                to the Attorney General, in the application for the 
                grant, the process for determining such compensation, 
                including the independent persons involved in reviewing 
                and approving such compensation, the comparability data 
                used, and contemporaneous substantiation of the 
                deliberation and decision. Upon request, the Attorney 
                General shall make the information disclosed under this 
                subsection available for public inspection.
            (7) Administrative expenses.--Unless otherwise explicitly 
        provided in authorizing legislation, not more than 7.5 percent 
        of the amounts authorized to be appropriated under this Act may 
        be used by the Attorney General for salaries and administrative 
        expenses of the Department of Justice.
            (8) Conference expenditures.--
                    (A) Limitation.--No amounts authorized to be 
                appropriated to the Department of Justice under this 
                Act may be used by the Attorney General or by any 
                individual or organization awarded discretionary funds 
                through a cooperative agreement under this Act, to host 
                or support any expenditure for conferences that uses 
                more than $20,000 in Department funds, unless the 
                Deputy Attorney General or the appropriate Assistant 
                Attorney General, Director, or principal deputy as the 
                Deputy Attorney General may designate, provides prior 
                written authorization that the funds may be expended to 
                host a conference.
                    (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food and beverages, audio/visual equipment, 
                honoraria for speakers, and any entertainment.
                    (C) Report.--The Deputy Attorney General shall 
                submit an annual report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on all 
                conference expenditures approved by operation of this 
                paragraph.
            (9) Prohibition on lobbying activity.--
                    (A) In general.--Amounts authorized to be 
                appropriated under this Act may not be utilized by any 
                grant recipient to--
                            (i) lobby any representative of the 
                        Department of Justice regarding the award of 
                        grant funding; or
                            (ii) lobby any representative of a Federal, 
                        state, local, or tribal government regarding 
                        the award of grant funding.
                    (B) Penalty.--If the Attorney General determines 
                that any recipient of a grant under this Act has 
                violated subparagraph (A), the Attorney General shall--
                            (i) require the grant recipient to repay 
                        the grant in full; and
                            (ii) prohibit the grant recipient from 
                        receiving another grant under this Act for not 
                        less than 5 years.
                                                       Calendar No. 241

113th CONGRESS

  1st Session

                                 S. 822

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            November 7, 2013

                        Reported with amendments