[Congressional Record Volume 162, Number 96 (Thursday, June 16, 2016)]
[Senate]
[Pages S4266-S4277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE FOR ALL REAUTHORIZATION ACT OF 2016
Mr. CORNYN. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 463, S. 2577.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2577) 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.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on the Judiciary, with
amendments, as follows:
(The part of the bill intended to be stricken is shown in boldface
brackets and the parts of the bill intended to be inserted are shown in
italics.)
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''.
(d) GAO Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) conduct a study to determine whether enhancing the
restitution provisions under sections 3663 and 3663A of title
18, United States Code, to provide courts broader authority
to award restitution for Federal offenses would be beneficial
to crime victims and what other factors Congress should
consider in weighing such changes; and
(B) submit to Congress a report on the study conducted
under subparagraph (A).
(2) Contents.--In conducting the study under paragraph (1),
the Comptroller General shall focus on the benefits to crime
victims that would result if the restitution provisions under
sections 3663 and 3663A of title 18, United States Code, were
expanded--
(A) to apply to victims who have suffered harm, injury, or
loss that would not have occurred but for the defendant's
related conduct;
(B) in the case of an offense resulting in bodily injury
resulting in the victim's death, to allow the court to use
its discretion to award an appropriate sum to reflect the
income lost by the victim's surviving family members or
estate as a result of the victim's death;
(C) to require that the defendant pay to the victim an
amount determined by the court to restore the victim to the
position he or she would have been in had the defendant not
committed the offense; and
(D) to require that the defendant compensate the victim for
any injury, harm, or loss, including emotional distress, that
occurred as a result of the offense.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME
VICTIMS.
(a) Crime Victims Legal Assistance Grants.--Section 103(b)
of the Justice for All Act of 2004 (Public Law 108-405; 118
Stat. 2264) is amended--
(1) in paragraph (1), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(2) in paragraph (2), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(3) in paragraph (3), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(4) in paragraph (4), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021''; and
(5) in paragraph (5), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021''.
(b) Crime Victims Notification Grants.--Section 1404E(c) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is
amended by striking ``2006, 2007, 2008, and 2009'' and
inserting ``2017 through 2021''.
SEC. 4. REDUCING THE RAPE KIT BACKLOG.
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);
[[Page S4267]]
``(B) hire full-time forensic nurse examiners to conduct
activities under subsection (a); or
``(C) sustain or establish a training program for forensic
nurse examiners.
``(2) Directive to the attorney general.--Not later than
120 days after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall
coordinate with the Secretary of Health and Human Services to
inform Federally Qualified Health Centers, Community Health
Centers, hospitals, colleges and universities, and other
appropriate health-related entities about the role of
forensic nurses and existing resources available within the
Department of Justice and the Department of Health and Human
Services to train or employ forensic nurses to address the
needs of communities dealing with sexual assault, domestic
violence, and elder abuse. The Attorney General shall
collaborate on this effort with nongovernmental organizations
representing forensic nurses.''.
SEC. 6. PROTECTING THE VIOLENCE AGAINST WOMEN ACT.
Section 8(e)(1)(A) of the Prison Rape Elimination Act of
2003 (42 U.S.C. 15607(e)(1)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(iii) the program is not administered by the Office on
Violence Against Women of the Department of Justice.''.
SEC. 7. CLARIFICATION OF VIOLENCE AGAINST WOMEN ACT HOUSING
PROTECTIONS.
Section 41411(b)(3)(B)(ii) of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e-11(b)(3)(B)(ii)) is amended--
(1) in the first sentence, by inserting ``or resident''
after ``any remaining tenant''; and
(2) in the second sentence, by inserting ``or resident''
after ``tenant'' each place it appears.
SEC. 8. STRENGTHENING THE PRISON RAPE ELIMINATION ACT.
The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et
seq.) is amended--
(1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking
subparagraph (A) and inserting the following:
``(A)(i) include the certification of the chief executive
that the State receiving such grant has adopted all national
prison rape standards that, as of the date on which the
application was submitted, have been promulgated under this
Act; or
``(ii) demonstrate to the Attorney General, in such manner
as the Attorney General shall require, that the State
receiving such grant is actively working to adopt and achieve
full compliance with the national prison rape standards
described in clause (i);''; and
(2) in section 8(e) (42 U.S.C. 15607(e))--
(A) by striking paragraph (2) and inserting the following:
``(2) Adoption of national standards.--
``(A) In general.--For each fiscal year, any amount that a
State would otherwise receive for prison purposes for that
fiscal year under a grant program covered by this subsection
shall be reduced by 5 percent, unless the chief executive
officer of the State submits to the Attorney General proof of
compliance with this Act through--
``(i) a certification that the State has adopted, and is in
full compliance with, the national standards described in
subsection (a); or
``(ii) an assurance that the State intends to adopt and
achieve full compliance with those national standards so as
to ensure that a certification under clause (i) may be
submitted in future years, which includes--
``(I) a commitment that not less than 5 percent of such
amount shall be used for this purpose; or
``(II) a request that the Attorney General hold 5 percent
of such amount in abeyance pursuant to the requirements of
subparagraph (E).
``(B) Rules for certification.--
``(i) In general.--A chief executive officer of a State who
submits a certification under this paragraph shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational control
of the executive branch of the State;
``(II) a list of the prisons listed under subclause (I)
that were audited during the most recently concluded audit
year;
``(III) all final audit reports for prisons listed under
subclause (I) that were completed during the most recently
concluded audit year; and
``(IV) a proposed schedule for completing an audit of all
the prisons listed under subclause (I) during the following 3
audit years.
``(ii) Audit appeal exception.--Beginning on the date that
is 3 years after the date of enactment of the Justice for All
Reauthorization Act of 2016, a chief executive officer of a
State may submit a certification that the State is in full
compliance pursuant to subparagraph (A)(i) even if a prison
under the operational control of the executive branch of the
State has an audit appeal pending.
``(C) Rules for assurances.--
``(i) In general.--A chief executive officer of a State who
submits an assurance under subparagraph (A)(ii) shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational control
of the executive branch of the State;
``(II) a list of the prisons listed under subclause (I)
that were audited during the most recently concluded audit
year;
``(III) an explanation of any barriers the State faces to
completing required audits;
``(IV) all final audit reports for prisons listed under
subclause (I) that were completed during the most recently
concluded audit year;
``(V) a proposed schedule for completing an audit of all
prisons under the operational control of the executive branch
of the State during the following 3 audit years; and
``(VI) an explanation of the State's current degree of
implementation of the national standards.
``(ii) Additional requirement.--A chief executive officer
of a State who submits an assurance under subparagraph
(A)(ii)(I) shall, before receiving the applicable funds
described in subparagraph (A)(ii)(I), also provide the
Attorney General with a proposed plan for the expenditure of
the funds during the applicable grant period.
``(iii) Accounting of funds.--A chief executive officer of
a State who submits an assurance under subparagraph
(A)(ii)(I) shall, in a manner consistent with the applicable
grant reporting requirements, submit to the Attorney General
a detailed accounting of how the funds described in
subparagraph (A) were used.
``(D) Sunset of assurance option.--
``(i) In general.--On the date that is 3 years after the
date of enactment of the Justice for All Reauthorization Act
of 2016, subclause (II) of subparagraph (A)(ii) shall cease
to have effect.
``(ii) Additional sunset.--On the date that is 6 years
after the date of enactment of the Justice for All
Reauthorization Act of 2016, clause (ii) of subparagraph (A)
shall cease to have effect.
``(iii) Emergency assurances.--
``(I) Request.--Notwithstanding clause (ii), during the 2-
year period beginning 6 years after the date of enactment of
the Justice for All Reauthorization Act of 2016, a chief
executive officer of a State who certifies that the State has
audited not less than 90 percent of prisons under the
operational control of the executive branch of the State may
request that the Attorney General allow the chief executive
officer to submit an emergency assurance in accordance with
subparagraph (A)(ii) as in effect on the day before the date
on which that subparagraph ceased to have effect under clause
(ii) of this subparagraph.
``(II) Grant of request.--The Attorney General shall grant
a request submitted under subclause (I) within 60 days upon a
showing of good cause.
``(E) Disposition of funds held in abeyance.--
``(i) In general.--If the chief executive officer of a
State who has submitted an assurance under subparagraph
(A)(ii)(II) subsequently submits a certification under
subparagraph (A)(i) during the 3-year period beginning on the
date of enactment of the Justice for All Reauthorization Act
of 2016, the Attorney General will release all funds held in
abeyance under subparagraph (A)(ii)(II) to be used by the
State in accordance with the conditions of the grant program
for which the funds were provided.
``(ii) Release of funds.--If the chief executive officer of
a State who has submitted an assurance under subparagraph
(A)(ii)(II) is unable to submit a certification during the 3-
year period beginning on the date of enactment of the Justice
for All Reauthorization Act of 2016, but does assure the
Attorney General that \2/3\ of prisons under the operational
control of the executive branch of the State have been
audited at least once, the Attorney General shall release all
of the funds of the State held in abeyance to be used in
adopting and achieving full compliance with the national
standards, if the State agrees to comply with the applicable
requirements in clauses (ii) and (iii) of subparagraph (C).
