[Congressional Record Volume 156, Number 131 (Monday, September 27, 2010)]
[Senate]
[Pages S7509-S7515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. KYL (for himself, Mr. Merkley, and Mr. Burr):
  S. 3841. A bill to amend title 18, United States Code, to prohibit 
the creation, sale, distribution, advertising, marketing, and exchange 
of animal crush videos that depict obscene acts of animal cruelty, and 
for other purposes; to the Committee on the Judiciary.
  Mr. KYL. Mr. President, today, Senators Merkley and Burr and I are 
introducing the Animal Crush Video Prohibition Act of 2010. The bill 
would criminalize the creation, sale, distribution, advertising, 
marketing, and exchange of animal crush videos. Representative Gallegly 
has sponsored a House companion bill, the Prevention of Interstate 
Commerce in Animal Crush Videos Act, H.R. 5566.
  Animal crush videos often depict obscene, extreme acts of animal 
cruelty designed to appeal to a specific, prurient sexual fetish. These 
crush videos were the target of a 1999 Federal statute that the United 
States Supreme Court struck down earlier this year in U.S. v. Stevens. 
In Stevens, the Supreme Court overturned the 1999 Act banning 
depictions of animal cruelty on the basis that it was 
unconstitutionally overbroad, in violation of the First Amendment.
  The Stevens case did not involve crush videos and the Court 
specifically stated that it was not deciding whether a statute limited 
to crush videos would be constitutional. Instead it left the door open 
for Congress to enact a narrowly tailored ban on animal crush videos.
  Our legislation would ban animal crush videos that fit squarely 
within

[[Page S7510]]

the obscenity doctrine, a well-established exception to the First 
Amendment. The Senate Judiciary Committee received testimony earlier 
this month on the obscene nature of crush videos. Dr. Kevin Volkan, a 
psychology professor with an expertise in atypical psychopathologies, 
testified about the sexual nature of crush videos and the specific 
paraphilias associated with them. He stated that in his professional 
opinion the crush videos contain elements of specific forms of 
paraphilia in varying degrees and that people, usually men, watch crush 
videos for sexual gratification. The Humane Society's two crush video 
investigations also confirm the inherent sexual nature of many crush 
videos. Those investigations also found a growing market for custom-
made videos for those with crush paraphilia.
  The United States also has a long-history of prohibiting speech that 
is essential to criminal conduct. In the case of animal crush videos, 
the videos themselves drive the criminal conduct depicted in them. 
Every State and the District of Columbia have laws criminalizing the 
animal cruelty depicted in the videos, but these laws are hard to 
enforce. The acts of extreme animal cruelty are committed secretively 
and anonymously. The nature of the videos also makes it difficult to 
determine when and where the crimes occurred or that the crime occurred 
within the relevant statute of limitations. These prosecutorial 
difficulties are confirmed by the Association of Prosecuting Attorneys. 
Given the difficulty in prosecuting the underlying conduct using state 
law, the integral connection between the video and the criminal 
conduct, and the recent proliferation of animal crush videos on the 
Internet since the Stevens decision, it is necessary for Congress to 
enact a new Federal law targeting the interstate distribution network 
for animal crush videos.
  This measure will also take an important step by banning non-
commercial distribution of animal crush videos. We believe this is 
necessary given the nature of the Internet and the propagation of file-
sharing and peer-to-peer networks that exist today. Similar to other 
Federal criminal statutes that prohibit non-commercial distribution, 
there is an exception for law enforcement purposes.
  I want to thank Senators Leahy and Sessions and their staffs for 
their assistance in addressing this important issue and holding a 
hearing on the topic in the Senate Judiciary Committee. I also want to 
thank the Humane Society for bringing this issue to Congress' attention 
and working tirelessly to address it.
  I urge my Senate colleagues to support this legislation and work with 
me to swiftly enact it.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Franken, and Ms. Klobuchar):
  S. 3842. A bill to protect crime victims' rights, to eliminate the 
substantial backlog of DNA samples collected from crime scenes and 
convicted offenders, to improve and expand the DNA testing capacity of 
Federal, State, and local crime laboratories, to increase research and 
development of new DNA testing technologies, to develop new training 
programs regarding the collection and use of DNA evidence, to provide 
post conviction testing of DNA evidence to exonerate the innocent, to 
improve the performance of counsel in State capital cases, and for 
other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today, I am proud to introduce the Justice 
for All Reauthorization Act of 2010, together with Senator Franken. The 
Justice for All Act, passed in 2004, was an unprecedented bipartisan 
piece of criminal justice legislation and the most significant step 
Congress had taken in many years to improve the quality of justice in 
this country, and to restore public confidence in the integrity of the 
American justice system. After several hearings and much work, today we 
begin in earnest the process of building on that foundation to go still 
further to ensure our criminal justice system works fairly and 
effectively for all Americans.
  In 2000, I introduced the Innocence Protection Act, which aimed to 
improve the administration of justice by ensuring that defendants in 
the most serious cases receive competent representation and, where 
appropriate, access to post-conviction DNA testing necessary to prove 
their innocence in those cases where the system got it grievously 
wrong.
  The Innocence Protection Act became a key component of the Justice 
for All Act, along with important provisions to ensure that crime 
victims would have the rights and protections they need and deserve, 
and that States and communities would take major steps to reduce the 
backlog of untested rape kits and give prompt justice for victims of 
sexual assault. These and other important criminal justice provisions 
made the Justice for All Act a groundbreaking achievement in criminal 
justice reform.
  The programs created by the Justice For All Act have had an enormous 
impact, and it is crucial that we reauthorize them. Unfortunately, the 
Committee's hearings and recent headlines have made clear that simply 
reauthorizing the existing law is not enough. Significant problems 
remain, and we must work together to address them.
  In too many communities around the country, large numbers of untested 
rape kids have come to light, many of which have not even made their 
way to crime labs. It is unacceptable that rape victims must still live 
in fear and wait for justice. We must act to fix this continuing 
problem.
  We have also seen too many cases of people found to be innocent after 
spending years in jail, and we have faced the harrowing possibility 
that the unthinkable may have happened: the State of Texas may have 
executed an innocent man. We must act to ensure that our criminal 
justice system works as it should so that relevant evidence is tested 
and considered and all defendants receive quality representation.
  I thank Senator Franken for working with me on these important issues 
and helping to craft this important bill. I also appreciate the 
Republican Senators, including Senators Sessions and Grassley, who have 
provided input for this bill and participated in the process. I am 
confident that this legislation will be enacted in a bipartisan 
fashion, just as the original Justice for All Act was, and I look 
forward to working with Democrats and Republicans to reach that goal.
  The original Justice for All Act included the Debbie Smith DNA 
Backlog Reduction Program, which authorized significant funding to 
reduce the backlog of untested rape kits so that victims need not live 
in fear while kits languish in storage. That program is named after 
Debbie Smith, who lived in fear for years after being attacked before 
her rape kit was tested and the perpetrator was caught. She and her 
husband Rob have worked tirelessly to ensure that others need not 
experience the ordeal she went through. I thank Debbie and Rob for 
their continuing help on this extremely important cause.
  Since we passed this important law in 2004, the Debbie Smith Act has 
resulted in hundreds of millions of dollars going to States for the 
testing of DNA samples to reduce backlogs. I have worked with Senators 
of both parties to ensure full funding for the Debbie Smith Act each 
year.
  As I have researched the problem of untested rape kits, there is one 
thing that I have heard again and again: the Debbie Smith program has 
been working and is making a major difference. I have heard from the 
Justice Department, the States, including Vermont, law enforcement, and 
victims' advocates, that Debbie Smith grants have led to significant 
and meaningful backlog reductions and to justice for victims in 
jurisdictions across the country.
  Unfortunately, despite the good strides we have made and the 
significant Federal funding for these efforts, we have seen alarming 
reports of continuing backlogs. A 2008 study found 12,500 untested rape 
kits in the Los Angeles area alone. While Los Angeles has since made 
progress in addressing the problem, other cities have now reported 
backlogs almost as severe. The Justice Department released a report 
last year finding that in 18 percent of open, unsolved rape cases, 
evidence had not even been submitted to a crime lab.
  That Justice Department study gets to a key component of this problem 
that has not yet been addressed. No matter how much money we send to 
crime labs for testing, if samples that

