[Congressional Record Volume 162, Number 29 (Wednesday, February 24, 2016)]
[Senate]
[Pages S996-S1000]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. CORNYN (for himself, Mr. Leahy, Ms. Ayotte, and Mr.
Durbin):
S. 2577. A bill to protect crime victims' rights, to eliminate the
substantial backlog of DNA and other forensic evidence samples to
improve and expand the forensic science testing capacity of Federal,
State, and local crime laboratories, to increase research and
development of new testing technologies, to develop new training
programs regarding the collection and use of forensic evidence, to
provide post-conviction testing of DNA evidence to exonerate the
innocent, to support accreditation efforts of forensic science
laboratories and medical examiner offices, to address training and
equipment needs, to improve the performance of counsel in State capital
cases, and for other purposes; to the Committee on the Judiciary.
Mr. CORNYN. 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. 2577
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for All
Reauthorization Act of 2016''.
SEC. 2. CRIME VICTIMS' RIGHTS.
(a) Restitution During Supervised Release.--Section 3583(d)
of title 18, United States Code, is amended in the first
sentence by inserting ``, that the defendant make restitution
in accordance with sections 3663 and 3663A, or any other
statute authorizing a sentence of restitution,'' after
``supervision''.
(b) Collection of Restitution From Defendant's Estate.--
Section 3613(b) of title 18, United States Code, is amended
by adding at the end the following: ``The liability to pay
restitution shall terminate on the date that is the later of
20 years from the entry of judgment or 20 years after the
release from imprisonment of the person ordered to pay
restitution. In the event of the death of the person ordered
to pay restitution, the individual's estate will be held
responsible for any unpaid balance of the restitution amount,
and the lien provided in subsection (c) of this section shall
continue until the estate receives a written release of that
liability.''.
(c) Victim Interpreters.--Rule 28 of the Federal Rules of
Criminal Procedure is amended in the first sentence by
inserting before the period at the end the following: ``,
including an interpreter for the victim''.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME
VICTIMS.
(a) Crime Victims Legal Assistance Grants.--Section 103(b)
of the Justice for All Act of 2004 (Public Law 108-405; 118
Stat. 2264) is amended--
(1) in paragraph (1), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(2) in paragraph (2), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(3) in paragraph (3), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(4) in paragraph (4), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021''; and
(5) in paragraph (5), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021''.
(b) Crime Victims Notification Grants.--Section 1404E(c) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is
amended by striking ``2006, 2007, 2008, and 2009'' and
inserting ``2017 through 2021.''.
SEC. 4. REDUCING THE RAPE KIT BACKLOG.
Of the amounts made available to the Attorney General for a
DNA Analysis and capacity enhancement program and for other
local, State, and Federal forensic activities under the
heading ``state and local law enforcement'' under the heading
``Office of Justice Programs'' under the heading ``DEPARTMENT
OF JUSTICE'' in a fiscal year--
(1) not less than 75 percent of such amounts shall be
provided for grants for direct testing activities described
under paragraphs (1), (2), and (3) of section 2(a) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135(a)); and
(2) not less than 5 percent of such amounts shall be
provided for grants for law enforcement agencies to conduct
audits of their backlogged rape kits, including through the
creation of a tracking system, under section 2(a)(7) of the
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135(a)(7)), and to prioritize testing in those cases in
which the statute of limitation will soon expire.
SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS.
Section 304 of the DNA Sexual Assault Justice Act of 2004
(42 U.S.C. 14136a) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Preference.--
``(1) In general.--In reviewing applications submitted in
accordance with a program authorized, in whole or in part, by
this section, the Attorney General shall give preference to
any eligible entity that certifies that the entity will use
the grant funds to--
``(A) operate or expand forensic nurse examiner programs in
a rural area or for an underserved population, as those terms
are defined in section 4002 of the Violence Against Women Act
of 1994 (42 U.S.C. 13925);
``(B) hire full-time forensic nurse examiners to conduct
activities under subsection (a); or
``(C) sustain or establish a training program for forensic
nurse examiners.
``(2) Directive to the attorney general.--Not later than
120 days after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall
coordinate with the Secretary of Health and Human Services to
inform Federal Qualified Health Centers, Community Health
Centers, hospitals, colleges and universities, and other
appropriate health-related entities about the role of
forensic nurses and existing resources available within the
Department of Justice and the Department of Health and Human
Services to train or employ forensic nurses to address the
needs of communities dealing with sexual assault, domestic
violence, and elder abuse. The Attorney General shall
collaborate on this effort with nongovernmental organizations
representing forensic nurses.''.