``(iii) Redistribution of funds.--If the chief executive
officer of a State who has submitted an assurance under
subparagraph (A)(ii)(II) is unable to submit a certification
during the 3-year period beginning on the date of enactment
of the Justice for All Reauthorization Act of 2016 and does
not assure the Attorney General that \2/3\ of prisons under
the operational control of the executive branch of the State
have been audited at least once, the Attorney General shall
redistribute the funds of the State held in abeyance to other
States to be used in accordance with the conditions of the
grant program for which the funds were provided.
``(F) Publication of audit results.--Not later than 1 year
after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall
request from each State, and make available on an appropriate
Internet website, all final audit reports completed to date
for prisons under the operational control of the executive
branch of each State. The Attorney General shall update such
website annually with reports received from States under
subparagraphs (B)(i) and (C)(i).
``(G) Report on implementation of national standards.--Not
later than 2 years after the date of enactment of the Justice
for All Reauthorization Act of 2016, the Attorney General
shall issue a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives on the status of implementation of the
national standards and the steps the Department, in
conjunction with the States and other key stakeholders, is
[[Page S4268]]
taking to address any unresolved implementation issues.'';
and
(B) by adding at the end the following:
``(8) Background checks for auditors.--An individual
seeking certification by the Department of Justice to serve
as an auditor of prison compliance with the national
standards described in subsection (a) shall, upon request,
submit fingerprints in the manner determined by the Attorney
General for criminal history record checks of the applicable
State and Federal Bureau of Investigation repositories.''.
SEC. 9. ADDITIONAL REAUTHORIZATIONS.
(a) DNA Research and Development.--Section 305(c) of the
Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended
by striking ``$15,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$5,000,000 for each of fiscal
years 2017 through 2021''.
(b) FBI DNA Programs.--Section 307(a) of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2275) is
amended by striking ``$42,100,000 for each of fiscal years
2005 through 2009'' and inserting ``$10,000,000 for each of
fiscal years 2017 through 2021''.
(c) DNA Identification of Missing Persons.--Section 308(c)
of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is
amended by striking ``fiscal years 2005 through 2009'' and
inserting ``fiscal years 2017 through 2021''.
SEC. 10. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
(a) Grants.--Part BB of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797j) is
amended--
(1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting
after ``bodies'' the following: ``and is accredited by an
accrediting body that is a signatory to an internationally
recognized arrangement and that offers accreditation to
forensic science conformity assessment bodies using an
accreditation standard that is recognized by that
internationally recognized arrangement, or attests, in a
manner that is legally binding and enforceable, to use a
portion of the grant amount to prepare and apply for such
accreditation not more than 2 years after the date on which a
grant is awarded under section 2801'';
(2) in section 2803(a) (42 U.S.C. 3797l(a))--
(A) in paragraph (1)--
(i) by striking ``Seventy-five percent'' and inserting
``Eighty-five percent''; and
(ii) by striking ``75 percent'' and inserting ``85
percent'';
(B) in paragraph (2), by striking ``Twenty-five percent''
and inserting ``Fifteen percent''; and
(C) in paragraph (3), by striking ``0.6 percent'' and
inserting ``1 percent'';
(3) in section 2804(a) (42 U.S.C. 3797m(a))--
(A) in paragraph (2)--
(i) by inserting ``impression evidence,'' after ``latent
prints,''; and
(ii) by inserting ``digital evidence, fire evidence,''
after ``toxicology,'';
(B) in paragraph (3), by inserting ``and medicolegal death
investigators'' after ``laboratory personnel''; and
(C) by inserting at the end the following:
``(4) To address emerging forensic science issues (such as
statistics, contextual bias, and uncertainty of measurement)
and emerging forensic science technology (such as high
throughput automation, statistical software, and new types of
instrumentation).
``(5) To educate and train forensic pathologists in the
United States.
``(6) To work with the States and units of local government
to direct funding to medicolegal death investigation systems
to facilitate accreditation of medical examiner and coroner
offices and certification of medicolegal death
investigators.''; and
(4) in section 2806(a) (42 U.S.C. 3797o(a))--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) the progress of any unaccredited forensic science
service provider receiving grant funds toward obtaining
accreditation; and''.
(b) Authorization of Appropriations.--Section 1001(a)(24)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(24)) is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(J) $25,000,000 for each of fiscal years 2017 through
2021.''.
SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION IN STATE
CAPITAL CASES.
Section 426 of the Justice for All Act of 2004 (42 U.S.C.
14163e) is amended--
(1) in subsection (a), by striking ``$75,000,000 for each
of fiscal years 2005 through 2009'' and inserting
``$30,000,000 for each of fiscal years 2017 through 2021'';
and
(2) in subsection (b), by inserting before the period at
the end the following: ``, or upon a showing of good cause,
and at the discretion of the Attorney General, the State may
determine a fair allocation of funds across the uses
described in sections 421 and 422''.
SEC. 12. POST-CONVICTION DNA TESTING.
(a) In General.--Section 3600 of title 18, United States
Code, is amended--
(1) by striking ``under a sentence of'' in each place it
appears and inserting ``sentenced to'';
(2) in subsection (a)--
(A) in paragraph (1)(B)(i), by striking ``death''; and
(B) in paragraph (3)(A), by striking ``and the applicant
did not--'' and all that follows through ``knowingly fail to
request'' and inserting ``and the applicant did not knowingly
fail to request'';
(3) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) order the Government to--
``(i) prepare an inventory of the evidence related to the
case; and
``(ii) issue a copy of the inventory to the court, the
applicant, and the Government.'';
(4) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) Results.--
``(A) In general.--The results of any DNA testing ordered
under this section shall be simultaneously disclosed to the
court, the applicant, and the Government.
``(B) Results exclude applicant.--
``(i) In general.--If a DNA profile is obtained through
testing that excludes the applicant as the source and the DNA
complies with the Federal Bureau of Investigation's
requirements for the uploading of crime scene profiles to the
National DNA Index System (referred to in this subsection as
`NDIS'), the court shall order that the law enforcement
entity with direct or conveyed statutory jurisdiction that
has access to the NDIS submit the DNA profile obtained from
probative biological material from crime scene evidence to
determine whether the DNA profile matches a profile of a
known individual or a profile from an unsolved crime.
``(ii) NDIS search.--The results of a search under clause
(i) shall be simultaneously disclosed to the court, the
applicant, and the Government.''; and
(B) in paragraph (2), by striking ``the National DNA Index
System (referred to in this subsection as `NDIS')'' and
inserting ``NDIS''; and
(5) in subsection (g)(2)(B), by striking ``death''.
(b) Preservation of Biological Evidence.--Section 3600A of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``under a sentence of''
and inserting ``sentenced to''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3), (4), and (5) as
paragraphs (1), (2), and (3), respectively.
SEC. 13. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING
PROGRAM.
(a) In General.--Section 413 of the Justice for All Act of
2004 (42 U.S.C. 14136 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2005 through 2009'' and inserting ``fiscal
years 2017 through 2021''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for eligible entities that are a State or unit of
local government, provide a certification by the chief legal
officer of the State in which the eligible entity operates or
the chief legal officer of the jurisdiction in which the
funds will be used for the purposes of the grants, that the
State or jurisdiction--
``(A) provides DNA testing of specified evidence under a
State statute or a State or local rule or regulation to
persons sentenced to imprisonment or death for a State felony
offense, in a manner intended to ensure a reasonable process
for resolving claims of actual innocence that ensures post-
conviction DNA testing in at least those cases that would be
covered by section 3600(a) of title 18, United States Code,
had they been Federal cases and, if the results of the
testing exclude the applicant as the source of the DNA,
permits the applicant to apply for post-conviction relief,
notwithstanding any provision of law that would otherwise bar
the application as untimely; and
``(B) preserves biological evidence, as defined in section
3600A of title 18, United States Code, under a State statute
or a State or local rule, regulation, or practice in a manner
intended to ensure that reasonable measures are taken by the
State or jurisdiction to preserve biological evidence secured
in relation to the investigation or prosecution of, at a
minimum, murder, nonnegligent manslaughter and sexual
offenses.''.
(b) Authorization of Appropriations.--Section 412(b) of the
Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended
by striking ``$5,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$10,000,000 for each of fiscal
years 2017 through 2021''.
SEC. 14. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
(a) In General.--Subtitle A of title IV of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2278) is
amended by adding at the end the following:
``SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
``(a) In General.--The Director of the National Institute
of Justice, in consultation with Federal, State, and local
law enforcement agencies and government laboratories, shall--
``(1) establish best practices for evidence retention to
focus on the preservation of forensic evidence; and
``(2) assist State, local, and tribal governments in
adopting and implementing the best practices established
under paragraph (1).
[[Page S4269]]
``(b) Deadline.--Not later than 1 year after the date of
enactment of this section, the Director of the National
Institute of Justice shall publish the best practices
established under subsection (a)(1).
``(c) Limitation.--Nothing in this section shall be
construed to require or obligate compliance with the best
practices established under subsection (a)(1).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Justice for All Act of 2004
(Public Law 108-405; 118 Stat. 2260) is amended by inserting
after the item relating to section 413 the following:
``Sec. 414. Establishment of best practices for evidence retention.''.
SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
(a) Short Title.--This section may be cited as the
``Effective Administration of Criminal Justice Act of 2015''.
(b) Strategic Planning.--Section 502 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3752) is amended--
(1) by inserting ``(a) In General.--'' before ``To request
a grant''; and
(2) by adding at the end the following:
``(6) A comprehensive Statewide plan detailing how grants
received under this section will be used to improve the
administration of the criminal justice system, which shall--
``(A) be designed in consultation with local governments,
and representatives of all segments of the criminal justice
system, including judges, prosecutors, law enforcement
personnel, corrections personnel, and providers of indigent
defense services, victim services, juvenile justice
delinquency prevention programs, community corrections, and
reentry services;
``(B) include a description of how the State will allocate
funding within and among each of the uses described in
subparagraphs (A) through (G) of section 501(a)(1);
``(C) describe the process used by the State for gathering
evidence-based data and developing and using evidence-based
and evidence-gathering approaches in support of funding
decisions;
``(D) describe the barriers at the State and local level
for accessing data and implementing evidence-based approaches
to preventing and reducing crime and recidivism; and
``(E) be updated every 5 years, with annual progress
reports that--
``(i) address changing circumstances in the State, if any;
``(ii) describe how the State plans to adjust funding
within and among each of the uses described in subparagraphs
(A) through (G) of section 501(a)(1);
``(iii) provide an ongoing assessment of need;
``(iv) discuss the accomplishment of goals identified in
any plan previously prepared under this paragraph; and
``(v) reflect how the plan influenced funding decisions in
the previous year.
``(b) Technical Assistance.--
``(1) Strategic planning.--Not later than 90 days after the
date of enactment of this subsection, the Attorney General
shall begin to provide technical assistance to States and
local governments requesting support to develop and implement
the strategic plan required under subsection (a)(6). The
Attorney General may enter into agreements with 1 or more
non-governmental organizations to provide technical
assistance and training under this paragraph.
``(2) Protection of constitutional rights.--Not later than
90 days after the date of enactment of this subsection, the
Attorney General shall begin to provide technical assistance
to States and local governments, including any agent thereof
with responsibility for administration of justice, requesting
support to meet the obligations established by the Sixth
Amendment to the Constitution of the United States, which
shall include--
``(A) public dissemination of practices, structures, or
models for the administration of justice consistent with the
requirements of the Sixth Amendment; and
``(B) assistance with adopting and implementing a system
for the administration of justice consistent with the
requirements of the Sixth Amendment.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2017
through 2021 to carry out this subsection.''.
(c) Applicability.--The requirement to submit a strategic
plan under section 501(a)(6) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by subsection
(b), shall apply to any application submitted under such
section 501 for a grant for any fiscal year beginning after
the date that is 1 year after the date of enactment of this
Act.
SEC. 16. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are
authorized under this Act shall be subject to the following:
(1) Audit requirement.--Beginning in fiscal year 2016, and
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(2) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the 2 fiscal years beginning after the 12-month period
described in paragraph (5).
(3) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that, during the 3 fiscal years before submitting an
application for a grant under this Act, did not have an
unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
(4) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
(A) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
(B) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(5) Defined term.--In this section, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved within a 12-month period beginning
on the date when the final audit report is issued.
(6) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and the grant
programs described in this Act, the term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General shall not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
(7) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5
percent of the amounts authorized to be appropriated under
this Act may be used by the Attorney General for salaries and
administrative expenses of the Department of Justice.
(8) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or the appropriate
Assistant Attorney General, Director, or principal deputy as
the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host
a conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food and
beverages, audio/visual equipment, honoraria for speakers,
and any entertainment.
(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved by
operation of this paragraph.
(9) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any grant recipient
to--
(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding.
(B) Penalty.--If the Attorney General determines that any
recipient of a grant under this Act has violated subparagraph
(A), the Attorney General shall--
(i) require the grant recipient to repay the grant in full;
and
(ii) prohibit the grant recipient from receiving another
grant under this Act for not less than 5 years.
SEC. 17. NEEDS ASSESSMENT OF FORENSIC LABORATORIES.
(a) Study and Report.--Not later than October 1, 2018, the
Attorney General shall conduct a study and submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on
the status and needs of the forensic science community.
[[Page S4270]]
(b) Requirements.--The report required under subsection (a)
shall--
(1) examine the status of current workload, backlog,
personnel, equipment, and equipment needs of public crime
laboratories and medical examiner and coroner offices;
(2) include an overview of academic forensic science
resources and needs, from a broad forensic science
perspective, including nontraditional crime laboratory
disciplines such as forensic anthropology, forensic
entomology, and others as determined appropriate by the
Attorney General;
(3) consider--
(A) the National Institute of Justice study, Forensic
Sciences: Review of Status and Needs, published in 1999;
(B) the Bureau of Justice Statistics census reports on
Publicly Funded Forensic Crime Laboratories, published in
2002, 2005, 2009, and 2014;
(C) the National Academy of Sciences report, Strengthening
Forensic Science: A Path Forward, published in 2009; and
(D) the Bureau of Justice Statistics survey of forensic
providers recommended by the National Commission of Forensic
Science and approved by the Attorney General on September 8,
2014;
(4) provide Congress with a comprehensive view of the
infrastructure, equipment, and personnel needs of the broad
forensic science community; and
(5) be made available to the public.
[SEC. 18. 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).]
SEC. 18. CRIME VICTIM ASSISTANCE.
(a) Amendment.--Section 1404(c)(1)(A) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by
inserting ``victim services,'' before ``demonstration
projects''.
(b) Sense of Congress.--It is the sense of Congress that
the proposed rule entitled ``VOCA Victim Assistance Program''
published by the Office of Victims of Crime of the Department
of Justice in the Federal Register on August 27, 2013 (78
Fed. Reg. 52877), is consistent with section 1404 of the
Victims of Crime Act of 1984 (42 U.S.C. 10603).
SEC. 19. IMPROVING THE RESTITUTION PROCESS.
Section 3612 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Evaluation of Offices of the United States Attorney
and Department Components.--
``(1) In general.--The Attorney General shall, as part of
the regular evaluation process, evaluate each office of the
United States attorney and each component of the Department
of Justice on the performance of the office or the component,
as the case may be, in seeking and recovering restitution for
victims under sections 3663 and 3663A.
``(2) Requirement.--Following an evaluation under paragraph
(1), each office of the United States attorney and each
component of the Department of Justice shall work to improve
the practices of the office or component, as the case may be,
with respect to seeking and recovering restitution for
victims under sections 3663 and 3663A.
``(k) GAO Reports.--
``(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the
United States shall prepare and submit to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report on
restitution sought by the Attorney General under sections
3663 and 3663A during the 3-year period preceding the report.
``(2) Contents.--The report required under paragraph (1)
shall include statistically valid estimates of--
``(A) the number of cases in which a defendant was
convicted and the Attorney General could seek restitution
under this title;
``(B) the number of cases in which the Attorney General
sought restitution;
``(C) of the cases in which the Attorney General sought
restitution, the number of times restitution was ordered by
the district courts of the United States;
``(D) the amount of restitution ordered by the district
courts of the United States;
``(E) the amount of restitution collected pursuant to the
restitution orders described in subparagraph (D);
``(F) the percentage of restitution orders for which the
full amount of restitution has not been collected; and
``(G) any other measurement the Comptroller General
determines would assist in evaluating how to improve the
restitution process in Federal criminal cases.
``(3) Recommendations.--The report required under paragraph
(1) shall include recommendations on the best practices for--
``(A) requesting restitution in cases in which restitution
may be sought under sections 3663 and 3663A;
``(B) obtaining restitution orders from the district courts
of the United States; and
``(C) collecting restitution ordered by the district courts
of the United States.
``(4) Report.--Not later than 3 years after date on which
the report required under paragraph (1) is submitted, the
Comptroller General of the United States shall prepare and
submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report on the implementation by the Attorney General
of the best practices recommended under paragraph (3).''.
Mr. CORNYN. Mr. President, I ask unanimous consent that the
committee-reported amendments be agreed to, the Grassley amendment be
agreed to, and the bill, as amended, be read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendments were agreed to.
The amendment (No. 4727) was agreed to, as follows:
(Purpose: To require the Attorney General to evaluate the performance
of the Department of Justice in seeking and recovering restitution for
victims under all Federal restitution provisions, to require recipients
of DNA backlog capacity and enhancement grants to report on how the
actually used their grant funds, and to prevent duplicative grants)
On page 6, line 2, strike ``Of the amounts'' and insert
``(a) In General.--Of the amounts''.
On page 6, between lines 21 and 22, insert the following:
(b) Reporting.--
(1) Report by grant recipients.--With respect to amounts
made available to the Attorney General for a DNA Analysis and
capacity enhancement program and for other local, State, and
Federal forensic activities under the heading ``state and
local law enforcement'' under the heading ``Office of Justice
Programs'' under the heading ``DEPARTMENT OF JUSTICE'', the
Attorney General shall require recipients of the amounts to
report on the effectiveness of the activities carried out
using the amounts, including any information the Attorney
General needs in order to submit the report required under
paragraph (2).
