Short title

This Act may be cited as the

Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022

Ending the rape kit backlog

(a)

Tracking kits

Section 2(a)(8) of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40701(a)(8)) is amended by striking the period at the end and inserting , including through the implementation, improvement, or operation of sexual assault evidence tracking systems..(b)

Program goals

Section 2(o)(1) of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40701(o)(1)) is amended—(1)in the matter preceding subparagraph (A), by striking Not later than 18 months after the date of enactment of the SAFER Act of 2013 and inserting Not later than 1 year after the date of enactment of the Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022;(2)in subparagraph (D), by striking and at the end;(3)in subparagraph (E), by striking the period at the end and inserting ; and; and(4)by adding at the end the following:

(F)a determination of whether eliminating the processing backlog of DNA evidence in the United States is a goal of the grant program established under this section.

(c)

FBI report

Not later than 180 days, the Director of the Federal Bureau of Investigation shall submit to Congress a report that describes the plan and the standards that must be met, as of the date of the submission of the report, of the Federal Bureau of Investigation to evaluate and validate the use of Rapid DNA instruments (as defined in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 (34 U.S.C. 40702(c)) under the Combined DNA Index System of the Federal Bureau of Investigation.

Requirements for CODIS access

Section 210304 of the Violent Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 12592) is amended by striking subsection (c) and inserting the following:

(c)

Requirements for access

(1)

In general

(A)

Use of DNA profiles

Subject to subparagraph (B), reference DNA profiles from victims of sexual assault may only be uploaded and searched by law enforcement databases that use software of the Combined DNA Index System for the purpose of analyzing DNA identification markers for quality control to detect sample contamination. (B)

Prohibition

The reference DNA profiles described in subparagraph (A) may not be uploaded or searched in the National DNA Index System of the Combined DNA Index System for any purpose.(2)

Cancellation of access

Access to the index described in subsection (a) is subject to cancellation if—(A)the quality control and privacy requirements described in subsection (b) are not met; or(B)a law enforcement agency reports a non-contamination-related match of a DNA profile described in paragraph (1)(A) that is uploaded or searched from the index to a DNA sample relating to another investigation resulting from an elimination database search of DNA profiles described in paragraph (1)(A) to an investigator or an officer of a court for the purpose of a criminal investigation or prosecution.

Right of victims to be heard

(a)

Crime victims’ rights

Section 3771(a)(9) of title 18, United States Code, is amended by striking informed and inserting consulted.(b)

Federal Rules of Criminal Procedure

Rule 11(c)(2) of the Federal Rules of Criminal Procedure is amended—(1)by striking The parties and inserting the following:

(A)The parties

; and

(2)by adding at the end the following:

(B)In the case of a plea agreement for an offense involving sexual assault (as defined in section 3772 of title 18, United States Code), the government shall notify the court if a victim of the offense objects to the plea agreement.

Victims’ rights to their reports

Section 3771 of title 18, United States Code, is amended—(1)in subsection (a)—(A)by redesignating paragraph (10) as paragraph (13); and(B)by inserting after paragraph (9) the following:

(10)The right to be provided, upon request, with a copy of the report and evidence on file from the applicable law enforcement or other investigative agency after the investigation is closed, whether closed by arrest or otherwise, except in the case of information that is required to be withheld or redacted because release of the information would adversely affect an ongoing investigation or harm public safety.(11)A free copy of the police or agency report shall be provided to the victim or victim’s representative within a reasonable period of time.(12)The right to be protected from the disclosure of confidential information, including an address, Social Security number, medical record number, driver’s license number, and employment identification number.

Victims’ services improvements

Section 503(c) of the Victims’ Rights and Restitution Act of 1990 (34 U.S.C. 20141(c)) is amended—(1)in paragraph (1)—(A)in subparagraph (B), by inserting the before manner;(B)in subparagraph (C), by striking and at the end;(C)in subparagraph (D), by striking the period at the end and inserting ; and; and(D)by adding at the end the following:

(E)provide a victim with reasonable resources needed to access Federal, State, or local services and relief described in subparagraphs (A), (B), and (C).

