[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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