(2) Report to congress.--Not later than 1 month after the
last day of each even-numbered fiscal year, the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that includes, for each recipient of
amounts described in paragraph (1)--
(A) the amounts distributed to the recipient;
(B) a summary of the purposes for which the amounts were
used and an evaluation of the progress of the recipient in
achieving those purposes;
(C) a statistical summary of the crime scene samples and
arrestee or offender samples submitted to laboratories, the
average time between the submission of a sample to a
laboratory and the testing of the sample, and the percentage
of the amounts that were paid to private laboratories; and
(D) an evaluation of the effectiveness of the grant amounts
in increasing capacity and reducing backlogs.
On page 37, between lines 21 and 22, insert the following:
(10) Preventing duplicative grants.--
(A) In general.--Before the Attorney General awards a grant
to an applicant under this Act, the Attorney General shall
compare potential grant awards with other grants awarded
under this Act to determine whether duplicate grants are
awarded for the same purpose.
(B) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
(i) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
(ii) the reason the Attorney General awarded the duplicate
grants.
On page 40, line 25, strike ``sections 3663 and 3663A'' and
insert ``each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution''.
On page 41, line 7, strike ``sections 3663 and 3663A'' and
insert ``each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution''.
On page 41, line 15, strike ``sections 3663 and 3663A'' and
insert ``each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution''.
On page 41, line 22, insert ``or the Controlled Substances
Act (21 U.S.C. 801 et seq.)'' after ``this title''.
On page 42, lines 21 and 22, strike ``sections 3663 and
3663A'' and insert ``each provision of this title and the
Controlled Substances Act (21 U.S.C. 801 et seq.) that
authorizes restitution''.
On page 43, line 3, insert ``the'' before ``date''.
The bill was engrossed for a third reading and was read the third
time.
Mr. CORNYN. Mr. President, I know of no further debate on this
measure.
The PRESIDING OFFICER. Hearing no further debate, the bill having
been read the third time, the question is, Shall it pass?
[[Page S4271]]
The bill (S. 2577), as amended, was passed, 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''.
(d) GAO Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall--
(A) conduct a study to determine whether enhancing the
restitution provisions under sections 3663 and 3663A of title
18, United States Code, to provide courts broader authority
to award restitution for Federal offenses would be beneficial
to crime victims and what other factors Congress should
consider in weighing such changes; and
(B) submit to Congress a report on the study conducted
under subparagraph (A).
(2) Contents.--In conducting the study under paragraph (1),
the Comptroller General shall focus on the benefits to crime
victims that would result if the restitution provisions under
sections 3663 and 3663A of title 18, United States Code, were
expanded--
(A) to apply to victims who have suffered harm, injury, or
loss that would not have occurred but for the defendant's
related conduct;
(B) in the case of an offense resulting in bodily injury
resulting in the victim's death, to allow the court to use
its discretion to award an appropriate sum to reflect the
income lost by the victim's surviving family members or
estate as a result of the victim's death;
(C) to require that the defendant pay to the victim an
amount determined by the court to restore the victim to the
position he or she would have been in had the defendant not
committed the offense; and
(D) to require that the defendant compensate the victim for
any injury, harm, or loss, including emotional distress, that
occurred as a result of the offense.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME
VICTIMS.
(a) Crime Victims Legal Assistance Grants.--Section 103(b)
of the Justice for All Act of 2004 (Public Law 108-405; 118
Stat. 2264) is amended--
(1) in paragraph (1), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(2) in paragraph (2), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(3) in paragraph (3), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021'';
(4) in paragraph (4), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021''; and
(5) in paragraph (5), by striking ``2006, 2007, 2008, and
2009'' and inserting ``2017 through 2021''.
(b) Crime Victims Notification Grants.--Section 1404E(c) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is
amended by striking ``2006, 2007, 2008, and 2009'' and
inserting ``2017 through 2021''.
SEC. 4. REDUCING THE RAPE KIT BACKLOG.
(a) In General.--Of the amounts made available to the
Attorney General for a DNA Analysis and capacity enhancement
program and for other local, State, and Federal forensic
activities under the heading ``state and local law
enforcement'' under the heading ``Office of Justice
Programs'' under the heading ``DEPARTMENT OF JUSTICE'' in a
fiscal year--
(1) not less than 75 percent of such amounts shall be
provided for grants for direct testing activities described
under paragraphs (1), (2), and (3) of section 2(a) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135(a)); and
(2) not less than 5 percent of such amounts shall be
provided for grants for law enforcement agencies to conduct
audits of their backlogged rape kits, including through the
creation of a tracking system, under section 2(a)(7) of the
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135(a)(7)), and to prioritize testing in those cases in
which the statute of limitation will soon expire.
(b) Reporting.--
(1) Report by grant recipients.--With respect to amounts
made available to the Attorney General for a DNA Analysis and
capacity enhancement program and for other local, State, and
Federal forensic activities under the heading ``state and
local law enforcement'' under the heading ``Office of Justice
Programs'' under the heading ``DEPARTMENT OF JUSTICE'', the
Attorney General shall require recipients of the amounts to
report on the effectiveness of the activities carried out
using the amounts, including any information the Attorney
General needs in order to submit the report required under
paragraph (2).
(2) Report to congress.--Not later than 1 month after the
last day of each even-numbered fiscal year, the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that includes, for each recipient of
amounts described in paragraph (1)--
(A) the amounts distributed to the recipient;
(B) a summary of the purposes for which the amounts were
used and an evaluation of the progress of the recipient in
achieving those purposes;
(C) a statistical summary of the crime scene samples and
arrestee or offender samples submitted to laboratories, the
average time between the submission of a sample to a
laboratory and the testing of the sample, and the percentage
of the amounts that were paid to private laboratories; and
(D) an evaluation of the effectiveness of the grant amounts
in increasing capacity and reducing backlogs.
SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS.
Section 304 of the DNA Sexual Assault Justice Act of 2004
(42 U.S.C. 14136a) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Preference.--
``(1) In general.--In reviewing applications submitted in
accordance with a program authorized, in whole or in part, by
this section, the Attorney General shall give preference to
any eligible entity that certifies that the entity will use
the grant funds to--
``(A) operate or expand forensic nurse examiner programs in
a rural area or for an underserved population, as those terms
are defined in section 4002 of the Violence Against Women Act
of 1994 (42 U.S.C. 13925);
``(B) hire full-time forensic nurse examiners to conduct
activities under subsection (a); or
``(C) sustain or establish a training program for forensic
nurse examiners.
``(2) Directive to the attorney general.--Not later than
120 days after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall
coordinate with the Secretary of Health and Human Services to
inform Federally Qualified Health Centers, Community Health
Centers, hospitals, colleges and universities, and other
appropriate health-related entities about the role of
forensic nurses and existing resources available within the
Department of Justice and the Department of Health and Human
Services to train or employ forensic nurses to address the
needs of communities dealing with sexual assault, domestic
violence, and elder abuse. The Attorney General shall
collaborate on this effort with nongovernmental organizations
representing forensic nurses.''.
SEC. 6. PROTECTING THE VIOLENCE AGAINST WOMEN ACT.
Section 8(e)(1)(A) of the Prison Rape Elimination Act of
2003 (42 U.S.C. 15607(e)(1)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting
``; and''; and
(3) by inserting at the end the following:
``(iii) the program is not administered by the Office on
Violence Against Women of the Department of Justice.''.
SEC. 7. CLARIFICATION OF VIOLENCE AGAINST WOMEN ACT HOUSING
PROTECTIONS.
Section 41411(b)(3)(B)(ii) of the Violence Against Women
Act of 1994 (42 U.S.C. 14043e-11(b)(3)(B)(ii)) is amended--
(1) in the first sentence, by inserting ``or resident''
after ``any remaining tenant''; and
(2) in the second sentence, by inserting ``or resident''
after ``tenant'' each place it appears.
SEC. 8. STRENGTHENING THE PRISON RAPE ELIMINATION ACT.
The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et
seq.) is amended--
(1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking
subparagraph (A) and inserting the following:
``(A)(i) include the certification of the chief executive
that the State receiving such grant has adopted all national
prison rape standards that, as of the date on which the
application was submitted, have been promulgated under this
Act; or
``(ii) demonstrate to the Attorney General, in such manner
as the Attorney General shall require, that the State
receiving such grant is actively working to adopt and achieve
full compliance with the national prison rape standards
described in clause (i);''; and
(2) in section 8(e) (42 U.S.C. 15607(e))--
(A) by striking paragraph (2) and inserting the following:
``(2) Adoption of national standards.--
[[Page S4272]]
``(A) In general.--For each fiscal year, any amount that a
State would otherwise receive for prison purposes for that
fiscal year under a grant program covered by this subsection
shall be reduced by 5 percent, unless the chief executive
officer of the State submits to the Attorney General proof of
compliance with this Act through--
``(i) a certification that the State has adopted, and is in
full compliance with, the national standards described in
subsection (a); or
``(ii) an assurance that the State intends to adopt and
achieve full compliance with those national standards so as
to ensure that a certification under clause (i) may be
submitted in future years, which includes--
``(I) a commitment that not less than 5 percent of such
amount shall be used for this purpose; or
``(II) a request that the Attorney General hold 5 percent
of such amount in abeyance pursuant to the requirements of
subparagraph (E).
