[Congressional Record Volume 162, Number 170 (Tuesday, November 29, 2016)]
[House]
[Pages H6322-H6329]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
JUSTICE FOR ALL REAUTHORIZATION ACT OF 2016
Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the
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, as amended.
The Clerk read the title of the bill.
The text of the bill is 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. 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
fiscal years 2018, 2019, 2020, and 2021--
(1) not less than 75 percent of such amounts shall be
provided for grants for 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 under section 2(a)(7) of
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135(a)(7)) to create and operate associated tracking
systems 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;
[[Page H6323]]
(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. 4. 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) improve 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) engage in activities that will assist in the
employment of 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
the beginning of fiscal year 2018, 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. 5. 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. 6. 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. 7. 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
[[Page H6324]]
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. 8. 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 ``$7,400,000 for fiscal
year 2017 and $10,000,000 for each of fiscal years 2018
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. 9. 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, except with regard to
any medical examiner's office, or coroner's office in the
State, 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.
``(6) To fund 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) $13,500,000 for fiscal year 2017;
``(K) $18,500,000 for fiscal year 2018;
``(L) $19,000,000 for fiscal year 2019;
``(M) $21,000,000 for fiscal year 2020; and
``(N) $23,000,000 for fiscal year 2021.''.
SEC. 10. 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:
``(1) $2,500,000 for fiscal year 2017;
``(2) $7,500,000 for fiscal year 2018;
``(3) $12,500,000 for fiscal year 2019;
``(4) $17,500,000 for fiscal year 2020; and
``(5) $22,500,000 for fiscal year 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. 11. 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. 12. 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
[[Page H6325]]
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. 13. 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. 14. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.
(a) Short Title.--This section may be cited as the
``Effective Administration of Criminal Justice Act of 2016''.
(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.--For each of fiscal
years 2017 through 2021, of the amounts appropriated to carry
out this subpart, not less than $5,000,000 and not more than
$10,000,000 shall be used 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. 15. 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
[[Page H6326]]
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. 16. 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. 17. 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. 18. IMPROVING THE RESTITUTION PROCESS.
Section 3612 of title 18, United States Code, is amended by
adding at the end the following:
``(j) Evaluation of Offices of the United States Attorney
and Department Components.--
``(1) In general.--The Attorney General shall, as part of
the regular evaluation process, evaluate each office of the
United States attorney and each component of the Department
of Justice on the performance of the office or the component,
as the case may be, in seeking and recovering restitution for
victims under each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution.
``(2) Requirement.--Following an evaluation under paragraph
(1), each office of the United States attorney and each
component of the Department of Justice shall work to improve
the practices of the office or component, as the case may be,
with respect to seeking and recovering restitution for
victims under each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes
restitution.
``(k) GAO Reports.--
``(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the
United States shall prepare and submit to the Committee on
the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate a report on
restitution sought by the Attorney General under each
provision of this title and the Controlled Substances Act (21
U.S.C. 801 et seq.) that authorizes restitution during the 3-
year period preceding the report.
``(2) Contents.--The report required under paragraph (1)
shall include statistically valid estimates of--
``(A) the number of cases in which a defendant was
convicted and the Attorney General could seek restitution
under this title or the Controlled Substances Act (21 U.S.C.
801 et seq.);
``(B) the number of cases in which the Attorney General
sought restitution;
``(C) of the cases in which the Attorney General sought
restitution, the number of times restitution was ordered by
the district courts of the United States;
``(D) the amount of restitution ordered by the district
courts of the United States;
``(E) the amount of restitution collected pursuant to the
restitution orders described in subparagraph (D);
``(F) the percentage of restitution orders for which the
full amount of restitution has not been collected; and
``(G) any other measurement the Comptroller General
determines would assist in evaluating how to improve the
restitution process in Federal criminal cases.
``(3) Recommendations.--The report required under paragraph
(1) shall include recommendations on the best practices for--
``(A) requesting restitution in cases in which restitution
may be sought under each provision of this title and the
Controlled Substances Act (21 U.S.C. 801 et seq.) that
authorizes restitution;
``(B) obtaining restitution orders from the district courts
of the United States; and
``(C) collecting restitution ordered by the district courts
of the United States.
