[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2577 Enrolled Bill (ENR)]

        S.2577

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen


                                 An Act


 
 To protect crime victims' rights, to eliminate the substantial backlog 
  of DNA and other forensic evidence samples to improve and expand the 
  forensic science testing capacity of Federal, State, and local crime 
   laboratories, to increase research and development of new testing 
technologies, to develop new training programs regarding the collection 
and use of forensic evidence, to provide post-conviction testing of DNA 
evidence to exonerate the innocent, to support accreditation efforts of 
 forensic science laboratories and medical examiner offices, to address 
 training and equipment needs, 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 2016''.
SEC. 2. CRIME VICTIMS' RIGHTS.
    (a) Restitution During Supervised Release.--Section 3583(d) of 
title 18, United States Code, is amended in the first sentence by 
inserting ``, that the defendant make restitution in accordance with 
sections 3663 and 3663A, or any other statute authorizing a sentence of 
restitution,'' after ``supervision''.
    (b) Collection of Restitution From Defendant's Estate.--Section 
3613(b) of title 18, United States Code, is amended by adding at the 
end the following: ``The liability to pay restitution shall terminate 
on the date that is the later of 20 years from the entry of judgment or 
20 years after the release from imprisonment of the person ordered to 
pay restitution. In the event of the death of the person ordered to pay 
restitution, the individual's estate will be held responsible for any 
unpaid balance of the restitution amount, and the lien provided in 
subsection (c) of this section shall continue until the estate receives 
a written release of that liability.''.
    (c) Victim Interpreters.--Rule 28 of the Federal Rules of Criminal 
Procedure is amended in the first sentence by inserting before the 
period at the end the following: ``, including an interpreter for the 
victim''.
    (d) GAO Study.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this Act, the Comptroller General of the United States 
    shall--
            (A) conduct a study to determine whether enhancing the 
        restitution provisions under sections 3663 and 3663A of title 
        18, United States Code, to provide courts broader authority to 
        award restitution for Federal offenses would be beneficial to 
        crime victims and what other factors Congress should consider 
        in weighing such changes; and
            (B) submit to Congress a report on the study conducted 
        under subparagraph (A).
        (2) Contents.--In conducting the study under paragraph (1), the 
    Comptroller General shall focus on the benefits to crime victims 
    that would result if the restitution provisions under sections 3663 
    and 3663A of title 18, United States Code, were expanded--
            (A) to apply to victims who have suffered harm, injury, or 
        loss that would not have occurred but for the defendant's 
        related conduct;
            (B) in the case of an offense resulting in bodily injury 
        resulting in the victim's death, to allow the court to use its 
        discretion to award an appropriate sum to reflect the income 
        lost by the victim's surviving family members or estate as a 
        result of the victim's death;
            (C) to require that the defendant pay to the victim an 
        amount determined by the court to restore the victim to the 
        position he or she would have been in had the defendant not 
        committed the offense; and
            (D) to require that the defendant compensate the victim for 
        any injury, harm, or loss, including emotional distress, that 
        occurred as a result of the offense.
SEC. 3. REDUCING THE RAPE KIT BACKLOG.
    (a) In General.--Of the amounts made available to the Attorney 
General for a DNA Analysis and capacity enhancement program and for 
other local, State, and Federal forensic activities under the heading 
``state and local law enforcement'' under the heading ``Office of 
Justice Programs'' under the heading ``DEPARTMENT OF JUSTICE'' in 
fiscal years 2018, 2019, 2020, and 2021--
        (1) not less than 75 percent of such amounts shall be provided 
    for grants for activities described under paragraphs (1), (2), and 
    (3) of section 2(a) of the DNA Analysis Backlog Elimination Act of 
    2000 (42 U.S.C. 14135(a)); and
        (2) not less than 5 percent of such amounts shall be provided 
    for grants for law enforcement agencies to conduct audits of their 
    backlogged rape kits under section 2(a)(7) of the DNA Analysis 
    Backlog Elimination Act of 2000 (42 U.S.C. 14135(a)(7)) to create 
    and operate associated tracking systems and to prioritize testing 
    in those cases in which the statute of limitation will soon expire.