SEC. 6. PROTECTING THE VIOLENCE AGAINST WOMEN ACT.
Section 8(e)(1)(A) of the Prison Rape Elimination Act of
2003 (42 U.S. 15607(e)(1)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(iii) the program is not administered by the Office on
Violence Against Women of the Department of Justice.''.
SEC. 7. CLARIFICATION OF VIOLENCE AGAINST WOMEN ACT HOUSING
PROTECTIONS.
Section 41411(b)(3)(B)(ii) of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e-11(b)(3)(B)(ii)) is amended--
(1) in the first sentence, by inserting ``or resident''
after ``any remaining tenant''; and
(2) in the second sentence, by inserting ``or resident''
after ``tenant'' each place it appears.
SEC. 8. STRENGTHENING THE PRISON RAPE ELIMINATION ACT.
The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et
seq.) is amended--
(1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking
subparagraph (A) and inserting the following:
``(A)(i) include the certification of the chief executive
that the State receiving such grant has adopted all national
prison rape standards that, as of the date on which the
application was submitted, have been promulgated under this
Act; or
``(ii) demonstrate to the Attorney General, in such manner
as the Attorney General shall require, that the State
receiving such grant is actively working to adopt and achieve
full compliance with the national
[[Page S997]]
prison rape standards described in clause (i);''; and
(2) in section 8(e) (42 U.S.C. 15607(e))--
(A) by striking paragraph (2) and inserting the following:
``(2) Adoption of national standards.--
``(A) In general.--For each fiscal year, any amount that a
State would otherwise receive for prison purposes for that
fiscal year under a grant program covered by this subsection
shall be reduced by 5 percent, unless the chief executive
officer of the State submits to the Attorney General proof of
compliance with this Act through--
``(i) a certification that the State has adopted, and is in
full compliance with, the national standards described in
subsection (a); or
``(ii) an assurance that the State intends to adopt and
achieve full compliance with those national standards so as
to ensure that a certification under clause (i) may be
submitted in future years, which includes--
``(I) a commitment that not less than 5 percent of such
amount shall be used for this purpose; or
``(II) a request that the Attorney General hold 5 percent
of such amount in abeyance pursuant to the requirements of
subparagraph (E).
``(B) Rules for certification.--
``(i) In general.--A chief executive officer of a State who
submits a certification under this paragraph shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational control
of the executive branch of the State;
``(II) a list of the prisons listed under subclause (I)
that were audited during the most recently concluded audit
year;
``(III) all final audit reports for prisons listed under
subclause (I) that were completed during the most recently
concluded audit year; and
``(IV) a proposed schedule for completing an audit of all
the prisons listed under subclause (I) during the following 3
audit years.
``(ii) Audit appeal exception.--Beginning on the date that
is 3 years after the date of enactment of the Justice for All
Reauthorization Act of 2016, a chief executive officer of a
State may submit a certification that the State is in full
compliance pursuant to subparagraph (A)(i) even if a prison
under the operational control of the executive branch of the
State has an audit appeal pending.
``(C) Rules for assurances.--
``(i) In general.--A chief executive officer of a State who
submits an assurance under subparagraph (A)(ii) shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational control
of the executive branch of the State;
``(II) a list of the prisons listed under subclause (I)
that were audited during the most recently concluded audit
year;
``(III) an explanation of any barriers the State faces to
completing required audits;
``(IV) all final audit reports for prisons listed under
subclause (I) that were completed during the most recently
concluded audit year;
``(V) a proposed schedule for completing an audit of all
prisons under the operational control of the executive branch
of the State during the following 3 audit years; and
``(VI) an explanation of the State's current degree of
implementation of the national standards.
``(ii) Additional requirement.--A chief executive officer
of a State who submits an assurance under subparagraph
(A)(ii)(I) shall, before receiving the applicable funds
described in subparagraph (A)(ii)(I), also provide the
Attorney General with a proposed plan for the expenditure of
the funds during the applicable grant period.