``(4) Report.--Not later than 3 years after the date on
which the report required under paragraph (1) is submitted,
the Comptroller General of the United States shall prepare
and submit to the Committee on the Judiciary of the House of
Representatives and the Committee on the Judiciary of the
Senate a report on the implementation by the Attorney General
of the best practices recommended under paragraph (3).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Virginia (Mr. Goodlatte) and the gentlewoman from Texas (Ms. Jackson
Lee) each will control 20 minutes.
The Chair recognizes the gentleman from Virginia.
General Leave
Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous materials on S. 2577, currently under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Virginia?
There was no objection.
Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may
consume.
On October 30, 2004, President George W. Bush signed into law the
Justice for All Act of 2004. The law contains four very important
sections related to victims of crime and improving the criminal justice
process. The law protects the rights of crime victims and eliminates
the substantial backlog of DNA samples collected from both crime scenes
and convicted offenders. It also improves and expands the DNA testing
capacity of Federal, State, and local crime laboratories.
Finally, it establishes the rights of crime victims in Federal
criminal proceedings and provides mechanisms for enforcing these
rights.
The bill before us today, S. 2577, the Justice for All
Reauthorization Act of 2016, is a bipartisan and bicameral bill that
builds on the 2004 Justice for All Act. It further improves the
criminal justice system and ensures public confidence in it. It
strengthens crime victims' rights and programs by increasing access to
restitution for Federal crime victims.
The act also further reduces the rape kit backlog and provides
resources for
[[Page H6327]]
forensic labs while protecting the innocent by improving access to
post-conviction DNA testing.
The Justice for All Act works to improve the administration of
criminal justice programs by increasing accountability for Federal
funds and requiring the Justice Department to assist State and local
governments to improve their indigent defense systems. Additionally, it
ensures the implementation of the Prison Rape Elimination Act.
I commend the gentleman from Texas (Mr. Poe) for his hard work on
this bill.
Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of S. 2577, the Justice for All
Reauthorization Act of 2016, and the complementary House bill that was
authored by my good friend and colleague from Texas (Mr. Poe), and my
good friend and colleague from California (Mr. Costa)--this is an
important bill--and, of course, my Senator from the State of Texas,
Senator Cornyn.
This bill now comes to the floor of the House as S. 2577. This
bipartisan, bicameral legislation advances this Congress' efforts to
enhance and improve our Nation's criminal justice system for victims,
law enforcement, the courts, and innocent persons, while also fostering
public trust and confidence in our criminal justice system.
It also reinforces the important work that the House Judiciary
Committee has been doing under Chairman Goodlatte and Ranking Member
Conyers. My greatest hope, as the ranking member on the Subcommittee on
Crime, Terrorism, Homeland Security, and Investigations, is that we can
finish our work with the enormity of bills, sentencing reduction,
prison reform, juvenile justice reform. I would like to optimistically
think we might get these for the holiday season.
S. 2577 would reauthorize and improve upon various programs that
began with the initial passage of the appropriately named Justice for
All Act. I was proud to support this groundbreaking legislation in
2004, legislation intended to protect all persons who find themselves
involved with the criminal justice system, and instill accountability
throughout that system.
The programs we enacted in 2004 increased resources to boost the
testing capabilities of forensic crime laboratories and eliminate the
backlog of DNA samples from sexual assaults, crime scenes, and
convicted offenders. I know this firsthand because Harris County--a
very large county; fifth in the Nation--experienced this calamity,
along with the city of Houston, the fact that these kits and other DNA
evidence just couldn't seem to be tested expeditiously.
It also enhanced protections for victims of crimes, and established
measures to prevent and overturn wrongful convictions.
The time has come to build upon the foundation we laid in 2004.
Fairness and equal treatment under the law are two fundamental values
of our Nation's system of justice. When the innocent are jailed for
decades for crimes they did not commit, when victims watch their
attackers go free because the physical evidence was misplaced or never
tested, or when overworked forensic lab technicians provide false
reports, the people's trust and belief in the system is diminished.
The bill we are considering today would strengthen crime victims'
rights, programs, and services. In addition, it would further reduce
the rape kit backlog, provide additional resources to forensic labs,
improve access to post-conviction DNA testing, ensure implementation of
the Prison Rape Elimination Act, and improve the overall administration
of criminal justice systems nationwide, including increasing
accountability, transparency, effectiveness and fiscal efficiency.