;

(2)in paragraph (7)—(A)in the first sentence—(i)by inserting or any crime of violence (as defined in section 16 of title 18, United States Code) after sexual assault; and(ii)by inserting or prosecuting agency after investigating officer; and(B)in the second sentence, by striking The Attorney General and inserting For investigations of sexual assault, the Attorney General; and(3)in paragraph (8), by adding at the end the following: The responsible official shall also assist the victim in preparing and providing testimony when appropriate during the corrections process..

Sexual assault response training for law enforcement officers

Section 303(a) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40722(a)) is amended, in the matter preceding paragraph (1), by inserting , and to implement evidence-based, trauma-informed practices to otherwise improve the investigation of, and response to, sexual assault cases after DNA evidence.

Office of Investigative Forensic Sciences Realignment

(a)

Findings

Congress finds the following:(1)Forensic science is the application of scientific or technical practices to the recognition, collection, analysis, and interpretation of evidence to establish conclusions or opinions, facts, and findings that can be used for criminal and civil law or regulatory issues.(2)In particular, forensic science plays a pivotal role in exonerating suspects and wrongfully convicted individuals, implicating and convicting those who commit crimes, identifying missing person, bringing closure and justice to victims of crime and their families, providing actionable intelligence to law enforcement agencies to solve and prevent crime enabling transparent intelligence-led and data-driven policing, and by providing fact-based evidence for judges and juries which would otherwise not be available.(3)In 2009, the National Academy of Sciences, National Research Council published a report entitled Strengthening Forensic Science in the United States: A Path Forward, that put forward an agenda for advancement in the forensic science community and its associated disciplines.(4)Within the Department of Justice, Office of Justice Programs there was established the National Institute of Justice. The Office of Investigative Forensic Sciences was created as a component of National Institute of Justice to be the lead department in the Department of Justice for forensic science research and development as well as for the administration of programs that facilitate training, improve laboratory efficiency and reduce backlogs, all in an effort to strengthen forensic science in the United States.(5)The forensic sciences within Federal Government departments and agencies are fragmented, with many Federal agencies having some level of forensic science capabilities. There is a need for a central entity to provide robust leadership on forensic science issues within the Department of Justice. The Office of Investigative Forensic Sciences, currently as a component of the National Institute of Justice, does not have the same standing within the Office of Justice Programs or the Department of Justice as other equally important bureaus and offices.(6)The time is right to realign the Office of Investigative Forensic Sciences to the same program office level as other Office of Justice Programs bureaus and offices with a presidentially appointed director. (b)

Establishment of the office of investigative forensic sciences

Part A of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at the end the following:

110.

Office of Investigative Forensic Sciences

(a)

In general

There is established, within the Office of Justice Programs, a program Office of Investigative Forensic Sciences (referred to in this section as the OIFS), to be headed by a Director appointed by the President, who shall report directly to the Office of Assistant Attorney General for the Office of Justice Programs. (b)

Transfer

There shall be transferred to the OIFS the personnel, including contractors and interns, assets, liabilities, contracts, property, records, and unexpended balance of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available, and the functions, powers, and duties of the following:(1)Oversight of existing cooperative agreements relating to forensic science administered by the Department of Justice and determining the purposes and objectives of discretionary grants relating to forensic science administered by the Department of Justice, other than a grant awarded under the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program established under section 412 of the Justice for All Act of 2004 (42 U.S.C. 40727).(2)The Office of Investigative and Forensic Sciences within the National Institute of Justice.(3)The forensic components of the Drugs and Crime program in the Office of Research and Evaluation within the National Institute of Justice.(4)The digital evidence component of the Office of Science and Technology within the National Institute of Justice.(c)

Authority

The OIFS shall have access to and authority to search Federal law enforcement databases and shall have assigned to it an Originating Agency Identification (ORI) Number to facilitate the sharing of information between the Office and law enforcement agencies.(d)

Mission

The mission of the OIFS is to strengthen and promote the use and application of forensic science within the judicial system by supporting forensic science service providers, as they continually improve the evidence-based, valid, and reliable practice of forensic science with a focus on quality assurance advancement research and development conducted through—(1)a fair, competitive, transparent merit review process;(2)testing and evaluation; (3)technology; (4)information exchange; (5)training; (6)capacity building for the forensic infrastructure; (7)the development of systems to implement research into practice; and(8)the development of systems to address quality management and other improvements to advance justice. (e)

Officers and staff

(1)