``(B) Rules for certification.--
``(i) In general.--A chief executive officer of a State who
submits a certification under this paragraph shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational control
of the executive branch of the State;
``(II) a list of the prisons listed under subclause (I)
that were audited during the most recently concluded audit
year;
``(III) all final audit reports for prisons listed under
subclause (I) that were completed during the most recently
concluded audit year; and
``(IV) a proposed schedule for completing an audit of all
the prisons listed under subclause (I) during the following 3
audit years.
``(ii) Audit appeal exception.--Beginning on the date that
is 3 years after the date of enactment of the Justice for All
Reauthorization Act of 2016, a chief executive officer of a
State may submit a certification that the State is in full
compliance pursuant to subparagraph (A)(i) even if a prison
under the operational control of the executive branch of the
State has an audit appeal pending.
``(C) Rules for assurances.--
``(i) In general.--A chief executive officer of a State who
submits an assurance under subparagraph (A)(ii) shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational control
of the executive branch of the State;
``(II) a list of the prisons listed under subclause (I)
that were audited during the most recently concluded audit
year;
``(III) an explanation of any barriers the State faces to
completing required audits;
``(IV) all final audit reports for prisons listed under
subclause (I) that were completed during the most recently
concluded audit year;
``(V) a proposed schedule for completing an audit of all
prisons under the operational control of the executive branch
of the State during the following 3 audit years; and
``(VI) an explanation of the State's current degree of
implementation of the national standards.
``(ii) Additional requirement.--A chief executive officer
of a State who submits an assurance under subparagraph
(A)(ii)(I) shall, before receiving the applicable funds
described in subparagraph (A)(ii)(I), also provide the
Attorney General with a proposed plan for the expenditure of
the funds during the applicable grant period.
``(iii) Accounting of funds.--A chief executive officer of
a State who submits an assurance under subparagraph
(A)(ii)(I) shall, in a manner consistent with the applicable
grant reporting requirements, submit to the Attorney General
a detailed accounting of how the funds described in
subparagraph (A) were used.
``(D) Sunset of assurance option.--
``(i) In general.--On the date that is 3 years after the
date of enactment of the Justice for All Reauthorization Act
of 2016, subclause (II) of subparagraph (A)(ii) shall cease
to have effect.
``(ii) Additional sunset.--On the date that is 6 years
after the date of enactment of the Justice for All
Reauthorization Act of 2016, clause (ii) of subparagraph (A)
shall cease to have effect.
``(iii) Emergency assurances.--
``(I) Request.--Notwithstanding clause (ii), during the 2-
year period beginning 6 years after the date of enactment of
the Justice for All Reauthorization Act of 2016, a chief
executive officer of a State who certifies that the State has
audited not less than 90 percent of prisons under the
operational control of the executive branch of the State may
request that the Attorney General allow the chief executive
officer to submit an emergency assurance in accordance with
subparagraph (A)(ii) as in effect on the day before the date
on which that subparagraph ceased to have effect under clause
(ii) of this subparagraph.
``(II) Grant of request.--The Attorney General shall grant
a request submitted under subclause (I) within 60 days upon a
showing of good cause.
``(E) Disposition of funds held in abeyance.--
``(i) In general.--If the chief executive officer of a
State who has submitted an assurance under subparagraph
(A)(ii)(II) subsequently submits a certification under
subparagraph (A)(i) during the 3-year period beginning on the
date of enactment of the Justice for All Reauthorization Act
of 2016, the Attorney General will release all funds held in
abeyance under subparagraph (A)(ii)(II) to be used by the
State in accordance with the conditions of the grant program
for which the funds were provided.
``(ii) Release of funds.--If the chief executive officer of
a State who has submitted an assurance under subparagraph
(A)(ii)(II) is unable to submit a certification during the 3-
year period beginning on the date of enactment of the Justice
for All Reauthorization Act of 2016, but does assure the
Attorney General that \2/3\ of prisons under the operational
control of the executive branch of the State have been
audited at least once, the Attorney General shall release all
of the funds of the State held in abeyance to be used in
adopting and achieving full compliance with the national
standards, if the State agrees to comply with the applicable
requirements in clauses (ii) and (iii) of subparagraph (C).
``(iii) Redistribution of funds.--If the chief executive
officer of a State who has submitted an assurance under
subparagraph (A)(ii)(II) is unable to submit a certification
during the 3-year period beginning on the date of enactment
of the Justice for All Reauthorization Act of 2016 and does
not assure the Attorney General that \2/3\ of prisons under
the operational control of the executive branch of the State
have been audited at least once, the Attorney General shall
redistribute the funds of the State held in abeyance to other
States to be used in accordance with the conditions of the
grant program for which the funds were provided.
``(F) Publication of audit results.--Not later than 1 year
after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall
request from each State, and make available on an appropriate
Internet website, all final audit reports completed to date
for prisons under the operational control of the executive
branch of each State. The Attorney General shall update such
website annually with reports received from States under
subparagraphs (B)(i) and (C)(i).
``(G) Report on implementation of national standards.--Not
later than 2 years after the date of enactment of the Justice
for All Reauthorization Act of 2016, the Attorney General
shall issue a report to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives on the status of implementation of the
national standards and the steps the Department, in
conjunction with the States and other key stakeholders, is
taking to address any unresolved implementation issues.'';
and
(B) by adding at the end the following:
``(8) Background checks for auditors.--An individual
seeking certification by the Department of Justice to serve
as an auditor of prison compliance with the national
standards described in subsection (a) shall, upon request,
submit fingerprints in the manner determined by the Attorney
General for criminal history record checks of the applicable
State and Federal Bureau of Investigation repositories.''.
SEC. 9. ADDITIONAL REAUTHORIZATIONS.
(a) DNA Research and Development.--Section 305(c) of the
Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended
by striking ``$15,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$5,000,000 for each of fiscal
years 2017 through 2021''.
(b) FBI DNA Programs.--Section 307(a) of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2275) is
amended by striking ``$42,100,000 for each of fiscal years
2005 through 2009'' and inserting ``$10,000,000 for each of
fiscal years 2017 through 2021''.
(c) DNA Identification of Missing Persons.--Section 308(c)
of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is
amended by striking ``fiscal years 2005 through 2009'' and
inserting ``fiscal years 2017 through 2021''.
SEC. 10. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
(a) Grants.--Part BB of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797j) is
amended--
(1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting
after ``bodies'' the following: ``and is accredited by an
accrediting body that is a signatory to an internationally
recognized arrangement and that offers accreditation to
forensic science conformity assessment bodies using an
accreditation standard that is recognized by that
internationally recognized arrangement, or attests, in a
manner that is legally binding and enforceable, to use a
portion of the grant amount to prepare and apply for such
accreditation not more than 2 years after the date on which a
grant is awarded under section 2801'';
(2) in section 2803(a) (42 U.S.C. 3797l(a))--
(A) in paragraph (1)--
(i) by striking ``Seventy-five percent'' and inserting
``Eighty-five percent''; and
(ii) by striking ``75 percent'' and inserting ``85
percent'';
(B) in paragraph (2), by striking ``Twenty-five percent''
and inserting ``Fifteen percent''; and
(C) in paragraph (3), by striking ``0.6 percent'' and
inserting ``1 percent'';
(3) in section 2804(a) (42 U.S.C. 3797m(a))--
(A) in paragraph (2)--
(i) by inserting ``impression evidence,'' after ``latent
prints,''; and
(ii) by inserting ``digital evidence, fire evidence,''
after ``toxicology,'';
(B) in paragraph (3), by inserting ``and medicolegal death
investigators'' after ``laboratory personnel''; and
(C) by inserting at the end the following:
``(4) To address emerging forensic science issues (such as
statistics, contextual bias,
[[Page S4273]]
and uncertainty of measurement) and emerging forensic science
technology (such as high throughput automation, statistical
software, and new types of instrumentation).
``(5) To educate and train forensic pathologists in the
United States.
``(6) To work with the States and units of local government
to direct funding to medicolegal death investigation systems
to facilitate accreditation of medical examiner and coroner
offices and certification of medicolegal death
investigators.''; and
(4) in section 2806(a) (42 U.S.C. 3797o(a))--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) the progress of any unaccredited forensic science
service provider receiving grant funds toward obtaining
accreditation; and''.
(b) Authorization of Appropriations.--Section 1001(a)(24)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3793(a)(24)) is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(J) $25,000,000 for each of fiscal years 2017 through
2021.''.
SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION IN STATE
CAPITAL CASES.
Section 426 of the Justice for All Act of 2004 (42 U.S.C.
14163e) is amended--
(1) in subsection (a), by striking ``$75,000,000 for each
of fiscal years 2005 through 2009'' and inserting
``$30,000,000 for each of fiscal years 2017 through 2021'';
and
(2) in subsection (b), by inserting before the period at
the end the following: ``, or upon a showing of good cause,
and at the discretion of the Attorney General, the State may
determine a fair allocation of funds across the uses
described in sections 421 and 422''.