``(iii) Accounting of funds.--A chief executive officer of
a State who submits an assurance under subparagraph
(A)(ii)(I) shall, in a manner consistent with the applicable
grant reporting requirements, submit to the Attorney General
a detailed accounting of how the funds described in
subparagraph (A) were used.
``(D) Sunset of assurance option.--
``(i) In general.--On the date that is 3 years after the
date of enactment of the Justice for All Reauthorization Act
of 2016, subclause (II) of subparagraph (A)(ii) shall cease
to have effect.
``(ii) Additional sunset.--On the date that is 6 years
after the date of enactment of the Justice for All
Reauthorization Act of 2016, clause (ii) of subparagraph (A)
shall cease to have effect.
``(iii) Emergency assurances.--
``(I) Request.--Notwithstanding clause (ii), during the 2-
year period beginning 6 years after the date of enactment of
the Justice for All Reauthorization Act of 2016, a chief
executive officer of a State who certifies that the State has
audited not less than 90 percent of prisons under the
operational control of the executive branch of the State may
request that the Attorney General allow the chief executive
officer to submit an emergency assurance in accordance with
subparagraph (A)(ii) as in effect on the day before the date
on which that subparagraph ceased to have effect under clause
(ii) of this subparagraph.
``(II) Grant of request.--The Attorney General shall grant
a request submitted under subclause (I) within 60 days upon a
showing of good cause.
``(E) Disposition of funds held in abeyance.--
``(i) In general.--If the chief executive officer of a
State who has submitted an assurance under subparagraph
(A)(ii)(II) subsequently submits a certification under
subparagraph (A)(i) during the 3-year period beginning on the
date of enactment of the Justice for All Reauthorization Act
of 2016, the Attorney General will release all funds held in
abeyance under subparagraph (A)(ii)(II) to be used by the
State in accordance with the conditions of the grant program
for which the funds were provided.
``(ii) Release of funds.--If the chief executive officer of
a State who has submitted an assurance under subparagraph
(A)(ii)(II) is unable to submit a certification during the 3-
year period beginning on the date of enactment of the Justice
for All Reauthorization Act of 2016, but does assure the
Attorney General that \2/3\ of prisons under the operational
control of the executive branch of the State have been
audited at least once, the Attorney General shall release all
of the funds of the State held in abeyance to be used in
adopting and achieving full compliance with the national
standards, if the State agrees to comply with the applicable
requirements in clauses (ii) and (iii) of subparagraph (C).
``(iii) Redistribution of funds.--If the chief executive
officer of a State who has submitted an assurance under
subparagraph (A)(ii)(II) is unable to submit a certification
during the 3-year period beginning on the date of enactment
of the Justice for All Reauthorization Act of 2016 and does
not assure the Attorney General that \2/3\ of prisons under
the operational control of the executive branch of the State
have been audited at least once, the Attorney General shall
redistribute the funds of the State held in abeyance to other
States to be used in accordance with the conditions of the
grant program for which the funds were provided.
``(F) Publication of audit results.--Not later than 1 year
after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall
request from each State, and make available on an appropriate
Internet website, all final audit reports completed to date
for prisons under the operational control of the executive
branch of each State. The Attorney General shall update such
website annually with reports received from States under
subparagraphs (B)(i) and (C)(i).
``(G) Report on implementation of national standards.--Not
later than 2 years after the date of enactment of the Justice
for All Reauthorization Act of 2016, the Attorney General
shall issue a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives on the status of implementation of the
national standards and the steps the Department, in
conjunction with the States and other key stakeholders, is
taking to address any unresolved implementation issues.'';
and
(B) by adding at the end the following:
``(8) Background checks for auditors.--An individual
seeking certification by the Department of Justice to serve
as an auditor of prison compliance with the national
standards described in subsection (a) shall, upon request,
submit fingerprints in the manner determined by the Attorney
General for criminal history record checks of the applicable
State and Federal Bureau of Investigation repositories.''.
SEC. 9. ADDITIONAL REAUTHORIZATIONS.
(a) DNA Research and Development.--Section 305(c) of the
Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended
by striking ``$15,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$5,000,000 for each of fiscal
years 2017 through 2021''.
(b) FBI DNA Programs.--Section 307(a) of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2275) is
amended by striking ``$42,100,000 for each of fiscal years
2005 through 2009'' and inserting ``$10,000,000 for each of
fiscal years 2017 through 2021''.