In general

The OIFS shall include—(A)a Director who shall have, at a minimum, a Master of Science degree; and (B)a Deputy Director who shall have, at a minimum, a Bachelor of Science degree.(2)

Detailees

The OIFS may also include employees of the National Institute of Standards and Technology, the National Science Foundation, and Centers for Disease Control and Prevention detailed to the Office of Forensic Science on a reimbursable basis.(f)

Liaison

If no detailed positions are filled under subsection (e)(2), the Directors of the National Science Foundation, the National Institute of Standards and Technology, and the Centers for Disease Control, shall each, in consultation with the OIFS, designate a liaison at each respective agency to facilitate communication between the OIFS and the agencies.(g)

Duties and authority

(1)

In general

The OIFS shall—(A)have the authorities relating to forensic science described in section 202(c); (B)in coordination with the National Institute of Justice, participate in the development of any Federal forensic science research agenda as the lead representatives on behalf of the Department of Justice, along with other departments and agencies of the Federal Government;(C)assume and execute the responsibilities of the offices, programs, and initiatives transferred under subsection (b), including determining the purposes and objectives of discretionary grants, oversight of cooperative agreements;(D)assist and support the Forensic Laboratory Needs Technology Working Group, Medical Legal Death Investigation Working Group, and Forensic Science Research and Development Technology Working Group in carrying out the respective functions of the working groups under this title and such other related functions as are necessary to perform the functions; and(E)evaluate the recommendations of the Forensic Laboratory Needs Technology Working Group, Medical Legal Death Investigation Working Group, and Forensic Science Research and Development Technology Working Group and take actions consistent with the mission of the OIFS.

(c)

Deadline

The transfer required under section 820 of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), shall be completed on the date that is 180 days after the date of enactment of this Act.

Paul Coverdell Forensic Sciences Improvement Grants

(a)

Amendments

Part BB of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10561 et seq.) is amended—(1)in section 2802 (34 U.S.C. 10562)—(A)in the matter preceding paragraph (1), by inserting (b) Applications.— before To request; (B)by striking paragraphs (1) and (2) and inserting the following:

(1)a certification that the State or unit of local government has developed a plan for forensic science service providers and forensic medicine service providers under a program described in section 2804, which shall include a specific description of the manner in which the grant will be used to carry out the plan;(2)(A)a certification that any forensic science service provider laboratory system, including any laboratory operated by a unit of local government within the State, or forensic medicine service provider in the State, that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations or appropriate certifying bodies; (B)except with regard to any forensic medicine service provider in the State, a certification—(i)that any forensic science service provider laboratory system, including any forensic science service provider operated by a unit of local government within the State, that will receive any portion of the grant 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(ii)that the State or unit of local government shall use a portion of the grant amount to prepare and apply for such accreditation as described in clause (i) not later than 2 years after the date on which the grant is awarded under this part; and(C)a certification that—(i)any forensic medicine service provider in the State that will receive any portion of the grant amounts is accredited by a 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 by an accrediting body that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or(ii)that the State or unit of local government shall use a portion of the grant amount to prepare and apply for accreditation described in clause (i) not later than 3 years after the date on which the grant is awarded under this part;

;

(C)in paragraph (4)—(i)by striking that a government entity exists and an appropriate process is in place and inserting that a named government entity has an appropriate process in place; and(ii)by striking medical examiner's office, coroner's office and inserting forensic medicine service provider;(D)by inserting before subsection (b), as so designated by subparagraph (A), the following:

(a)

Definitions

In this section:(1)

Forensic medicine service provider

The term forensic medicine service provider means a State or unit of local government forensic medicine service provider having not fewer than 1 part-time or full-time employed forensic pathologist, or forensic pathologist under contract, who conducts medico-legal death investigations, including examinations of human remains, and who provides reports or opinion testimony with respect to such activity in courts of law within the United States.(2)

Forensic science service provider

The term forensic science service provider means a State or unit of local government agency having not fewer than 1 full-time analyst who examines physical evidence in criminal or investigative matters and provides reports or opinion testimony with respect to such evidence in courts of law in the United States.