I hate having to give anecdotal stories, but, unfortunately, again,
in Harris County, thousands of pieces of evidence were lost when they
were in the possession of one of our local law enforcement structures.
We have a lot of law enforcement layers. This happened to be a
constable's office.
Mr. Speaker, you know how damaging and dangerous that is to victims'
rights, to criminal justice, to the Constitution. That is why this bill
is so very important. Being the victim of a crime is a harrowing,
disorienting experience. We must do our best to erase or ease the
suffering of victims and assist them as they work to rebuild their
lives.
Under S. 2577, housing rights for victims of domestic violence would
be expanded, and Violence Against Women Act funding would be protected
from reductions due to Federal penalties. Other victim-centered
programs would be reauthorized by this bill, including programs used to
notify victims of their right to be heard in court, to offer victims
legal assistance, and to provide interpreters for Federal crime victims
who wish to participate in court proceedings.
Additionally, the Government Accountability Office will be required
to determine the potential benefits to crime victims, if any, by
broadening the authority of Federal courts to award restitution. Our
crime victims need relief. We need to give them hope and a sense that
we care about them.
The Attorney General will be required to evaluate the effectiveness
of the Justice Department components and U.S. Attorney Offices in
pursuing and obtaining restitution for crime victims. We all know DNA
is a crucial element of many criminal cases, helping to identify
suspects, perpetrators of crimes, and to exclude the innocent.
This bill would ensure that victims of sexual assault receive
essential services and are able to see their attackers brought to
justice by renewing the DNA Backlog grant program and by expanding
grants for forensic nurse examiners, giving priority to hiring full-
time forensic nurses, establishing programs in rural and underserved
areas, and training forensic nurses.
{time} 1545
Agencies across the country would realize further reductions in their
rape kit backlogs because the Justice Department would be required,
under this legislation, to use at least 75 percent of the funds made
available for forensic testing for direct testing of crime scene
evidence, including rape kits.
Under this measure, Debbie Smith grant recipients would have to
report on the achievement of activities conducted using grant funds. S.
2577 would require the Attorney General to report annually to Congress
on how Debbie Smith grant funds are being used to improve DNA testing
and reduce the backlogs.
I know that my good friend Carolyn Maloney has been involved in these
issues as well.
S. 2577 would reauthorize funding for several other DNA grant
programs, including the Paul Coverdell Forensic Science Improvement
Grant Program, which helps States and local governments that need it
greatly speak to the loss of thousands of pieces of evidence in a local
law enforcement office.
In that same vein, the Attorney General would be required to conduct
a needs assessment for State and local forensic science labs to better
utilize Federal funding.
This bill would also enhance protections for the innocent by
improving access to postconviction DNA testing, encouraging States to
test DNA evidence in criminal cases for which there is untested DNA
evidence, expanding State access to postconviction DNA testing funds by
narrowing the evidence preservation requirement, and authorizing
Federal postconviction DNA testing for individuals who can show
exculpatory DNA evidence exists in their case despite having pled
guilty.
We have a responsibility to make this criminal justice system fit in
the four corners of the Constitution. That includes due process as one
of the elements and certainly the response and caring of those
individuals who have been victims. We have a responsibility to ensure
the safe and humane treatment of individuals, even if they are
convicted of crimes and in prison.
Compliance with the Prison Rape Elimination Act would be an all-but-
certain result of the incentive structure set in S. 2577, which would
require State and local governments to focus more resources on
implementation of this legislation's directives, which we really need,
while allowing the flexibility necessary to reach full compliance. For
example, States that receive Edward Byrne Memorial Justice Assistance
Grants would be required to
[[Page H6328]]
develop a strategic plan setting out how the grant money will be used.
Finally, this bill includes various provisions to ensure Federal
funds are used efficiently and effectively.
I believe that this bill answers our concerns on the question of
criminal justice reform and constitutional protection for all.
Mr. Speaker, I urge my colleagues to join me in supporting this
important legislation.
Mr. Speaker, I rise in strong support of S. 2577, the ``Justice for
All Reauthorization Act of 2016,'' as amended.
This bipartisan, bicameral legislation advances this Congress's
efforts to enhance and improve our Nation's criminal justice system for
victims, law enforcement, the courts, and innocent persons, while also
fostering public trust and confidence in our criminal justice system.