(c) DNA Identification of Missing Persons.--Section 308(c)
of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is
amended by striking ``fiscal years 2005 through 2009'' and
inserting ``fiscal years 2017 through 2021''.
SEC. 10. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
(a) Grants.--Part BB of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797j) is
amended--
(1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting
after ``bodies'' the following: ``and is accredited by an
accrediting body that is a signatory to an internationally
recognized arrangement and that offers accreditation to
forensic science conformity assessment bodies using an
accreditation standard that is recognized by that
internationally recognized arrangement, or attests, in a
manner that is legally binding and enforceable, to use a
portion of the grant amount to prepare and apply for such
accreditation not more than 2 years after the date on which a
grant is awarded under section 2801'';
(2) in section 2803(a) (42 U.S.C. 3797l(a))--
(A) in paragraph (1)--
(i) by striking ``Seventy-five percent'' and inserting
``Eighty-five percent''; and
(ii) by striking ``75 percent'' and inserting ``85
percent'';
(B) in paragraph (2), by striking ``Twenty-five percent''
and inserting ``Fifteen percent''; and
(C) in paragraph (3), by striking ``0.6 percent'' and
inserting ``1 percent'';
(3) in section 2804(a) (42 U.S.C. 3797m(a)) is amended--
(A) in paragraph (2)--
(i) by inserting ``impression evidence,'' after ``latent
prints,''; and
[[Page S998]]
(ii) by inserting ``digital evidence, fire evidence,''
after ``toxicology,'';
(B) in paragraph (3), by inserting ``and medicolegal death
investigators'' after ``laboratory personnel''; and
(C) by inserting at the end the following:
``(4) To address emerging forensic science issues (such as
statistics, contextual bias, and uncertainty of measurement)
and emerging forensic science technology (such as high
throughput automation, statistical software, and new types of
instrumentation).
``(5) To educate and train forensic pathologists in the
United States.
``(6) To work with the States and units of local government
to direct funding to medicolegal death investigation systems
to facilitate accreditation of medical examiner and coroner
offices and certification of medicolegal death
investigators.''; and
(4) in section 2806(a) (42 U.S.C. 3797o(a))--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) the progress of any unaccredited forensic science
service provider receiving grant funds toward obtaining
accreditation; and''.
(b) Authorization of Appropriations.--Section 1001(a)(24)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(24)) is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(J) $25,000,000 for each of fiscal years 2017 through
2021.''.
SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION IN STATE
CAPITAL CASES.
Section 426 of the Justice for All Act of 2004 (42 U.S.C.
14163e) is amended--
(1) in subsection (a), by striking ``$75,000,000 for each
of fiscal years 2005 through 2009'' and inserting
``$30,000,000 for each of fiscal years 2017 through 2021'';
and
(2) in subsection (b), by inserting before the period at
the end the following: ``, or upon a showing of good cause,
and at the discretion of the Attorney General, the State may
determine a fair allocation of funds across the uses
described in sections 421 and 422''.
SEC. 12. POST-CONVICTION DNA TESTING.
(a) In General.--Section 3600 of title 18, United States
Code, is amended--
(1) by striking ``under a sentence of'' in each place it
appears and inserting ``sentenced to'';
(2) in subsection (a)--
(A) in paragraph (1)(B)(i), by striking ``death''; and
(B) in paragraph (3)(A), by striking ``and the applicant
did not--'' and all that follows through ``knowingly fail to
request'' and inserting ``and the applicant did not knowingly
fail to request'';
(3) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) order the Government to--
``(i) prepare an inventory of the evidence related to the
case; and
``(ii) issue a copy of the inventory to the court, the
applicant, and the Government.'';
(4) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) Results.--
``(A) In general.--The results of any DNA testing ordered
under this section shall be simultaneously disclosed to the
court, the applicant, and the Government.
``(B) Results exclude applicant.--
``(i) In general.--If a DNA profile is obtained through
testing that excludes the applicant as the source and the DNA
complies with the Federal Bureau of Investigation's
requirements for the uploading of crime scene profiles to the
National DNA Index System (referred to in this subsection as
`NDIS'), the court shall order that the law enforcement
entity with direct or conveyed statutory jurisdiction that
has access to the NDIS submit the DNA profile obtained from
probative biological material from crime scene evidence to
determine whether the DNA profile matches a profile of a
known individual or a profile from an unsolved crime.