[[Page S7511]]

could help close cases instead sit on the shelf in police evidence 
rooms and never make it to the lab, that money will do no good. Police 
officers must understand the importance of testing this vital evidence 
and must learn when testing is appropriate and necessary. In too many 
jurisdictions, rape kits taken from victims who put themselves through 
further hardship to take these samples--rape kits that could help law 
enforcement to get criminals off the street--are sitting untested.
  The bill we introduce today will finally address this part of the 
problem by mandating that the Department of Justice develop practices 
and protocols for the processing of DNA evidence and provide technical 
assistance to State and local governments to implement those protocols. 
The bill authorizes funding to States and communities to reduce their 
rape kit backlogs at the law enforcement stage by training officers, 
improving practices, developing evidence tracking systems, and taking 
other key steps to make sure that this crucial evidence gets to the 
labs to be tested.
  The bill will also help us get to the bottom of this problem by 
calling for the development of a standardized definition of 
``backlog,'' covering both the law enforcement and lab stages, and by 
implementing public reporting requirements to help us to identify where 
the backlogs are. It also takes steps to ensure that labs test DNA 
samples in the best order so that those samples which can help secure 
justice for rape victims are tested most quickly. It will also put into 
place new accountability requirements to make sure that Debbie Smith 
Act money is being spent effectively and appropriately.

  The bill makes important changes to existing law to ensure that no 
rape victims are ever required to pay for testing of their rape kits, 
and that these costs are covered with no strings attached. Senator 
Franken has been a strong advocate of this important provision, and I 
thank him for his help.
  We have also taken important new steps to ensure that defendants in 
serious cases receive adequate representation and, where appropriate, 
testing of relevant DNA samples. As a former prosecutor, I have great 
faith in the men and women in law enforcement, and I know that in the 
vast majority of cases, our criminal justice system does work fairly 
and effectively. I also know, however, that the system only works as it 
should when each side is well represented by competent and well-trained 
counsel, and when all relevant evidence is retained and tested. Sadly, 
we learn regularly of defendants released after new evidence exonerates 
them. We must do better. It is an outrage when an innocent person is 
punished, and it is doubly an outrage that, in those cases, the guilty 
person remains on the streets, able to commit more crimes, which makes 
all of us less safe.
  This legislation takes important new steps to ensure that all 
criminal defendants, including those who cannot afford a lawyer, 
receive constitutionally adequate representation. It requires the 
Department of Justice to assist States that want help developing an 
effective and efficient system of indigent defense, and it establishes 
a cause of action for the Federal Government to step in when States are 
systematically failing to provide the representation called for in the 
Constitution.
  This is a reasonable measure that gives the States assistance and 
time needed to make necessary changes and seeks to provide an incentive 
for States to do so. Prosecutors and defense attorneys recognize the 
importance of quality defense counsel. Houston District Attorney 
Patricia Lykos testified, quite persuasively, before the Judiciary 
Committee about how competent defense attorneys help her do her job as 
a prosecutor even better. I have also learned through this process that 
the most effective systems of indigent defense are not always the most 
expensive. In some cases, making the necessary changes may also save 
States money.
  This legislation will also help ensure that the innocent are not 
punished while the guilty remain free by strengthening the Kirk 
Bloodsworth Post Conviction DNA Testing Grant Program, one of the key 
programs created in the Innocence Protection Act. Kirk Bloodsworth was 
a young man just out of the Marines when he was arrested, convicted, 
and sentenced to death for a heinous crime that he did not commit. He 
was the first person in the United States to be exonerated from a death 
row crime through the use of DNA evidence.
  This program provides grants to States for testing in cases like 
Kirk's where someone has been convicted, but where significant DNA 
evidence was not tested. The last administration resisted implementing 
the program for several years, but we worked hard to see the program 
put into place. Now, money has gone out to a number of States, and the 
Committee has heard strong testimony that the program is making an 
impact. The legislation we introduce today expands the very modest 
authorization of funds to this important program and clarifies the 
conditions set for this program so that participating States are 
required to preserve key evidence, which is crucial, but are required 
to do so in a way that is attainable and will allow more States to 
participate.