    (b) Reporting.--
        (1) Report by grant recipients.--With respect to amounts made 
    available to the Attorney General for a DNA Analysis and capacity 
    enhancement program and for other local, State, and Federal 
    forensic activities under the heading ``state and local law 
    enforcement'' under the heading ``Office of Justice Programs'' 
    under the heading ``DEPARTMENT OF JUSTICE'', the Attorney General 
    shall require recipients of the amounts to report on the 
    effectiveness of the activities carried out using the amounts, 
    including any information the Attorney General needs in order to 
    submit the report required under paragraph (2).
        (2) Report to congress.--Not later than 1 month after the last 
    day of each even-numbered fiscal year, the Attorney General shall 
    submit to the Committee on the Judiciary of the Senate and the 
    Committee on the Judiciary of the House of Representatives a report 
    that includes, for each recipient of amounts described in paragraph 
    (1)--
            (A) the amounts distributed to the recipient;
            (B) a summary of the purposes for which the amounts were 
        used and an evaluation of the progress of the recipient in 
        achieving those purposes;
            (C) a statistical summary of the crime scene samples and 
        arrestee or offender samples submitted to laboratories, the 
        average time between the submission of a sample to a laboratory 
        and the testing of the sample, and the percentage of the 
        amounts that were paid to private laboratories; and
            (D) an evaluation of the effectiveness of the grant amounts 
        in increasing capacity and reducing backlogs.
SEC. 4. SEXUAL ASSAULT NURSE EXAMINERS.
    Section 304 of the DNA Sexual Assault Justice Act of 2004 (42 
U.S.C. 14136a) is amended--
        (1) by redesignating subsection (c) as subsection (d); and
        (2) by inserting after subsection (b) the following:
    ``(c) Preference.--
        ``(1) In general.--In reviewing applications submitted in 
    accordance with a program authorized, in whole or in part, by this 
    section, the Attorney General shall give preference to any eligible 
    entity that certifies that the entity will use the grant funds to--
            ``(A) improve forensic nurse examiner programs in a rural 
        area or for an underserved population, as those terms are 
        defined in section 4002 of the Violence Against Women Act of 
        1994 (42 U.S.C. 13925);
            ``(B) engage in activities that will assist in the 
        employment of full-time forensic nurse examiners to conduct 
        activities under subsection (a); or
            ``(C) sustain or establish a training program for forensic 
        nurse examiners.
        ``(2) Directive to the attorney general.--Not later than the 
    beginning of fiscal year 2018, the Attorney General shall 
    coordinate with the Secretary of Health and Human Services to 
    inform Federally Qualified Health Centers, Community Health 
    Centers, hospitals, colleges and universities, and other 
    appropriate health-related entities about the role of forensic 
    nurses and existing resources available within the Department of 
    Justice and the Department of Health and Human Services to train or 
    employ forensic nurses to address the needs of communities dealing 
    with sexual assault, domestic violence, and elder abuse. The 
    Attorney General shall collaborate on this effort with 
    nongovernmental organizations representing forensic nurses.''.
SEC. 5. PROTECTING THE VIOLENCE AGAINST WOMEN ACT.
    Section 8(e)(1)(A) of the Prison Rape Elimination Act of 2003 (42 
U.S.C. 15607(e)(1)(A)) is amended--
        (1) in clause (i), by striking ``and'' at the end;
        (2) in clause (ii), by striking the period and inserting ``; 
    and''; and
        (3) by inserting at the end the following:
                ``(iii) the program is not administered by the Office 
            on Violence Against Women of the Department of Justice.''.
SEC. 6. CLARIFICATION OF VIOLENCE AGAINST WOMEN ACT HOUSING 
PROTECTIONS.
    Section 41411(b)(3)(B)(ii) of the Violence Against Women Act of 
1994 (42 U.S.C. 14043e-11(b)(3)(B)(ii)) is amended--
        (1) in the first sentence, by inserting ``or resident'' after 
    ``any remaining tenant''; and
        (2) in the second sentence, by inserting ``or resident'' after 
    ``tenant'' each place it appears.
SEC. 7. STRENGTHENING THE PRISON RAPE ELIMINATION ACT.