``(ii) NDIS search.--The results of a search under clause
(i) shall be simultaneously disclosed to the court, the
applicant, and the Government.''; and
(B) in paragraph (2), by striking ``the National DNA Index
System (referred to in this subsection as `NDIS')'' and
inserting ``NDIS''; and
(5) in subsection (g)(2)(B), by striking ``death''.
(b) Preservation of Biological Evidence.--Section 3600A of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``under a sentence of''
and inserting ``sentenced to''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3), (4), and (5) as
paragraphs (1), (2), and (3), respectively.
SEC. 13. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING
PROGRAM.
(a) In General.--Section 413 of the Justice for All Act of
2004 (42 U.S.C. 14136 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2005 through 2009'' and inserting ``fiscal
years 2017 through 2021''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for eligible entities that are a State or unit of
local government, provide a certification by the chief legal
officer of the State in which the eligible entity operates or
the chief legal officer of the jurisdiction in which the
funds will be used for the purposes of the grants, that the
State or jurisdiction--
``(A) provides DNA testing of specified evidence under a
State statute or a State or local rule or regulation to
persons sentenced to imprisonment or death for a State felony
offense, in a manner intended to ensure a reasonable process
for resolving claims of actual innocence that ensures post-
conviction DNA testing in at least those cases that would be
covered by section 3600(a) of title 18, United States Code,
had they been Federal cases and, if the results of the
testing exclude the applicant as the source of the DNA,
permits the applicant to apply for post-conviction relief,
notwithstanding any provision of law that would otherwise bar
the application as untimely; and
``(B) preserves biological evidence, as defined in section
3600A of title 18, United States Code, under a State statute
or a State or local rule, regulation, or practice in a manner
intended to ensure that reasonable measures are taken by the
State or jurisdiction to preserve biological evidence secured
in relation to the investigation or prosecution of, at a
minimum, murder, nonnegligent manslaughter and sexual
offenses.''.
(b) Authorization of Appropriations.--Section 412(b) of the
Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended
by striking ``$5,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$10,000,000 for each of fiscal
years 2017 through 2021''.
SEC. 14. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
(a) In General.--Subtitle A of title IV of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2278) is
amended by adding at the end the following:
``SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
``(a) In General.--The Director of the National Institute
of Justice, in consultation with Federal, State, and local
law enforcement agencies and government laboratories, shall--
``(1) establish best practices for evidence retention to
focus on the preservation of forensic evidence; and
``(2) assist State, local, and tribal governments in
adopting and implementing the best practices established
under paragraph (1).
``(b) Deadline.--Not later than 1 year after the date of
enactment of this section, the Director of the National
Institute of Justice shall publish the best practices
established under subsection (a)(1).
``(c) Limitation.--Nothing in this section shall be
construed to require or obligate compliance with the best
practices established under subsection (a)(1).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Justice for All Act of 2004
(Public Law 108-405; 118 Stat. 2260) is amended by inserting
after the item relating to section 413 the following:
``Sec. 414. Establishment of best practices for evidence retention.''.
SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
(a) Short Title.--This section may be cited as the
``Effective Administration of Criminal Justice Act of 2015''.
(b) Strategic Planning.--Section 502 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3752) is amended--
(1) by inserting ``(a) In General.--'' before ``To request
a grant''; and
(2) by adding at the end the following:
``(6) A comprehensive Statewide plan detailing how grants
received under this section will be used to improve the
administration of the criminal justice system, which shall--
``(A) be designed in consultation with local governments,
and representatives of all segments of the criminal justice
system, including judges, prosecutors, law enforcement
personnel, corrections personnel, and providers of indigent
defense services, victim services, juvenile justice
delinquency prevention programs, community corrections, and
reentry services;
``(B) include a description of how the State will allocate
funding within and among each of the uses described in
subparagraphs (A) through (G) of section 501(a)(1);
``(C) describe the process used by the State for gathering
evidence-based data and developing and using evidence-based
and evidence-gathering approaches in support of funding
decisions;
``(D) describe the barriers at the State and local level
for accessing data and implementing evidence-based approaches
to preventing and reducing crime and recidivism; and
``(E) be updated every 5 years, with annual progress
reports that--
``(i) address changing circumstances in the State, if any;
``(ii) describe how the State plans to adjust funding
within and among each of the uses described in subparagraphs
(A) through (G) of section 501(a)(1);
[[Page S999]]
``(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 2017
through 2021 to carry out this subsection.''.