S. 2577 would reauthorize and improve upon various programs that
began with the initial passage of the appropriately-named Justice for
All Act.
I was proud to support this groundbreaking legislation in 2004--
legislation intended to protect all persons who find themselves
involved with the criminal justice system and instill accountability
throughout that system.
The programs we enacted in 2004 increased resources to boost the
testing capabilities of forensic crime laboratories and eliminate the
backlog of DNA samples from sexual assaults, crime scenes, and
convicted offenders.
It also enhanced protections for victims of crimes and established
measures to prevent and overturn wrongful convictions.
The time has come to build upon the foundation we laid in 2004.
Fairness and equal treatment under the law are two fundamental values
of our Nation's system of justice. When the innocent are jailed for
decades for crimes they did not commit, when victims watch their
attackers go free because the physical evidence was misplaced or never
tested, or when overworked forensic lab technicians provide false
reports, the people's trust and belief in the system is diminished.
The bill we are considering today would strengthen crime victims'
rights, programs, and services.
In addition, it would--
further reduce the rape kit backlog;
provide additional resources to forensic labs;
improve access to post-conviction DNA testing;
ensure implementation of the Prison Rape Elimination Act; and
improve the overall administration of criminal justice systems
nationwide by increasing accountability, transparency, effectiveness,
and fiscal efficiency.
Being the victim of a crime is a harrowing, disorienting experience.
We must do our best to ease the suffering of victims and assist them as
they work to rebuild their lives.
Under S. 2577, housing rights for victims of domestic violence would
be expanded and Violence Against Women Act funding would be protected
from reductions due to federal penalties.
Other victim-centered programs would be reauthorized by this bill,
including programs used to notify victims of their right to be heard in
court, to offer victims legal assistance, and to provide interpreters
for federal crime victims who wish to participate in court proceedings.
Additionally, the Government Accountability Office would be required
to determine the potential benefits to crime victims, if any, by
broadening the authority of federal courts to award restitution.
And, the Attorney General would be required to evaluate the
effectiveness of Justice Department components and U.S. Attorney
Offices in pursuing and obtaining restitution for crime victims.
We all know DNA is a crucial element of many criminal cases, helping
to identify suspects and perpetrators of crimes and exclude the
innocent.
This bill would ensure that victims of sexual assault receive
essential services and are able to see their attackers brought to
justice by renewing the DNA Backlog Grant Program and expanding grants
for forensic nurse examiners, giving priority to hiring full-time
forensic nurses, establishing programs in rural and underserved areas,
and training forensic nurses.
Agencies across the country would realize further reductions in their
rape kit backlogs because the Justice Department would be required
under this legislation to use at least 75 percent of funds made
available for forensic testing for direct testing of crime scene
evidence, including rape kits.
Under this measure, Debbie Smith Grant recipients would have to
report on the achievement of activities conducted using grant funds. S.
2577 would require the Attorney General to report annually to Congress
on how Debbie Smith Grant funds are being used to improve DNA testing
and reduce the backlogs.
Further, S. 2577 would reauthorize funding for several other DNA
grant programs, including the Paul Coverdell Forensic Sciences
Improvement Grant Program, which helps states and local governments
improve the quality of forensic science services provided.
In that same vein, the Attorney General would be required to conduct
a needs assessment for state and local forensic science labs to better
utilize federal funding.
This bill would also enhance protections for the innocent by--
improving access to post-conviction DNA testing;
encouraging states to test DNA evidence in criminal cases for which
there is untested DNA evidence;
expanding state access to post-conviction DNA testing funds by
narrowing the evidence preservation requirement; and
authorizing federal post-conviction DNA testing for individuals who
can show exculpatory DNA evidence exists in their case despite having
pled guilty.
We have a responsibility to ensure the safe and humane treatment of
individuals even if they are convicted of crimes and sentenced to
prison.
Compliance with the Prison Rape Elimination Act would be an all but
certain result of the incentive structure set forth in S. 2577, which
would require state and local governments to focus more resources on
implementation of this legislation's directives, while allowing the
flexibility necessary to reach full compliance.
For example, states that receive Edward Byrne Memorial Justice
Assistance Grant grants would be required to develop a strategic plan
setting out how the grant money will be used to improve their criminal
systems.