    The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.) 
is amended--
        (1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking 
    subparagraph (A) and inserting the following:
            ``(A)(i) include the certification of the chief executive 
        that the State receiving such grant has adopted all national 
        prison rape standards that, as of the date on which the 
        application was submitted, have been promulgated under this 
        Act; or
            ``(ii) demonstrate to the Attorney General, in such manner 
        as the Attorney General shall require, that the State receiving 
        such grant is actively working to adopt and achieve full 
        compliance with the national prison rape standards described in 
        clause (i);''; and
        (2) in section 8(e) (42 U.S.C. 15607(e))--
            (A) by striking paragraph (2) and inserting the following:
        ``(2) Adoption of national standards.--
            ``(A) In general.--For each fiscal year, any amount that a 
        State would otherwise receive for prison purposes for that 
        fiscal year under a grant program covered by this subsection 
        shall be reduced by 5 percent, unless the chief executive 
        officer of the State submits to the Attorney General proof of 
        compliance with this Act through--
                ``(i) a certification that the State has adopted, and 
            is in full compliance with, the national standards 
            described in subsection (a); or
                ``(ii) an assurance that the State intends to adopt and 
            achieve full compliance with those national standards so as 
            to ensure that a certification under clause (i) may be 
            submitted in future years, which includes--

                    ``(I) a commitment that not less than 5 percent of 
                such amount shall be used for this purpose; or
                    ``(II) a request that the Attorney General hold 5 
                percent of such amount in abeyance pursuant to the 
                requirements of subparagraph (E).

            ``(B) Rules for certification.--
                ``(i) In general.--A chief executive officer of a State 
            who submits a certification under this paragraph shall also 
            provide the Attorney General with--

                    ``(I) a list of the prisons under the operational 
                control of the executive branch of the State;
                    ``(II) a list of the prisons listed under subclause 
                (I) that were audited during the most recently 
                concluded audit year;
                    ``(III) all final audit reports for prisons listed 
                under subclause (I) that were completed during the most 
                recently concluded audit year; and
                    ``(IV) a proposed schedule for completing an audit 
                of all the prisons listed under subclause (I) during 
                the following 3 audit years.

                ``(ii) Audit appeal exception.--Beginning on the date 
            that is 3 years after the date of enactment of the Justice 
            for All Reauthorization Act of 2016, a chief executive 
            officer of a State may submit a certification that the 
            State is in full compliance pursuant to subparagraph (A)(i) 
            even if a prison under the operational control of the 
            executive branch of the State has an audit appeal pending.
            ``(C) Rules for assurances.--
                ``(i) In general.--A chief executive officer of a State 
            who submits an assurance under subparagraph (A)(ii) shall 
            also provide the Attorney General with--

                    ``(I) a list of the prisons under the operational 
                control of the executive branch of the State;
                    ``(II) a list of the prisons listed under subclause 
                (I) that were audited during the most recently 
                concluded audit year;
                    ``(III) an explanation of any barriers the State 
                faces to completing required audits;
                    ``(IV) all final audit reports for prisons listed 
                under subclause (I) that were completed during the most 
                recently concluded audit year;
                    ``(V) a proposed schedule for completing an audit 
                of all prisons under the operational control of the 
                executive branch of the State during the following 3 
                audit years; and
                    ``(VI) an explanation of the State's current degree 
                of implementation of the national standards.

                ``(ii) Additional requirement.--A chief executive 
            officer of a State who submits an assurance under 
            subparagraph (A)(ii)(I) shall, before receiving the 
            applicable funds described in subparagraph (A)(ii)(I), also 
            provide the Attorney General with a proposed plan for the 
            expenditure of the funds during the applicable grant 
            period.
                ``(iii) Accounting of funds.--A chief executive officer 
            of a State who submits an assurance under subparagraph 
            (A)(ii)(I) shall, in a manner consistent with the 
            applicable grant reporting requirements, submit to the 
            Attorney General a detailed accounting of how the funds 
            described in subparagraph (A) were used.
            ``(D) Sunset of assurance option.--
                ``(i) In general.--On the date that is 3 years after 
            the date of enactment of the Justice for All 
            Reauthorization Act of 2016, subclause (II) of subparagraph 
            (A)(ii) shall cease to have effect.