(c) Applicability.--The requirement to submit a strategic
plan under section 501(a)(6) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by subsection
(b), shall apply to any application submitted under such
section 501 for a grant for any fiscal year beginning after
the date that is 1 year after the date of enactment of this
Act.
SEC. 16. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are
authorized under this Act shall be subject to the following:
(1) Audit requirement.--Beginning in fiscal year 2016, and
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(2) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the 2 fiscal years beginning after the 12-month period
described in paragraph (5).
(3) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that, during the 3 fiscal years before submitting an
application for a grant under this Act, did not have an
unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
(4) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
(A) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
(B) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(5) Defined term.--In this section, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved within a 12-month period beginning
on the date when the final audit report is issued.
(6) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and the grant
programs described in this Act, the term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General shall not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
(7) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5
percent of the amounts authorized to be appropriated under
this Act may be used by the Attorney General for salaries and
administrative expenses of the Department of Justice.
(8) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or the appropriate
Assistant Attorney General, Director, or principal deputy as
the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host
a conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food and
beverages, audio/visual equipment, honoraria for speakers,
and any entertainment.
(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved by
operation of this paragraph.
(9) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any grant recipient
to--
(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding.
(B) Penalty.--If the Attorney General determines that any
recipient of a grant under this Act has violated subparagraph
(A), the Attorney General shall--
(i) require the grant recipient to repay the grant in full;
and
(ii) prohibit the grant recipient from receiving another
grant under this Act for not less than 5 years.
SEC. 17. NEEDS ASSESSMENT OF FORENSIC LABORATORIES.
(a) Study and Report.--Not later than October 1, 2018, the
Attorney General shall conduct a study and submit a report to
the Committee of the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on
the status and needs of the forensic science community.
(b) Requirements.--The report required under subsection (a)
shall--
(1) examine the status of current workload, backlog,
personnel, equipment, and equipment needs of public crime
laboratories and medical examiner and coroner offices;
(2) include an overview of academic forensic science
resources and needs, from a broad forensic science
perspective, including non-traditional crime laboratory
disciplines such as forensic anthropology, forensic
entomology, and others as determined appropriate by the
Attorney General;
(3) consider--
(A) the National Institute of Justice study, Forensic
Sciences: Review of Status and Needs, published in 1999;
(B) the Bureau of Justice Statistics census reports on
Publicly Funded Forensic Crime Laboratories, published in
2002, 2005, 2009, and 2014;
(C) the National Academy of Sciences report, Strengthening
Forensic Science: A Path Forward, published in 2009; and
(D) the Bureau of Justice Statistics survey of forensic
providers recommended by the National Commission of Forensic
Science and approved by the Attorney General on September 8,
2014;
(4) provide Congress with a comprehensive view of the
infrastructure, equipment, and personnel needs of the broad
forensic science community; and
(5) be made available to the public.
SEC. 18. SENSE OF CONGRESS.
It is the Sense of Congress that--
(1) the authority of the Director of the Office of Victims
of Crime under section 1404 of the Victims of Crime Act of
1984 (42 U.S.C. 10603) includes funding ongoing projects that
provide services to victims of crime on a nationwide basis or
Americans abroad who are victims of crimes committed outside
of the United States; and
(2) the proposed rule entitled ``VOCA Victim Assistance
Program'' published by the Office of Victims of Crime of the
Department of Justice in the Federal Register on August 27,
2013 (78 Fed. Reg. 52877) is consistent with section 1404 of
the Victims of Crime Act of 1984 (42 U.S.C. 10603).
Mr. LEAHY. Mr. President, today, I am proud to introduce the Justice
for All Reauthorization Act of 2016 with Senator Cornyn. The Justice
for All Act, originally enacted in 2004, was an unprecedented
bipartisan piece of criminal justice legislation. It has improved many
aspects of our criminal justice system, and this reauthorization
includes critical updates to ensure public confidence in the integrity
of the American justice system.
The bill builds on the work I began in 2000, when I introduced the
Innocence Protection Act. That measure was designed to ensure that
defendants receive competent representation in
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criminal cases and have access to post-conviction DNA testing in those
cases where the system got it wrong. The Innocence Protection Act
became a key component of the Justice for All Act, and is reauthorized
in the bill we introduce today.