SEC. 12. POST-CONVICTION DNA TESTING.
(a) In General.--Section 3600 of title 18, United States
Code, is amended--
(1) by striking ``under a sentence of'' in each place it
appears and inserting ``sentenced to'';
(2) in subsection (a)--
(A) in paragraph (1)(B)(i), by striking ``death''; and
(B) in paragraph (3)(A), by striking ``and the applicant
did not--'' and all that follows through ``knowingly fail to
request'' and inserting ``and the applicant did not knowingly
fail to request'';
(3) in subsection (b)(1)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(C) order the Government to--
``(i) prepare an inventory of the evidence related to the
case; and
``(ii) issue a copy of the inventory to the court, the
applicant, and the Government.'';
(4) in subsection (e)--
(A) by amending paragraph (1) to read as follows:
``(1) Results.--
``(A) In general.--The results of any DNA testing ordered
under this section shall be simultaneously disclosed to the
court, the applicant, and the Government.
``(B) Results exclude applicant.--
``(i) In general.--If a DNA profile is obtained through
testing that excludes the applicant as the source and the DNA
complies with the Federal Bureau of Investigation's
requirements for the uploading of crime scene profiles to the
National DNA Index System (referred to in this subsection as
`NDIS'), the court shall order that the law enforcement
entity with direct or conveyed statutory jurisdiction that
has access to the NDIS submit the DNA profile obtained from
probative biological material from crime scene evidence to
determine whether the DNA profile matches a profile of a
known individual or a profile from an unsolved crime.
``(ii) NDIS search.--The results of a search under clause
(i) shall be simultaneously disclosed to the court, the
applicant, and the Government.''; and
(B) in paragraph (2), by striking ``the National DNA Index
System (referred to in this subsection as `NDIS')'' and
inserting ``NDIS''; and
(5) in subsection (g)(2)(B), by striking ``death''.
(b) Preservation of Biological Evidence.--Section 3600A of
title 18, United States Code, is amended--
(1) in subsection (a), by striking ``under a sentence of''
and inserting ``sentenced to''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (2); and
(B) by redesignating paragraphs (3), (4), and (5) as
paragraphs (1), (2), and (3), respectively.
SEC. 13. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING
PROGRAM.
(a) In General.--Section 413 of the Justice for All Act of
2004 (42 U.S.C. 14136 note) is amended--
(1) in the matter preceding paragraph (1), by striking
``fiscal years 2005 through 2009'' and inserting ``fiscal
years 2017 through 2021''; and
(2) by striking paragraph (2) and inserting the following:
``(2) for eligible entities that are a State or unit of
local government, provide a certification by the chief legal
officer of the State in which the eligible entity operates or
the chief legal officer of the jurisdiction in which the
funds will be used for the purposes of the grants, that the
State or jurisdiction--
``(A) provides DNA testing of specified evidence under a
State statute or a State or local rule or regulation to
persons sentenced to imprisonment or death for a State felony
offense, in a manner intended to ensure a reasonable process
for resolving claims of actual innocence that ensures post-
conviction DNA testing in at least those cases that would be
covered by section 3600(a) of title 18, United States Code,
had they been Federal cases and, if the results of the
testing exclude the applicant as the source of the DNA,
permits the applicant to apply for post-conviction relief,
notwithstanding any provision of law that would otherwise bar
the application as untimely; and
``(B) preserves biological evidence, as defined in section
3600A of title 18, United States Code, under a State statute
or a State or local rule, regulation, or practice in a manner
intended to ensure that reasonable measures are taken by the
State or jurisdiction to preserve biological evidence secured
in relation to the investigation or prosecution of, at a
minimum, murder, nonnegligent manslaughter and sexual
offenses.''.
(b) Authorization of Appropriations.--Section 412(b) of the
Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended
by striking ``$5,000,000 for each of fiscal years 2005
through 2009'' and inserting ``$10,000,000 for each of fiscal
years 2017 through 2021''.
SEC. 14. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
(a) In General.--Subtitle A of title IV of the Justice for
All Act of 2004 (Public Law 108-405; 118 Stat. 2278) is
amended by adding at the end the following:
``SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE
RETENTION.
``(a) In General.--The Director of the National Institute
of Justice, in consultation with Federal, State, and local
law enforcement agencies and government laboratories, shall--
``(1) establish best practices for evidence retention to
focus on the preservation of forensic evidence; and
``(2) assist State, local, and tribal governments in
adopting and implementing the best practices established
under paragraph (1).
``(b) Deadline.--Not later than 1 year after the date of
enactment of this section, the Director of the National
Institute of Justice shall publish the best practices
established under subsection (a)(1).
``(c) Limitation.--Nothing in this section shall be
construed to require or obligate compliance with the best
practices established under subsection (a)(1).''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the Justice for All Act of 2004
(Public Law 108-405; 118 Stat. 2260) is amended by inserting
after the item relating to section 413 the following:
``Sec. 414. Establishment of best practices for evidence retention.''.
SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
(a) Short Title.--This section may be cited as the
``Effective Administration of Criminal Justice Act of 2015''.
(b) Strategic Planning.--Section 502 of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3752) is amended--
(1) by inserting ``(a) In General.--'' before ``To request
a grant''; and
(2) by adding at the end the following:
``(6) A comprehensive Statewide plan detailing how grants
received under this section will be used to improve the
administration of the criminal justice system, which shall--
``(A) be designed in consultation with local governments,
and representatives of all segments of the criminal justice
system, including judges, prosecutors, law enforcement
personnel, corrections personnel, and providers of indigent
defense services, victim services, juvenile justice
delinquency prevention programs, community corrections, and
reentry services;
``(B) include a description of how the State will allocate
funding within and among each of the uses described in
subparagraphs (A) through (G) of section 501(a)(1);
``(C) describe the process used by the State for gathering
evidence-based data and developing and using evidence-based
and evidence-gathering approaches in support of funding
decisions;
``(D) describe the barriers at the State and local level
for accessing data and implementing evidence-based approaches
to preventing and reducing crime and recidivism; and
``(E) be updated every 5 years, with annual progress
reports that--
``(i) address changing circumstances in the State, if any;
``(ii) describe how the State plans to adjust funding
within and among each of the uses described in subparagraphs
(A) through (G) of section 501(a)(1);
``(iii) provide an ongoing assessment of need;
``(iv) discuss the accomplishment of goals identified in
any plan previously prepared under this paragraph; and
``(v) reflect how the plan influenced funding decisions in
the previous year.
[[Page S4274]]
``(b) Technical Assistance.--
``(1) Strategic planning.--Not later than 90 days after the
date of enactment of this subsection, the Attorney General
shall begin to provide technical assistance to States and
local governments requesting support to develop and implement
the strategic plan required under subsection (a)(6). The
Attorney General may enter into agreements with 1 or more
non-governmental organizations to provide technical
assistance and training under this paragraph.
``(2) Protection of constitutional rights.--Not later than
90 days after the date of enactment of this subsection, the
Attorney General shall begin to provide technical assistance
to States and local governments, including any agent thereof
with responsibility for administration of justice, requesting
support to meet the obligations established by the Sixth
Amendment to the Constitution of the United States, which
shall include--
``(A) public dissemination of practices, structures, or
models for the administration of justice consistent with the
requirements of the Sixth Amendment; and
``(B) assistance with adopting and implementing a system
for the administration of justice consistent with the
requirements of the Sixth Amendment.
``(3) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2017
through 2021 to carry out this subsection.''.
(c) Applicability.--The requirement to submit a strategic
plan under section 501(a)(6) of title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as added by subsection
(b), shall apply to any application submitted under such
section 501 for a grant for any fiscal year beginning after
the date that is 1 year after the date of enactment of this
Act.
SEC. 16. OVERSIGHT AND ACCOUNTABILITY.
All grants awarded by the Department of Justice that are
authorized under this Act shall be subject to the following:
(1) Audit requirement.--Beginning in fiscal year 2016, and
each fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this Act to prevent waste, fraud, and abuse of
funds by grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
(2) Mandatory exclusion.--A recipient of grant funds under
this Act that is found to have an unresolved audit finding
shall not be eligible to receive grant funds under this Act
during the 2 fiscal years beginning after the 12-month period
described in paragraph (5).
(3) Priority.--In awarding grants under this Act, the
Attorney General shall give priority to eligible entities
that, during the 3 fiscal years before submitting an
application for a grant under this Act, did not have an
unresolved audit finding showing a violation in the terms or
conditions of a Department of Justice grant program.
(4) Reimbursement.--If an entity is awarded grant funds
under this Act during the 2-fiscal-year period in which the
entity is barred from receiving grants under paragraph (2),
the Attorney General shall--
(A) deposit an amount equal to the grant funds that were
improperly awarded to the grantee into the General Fund of
the Treasury; and
(B) seek to recoup the costs of the repayment to the fund
from the grant recipient that was erroneously awarded grant
funds.
(5) Defined term.--In this section, the term ``unresolved
audit finding'' means an audit report finding in the final
audit report of the Inspector General of the Department of
Justice that the grantee has utilized grant funds for an
unauthorized expenditure or otherwise unallowable cost that
is not closed or resolved within a 12-month period beginning
on the date when the final audit report is issued.