                ``(ii) Additional sunset.--On the date that is 6 years 
            after the date of enactment of the Justice for All 
            Reauthorization Act of 2016, clause (ii) of subparagraph 
            (A) shall cease to have effect.
                ``(iii) Emergency assurances.--

                    ``(I) Request.--Notwithstanding clause (ii), during 
                the 2-year period beginning 6 years after the date of 
                enactment of the Justice for All Reauthorization Act of 
                2016, a chief executive officer of a State who 
                certifies that the State has audited not less than 90 
                percent of prisons under the operational control of the 
                executive branch of the State may request that the 
                Attorney General allow the chief executive officer to 
                submit an emergency assurance in accordance with 
                subparagraph (A)(ii) as in effect on the day before the 
                date on which that subparagraph ceased to have effect 
                under clause (ii) of this subparagraph.
                    ``(II) Grant of request.--The Attorney General 
                shall grant a request submitted under subclause (I) 
                within 60 days upon a showing of good cause.

            ``(E) Disposition of funds held in abeyance.--
                ``(i) In general.--If the chief executive officer of a 
            State who has submitted an assurance under subparagraph 
            (A)(ii)(II) subsequently submits a certification under 
            subparagraph (A)(i) during the 3-year period beginning on 
            the date of enactment of the Justice for All 
            Reauthorization Act of 2016, the Attorney General will 
            release all funds held in abeyance under subparagraph 
            (A)(ii)(II) to be used by the State in accordance with the 
            conditions of the grant program for which the funds were 
            provided.
                ``(ii) Release of funds.--If the chief executive 
            officer of a State who has submitted an assurance under 
            subparagraph (A)(ii)(II) is unable to submit a 
            certification during the 3-year period beginning on the 
            date of enactment of the Justice for All Reauthorization 
            Act of 2016, but does assure the Attorney General that \2/
            3\ of prisons under the operational control of the 
            executive branch of the State have been audited at least 
            once, the Attorney General shall release all of the funds 
            of the State held in abeyance to be used in adopting and 
            achieving full compliance with the national standards, if 
            the State agrees to comply with the applicable requirements 
            in clauses (ii) and (iii) of subparagraph (C).
                ``(iii) Redistribution of funds.--If the chief 
            executive officer of a State who has submitted an assurance 
            under subparagraph (A)(ii)(II) is unable to submit a 
            certification during the 3-year period beginning on the 
            date of enactment of the Justice for All Reauthorization 
            Act of 2016 and does not assure the Attorney General that 
            \2/3\ of prisons under the operational control of the 
            executive branch of the State have been audited at least 
            once, the Attorney General shall redistribute the funds of 
            the State held in abeyance to other States to be used in 
            accordance with the conditions of the grant program for 
            which the funds were provided.
            ``(F) Publication of audit results.--Not later than 1 year 
        after the date of enactment of the Justice for All 
        Reauthorization Act of 2016, the Attorney General shall request 
        from each State, and make available on an appropriate Internet 
        website, all final audit reports completed to date for prisons 
        under the operational control of the executive branch of each 
        State. The Attorney General shall update such website annually 
        with reports received from States under subparagraphs (B)(i) 
        and (C)(i).
            ``(G) Report on implementation of national standards.--Not 
        later than 2 years after the date of enactment of the Justice 
        for All Reauthorization Act of 2016, the Attorney General shall 
        issue a report to the Committee on the Judiciary of the Senate 
        and the Committee on the Judiciary of the House of 
        Representatives on the status of implementation of the national 
        standards and the steps the Department, in conjunction with the 
        States and other key stakeholders, is taking to address any 
        unresolved implementation issues.''; and
            (B) by adding at the end the following:
        ``(8) Background checks for auditors.--An individual seeking 
    certification by the Department of Justice to serve as an auditor 
    of prison compliance with the national standards described in 
    subsection (a) shall, upon request, submit fingerprints in the 
    manner determined by the Attorney General for criminal history 
    record checks of the applicable State and Federal Bureau of 
    Investigation repositories.''.