Finally, this bill includes various provisions to ensure federal
funds are used efficiently and effectively.
Accordingly, I urge my colleagues to join me in supporting this
important legislation and I reserve the balance of my time.
The Justice for All Reauthorization Act is supported by a broad
spectrum of organizations involved in, or affected by, our criminal
justice system.
These organizations include--
the National Sheriffs Association and the National District Attorneys
Association;
the Council of State Governments;
the U.S. Conference of Mayors;
the National Center for Victims of Crime;
the Washington Lawyers Committee for Civil Rights;
the Human Rights Campaign; and
the Innocence Project.
In closing, I want to commend my colleagues in the House, including
Judiciary Committee Chairman Bob Goodlatte, Crime Subcommittee Chairman
Jim Sensenbrenner, and Congressman Ted Poe, sponsor of the House
companion.
And, I also want to acknowledge Senator Patrick Leahy for his
authorship of the underlying statute and for his leadership in the
reauthorization of these critical programs.
For the foregoing reasons, I urge my colleagues to join me in voting
for this legislation today.
Mr. Speaker, I reserve the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I have no additional speakers, and I
reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. Costa), who is an original cosponsor of this
legislation.
Mr. COSTA. I thank the gentlewoman from Texas for yielding 2 minutes,
and I want to thank her and the chairman, the gentleman from Virginia,
for their hard work on this very important piece of legislation.
Mr. Speaker, as the lead Democratic cosponsor of the Justice for All
Reauthorization Act and the co-chair of the Congressional Victims'
Rights Caucus, along with my good friend and colleague Congressman Ted
Poe, who I know wanted to be here and who has worked so hard on this
legislation, we as the chairs of the bipartisan Congressional Victims'
Rights Caucus want those groups out there throughout the country to
understand how important this legislation is. The broad coalition of
groups that are supporting this and the bipartisan group of lawmakers
who worked tirelessly to get this legislation on the House floor today
is making a difference.
The Justice for All Reauthorization Act will improve our criminal
justice system, and it will strengthen programs for victims of crimes.
The healing process for the survivors of violent crime, as we all know,
can be extremely painful and it can be difficult.
This legislation also helps those survivors by providing resources to
reduce, as has been noted already, the
[[Page H6329]]
rape kit backlog. It also improves housing rights for domestic violence
victims. We have these centers in our congressional districts that many
of us are familiar with where spouses and children go to escape
violence. It also assists with hiring full-time sexual assault nurse
examiners in every hospital throughout the country.
Additionally, this bill ensures that the guilty are punished and
helps to protect the wrongfully convicted by improving access to
postconviction DNA testing. One thing we have learned for certain over
the last decade is that, in law enforcement, DNA testing has become an
important tool to apprehend and to prove guilt where, in fact, we did
not have that tool before.
These strengthened policies will better provide support for victims
of crime throughout the country.
The SPEAKER pro tempore. The time of the gentleman has expired.
Ms. JACKSON LEE. Mr. Speaker, I yield the gentleman an additional 1
minute.
Mr. COSTA. I thank the gentlewoman.
Mr. Speaker, these policies will provide better support for victims
of crime throughout the country, especially those who live in rural
regions, and we have many rural regions throughout the country. I
represent one of those areas in California, the San Joaquin Valley.
I urge my colleagues in the House to support this bill, and I hope
the Senate acts swiftly before the end of the year so this Justice for
All Reauthorization Act is enacted before Congress adjourns.
Let us remember, Mr. Speaker, that these victims of crimes are
members of our families; they are our neighbors; they are people who we
know in our communities and in our congressional districts. We know who
they are, and we know that these are innocent victims of crime. This
legislation goes a long way to address their issues. I urge the support
of my colleagues.
Mr. GOODLATTE. Mr. Speaker, I reserve the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I will close my remarks by thanking Mr. Costa for his
leadership. We know that our good friend Congressman Ted Poe wanted to
be here. We thank him for his leadership and the many Members who
engaged in this important legislation.
The Justice for All Reauthorization Act is supported by a broad
spectrum of organizations involved in or affected by our criminal
justice system. Let me share a few: the National Sheriffs' Association,
the National District Attorneys Association, the Council of State
Governments, the United States Conference of Mayors, the National
Center for Victims of Crime, the Washington Lawyers' Committee for
Civil Rights, the Human Rights Campaign, and the Innocence Project.