; and

(E)by adding at the end the following:

(c)

Requirement

Not later than 30 days after the date on which grant funds are dispersed under this part, the Attorney General shall publish on the public website of the Department of Justice—(1) a list of each forensic laboratory system, forensic medicine service provider, law enforcement storage facility, or medical facility that received the funds; and(2)as it corresponds to each entity listed under paragraph (1)—(A)the name of the government entity responsible for conducting independent external investigations under subsection (b)(4)(A); (B)a description of the process by which the government entity will conduct the independent external investigations into allegations of serious negligence or misconduct; and(C)instructions for how a person can file an allegation described in subparagraph (B).

;

(2)in section 2803(a) (34 U.S.C. 10563(a))—(A)in paragraph (1), by striking Eighty-five percent and inserting the following:

(A)

In general

Subject to subparagraph (B), 85 percent

; and

(B)by adding at the end the following:

(B)

Additional allocation requirements

(i)

In general

Of the total amount made to a State for a fiscal year under subparagraph (A), 5 percent shall be allocated for—(I)forensic science service providers pursuing first-time accreditation by an accrediting body that—(aa)is a signatory to an internationally recognized arrangement; and (bb)offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; and(II)forensic medicine service providers pursuing first-time accreditation by an accrediting body—(aa)that—(AA)is a signatory to an internationally recognized arrangement; and(BB)offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by such internationally recognized arrangement; (bb)that has developed and implemented programs of accreditation that promote within the office a quality management system designed to improve and maintain quality assurance, integrity and the use of generally accepted laboratory practices and procedures; or(cc) 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 3 years after the date on which a grant is awarded under section 2801.(ii)

Requirement

(I)

In general

Each State receiving a grant amount for a fiscal year shall submit a certification that the State Administering Agency has made reasonable efforts to notify the forensic science service providers and forensic medicine service providers in the State that not less than 5 percent of the total amount awarded under this part are available for preparation for or fees associated with first-time accreditation. (II)

Reasonable efforts

For purposes of subclause (I), reasonable efforts to provide notice include email or mail to known forensic science service provider contacts. (III)

Rule of construction

Nothing in this clause shall be construed to require that a forensic science service provider or forensic medicine service provider—(aa)apply for funds described in this clause; or(bb)sign a declaration stating the provider does not want the funds. (IV)

Other allowable uses

If any amount of the 5 percent of funds allocated under this subparagraph are not requested or used by a forensic science service provider or forensic medicine service provider, such amount may be allocated by the State to other allowable grant purposes.

;

(3)in section 2804(a)(5) (34 U.S.C. 10564(a)(5)), by inserting , coroners, and medical-legal death investigators before the period at the end; and(4)in section 2806(a) (34 U.S.C. 10566(a))—(A)in paragraph (1), by inserting and forensic pathology or medical-legal death investigator after science; (B)in paragraph (2)—(i)by inserting or human remains after sample; and(ii)by inserting examination or before test results; (C)in paragraph (3), after laboratory insert or forensic medicine service provider; and(D)in paragraph (4), by inserting or forensic medicine service provider after provider. (b)

Reauthorization

Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(24)) is amended—(1)by striking subparagraphs (A) through (M); (2)by redesignating subparagraph (N) as subparagraph (A); (3)in subparagraph (A), as so redesignated, by striking the period at the end and inserting ; and; and(4)by adding at the end the following:

(B)$40,000,000 for fiscal year 2023;(C)$43,000,000 for fiscal year 2024;(D)$46,000,000 for fiscal year 2025; (E)$50,000,000 for fiscal year 2026; and(F)$50,000,000 for fiscal year 2027.

(c)

Operational needs assessment

(1)

In general

Not later than 180 days after the date of enactment of this Act, and once every 3 years thereafter, 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 projected workload, backlog, personnel, workforce, resource, and equipment needs of forensic science providers and forensic medical service providers. (2)

Required coordination

The study required under paragraph (1) shall be conducted in conjunction with the Forensic Laboratory Needs-Technology Working Group and the Federal Interagency Medicolegal Death Investigation Working Group.(3)

Considerations

The report required under paragraph (1) shall consider—(A)the most recent Bureau of Justice Statistics census reports on Publicly Funded Forensic Science Service Providers, Digital Forensic Science Service Providers, and Medical Examiner/Coroner Offices;(B) the Report to Congress: Needs Assessment of Forensic Laboratories and Medical Examiner/Coroner Offices, published by the National Institute of Justice; and(C)the practical and applied implications of any other scientific reports on forensic science with relevance to the operational, quality management, and practical needs of the forensic science community. (4)

Public availability

The report submitted under paragraph (1) shall be made available to the public.