SEC. 8. 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 
``$15,000,000 for each of fiscal years 2005 through 2009'' and 
inserting ``$5,000,000 for each of fiscal years 2017 through 2021''.
    (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 
``$42,100,000 for each of fiscal years 2005 through 2009'' and 
inserting ``$7,400,000 for fiscal year 2017 and $10,000,000 for each of 
fiscal years 2018 through 2021''.
    (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 2017 through 2021''.
SEC. 9. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
    (a) Grants.--Part BB of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797j) is amended--
        (1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting after 
    ``bodies'' the following: ``and, except with regard to any medical 
    examiner's office, or coroner's office in the State, is accredited 
    by an accrediting body that is a signatory to an internationally 
    recognized arrangement and that offers accreditation to forensic 
    science conformity assessment bodies using an accreditation 
    standard that is recognized by that internationally recognized 
    arrangement, or attests, in a manner that is legally binding and 
    enforceable, to use a portion of the grant amount to prepare and 
    apply for such accreditation not more than 2 years after the date 
    on which a grant is awarded under section 2801'';
        (2) in section 2803(a) (42 U.S.C. 3797l(a))--
            (A) in paragraph (1)--
                (i) by striking ``Seventy-five percent'' and inserting 
            ``Eighty-five percent''; and
                (ii) by striking ``75 percent'' and inserting ``85 
            percent'';
            (B) in paragraph (2), by striking ``Twenty-five percent'' 
        and inserting ``Fifteen percent''; and
            (C) in paragraph (3), by striking ``0.6 percent'' and 
        inserting ``1 percent'';
        (3) in section 2804(a) (42 U.S.C. 3797m(a))--
            (A) in paragraph (2)--
                (i) by inserting ``impression evidence,'' after 
            ``latent prints,''; and
                (ii) by inserting ``digital evidence, fire evidence,'' 
            after ``toxicology,'';
            (B) in paragraph (3), by inserting ``and medicolegal death 
        investigators'' after ``laboratory personnel''; and
            (C) by inserting at the end the following:
        ``(4) To address emerging forensic science issues (such as 
    statistics, contextual bias, and uncertainty of measurement) and 
    emerging forensic science technology (such as high throughput 
    automation, statistical software, and new types of 
    instrumentation).
        ``(5) To educate and train forensic pathologists.
        ``(6) To fund medicolegal death investigation systems to 
    facilitate accreditation of medical examiner and coroner offices 
    and certification of medicolegal death investigators.''; and
        (4) in section 2806(a) (42 U.S.C. 3797o(a))--
            (A) in paragraph (3), by striking ``and'' at the end;
            (B) by redesignating paragraph (4) as paragraph (5); and
            (C) by inserting after paragraph (3) the following:
        ``(4) the progress of any unaccredited forensic science service 
    provider receiving grant funds toward obtaining accreditation; 
    and''.
    (b) Authorization of Appropriations.--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) $13,500,000 for fiscal year 2017;
            ``(K) $18,500,000 for fiscal year 2018;
            ``(L) $19,000,000 for fiscal year 2019;
            ``(M) $21,000,000 for fiscal year 2020; and
            ``(N) $23,000,000 for fiscal year 2021.''.
  SEC. 10. 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:
        ``(1) $2,500,000 for fiscal year 2017;
        ``(2) $7,500,000 for fiscal year 2018;
        ``(3) $12,500,000 for fiscal year 2019;
        ``(4) $17,500,000 for fiscal year 2020; and
        ``(5) $22,500,000 for fiscal year 2021.''; 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. 11. POST-CONVICTION DNA TESTING.
    (a) In General.--Section 3600 of title 18, United States Code, is 
amended--
        (1) by striking ``under a sentence of'' in each place it 
    appears and inserting ``sentenced to'';
        (2) 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'';
        (3) in subsection (b)(1)--
            (A) in subparagraph (A), by striking ``and'' at the end;
            (B) in subparagraph (B), by striking the period at the end 
        and inserting ``; and''; and
            (C) by adding at the end the following:
            ``(C) order the Government to--
                ``(i) prepare an inventory of the evidence related to 
            the case; and
                ``(ii) issue a copy of the inventory to the court, the 
            applicant, and the Government.'';
        (4) in subsection (e)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) Results.--
            ``(A) In general.--The results of any DNA testing ordered 
        under this section shall be simultaneously disclosed to the 
        court, the applicant, and the Government.