(6) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and the grant
programs described in this Act, the term ``nonprofit
organization'' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
(B) Prohibition.--The Attorney General shall not award a
grant under any grant program described in this Act to a
nonprofit organization that holds money in offshore accounts
for the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
(C) Disclosure.--Each nonprofit organization that is
awarded a grant under a grant program described in this Act
and uses the procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the compensation
of its officers, directors, trustees and key employees, shall
disclose to the Attorney General, in the application for the
grant, the process for determining such compensation,
including the independent persons involved in reviewing and
approving such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make the
information disclosed under this subsection available for
public inspection.
(7) Administrative expenses.--Unless otherwise explicitly
provided in authorizing legislation, not more than 7.5
percent of the amounts authorized to be appropriated under
this Act may be used by the Attorney General for salaries and
administrative expenses of the Department of Justice.
(8) Conference expenditures.--
(A) Limitation.--No amounts authorized to be appropriated
to the Department of Justice under this Act may be used by
the Attorney General or by any individual or organization
awarded discretionary funds through a cooperative agreement
under this Act, to host or support any expenditure for
conferences that uses more than $20,000 in Department funds,
unless the Deputy Attorney General or the appropriate
Assistant Attorney General, Director, or principal deputy as
the Deputy Attorney General may designate, provides prior
written authorization that the funds may be expended to host
a conference.
(B) Written approval.--Written approval under subparagraph
(A) shall include a written estimate of all costs associated
with the conference, including the cost of all food and
beverages, audio/visual equipment, honoraria for speakers,
and any entertainment.
(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved by
operation of this paragraph.
(9) Prohibition on lobbying activity.--
(A) In general.--Amounts authorized to be appropriated
under this Act may not be utilized by any grant recipient
to--
(i) lobby any representative of the Department of Justice
regarding the award of grant funding; or
(ii) lobby any representative of a Federal, State, local,
or tribal government regarding the award of grant funding.
(B) Penalty.--If the Attorney General determines that any
recipient of a grant under this Act has violated subparagraph
(A), the Attorney General shall--
(i) require the grant recipient to repay the grant in full;
and
(ii) prohibit the grant recipient from receiving another
grant under this Act for not less than 5 years.
(10) Preventing duplicative grants.--
(A) In general.--Before the Attorney General awards a grant
to an applicant under this Act, the Attorney General shall
compare potential grant awards with other grants awarded
under this Act to determine whether duplicate grants are
awarded for the same purpose.
(B) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose, the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
(i) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
(ii) the reason the Attorney General awarded the duplicate
grants.
SEC. 17. NEEDS ASSESSMENT OF FORENSIC LABORATORIES.
(a) Study and Report.--Not later than October 1, 2018, the
Attorney General shall conduct a study and submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives on
the status and needs of the forensic science community.
(b) Requirements.--The report required under subsection (a)
shall--
(1) examine the status of current workload, backlog,
personnel, equipment, and equipment needs of public crime
laboratories and medical examiner and coroner offices;
(2) include an overview of academic forensic science
resources and needs, from a broad forensic science
perspective, including nontraditional crime laboratory
disciplines such as forensic anthropology, forensic
entomology, and others as determined appropriate by the
Attorney General;
(3) consider--
(A) the National Institute of Justice study, Forensic
Sciences: Review of Status and Needs, published in 1999;
(B) the Bureau of Justice Statistics census reports on
Publicly Funded Forensic Crime Laboratories, published in
2002, 2005, 2009, and 2014;
(C) the National Academy of Sciences report, Strengthening
Forensic Science: A Path Forward, published in 2009; and
(D) the Bureau of Justice Statistics survey of forensic
providers recommended by the National Commission of Forensic
Science and approved by the Attorney General on September 8,
2014;
(4) provide Congress with a comprehensive view of the
infrastructure, equipment, and personnel needs of the broad
forensic science community; and
(5) be made available to the public.
SEC. 18. CRIME VICTIM ASSISTANCE.
(a) Amendment.--Section 1404(c)(1)(A) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by
inserting ``victim services,'' before ``demonstration
projects''.
(b) Sense of Congress.--It is the sense of Congress that
the proposed rule entitled ``VOCA Victim Assistance Program''
published by the Office of Victims of Crime of the Department
of Justice in the Federal Register on August 27, 2013 (78
Fed. Reg. 52877), is consistent with section 1404 of the
Victims of Crime Act of 1984 (42 U.S.C. 10603).
SEC. 19. IMPROVING THE RESTITUTION PROCESS.
Section 3612 of title 18, United States Code, is amended by
adding at the end the following:
[[Page S4275]]
``(j) Evaluation of Offices of the United States Attorney
and Department Components.--
``(1) In general.--The Attorney General shall, as part of
the regular evaluation process, evaluate each office of the
United States attorney and each component of the Department
of Justice on the performance of the office or the component,
as the case may be, in seeking and recovering restitution for
victims under each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution.
``(2) Requirement.--Following an evaluation under paragraph
(1), each office of the United States attorney and each
component of the Department of Justice shall work to improve
the practices of the office or component, as the case may be,
with respect to seeking and recovering restitution for
victims under each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution.
``(k) GAO Reports.--
``(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the
United States shall prepare and submit to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report on
restitution sought by the Attorney General under each
provision of this title and the Controlled Substances Act (21
U.S.C. 801 et seq.) that authorizes restitution during the 3-
year period preceding the report.
``(2) Contents.--The report required under paragraph (1)
shall include statistically valid estimates of--
``(A) the number of cases in which a defendant was
convicted and the Attorney General could seek restitution
under this title or the Controlled Substances Act (21 U.S.C.
801 et seq.);
``(B) the number of cases in which the Attorney General
sought restitution;
``(C) of the cases in which the Attorney General sought
restitution, the number of times restitution was ordered by
the district courts of the United States;
``(D) the amount of restitution ordered by the district
courts of the United States;
``(E) the amount of restitution collected pursuant to the
restitution orders described in subparagraph (D);
``(F) the percentage of restitution orders for which the
full amount of restitution has not been collected; and
``(G) any other measurement the Comptroller General
determines would assist in evaluating how to improve the
restitution process in Federal criminal cases.
``(3) Recommendations.--The report required under paragraph
(1) shall include recommendations on the best practices for--
``(A) requesting restitution in cases in which restitution
may be sought under each provision of this title and the
Controlled Substances Act (21 U.S.C. 801 et seq.) that
authorizes restitution;
``(B) obtaining restitution orders from the district courts
of the United States; and
``(C) collecting restitution ordered by the district courts
of the United States.
``(4) Report.--Not later than 3 years after the date on
which the report required under paragraph (1) is submitted,
the Comptroller General of the United States shall prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report on the implementation by the Attorney General
of the best practices recommended under paragraph (3).''.
Mr. CORNYN. Mr. President, I ask unanimous consent that the motion to
reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. CORNYN. Mr. President, by way of explanation, that final piece of
legislation represents the passage of the Justice for All
Reauthorization Act. This is legislation the Judiciary Committee has
considered, as the Presiding Officer knows, which Senator Pat Leahy,
the ranking member, and I have been working on for some time.
It would improve victims' rights by increasing access to restitution
and reauthorize programs that support crime victims in court, and it
would increase resources for forensic labs to reduce the rape kit
backlog. That last measure is something that has been a concern of mine
for a number of years. Congress has appropriated a significant amount
of money, under the Debbie Smith Act, to test forensic evidence in rape
kits to identify the offenders in sexual assault cases. Unfortunately,
over time, more and more of that money had been used for administrative
and not testing purposes. If reports are to be believed, as many as
400,000 untested rape kits either sat in evidence lockers or in labs
untested, thus denying those victims, whom those kits represent,
resolution of their issues of closing the circle on their grief. We
need to also make sure we have done everything we can in keeping our
commitment to pursue the offender who has committed those sexual
assaults.
Since my days as attorney general of Texas, protecting the rights of
crime victims has been close to my heart, but I know we always worry
about whether there is enough money to be able to adequately fund law
enforcement. We have also previously--particularly on the issue of
trafficking--made sure we created a crime victims fund that takes the
money from the fines and penalties paid by the procurers, or the people
who are charged with purchasing sexual services from trafficking
victims, puts that money into the fund that will then be used to help
the victims heal. In particular, we need to get rid of this rape kit
backlog.
I have been working with one of my personal heroes, Debbie Smith. She
has worked very hard to make sure we don't forget these victims, just
as she courageously talks about her own terrible experience. It is very
important that we get more of these rape kits inventoried so we know
exactly what the scope of the problem is and we get more of them
tested.
Some cities like Houston, TX, have waited around for the Federal
Government. Thanks to former Mayor Parker, Houston has cleared its rape
kit backlog by testing all of them. It is incredible what sort of
evidence they have been able to produce by creating hits on the DNA
testing matchup and being able to solve previously unsolved crimes. Of
course, DNA being as powerful as it is can also make sure that people
who are falsely accused of a crime are exonerated.