  The bill also asks states to produce comprehensive plans for their 
criminal justice systems, which will help to ensure that criminal 
justice systems operate effectively as a whole and that all parts of 
the system work together and receive the resources they need. The bill 
reauthorizes and improves key grant programs in a variety of areas 
throughout the criminal justice system. Importantly, it increases 
authorized funding for the Paul Coverdell Forensic Science Improvement 
Grant program, which is a vital program to assist forensic laboratories 
in performing the many forensic tests that are essential to solving 
crimes and prosecuting perpetrators. I appreciate Senator Sessions' 
longstanding support for this important program.
  Finally, the legislation strengthens rights for victims of crime. It 
gives crime victims an affirmative right to be informed of all of their 
rights under the Crime Victims' Rights Act and other key laws, and it 
takes several steps to make it easier for crime victims to assert their 
legal rights in court. I thank Senators Feinstein and Kyl for their 
leadership in this area and their assistance in developing these 
provisions.
  In these times of tight budgets, it is important to note that this 
bill would make all of these improvements without increasing total 
authorized funding under the Justice For All Act and that many of these 
changes will help States, communities, and the Federal Government save 
money in the long term.
  Today, we rededicate ourselves to building a criminal justice system 
in which the innocent remain free, the guilty are punished, and all 
sides have the tools, resources, and knowledge they need to advance the 
cause of justice. Americans need and deserve a criminal justice system 
which keeps us safe, ensures fairness and accuracy, and fulfills the 
promise of our constitution. This bill will take important steps to 
bring us closer to that goal. I hope there will be strong bipartisan 
support for these efforts moving forward.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3842

       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 2010''.

     SEC. 2. CRIME VICTIMS' RIGHTS.

       Section 3771 of title 18, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(9) The right to be informed of the rights under this 
     section and the services described in section 503(c) of the 
     Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(c)) and provided contact information for the Office of 
     the Victims' Rights Ombudsman of the Department of 
     Justice.'';
       (2) in subsection (d)(3), in the fifth sentence, by 
     inserting ``, unless the litigants, with the approval of the 
     court, have stipulated to a different time period for 
     consideration'' before the period; and
       (3) in subsection (e)--
       (A) by striking ``this chapter, the term'' and inserting 
     the following: ``this chapter:
       ``(1) Court of appeals.--The term `court of appeals' 
     means--
       ``(A) for a violation of the United States Code, the United 
     States court of appeals for the judicial district in which a 
     defendant is being prosecuted; and

[[Page S7512]]

       ``(B) for a violation of the District of Columbia Code, the 
     District of Columbia Court of Appeals.
       ``(2) Crime victim.--
       ``(A) In general.--The term'';
       (B) by striking ``In the case'' and inserting the 
     following:
       ``(B) Minors and certain other victims.--In the case''; and
       (C) by adding at the end the following:
       ``(3) District court; court.--The terms `district court' 
     and `court' include the Superior Court of the District of 
     Columbia.''.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME 
                   VICTIMS.

       (a) Crime Victims Legal Assistance Grants.--Section 103(b) 
     of the Justice for All Act of 2004 (Public Law 108-405; 118 
     Stat. 2264) is amended--
       (1) in paragraph (1), by striking ``$2,000,000'' and all 
     that follows through ``2009'' and inserting ``$5,000,000 for 
     each of fiscal years 2011, 2012, 2013, 2014, and 2015'';
       (2) in paragraph (2), by striking ``$2,000,000'' and all 
     that follows through ``2009,'' and inserting ``$5,000,000 for 
     each of fiscal years 2011, 2012, 2013, 2014, and 2015'';
       (3) in paragraph (3), by striking ``$300,000'' and all that 
     follows through ``2009,'' and inserting ``$500,000 for each 
     of fiscal years 2011, 2012, 2013, 2014, and 2015'';
       (4) in paragraph (4), by striking ``$7,000,000'' and all 
     that follows through ``2009,'' and inserting ``$11,000,000 
     for each of fiscal years 2011, 2012, 2013, 2014, and 2015''; 
     and
       (5) in paragraph (5), by striking ``$5,000,000'' and all 
     that follows through ``2009,'' and inserting ``$7,000,000 for 
     each of fiscal years 2011, 2012, 2013, 2014, and 2015''.
       (b) Crime Victims Notification Grants.--Section 1404E(c) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is 
     amended by striking ``this section--'' and all that follows 
     and inserting ``this section $5,000,000 for each of the 
     fiscal years 2011, 2012, 2013, 2014 and 2015.''.

     SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

       (a) In General.--Section 2 of the DNA Analysis Backlog 
     Elimination Act of 2000 (42 U.S.C. 14135) is amended to read 
     as follows:

     ``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

       ``(a) Definitions.--In this section--
       ``(1) the term `backlog for DNA case work' has the meaning 
     given that term by the Director, in accordance with 
     subsection (b)(3);
       ``(2) the term `Combined DNA Index System' means the 
     Combined DNA Index System of the Federal Bureau of 
     Investigation;
       ``(3) the term `Director' means the Director of the 
     National Institute of Justice;
       ``(4) the term `emergency response provider' has the 
     meaning given that term in section 2 of the Homeland Security 
     Act of 2002 (6 U.S.C. 101); and
       ``(5) the term `State' means a State of the United States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, American Samoa, Guam, and 
     the Northern Mariana Islands.
       ``(b) Establishment of Protocols, Technical Assistance, and 
     Definitions of Evidence Backlog for DNA Case Work.--
       ``(1) Protocols and practices.--Not later than 18 months 
     after the date of enactment of the Justice for All 
     Reauthorization Act of 2010, the Director shall develop and 
     publish a description of protocols and practices the Director 
     considers appropriate for the accurate, timely, and effective 
     collection and processing of DNA evidence, including 
     protocols and practices specific to sexual assault cases, 
     which shall address appropriate steps in the investigation of 
     cases that might involve DNA evidence, including--
       ``(A) how to determine--
       ``(i) which evidence is to be collected by law enforcement 
     personnel and forwarded for testing;
       ``(ii) the preferred order in which evidence from the same 
     case is to be tested; and
       ``(iii) the preferred order in which evidence from 
     different cases is to be tested;
       ``(B) the establishment of a reasonable period of time in 
     which evidence is to be forwarded by emergency response 
     providers, law enforcement personnel, and prosecutors to a 
     laboratory for testing;
       ``(C) the establishment of reasonable periods of time in 
     which each stage of analytical laboratory testing is to be 
     completed ; and
       ``(D) systems to encourage communication within a State or 
     unit of local government among emergency response providers, 
     law enforcement personnel, prosecutors, courts, defense 
     counsel, crime laboratory personnel, and crime victims 
     regarding the status of crime scene evidence to be tested.
       ``(2) Technical assistance and training.--The Director 
     shall make available technical assistance and training to 
     support States and units of local government in adopting and 
     implementing the protocols and practices developed under 
     paragraph (1) on and after the date on which the protocols 
     and practices are published.
       ``(3) Definition of backlog for dna case work.--The 
     Director shall develop and publish a definition of the term 
     `backlog for DNA case work' for purposes of this section--
       ``(A) taking into consideration the different stages at 
     which a backlog may develop, including the investigation and 
     prosecution of a crime by law enforcement personnel, 
     prosecutors, and others, and the laboratory analysis of crime 
     scene samples; and
       ``(B) which may include different criteria or thresholds 
     for the different stages.
       ``(c) Authorization of Grants for the Collection and 
     Processing of DNA Evidence by Law Enforcement.--
       ``(1) Purpose.--The Attorney General may make grants to 
     States or units of local government which may be used to--
       ``(A) ensure that the collection and processing of DNA 
     evidence from crimes, including sexual assault and other 
     serious violent crimes, is carried out in an appropriate and 
     timely manner;
       ``(B) eliminate existing backlogs for DNA case work, 
     including backlogs from sexual assault cases; and
       ``(C) ensure effective communication among emergency 
     response providers, law enforcement personnel, prosecutors, 
     courts, defense counsel, crime laboratory personnel, and 
     crime victims regarding the status of crime scene evidence to 
     be tested.
       ``(2) Application.--A State or unit of local government 
     desiring a grant under this subsection shall submit to the 
     Attorney General an application in such form and containing 
     such information as the Attorney General may require, which 
     shall include--
       ``(A) providing assurances that the State or unit of local 
     government has implemented, or will implement not later than 
     120 days after the date of the application, a comprehensive 
     plan for the expeditious collection and processing of DNA 
     evidence in accordance with this section; and
       ``(B) specifying the percentage of the amounts received 
     under the grant that the State or unit of local government 
     shall use for the purpose specified in each of subparagraphs 
     (A), (B), and (C) of paragraph (1).
       ``(3) Collection and processing of samples.--A plan 
     described in paragraph (2)(A)--
       ``(A) shall require a State or unit of local government 
     to--
       ``(i) adopt the appropriate protocols and practices 
     developed under subsection (b)(1); and
       ``(ii) ensure that emergency response providers, law 
     enforcement personnel, prosecutors, and crime laboratory 
     personnel within the jurisdiction of the State or unit of 
     local government receive training on the content and 
     appropriate use of the protocols and practices; and
       ``(B) may include the development and implementation within 
     the State or unit of local government of an evidence tracking 
     system to ensure effective communication among emergency 
     response providers, law enforcement personnel, prosecutors, 
     defense counsel, courts, crime laboratory personnel, and 
     crime victims regarding the status of crime scene evidence 
     subject to DNA analysis.
       ``(4) Reporting and publication of dna backlogs.--
       ``(A) In general.--A plan described in paragraph (2)(A) 
     shall require a State or unit of local government to submit 
     to the Attorney General an annual report reflecting the 
     current backlog for DNA case work within the jurisdiction in 
     which the funds are used, which shall include--
       ``(i) a specific breakdown of the number of sexual assault 
     cases that are in a backlog for DNA case work and the 
     percentage of the amounts received under the grant allocated 
     to reducing the backlog of DNA case work in sexual assault 
     cases;
       ``(ii) for each case that is in a backlog for DNA case 
     work, the identity of each agency, office, or contractor of 
     the State or unit of local government in which work necessary 
     to complete the DNA analysis is pending; and
       ``(iii) any other information the Attorney General 
     determines appropriate.
       ``(B) Compilation.--The Attorney General shall annually 
     compile and publish the reports submitted under subparagraph 
     (A) on the website of the Department of Justice.
       ``(d) Authorization of Grants for DNA Testing and Analysis 
     by Laboratories.--
       ``(1) Purpose.--The Attorney General may make grants to 
     States or units of local government to--
       ``(A) carry out, for inclusion in the Combined DNA Index 
     System, DNA analyses of samples collected under applicable 
     legal authority;
       ``(B) carry out, for inclusion in the Combined DNA Index 
     System, DNA analyses of samples from crime scenes, including 
     samples from rape kits, samples from other sexual assault 
     evidence, and samples taken in cases without an identified 
     suspect;
       ``(C) increase the capacity of laboratories owned by the 
     State or unit of local government to carry out DNA analyses 
     of samples specified in subparagraph (A) or (B);
       ``(D) collect DNA samples specified in subparagraph (A); 
     and
       ``(E) ensure that DNA testing and analysis of samples from 
     crimes, including sexual assault and other serious violent 
     crimes, are carried out in a timely manner.
       ``(2) Application.--A State or unit of local government 
     desiring a grant under this subsection shall submit to the 
     Attorney General an application in such form and containing 
     such information as the Attorney General may require, which 
     shall include--
       ``(A) providing assurances that the State or unit of local 
     government has implemented, or will implement not later than 
     120 days after the date of the application, a comprehensive 
     plan for the expeditious DNA analysis of samples in 
     accordance with this section;
       ``(B) certifying that each DNA analysis carried out under 
     the plan shall be maintained in accordance with the privacy 
     requirements described in section 210304(b)(3) of the Violent 
     Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
     14132(b)(3));