10.

Removing unnecessary authorizations

Title III of the Justice for All Act of 2004 (Public Law 108–405) is amended in section 307(a) by striking $7,400,000 for fiscal year 2017 and $10,000,000 for each of fiscal years 2018 through 2021.

11.

Improving the quality of representation in State capital cases

(a)

Authorization

Section 426(a)(5) of the Innocence Protection Act of 2004 (34 U.S.C. 60306(a)(5)) is amended by striking $22,500,000 for fiscal year 2021. and inserting $12,500,000 for each of fiscal years 2023 through 2027,. (b)

Authorization of grant program To ensure case review, representation, and provide post-Conviction relief

(1)

In general

Subtitle B of title IV of the Justice for All Act of 2004 (34 U.S.C. 60301 et seq.) is amended by adding at the end the following:

427.

Wrongful conviction reviews

(1)

Purpose

The Attorney General shall administer grant programs within the Bureau of Justice Assistance, to encourage the review of possible cases of wrongful conviction and facilitate post-conviction relief by establishing or expanding State and local conviction integrity units and by providing high quality representation for defendants litigating post-conviction claims of innocence.(2)

Conviction integrity unit grants

(A)

Eligible entity defined

In this paragraph, the term eligible entity means a prosecutor’s office or a State attorney general’s office that may work in partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or reviewing wrongful convictions and wrongful sentences.(B)

Authorization

The Attorney General, acting through the Director of the Bureau of Justice Assistance, shall make grants to eligible entities for the purpose of creating State and local conviction integrity units or entities.(C)

Application requirements

Each application for a grant under this paragraph shall—(i)demonstrate a plan by the applicant to create, maintain, or expand a State or local conviction integrity unit with the intention to conduct substantive, evidence-based conviction review;(ii)develop a tool to survey or conduct focus groups with community members, non-profit organizations, or public defender offices dedicated to receiving petitions for or reviewing wrongful convictions, and existing local Conviction Integrity Units in order to identify—(I)the needs of individuals or their counsel seeking review of their convictions or sentences; and(II)the needs of existing local conviction integrity units and non-profit organizations or public defender’s offices dedicated to receiving petitions for or reviewing wrongful convictions;(iii)use the information gathered under clause (ii) and conviction integrity unit best practices to advise procedural conduct in conviction review;(iv)develop procedures to ensure that conviction integrity unit is able to operate independently in rules and practice from the other units within the district attorney’s offices or any prosecutors previously involved with the case;(v)in the case of a prosecutor’s office that cannot meet the requirement in clause (iv) because of the size of the office, provide a written policy detailing reasonable steps that shall be taken to preserve independence and ethical integrity during the investigation; (vi)allow for meaningful participation in the review process by petitioner’s counsel; and (vii)develop victim notification procedures for final exonerations as appropriate.(D)

Preference

In awarding grants under this paragraph, the Attorney General shall give preference to applicants who demonstrate a partnership with a nonprofit organization, law school innocence clinic, or public defender’s office dedicated to receiving petitions for or review wrongful convictions and wrongful sentences.(E)

Authorization of appropriations

There are authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027 to carry out this paragraph, of which not more than 5 percent of the grant funding shall be used for training and technical assistance for grantees.(3)

Wrongful conviction review grants

(A)

Eligible entity defined

In this paragraph, the term eligible entity means a non-profit organization, institution of higher education, or State or local public defender office that has in-house post-conviction representation programs that show demonstrable experience or competence in litigating post-conviction claims of innocence.(B)

Authorization

The Attorney General shall establish a wrongful conviction review grant program and award grants to eligible entities for the purpose of providing high quality post-conviction representation for defendants in post-conviction claims of innocence.(C)

Use of funds

A grant awarded under this paragraph shall be used to support an eligible entity in providing—(i)post-conviction legal representation of innocence claims;(ii)case review, evaluation, and management;(iii)experts;(iv)potentially exonerative forensic testing by a forensic service provider that is accredited by an accrediting body that—(I)is a signatory to an internationally recognized arrangement; and(II)offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by the internationally recognized arrangement described in subclause (I); and(v)investigation services related to supporting these post-conviction innocence claims.(D)

Authorization of appropriations

There are authorized to be appropriated to carry out this paragraph—(i)$15,000,000 for fiscal year 2023; (ii)$18,000,000 for fiscal year 2024;(iii)$22,000,000 for fiscal year 2025;(iv)$26,000,000 for fiscal year 2026; and(v)$30,000,000 for fiscal year 2027.