I appreciate the work of the senior Senator from Vermont, Mr. Leahy,
who joined me in introducing the bill, and I appreciate his commitment
to seeing it through. As always, I thank Senator Grassley, chairman of
the Senate Judiciary Committee, for his leadership in helping shepherd
this bipartisan bill through the committee. This is now ready to go to
President Obama and be signed into law.
With that, I yield the floor.
Mr. LEAHY. Mr. President, one of America's greatest strengths is our
judicial system: a system based on the ideal of equal justice for all.
The Senate has a critical role to play in protecting this judicial
system. Perhaps most importantly, it is our responsibility to confirm
qualified judges to vacancies throughout the country so that our courts
function at full strength and Americans receive swift and reliable
justice. Another core responsibility is ensuring fairness. In criminal
cases, fairness requires that the rights of victims and the accused are
respected. It requires that evidence is processed quickly and
accurately. And if there is a mistake and an innocent person is wrongly
convicted, fairness requires that we have the tools available to
correct them.
The bill the Senate passes today, the Justice for All Reauthorization
Act, will make our courts more fair. It provides tools to strengthen
indigent defense and expand the rights of crime victims. It will
improve the use of forensic evidence, including rape kits, to provide
justice as swiftly as possible. It will help protect the innocent by
increasing access to postconviction DNA testing. Passage of this
bipartisan bill is long overdue, but it is an important step that we
celebrate today.
The Justice for All Reauthorization Act builds on the work I began in
2000, when I introduced the Innocence Protection Act. That bill sought
to ensure that defendants in the most serious cases receive competent
representation and, when appropriate, access to postconviction DNA
testing.
I started my career as a prosecutor in Vermont. I know that we must
hold those who commit crimes accountable, but we must also ensure that
our system treats the accused fairly and does not wrongly convict those
who are not guilty. In some cases, DNA testing can prove the innocence
of individuals where the system got it grievously wrong. ``Innocent
until proven guilty'' is a hallmark of our criminal justice system, but
when a person who has been found guilty is actually innocent, we must
provide access to tools like DNA testing that can set the record
straight.
The Innocence Protection Act and the funding it provides for
postconviction DNA testing has played a critical role in helping the
innocent clear their names and receive the exonerations they deserve.
These cases happen more often than people might think. In the first 6
months of 2016, at
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least four people have been exonerated by DNA testing after spending a
combined 100 years in prison for crimes they had not committed.
Can you imagine how terrifying it must be to be convicted of a crime
you did not commit? You are separated from all that you know and all
those you love--perhaps for decades or life. You are housed in a cold,
bare prison cell, isolated and scared. And perhaps worst of all, no one
believes you when you say you did not do it. The four men exonerated by
DNA in just the last few months no doubt experienced that and worse, so
did my friend Kirk Bloodsworth.
Kirk was a young man just out of the Marines when, in 1984, he was
sentenced to death for the rape and murder of a 9 year-old girl, a
heinous crime he did not commit. He maintained his innocence and
finally received a second trial, only to be convicted again, though
this time he received two consecutive life sentences. Again, he fought
to clear his name, pushing to have the evidence against him tested for
DNA, then a novel new scientific method. The DNA found at the crime
scene was not his, and he was released from prison in 1993. He became
the first death row inmate in the United States to be exonerated
through the use of DNA evidence.
Kirk inspired me to create the Kirk Bloodsworth Post Conviction DNA
Testing Grant Program as part of the Innocence Protection Act in 2000.
He continues to be a remarkable champion for justice, and I am proud
the grant program we both care so deeply about is reauthorized as part
of the bipartisan legislation before us today.
We must continue funding this critical postconviction DNA testing
since we know our system is imperfect. It is an outrage when an
innocent person is wrongly punished, and this injustice is compounded
when the true perpetrator remains on the streets, able to commit more
crimes. We are all less safe when the system gets it wrong.
Of course we must do more to ensure that our justice system gets it
right from the beginning, and that means improving the quality of
indigent defense. This legislation requires the Department of Justice
to provide technical assistance to States to improve their indigent
defense systems, and it ensures that public defenders will have a seat
at the table when States determine how to use their Byrne JAG criminal
justice funding. Although these are small changes, I hope they lay the
ground work for greater improvements ahead, including adoption of my
Gideon's Promise Act. That legislation would allow the Department of
Justice to ensure that States are satisfying their obligations to
provide competent counsel under the 6th and 14th Amendments. It has
been a part of this bill in previous years, but unfortunately does not
yet have the support it needs for passage. We must do more to protect
this fundamental right, and I will continue to work to see the Gideon's
Promise Act passed into law.
In addition to the Innocence Protection Act, the Justice for All
Reauthorization Act also increases resources for public forensic
laboratories by reauthorizing the Coverdell program. It addresses the
needs of sexual assault survivors by ensuring that rape kit backlogs
are reduced and forensic exam programs are expanded. It strengthens
some key provisions of the Prison Rape Elimination Act. And it expands
rights for victims of all crime.
While we still have a long way to go, we have made progress over the
years to respond to the needs of sexual assault survivors, and I am
glad this legislation continues to build on that strong record. Last
Congress, we reauthorized the Debbie Smith DNA Backlog Reduction
Program, named for my brave friend Debbie Smith who waited for years
after being attacked before her rape kit was tested and the perpetrator
was caught. I included language in the Leahy-Crapo Violence Against
Women Reauthorization Act of 2013 to increase services and funding for
survivors of sexual assault and further reduce the rape kit backlog.
I thank Senator Cornyn for working with me to pass this important
legislation today. The programs authorized through the Justice for All
Act are a smart use of taxpayer dollars that ensure the integrity of
our justice system. Senators who talk about the need to go after
criminals and promote public safety should support our legislation,
which I hope we can enact into law this year.
Mr. GRASSLEY. Mr. President, I commend Senator Cornyn and the ranking
member of the Judiciary Committee, Senator Leahy, for their work on the
Justice for All Reauthorization Act of 2016, which today passed the
Senate. I also want to thank the sponsors for agreeing to accept, as
part of this reauthorization measure, some transparency language that I
developed. This language also passed the Senate today by unanimous
consent in the form of a floor amendment to the Justice for All
Reauthorization Act.
The purpose of the original Justice for All Act, on which many of us
worked during congressional consideration of the measure in 2004, is to
protect crime victims' rights, authorize resources to reduce backlogs
of unanalyzed DNA evidence from crime scenes and convicted offenders,
and expand the DNA testing capacity of the Nation's crime laboratories.
The statute also authorizes resources for testing DNA evidence to
protect the innocent from wrongful convictions. By working together in
a bipartisan fashion, our colleagues have produced legislation that
will extend these programs for several more years.
The purpose of my amendment to this reauthorization measure is to
increase the transparency and promote accountability of many DNA-
related programs and activities that are administered by the Justice
Department's Office of Justice Programs. We have all seen the recent
articles in USA Today, ProPublica, and elsewhere that suggest we may
need to take additional steps to effectively accomplish the goals of
these programs. In particular, these articles have raised questions
about the DNA capacity enhancement and backlog reduction program, which
is administered by OJP's National Institute of Justice.
We don't fully understand, for example, why significant backlogs of
DNA evidence from crimes of murder and sexual violence persist, despite
the appropriation of more than $1 billion by Congress for the DNA
programs that are authorized under the Justice for All Act. The U.S.
Government Accountability Office, in a 2013 report entitled ``DOJ Could
Improve Decision-Making Documentation and Better Assess Results of DNA
Backlog Reduction Program Funds,'' suggested that NIJ could better
document the rationale for its yearly funding priorities and take
additional steps to verify the reliability of grantee performance data.
The Justice Department's inspector general also suggested, in a March
2016 audit report of the DNA program, that NIJ's process for
identifying grantees with the potential for generating program income
needs improvement.
My transparency language, which is modeled on accountability language
that already applies to grant recipients under the STOP grant program,
is designed to elicit more information about how the funds appropriated
for Justice for All Act programs are being used in practice. First, it
would require the Attorney General to annually report to Congress, for
each recipient of DNA grants, the amounts distributed to each grant
recipient, the purposes for which these funds were used, and each
recipient's progress in achieving those purposes. Second, under this
amendment, the Attorney General must summarize the types of DNA samples
submitted to crime labs, the average time it took to test these DNA
samples, and the proportion of each grant that went to private crime
labs. Finally, and perhaps most importantly, it would require the
Attorney General to evaluate the effectiveness of grant amounts in
increasing crime labs' capacity and reducing backlogs of DNA evidence.
The amendment I sponsored also includes some language that is
designed to ensure we avoid duplication in grant programs, as well as a
provision that is intended to enhance crime victims' access to
restitution. I thank Senator Lankford, who cosponsored the amendment,
for suggesting the inclusion of the antiduplication language, which is
modeled on language that I led the Judiciary Committee in approving as
part of several other measures before our committee. Senator Feinstein,
who also cosponsored this amendment, also deserves credit for
suggesting the addition of restitution language.
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In closing, I want to again extend my appreciation to Senators Cornyn
and Leahy for their hard work on this measure, which our Judiciary
Committee reported last month and congratulate them on Senate passage
of the Justice for All Reauthorization Act of 2016.
Mr. CORNYN. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. McCONNELL. Madam President, I ask unanimous consent that the
order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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