[[Page S7513]]

       ``(C) specifying the percentage of the amounts received 
     under the grant that the State or unit of local government 
     shall use to carry out DNA analyses of samples described in 
     paragraph (1)(A) and the percentage of the amounts the State 
     or unit of local government shall use to carry out DNA 
     analyses of samples described in paragraph (1)(B);
       ``(D) specifying the percentage of the amounts received 
     under the grant that the State or unit of local government 
     shall use for a purpose described in paragraph (1)(C);
       ``(E) if submitted by a unit of local government, 
     certifying that the unit of local government has taken, or is 
     taking, all necessary steps to ensure that the unit of local 
     government is eligible to include in the Combined DNA Index 
     System, directly or through a State law enforcement agency, 
     all analyses of samples for which the unit of local 
     government has requested funding; and
       ``(F) specifying the percentage of the amounts received 
     under the grant that the State or unit of local government 
     shall use for the purpose described in paragraph (1)(D).
       ``(3) Analysis of samples.--
       ``(A) In general.--A plan described in paragraph (2)(A) 
     shall require that, except as provided in subparagraph (C), 
     each DNA analysis be carried out in a laboratory that--
       ``(i) satisfies quality assurance standards; and
       ``(ii) is--

       ``(I) operated by the State or a unit of local government; 
     or
       ``(II) operated by a private entity pursuant to a contract 
     with the State or a unit of local government.