In closing, I would like to commend my colleagues in the House,
including Judiciary Committee Chairman Bob Goodlatte; Crime, Terrorism,
Homeland Security, and Investigations Subcommittee Chairman
Sensenbrenner; and Congressman Ted Poe, the sponsor of the House
companion; and the work that we have done on the Judiciary Committee,
as I started out my remarks, in dealing with the enormity of
sentencing, passing legislation that will reduce the impact of
mandatory minimums, prison reform that we have passed, and certainly
looking to reform juvenile justice.
I, too, hope that the legislation that we are speaking of will move
and be passed before this session of Congress ends. I would like to
think optimistically that we may get some very important bills that we
have dealt with in the Judiciary Committee passed as well.
I also want to acknowledge Senator Patrick Leahy for his authorship
of the underlying statute and for his leadership of the reauthorization
of these critical programs, and as I indicated, my senior Senator, John
Cornyn, of Texas.
I want to conclude by saying that I left Texas in the backdrop of a
Federal court hearing that dealt with the broken bail system, another
aspect of criminal justice reform, where 40 percent of individuals on
misdemeanors who cannot pay $150 or cannot pay $100 remain
incarcerated. What we are doing today is we are joining in a bipartisan
manner to begin to approach some of those inequities by this
legislation, and I know that we can move forward on many others. So I
urge my colleagues to join me in voting for this legislation today,
which is an important bill, S. 2577, and the House companion.
Mr. Speaker, I yield back the balance of my time.
Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I want to thank the gentleman from Texas (Mr. Poe) for
his hard work and his leadership on this issue, and I thank the
gentleman from California (Mr. Costa) as well.
This is a very good bill, and I urge my colleagues to vote for the
Justice for All Reauthorization Act of 2016.
Mr. Speaker, I yield back the balance of my time.
Mr. POE of Texas. Mr. Speaker, today, I urge the House to pass the
Justice for All Reauthorization Act to improve crime victims access to
justice, support law enforcement, exonerate the innocent, and
strengthen and improve our criminal justice system. In the House, I
would like to thank Representative Jim Costa for joining me in
introducing this important legislation. I would also like to thank
Senator John Cornyn and Senator Patrick Leahy for sponsoring this bill
in the Senate.
The Justice for All Act of 2004 enhanced protection for crime
victims, provided resources to expand the use of DNA and forensic
technology to capture and convict criminals, and established safeguards
to reverse wrongful convictions.
This legislation reauthorizes these important programs and also
increases crime victims access to restitution and improves housing
protections for domestic violence victims. Under this legislation,
states will be encouraged to test unexamined DNA evidence in criminal
cases to ensure that innocent people are not imprisoned for crimes they
did not commit. But one of the most important things this law will do
is tackle the national rape kit backlog by providing critically
important resources to forensic labs. A victim of rape is sentenced to
a lifetime of mental turmoil, but as rape victim Debbie Smith can
attest, also knowing that your attacker is still on the streets is far
worse.
Debbie was at home doing laundry one afternoon in Williamsburg,
Virginia. Suddenly, a masked intruder walked through her backdoor and
dragged her outside into a wooded area where he raped her repeatedly.
Her attacker told her that if she called the police, he would return to
her house and kill her. She was lucky to escape with her life. It was
only after her husband begged her to contact the police that she agreed
to take a forensic exam. Even though the police had a DNA sample, they
didn't test her rape kit. Debbie was left in fear that her rapist would
return to her home and kill her for reporting her rape. Finally, after
six and a half years, the police tested Debbie's kit and put her
attacker behind bars. Debbie has since become a fierce advocate for the
elimination of the rape kit testing backlog that occurs all across the
nation, and she has been a loud supporter of the Justice for All
Reauthorization Act's provisions to address this issue.
As Debbie has said, I know that DNA testing gave me peace, and I want
to make sure that other victims have that same opportunity. The Justice
for All Reauthorization Act of 2016 is supported by over a thousand
victim advocacy groups from around the country. I urge my colleagues to
vote to pass this important, bipartisan piece of legislation.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Virginia (Mr. Goodlatte) that the House suspend the
rules and pass the bill, S. 2577, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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