            ``(B) Results exclude applicant.--
                ``(i) In general.--If a DNA profile is obtained through 
            testing that excludes the applicant as the source and the 
            DNA complies with the Federal Bureau of Investigation's 
            requirements for the uploading of crime scene profiles to 
            the National DNA Index System (referred to in this 
            subsection as `NDIS'), the court shall order that the law 
            enforcement entity with direct or conveyed statutory 
            jurisdiction that has access to the NDIS submit the DNA 
            profile obtained from probative biological material from 
            crime scene evidence to determine whether the DNA profile 
            matches a profile of a known individual or a profile from 
            an unsolved crime.
                ``(ii) NDIS search.--The results of a search under 
            clause (i) shall be simultaneously disclosed to the court, 
            the applicant, and the Government.''; and
            (B) in paragraph (2), by striking ``the National DNA Index 
        System (referred to in this subsection as `NDIS')'' and 
        inserting ``NDIS''; and
        (5) in subsection (g)(2)(B), by striking ``death''.
    (b) Preservation of Biological Evidence.--Section 3600A of title 
18, United States Code, is amended--
        (1) in subsection (a), by striking ``under a sentence of'' and 
    inserting ``sentenced to''; and
        (2) in subsection (c)--
            (A) by striking paragraphs (1) and (2); and
            (B) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (1), (2), and (3), respectively.
  SEC. 12. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING PROGRAM.
    (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 2017 through 
    2021''; 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 
        sentenced to 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 source of the DNA, 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, nonnegligent 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 2017 through 2021''.
  SEC. 13. 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 forensic 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. 14. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
    (a) Short Title.--This section may be cited as the ``Effective 
Administration of Criminal Justice Act of 2016''.
    (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 Statewide 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 representatives of 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;
            ``(D) describe the barriers at the State and local level 
        for accessing data and implementing evidence-based approaches 
        to preventing and reducing crime and recidivism; and
            ``(E) 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). The Attorney 
    General may enter into agreements with 1 or more non-governmental 
    organizations to provide technical assistance and training under 
    this paragraph.
        ``(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.--For each of fiscal 
    years 2017 through 2021, of the amounts appropriated to carry out 
    this subpart, not less than $5,000,000 and not more than 
    $10,000,000 shall be used 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. 15. 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 2016, 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.
        (10) Preventing duplicative grants.--
            (A) In general.--Before the Attorney General awards a grant 
        to an applicant under this Act, the Attorney General shall 
        compare potential grant awards with other grants awarded under 
        this Act to determine whether duplicate grants are awarded for 
        the same purpose.
            (B) Report.--If the Attorney General awards duplicate 
        grants to the same applicant for the same purpose, the Attorney 
        General shall submit to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives a report that includes--
                (i) a list of all duplicate grants awarded, including 
            the total dollar amount of any duplicate grants awarded; 
            and
                (ii) the reason the Attorney General awarded the 
            duplicate grants.
  SEC. 16. NEEDS ASSESSMENT OF FORENSIC LABORATORIES.
    (a) Study and Report.--Not later than October 1, 2018, the Attorney 
General shall conduct a study and submit a report to the Committee on 
the Judiciary of the Senate and the Committee on the Judiciary of the 
House of Representatives on the status and needs of the forensic 
science community.
    (b) Requirements.--The report required under subsection (a) shall--
        (1) examine the status of current workload, backlog, personnel, 
    equipment, and equipment needs of public crime laboratories and 
    medical examiner and coroner offices;
        (2) include an overview of academic forensic science resources 
    and needs, from a broad forensic science perspective, including 
    nontraditional crime laboratory disciplines such as forensic 
    anthropology, forensic entomology, and others as determined 
    appropriate by the Attorney General;
        (3) consider--
            (A) the National Institute of Justice study, Forensic 
        Sciences: Review of Status and Needs, published in 1999;
            (B) the Bureau of Justice Statistics census reports on 
        Publicly Funded Forensic Crime Laboratories, published in 2002, 
        2005, 2009, and 2014;
            (C) the National Academy of Sciences report, Strengthening 
        Forensic Science: A Path Forward, published in 2009; and
            (D) the Bureau of Justice Statistics survey of forensic 
        providers recommended by the National Commission of Forensic 
        Science and approved by the Attorney General on September 8, 
        2014;
        (4) provide Congress with a comprehensive view of the 
    infrastructure, equipment, and personnel needs of the broad 
    forensic science community; and
        (5) be made available to the public.