       ``(B) Quality assurance standards.--
       ``(i) In general.--The Director of the Federal Bureau of 
     Investigation shall maintain and make available to States and 
     units of local government a description of quality assurance 
     protocols and practices that the Director of the Federal 
     Bureau of Investigation considers adequate to assure the 
     quality of a forensic laboratory.
       ``(ii) Existing standards.--For purposes of this paragraph, 
     a laboratory satisfies quality assurance standards if the 
     laboratory satisfies the quality control requirements 
     described in paragraphs (1) and (2) of section 210304(b) of 
     the Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14132(b)).
       ``(4) Use of vouchers or contracts for certain purposes.--
       ``(A) In general.--A grant for a purpose specified in 
     subparagraph (A), (B), (E), or (F) of paragraph (1) may be 
     made in the form of a voucher or contract for laboratory 
     services, even if the laboratory makes a reasonable profit 
     for the services.
       ``(B) Redemption.--A voucher or contract under subparagraph 
     (A) may be redeemed at a laboratory operated on a nonprofit 
     or for-profit basis, by a private entity that satisfies 
     quality assurance standards and has been approved by the 
     Attorney General.
       ``(C) Payments.--The Attorney General may use amounts 
     appropriated to carry out this section to make payments to a 
     laboratory described under subparagraph (B).
       ``(5) Reporting and publication of dna backlogs.--
       ``(A) In general.--A plan described in paragraph (2)(A) 
     shall require the State or unit of local government to submit 
     to the Attorney General an annual report reflecting the 
     backlog for DNA case work within the jurisdiction in which 
     the funds will be used, which shall include--
       ``(i) a specific breakdown of the number of sexual assault 
     cases that are in a backlog for DNA case work and the 
     percentage of the amounts received under the grant allocated 
     to reducing the backlog of DNA case work in sexual assault 
     cases;
       ``(ii) for each case that is in a backlog for DNA case 
     work, the identity of each agency, office, or contractor of 
     the State or unit of local government in which work necessary 
     to complete the DNA analysis is pending; and
       ``(iii) any other information the Attorney General 
     determines appropriate.
       ``(B) Compilation.--The Attorney General shall annually 
     compile and publish the reports submitted under subparagraph 
     (A) on the website of the Department of Justice.
       ``(e) Formula for Distribution of Grants.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Attorney General shall distribute grant amounts, and 
     establish appropriate grant conditions under this section, in 
     conformity with a formula or formulas that are designed to 
     effectuate a distribution of funds among States and units of 
     local government applying for grants under this section 
     that--
       ``(A) maximizes the effective use of DNA technology to 
     solve crimes and protect public safety; and
       ``(B) allocates grants among States and units of local 
     government fairly and efficiently, across rural and urban 
     jurisdictions, to address States and units of local 
     government in which significant backlogs for DNA case work 
     exist, by considering--
       ``(i) the number of offender and casework samples awaiting 
     DNA analysis in a State or unit of local government;
       ``(ii) the population in the State or unit of local 
     government;
       ``(iii) the number of part 1 violent crimes in the State or 
     unit of local government; and
       ``(iv) the availability of resources to train emergency 
     response providers, law enforcement personnel, prosecutors, 
     and crime laboratory personnel on the effectiveness of 
     appropriate and timely DNA collection, processing, and 
     analysis.
       ``(2) Minimum amount.--The Attorney General shall allocate 
     to each State not less than 0.50 percent of the total amount 
     appropriated in a fiscal year for grants under this section, 
     except that the United States Virgin Islands, American Samoa, 
     Guam, and the Northern Mariana Islands shall each be 
     allocated 0.125 percent of the total amount appropriated in a 
     fiscal year for grants under this section.
       ``(3) Limitation.--In distributing grant amounts under 
     paragraph (1), the Attorney General shall ensure that for 
     each of fiscal years 2011 through 2015, not less than 40 
     percent of the grant amounts are awarded for purposes 
     described in subsection (d)(1)(B).
       ``(f) Restrictions on Use of Fund.--
       ``(1) Nonsupplanting.--Funds made available under this 
     section shall not be used to supplant funds of a State or 
     unit of local government, and shall be used to increase the 
     amount of funds that would, in the absence of Federal funds, 
     be made available from the State or unit of local government 
     for the purposes described in this Act.
       ``(2) Administrative costs.--A State or unit of local 
     government may not use more than 3 percent of the amounts 
     made available under a grant under this section for 
     administrative expenses relating to the grant.
       ``(g) Reports to the Attorney General.--Each State or unit 
     of local government that receives a grant under this section 
     shall submit to the Attorney General, for each year in which 
     funds from a grant received under this section are expended, 
     a report at such time and in such manner as the Attorney 
     General may reasonably require, that contains--
       ``(1) a summary of the activities carried out under the 
     grant and an assessment of whether such activities are 
     meeting the needs identified in the application; and
       ``(2) such other information as the Attorney General may 
     require.
       ``(h) Reports to Congress.--Not later than 90 days after 
     the end of each fiscal year for which grants are made under 
     this section, the Attorney General shall submit to Congress a 
     report that includes--
       ``(1) the aggregate amount of grants made under this 
     section to each State or unit of local government for the 
     fiscal year;
       ``(2) a summary of the information provided by States or 
     units of local government receiving grants under this 
     section; and
       ``(3) a description of the priorities and plan for awarding 
     grants among eligible States and units of local government, 
     and how the plan will ensure the effective use of DNA 
     technology to solve crimes and protect public safety.
       ``(i) Expenditure Records.--
       ``(1) In general.--Each State or unit of local government 
     that receives a grant under this section shall keep such 
     records as the Attorney General may require to facilitate an 
     effective audit of the receipt and use of grant funds 
     received under this section.
       ``(2) Access.--Each State or unit of local government that 
     receives a grant under this section shall make available, for 
     the purpose of audit and examination, any records relating to 
     the receipt or use of the grant.
       ``(j) Use of Funds for Accreditation and Audits.--The 
     Attorney General may distribute not more than 1 percent of 
     the amounts made available for grants under this section for 
     a fiscal year--
       ``(1) to States or units of local government to defray the 
     costs incurred by laboratories operated by each such State or 
     unit of local government in preparing for accreditation or 
     reaccreditation;
       ``(2) in the form of additional grants to States, units of 
     local government, or nonprofit professional organizations of 
     persons actively involved in forensic science and nationally 
     recognized within the forensic science community to--
       ``(A) defray the costs of external audits of laboratories 
     operated by the State or unit of local government, which 
     participates in the National DNA Index System, to determine 
     whether the laboratory is in compliance with quality 
     assurance standards;
       ``(B) assess compliance with any plans submitted to the 
     Director that detail the use of funds received by States or 
     units of local government under this section; and
       ``(C) support capacity building efforts; and
       ``(3) in the form of additional grants to nonprofit 
     professional associations actively involved in forensic 
     science and nationally recognized within the forensic science 
     community to defray the costs of training persons who conduct 
     external audits of laboratories operated by States and units 
     of local government and which participate in the National DNA 
     Index System.
       ``(k) Use of Funds for Other Forensic Sciences.--The 
     Attorney General may make a grant under this section to a 
     State or unit of local government to alleviate a backlog of 
     cases with respect to a forensic science other than DNA 
     analysis if the State or unit of local government--
       ``(1) certifies to the Attorney General that in such State 
     or unit--
       ``(A) all of the purposes set forth in subsections (c) and 
     (d) have been met;
       ``(B) there is not a backlog for DNA case work, as defined 
     by the Director in accordance with subsection (b)(3); and
       ``(C) there is no need for significant laboratory 
     equipment, supplies, or additional personnel for timely 
     processing of DNA case work or offender samples; and
       ``(2) demonstrates to the Attorney General that the State 
     or unit of local government requires assistance in 
     alleviating a backlog

