[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2577 Engrossed in Senate (ES)]

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114th CONGRESS
  2d Session
                                S. 2577

_______________________________________________________________________

                                 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. 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 ``2006, 2007, 2008, and 
        2009'' and inserting ``2017 through 2021'';
            (2) in paragraph (2), by striking ``2006, 2007, 2008, and 
        2009'' and inserting ``2017 through 2021'';
            (3) in paragraph (3), by striking ``2006, 2007, 2008, and 
        2009'' and inserting ``2017 through 2021'';
            (4) in paragraph (4), by striking ``2006, 2007, 2008, and 
        2009'' and inserting ``2017 through 2021''; and
            (5) in paragraph (5), by striking ``2006, 2007, 2008, and 
        2009'' and inserting ``2017 through 2021''.
    (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 ``2006, 2007, 2008, and 2009'' and inserting ``2017 through 
2021''.

SEC. 4. 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 a 
fiscal year--
            (1) not less than 75 percent of such amounts shall be 
        provided for grants for direct testing 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, including through the 
        creation of a tracking system, under section 2(a)(7) of the DNA 
        Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
        14135(a)(7)), 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. 5. 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) operate or expand 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) hire 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 
        120 days after the date of enactment of the Justice for All 
        Reauthorization Act of 2016, 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. 6. 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. 7. 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. 8. 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. 9. 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 ``$10,000,000 for each of fiscal years 2017 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. 10. 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 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 in the 
        United States.
            ``(6) To work with the States and units of local government 
        to direct funding to 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) $25,000,000 for each of fiscal years 2017 
                through 2021.''.

SEC. 11. 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 2017 through 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. 12. 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. 13. 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. 14. 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. 15. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

    (a) Short Title.--This section may be cited as the ``Effective 
Administration of Criminal Justice Act of 2015''.
    (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.--There is authorized 
        to be appropriated $5,000,000 for each of fiscal years 2017 
        through 2021 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. 16. 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. 17. 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. 18. 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. 19. 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).''.

            Passed the Senate June 16, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 2577

_______________________________________________________________________

                                 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.