(2)

Clerical 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 426 the following:

Sec. 427. Wrongful conviction reviews.

12.

Kirk Bloodsworth Post-Conviction DNA Testing Grant Program

(a)

Reauthorization

The Innocence Protection Act of 2004 (title IV of Public Law 108–405; 118 Stat. 2278) is amended—(1)in section 412(a) (34 U.S.C. 40727(a)), by inserting and units of local government after States; and(2)in section 413 (34 U.S.C. 40722 note)—(A)in the matter preceding paragraph (1), by striking 2017 through 2021 and inserting 2022 through 2026; and(B)by striking paragraph (2) and inserting the following:

(2) demonstrate the existence of current laws, regulations, or policies for relevant jurisdictions in the State in which the eligible entity operates that require preservation of biological evidence secured in relation to the investigation or prosecution of a State offense—(A)under a State statute or a State or local rule, regulation, or practice, in a manner that seeks to ensure that reasonable measures are taken by jurisdictions within the State to preserve such evidence; or(B)under a State statute or a State or local rule, regulation, or practice, in a manner comparable to section 3600A of title 18, United States Code, if—(i)jurisdictions within the State that would benefit from this grant program comply with this requirement; and(ii)such jurisdictions may preserve such evidence for longer than the period of time that such evidence would be required to be preserved under such section 3600A.

(b)

Authorization of appropriations

Section 412 of the Innocence Protection Act of 2004 (34 U.S.C. 40727) is amended by striking subsection (b) and inserting the following:

(b)

Appropriation

There are authorized to be appropriated—(1)$15,000,000 for fiscal year 2023; (2)$18,000,000 for fiscal year 2024;(3)$22,000,000 for fiscal year 2025;(4)$26,000,000 for fiscal year 2026; and(5)$30,000,000 for fiscal year 2027.

13.

Additional DNA-related reauthorizations

(a)

DNA research and development

Section 305(c) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40724(c)) is amended by striking 2017 through 2021 and inserting 2023 through 2027.(b)

DNA identification of missing persons

Section 308(c) of the DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40726(c)) is amended by striking 2017 through 2021 and inserting 2023 through 2027.

14.

Accountability

For fiscal year 2023, and each fiscal year thereafter, all grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following accountability provisions:(1)

Audit requirement

(A)

Definition

In this paragraph, 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 during the 12-month period beginning on the date on which the final audit report is issued.(B)

Requirement

Beginning in fiscal year 2023, and in 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.(C)

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 first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).(D)

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.(E)

Reimbursement

If an entity is awarded grant funds under this Act during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall—(i)deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and(ii)seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.(2)

Nonprofit organization requirements

(A)

Definition

For purposes of this section and the grant programs authorized under 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 may not award a grant under 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 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 subparagraph available for public inspection.(3)

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 entity 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 funds made available to the Department of Justice, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy (as designated by the Deputy Attorney General) provides prior written authorization that the funds may be expended to host the conference, or was approved by the Attorney General through the application process and subsequent cooperative agreement award and any approved revisions.(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, beverages, audio-visual equipment, honoraria for speakers, and 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 under this paragraph.(4)

Annual certification

Beginning in fiscal year 2023, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification indicating whether—(A)all audits issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;(B)all mandatory exclusions required under paragraph (1)(C) have been issued, which includes a list of any grant recipients excluded under paragraph (1) from the previous year; and(C)all reimbursements required under paragraph (1)(E) have been made.(5)

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.(6)

Other prohibitions

None of the funds provided under this Act shall be used by grant or cooperative agreement recipients as a management fee or profit for the purpose of circumventing statutory or other limitations included in the terms and conditions of the award on otherwise allowable costs, including the use of management fees or profit to purchase alcoholic beverages, entertainment, meals for non-business purposes, and membership dues for social or sporting clubs.(7)

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.