[[Page S7514]]

     of cases involving a forensic science other than DNA 
     analysis.
       ``(l) External Audits and Remedial Efforts.--If a 
     laboratory operated by a State or unit of local government 
     which has received funds under this section has undergone an 
     external audit conducted to determine whether the laboratory 
     is in compliance with standards established by the Director 
     of the Federal Bureau of Investigation, and, as a result of 
     the audit, identifies measures to remedy deficiencies with 
     respect to the compliance by the laboratory with the 
     standards, the State or unit of local government shall 
     implement any such remediation as soon as practicable.
       ``(m) Penalty for Noncompliance.--
       ``(1) In general.--The Attorney General shall annually 
     compile a list of the States and units of local government 
     receiving a grant under this section that have failed to 
     provide the information required under subsection (c)(4)(A), 
     (d)(5)(A), or (g). The Attorney General shall publish each 
     list complied under this paragraph on the website of the 
     Department of Justice.
       ``(2) Reduction in grant funds.--For any State or local 
     government that the Attorney General determines has failed to 
     provide the information required under subsection (c)(4)(A), 
     (d)(5)(A), or (g), the Attorney General may not award a grant 
     under this section for the fiscal year after the fiscal year 
     to which the determination relates in an amount that is more 
     than 50 percent of the amount the State or local government 
     would have otherwise received.
       ``(n) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Attorney General for 
     grants under subsections (c) and (d) $151,000,000 for each of 
     fiscal years 2011 through 2015.''.
       (b) Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall evaluate the policies, standards, and 
     protocols relating to the use of private laboratories in the 
     analysis of DNA evidence, including the mandatory technical 
     review of all outsourced DNA evidence by public laboratories 
     prior to uploading DNA profiles into the Combined DNA Index 
     System of the Federal Bureau of Investigation. The evaluation 
     shall take into consideration the need to reduce DNA evidence 
     backlogs while guaranteeing the integrity of the Combined DNA 
     Index System.
       (2) Report to congress.--Not later than 30 days after the 
     date on which the Director of the Federal Bureau of 
     Investigation completes the evaluation under paragraph (1), 
     the Director shall submit to Congress a report of the 
     findings of the evaluation and any proposed policy changes.
       (c) Transition Provision.--
       (1) Definition.--In this subsection, the term ``transition 
     date'' means the day after the latter of--
       (A) the date on which the Director of the National 
     Institute of Justice publishes a definition of the term 
     ``backlog for DNA case work'' in accordance with section 
     2(b)(3) of the DNA Analysis Backlog Elimination Act of 2000, 
     as amended by subsection (a); and
       (B) the date on which the Director of the National 
     Institute of Justice publishes a description of protocols and 
     practices in accordance with section 2(b)(1) of the DNA 
     Analysis Backlog Elimination Act of 2000, as amended by 
     subsection (a).
       (2) Grant authority.--Notwithstanding the amendments made 
     by subsection (a)--
       (A) the Attorney General may make grants under section 2 of 
     the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
     14135), as in effect on the day before the date of enactment 
     of this Act, until the transition date; and
       (B) the Attorney General may not make a grant under section 
     2 of the DNA Analysis Backlog Elimination Act of 2000, as 
     amended by subsection (a), until the transition date.

     SEC. 5. RAPE EXAM PAYMENTS.

       Section 2010 of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3796gg-4) is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``entity incurs the full'' and inserting 
     the following: ``entity--
       ``(A) incurs the full'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(B) coordinates with regional health care providers to 
     notify victims of sexual assault of the availability of rape 
     exams at no cost to the victims.'';
       (2) in subsection (b)--
       (A) in paragraph (1), by adding ``or'' at the end;
       (B) in paragraph (2), by striking ``; or'' and inserting a 
     period; and
       (C) by striking paragraph (3); and
       (3) in subsection (d), by striking ``(d) Rule of 
     Construction.--'' and all that follows through the end of 
     paragraph (1) and inserting the following:
       ``(d) Noncooperation.--
       ``(1) In general.--To be in compliance with this section, a 
     State, Indian tribal government, or unit of local government 
     shall comply with subsection (b) without regard to whether 
     the victim participates in the criminal justice system or 
     cooperates with law enforcement.''.

     SEC. 6. 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 ``fiscal years 2005 through 2009'' and inserting 
     ``fiscal years 2011 through 2015''.
       (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 ``fiscal years 2005 through 2009'' and 
     inserting ``fiscal years 2011 through 2015''.
       (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 2011 through 2015''.

     SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.

       Section 1001(a)(24) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is 
     amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(K) $35,000,000 for each of fiscal years 2011 through 
     2015.''.

     SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN STATE 
                   CAPITAL CASES.

       Section 426 of the Justice for All Act of 2004 (42 U.S.C. 
     14163e) is amended--
       (1) in subsection (a), by striking ``$75,000,000 for each 
     of fiscal years 2005 through 2009'' and inserting 
     ``$50,000,000 for each of fiscal years 2011 through 2015''; 
     and
       (2) in subsection (b), by inserting before the period at 
     the end the following: ``, or upon a showing of good cause, 
     and at the discretion of the Attorney General, the State may 
     determine a fair allocation of funds across the uses 
     described in sections 421 and 422.''.

     SEC. 9. POST-CONVICTION DNA TESTING.

       (a) In General.--Section 3600 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(B)(i), by striking ``death''; and
       (B) in paragraph (3)(A), by striking ``and the applicant 
     did not--'' and all that follows through ``knowingly fail to 
     request'' and inserting ``and the applicant did not knowingly 
     fail to request''; and
       (2) in subsection (g)(2)(B), by striking ``death''.
       (b) Preservation of Biological Evidence.--Section 3600A(c) 
     of title 18, United States Code, is amended--
       (1) by striking paragraph (2); and
       (2) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (2), (3), and (4), respectively.

     SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION 
                   OF CLAIMS OF ACTUAL INNOCENCE.

       (a) In General.--Section 413 of the Justice for All Act of 
     2004 (42 U.S.C. 14136 note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal years 2005 through 2009'' and inserting ``fiscal 
     years 2011 through 2015''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) 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 to persons convicted after trial and under a 
     sentence of imprisonment or death for a State felony offense, 
     in a manner that ensures a reasonable process for resolving 
     claims of actual innocence consistent with section 3600(a) of 
     title 18, United States Code (which may include making post-
     conviction DNA testing available in cases in which the 
     testing would not be required under that section) and, if the 
     results of the testing exclude the applicant as the 
     perpetrator of the offense, permits the applicant to apply 
     for post-conviction relief, notwithstanding any provision of 
     law that would otherwise bar the application as untimely; and
       ``(B) preserves biological evidence 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 a State 
     felony offense (including, at a minimum murder, non-negligent 
     manslaughter and sexual offenses) in a manner consistent with 
     section 3600A of title 18, United States (which may require 
     preservation of biological evidence for longer than the 
     period of time that the evidence would be required to be 
     preserved under that section).''.
       (b) Authorization of Appropriations.--Section 412(b) of the 
     Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is 
     amended--
       (1) by striking ``fiscal years 2005 through 2009'' and 
     inserting ``fiscal years 2011 through 2015''; and
       (2) by striking ``$5,000,000'' and inserting 
     ``$10,000,000''.

     SEC. 11. ESTABLISHMENT OF NATIONAL STANDARDS PROMULGATED BY 
                   NIJ.

       (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 NATIONAL STANDARDS PROMULGATED 
                   BY NIJ.

       ``(a) In General.--The Director of the National Institute 
     of Justice shall--
       ``(1) establish best practices for evidence retention; 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

[[Page S7515]]

     shall publish 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 national standards promulgated by NIJ.''.

     SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

       (a) Short Title.--This section may be cited as the 
     ``Effective Administration of Criminal Justice Act of 2010''.
       (b) Strategic Planning.--Section 502 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3752) is amended--
       (1) by inserting ``(a) In General.--'' before ``To request 
     a grant''; and
       (2) by adding at the end the following:
       ``(6) A comprehensive State-wide plan detailing how grants 
     received under this section will be used to improve the 
     administration of the criminal justice system, which shall--
       ``(A) be designed in consultation with local governments, 
     and all segments of the criminal justice system, including 
     judges, prosecutors, law enforcement personnel, corrections 
     personnel, and providers of indigent defense services, victim 
     services, juvenile justice delinquency prevention programs, 
     community corrections, and reentry services;
       ``(B) include a description of how the State will allocate 
     funding within and among each of the uses described in 
     subparagraphs (A) through (G) of section 501(a)(1);
       ``(C) describe the process used by the State for gathering 
     evidence-based data and developing and using evidence-based 
     and evidence-gathering approaches in support of funding 
     decisions; and
       ``(D) be updated every 5 years, with annual progress 
     reports that--
       ``(i) address changing circumstances in the State, if any;
       ``(ii) describe how the State plans to adjust funding 
     within and among each of the uses described in subparagraphs 
     (A) through (G) of section 501(a)(1);
       ``(iii) provide an ongoing assessment of need;
       ``(iv) discuss the accomplishment of goals identified in 
     any plan previously prepared under this paragraph; and
       ``(v) reflect how the plan influenced funding decisions in 
     the previous year.
       ``(b) Technical Assistance.--
       ``(1) Strategic planning.--Not later than 90 days after the 
     date of enactment of this subsection, the Attorney General 
     shall begin to provide technical assistance to States and 
     local governments requesting support to develop and implement 
     the strategic plan required under subsection (a)(6).
       ``(2) Protection of constitutional rights.--Not later than 
     90 days after the date of enactment of this subsection, the 
     Attorney General shall begin to provide technical assistance 
     to States and local governments, including any agent thereof 
     with responsibility for administration of justice, requesting 
     support to meet the obligations established by the Sixth 
     Amendment to the Constitution of the United States, which 
     shall include--
       ``(A) public dissemination of practices, structures, or 
     models for the administration of justice consistent with the 
     requirements of the Sixth Amendment; and
       ``(B) assistance with adopting and implementing a system 
     for the administration of justice consistent with the 
     requirements of the Sixth Amendment.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of fiscal years 2011 
     through 2015 to carry out this subsection.''.
       (c) Protection of Constitutional Rights.--
       (1) Unlawful conduct.--It shall be unlawful for any 
     governmental authority, or any agent thereof, or any person 
     acting on behalf of a governmental authority, to engage in a 
     pattern or practice of conduct by officials or employees of 
     any governmental agency with responsibility for the 
     administration of justice, including the administration of 
     programs or services that provide appointed counsel to 
     indigent defendants, that deprives persons of their rights to 
     assistance of counsel as protected under the Sixth Amendment 
     and Fourteenth Amendment to the Constitution of the United 
     States.
       (2) Civil action by attorney general.--Whenever the 
     Attorney General has reasonable cause to believe that a 
     violation of paragraph (1) has occurred, the Attorney 
     General, for or in the name of the United States, may, in a 
     civil action, obtain appropriate equitable and declaratory 
     relief to eliminate the pattern or practice.
       (3) Effective date.--This subsection shall take effect 2 
     years after the date of enactment.

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