  SEC. 17. CRIME VICTIM ASSISTANCE.
    (a) Amendment.--Section 1404(c)(1)(A) of the Victims of Crime Act 
of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting ``victim 
services,'' before ``demonstration projects''.
    (b) Sense of Congress.--It is the sense of Congress that the 
proposed rule entitled ``VOCA Victim Assistance Program'' published by 
the Office of Victims of Crime of the Department of Justice in the 
Federal Register on August 27, 2013 (78 Fed. Reg. 52877), is consistent 
with section 1404 of the Victims of Crime Act of 1984 (42 U.S.C. 
10603).
  SEC. 18. IMPROVING THE RESTITUTION PROCESS.
    Section 3612 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(j) Evaluation of Offices of the United States Attorney and 
Department Components.--
        ``(1) In general.--The Attorney General shall, as part of the 
    regular evaluation process, evaluate each office of the United 
    States attorney and each component of the Department of Justice on 
    the performance of the office or the component, as the case may be, 
    in seeking and recovering restitution for victims under each 
    provision of this title and the Controlled Substances Act (21 
    U.S.C. 801 et seq.) that authorizes restitution.
        ``(2) Requirement.--Following an evaluation under paragraph 
    (1), each office of the United States attorney and each component 
    of the Department of Justice shall work to improve the practices of 
    the office or component, as the case may be, with respect to 
    seeking and recovering restitution for victims under each provision 
    of this title and the Controlled Substances Act (21 U.S.C. 801 et 
    seq.) that authorizes restitution.
    ``(k) GAO Reports.--
        ``(1) Report.--Not later than 1 year after the date of 
    enactment of this subsection, the Comptroller General of the United 
    States shall prepare and submit to the Committee on the Judiciary 
    of the House of Representatives and the Committee on the Judiciary 
    of the Senate a report on restitution sought by the Attorney 
    General under each provision of this title and the Controlled 
    Substances Act (21 U.S.C. 801 et seq.) that authorizes restitution 
    during the 3-year period preceding the report.
        ``(2) Contents.--The report required under paragraph (1) shall 
    include statistically valid estimates of--
            ``(A) the number of cases in which a defendant was 
        convicted and the Attorney General could seek restitution under 
        this title or the Controlled Substances Act (21 U.S.C. 801 et 
        seq.);
            ``(B) the number of cases in which the Attorney General 
        sought restitution;
            ``(C) of the cases in which the Attorney General sought 
        restitution, the number of times restitution was ordered by the 
        district courts of the United States;
            ``(D) the amount of restitution ordered by the district 
        courts of the United States;
            ``(E) the amount of restitution collected pursuant to the 
        restitution orders described in subparagraph (D);
            ``(F) the percentage of restitution orders for which the 
        full amount of restitution has not been collected; and
            ``(G) any other measurement the Comptroller General 
        determines would assist in evaluating how to improve the 
        restitution process in Federal criminal cases.
        ``(3) Recommendations.--The report required under paragraph (1) 
    shall include recommendations on the best practices for--
            ``(A) requesting restitution in cases in which restitution 
        may be sought under each provision of this title and the 
        Controlled Substances Act (21 U.S.C. 801 et seq.) that 
        authorizes restitution;
            ``(B) obtaining restitution orders from the district courts 
        of the United States; and
            ``(C) collecting restitution ordered by the district courts 
        of the United States.
        ``(4) Report.--Not later than 3 years after the date on which 
    the report required under paragraph (1) is submitted, the 
    Comptroller General of the United States shall prepare and submit 
    to the Committee on the Judiciary of the House of Representatives 
    and the Committee on the Judiciary of the Senate a report on the 
    implementation by the Attorney General of the best practices 
    recommended under paragraph (3).''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.