We know our justice system is imperfect and that innocent people are
sometimes convicted, and even sentenced to death. There were 149 people
exonerated just last year, the highest number on record. They spent an
average of 15 years in prison before their names were cleared. There
have been 337 post-conviction DNA exonerations in the United States
since 1989. Twenty of them were sentenced to death.
The first person exonerated from a death row crime by DNA evidence
was a man named Kirk Bloodsworth. Kirk 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. Now the Kirk Bloodsworth Post
Conviction DNA Testing Grant Program is a cornerstone of the Justice
for All Act. 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.
This bill expands access to post-conviction DNA testing so that more
innocent people will have a chance at the redemption they deserve. For
example, this reauthorization will permit individuals to access DNA
testing even if they previously waived their right to testing as part
of a guilty plea. This change is critical because we know that people
sometimes pled guilty or confess to crimes they did not commit. In
fact, of the 337 people who have been freed based on DNA evidence, 88
falsely confessed or pled guilty. That is almost 30 percent of DNA
exonerations. Had it not been for DNA testing, they would likely still
be behind bars, or worse.
The bill also takes steps to encourage prosecutors to search for
additional leads when the DNA evidence tested excludes an individual.
Under the legislation, the government must run that DNA through the
national database to see if it matches someone else in the system who
might be the actual perpetrator. Unfortunately, this is not always
done. This commonsense measure will increase public safety by getting
the true criminals off the street.
Even in cases that do not involve DNA, it is imperative that every
criminal defendant, including those who cannot afford a lawyer, receive
effective representation. This bill requires the Department of Justice
to assist states in developing a proficient system of indigent defense.
I know as a former prosecutor, that the system only works as it should
when each side is well represented by competent and well-trained
counsel. This helps prevent wrongful convictions in the first place.
The Justice for All Reauthorization Act also increases resources for
public forensic laboratories. Prosecutors and police officers depend on
the efficient and accurate testing of evidence to solve cases. Putting
more resources into forensic testing will also help reduce rape kit
backlogs and ensure that survivors of this terrible crime are able to
see their cases prosecuted and begin to feel safe again.
This bill further addresses the needs of sexual assault survivors by
directing grants to forensic exam programs, prioritizing those that
operate in rural areas or provide assistance to underserved
populations. Timely access to forensic exams is a critical first step
in ensuring perpetrators are held accountable and taken off the
streets. We must also ensure that the evidence collected from these
exams in the form of rape kits are processed quickly. To help with that
effort, the bill also provides support for law enforcement to create
evidence tracking systems for rape kits, so their processing can be
monitored and accounted for.
Finally, we must ensure that law enforcement and victim services
programs have the resources they need to move these cases through our
justice system and assist these survivors.
This bill also strengthens some key provisions of the Prison Rape
Elimination Act, a bill I strongly supported when it was enacted in
2003. Specifically, changes imposed by this bill will require that
states comply with regulations designed to prevent sexual assaults in
our jails and prisons or lose Federal grant money. The Department of
Justice will work with the states to assist them, but ultimately states
will be penalized if they do not act. This bill imposes the true
accountability required to eradicate this awful crime.
This reauthorization also expands rights for victims of all crime. It
builds upon the success of the Crime Victims' Rights Act by making it
easier for crime victims to have an interpreter present during court
proceedings and to obtain court-ordered restitution.
I firmly believe that improving our criminal justice system is a
priority and a place we should not be afraid to invest additional
resources. There are parts of this legislation that I would like to see
receive more funding, but this bill, like most legislation, is a
compromise. As a result, this bill does reduce the total authorized
funding under the Justice for All Act, but I believe it does so
responsibly. I also believe that many of the changes advanced by this
legislation will help states, communities, and the federal government
save money in the long term.
The programs created by the Justice for All Act have had an enormous
impact, and it is crucial that we reauthorize and improve them. It has
been 12 years since this law was updated, and we must work together to
address the challenges currently facing our Nation's justice system.
I thank the many law enforcement and criminal justice organizations
that have helped to pinpoint the needed improvements that this law
attempts to solve and I appreciate their ongoing support in seeing it
passed.
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 resources they need to advance justice. Americans
deserve a criminal justice system which keeps us safe, ensures
fairness, and fulfills the promise of our constitution. This bill will
bring us closer to that goal.
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