[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2577 Referred in House (RFH)]
<DOC>
114th CONGRESS
2d Session
S. 2577
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 20, 2016
Referred to the Committee on the Judiciary, and in addition to the
Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
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:
JULIE E. ADAMS,
Secretary.