[Congressional Record (Bound Edition), Volume 162 (2016), Part 2]
[Senate]
[Pages 2123-2128]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

                                 ______
                                 
      By Mr. CORNYN (for himself, Mr. Leahy, Ms. Ayotte, and Mr. 
        Durbin):
  S. 2577. A bill to protect crime victims' rights, to eliminate the 
substantial backlog of DNA and other forensic evidence samples to 
improve and expand the forensic science testing capacity of Federal, 
State, and local crime laboratories, to increase research and 
development of new testing technologies, to develop new training 
programs regarding the collection and use of forensic evidence, to 
provide post-conviction testing of DNA evidence to exonerate the 
innocent, to support accreditation efforts of forensic science 
laboratories and medical examiner offices, to address training and 
equipment needs, to improve the performance of counsel in State capital 
cases, and for other purposes; to the Committee on the Judiciary.
  Mr. CORNYN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2577

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Justice for All 
     Reauthorization Act of 2016''.

     SEC. 2. CRIME VICTIMS' RIGHTS.

       (a) Restitution During Supervised Release.--Section 3583(d) 
     of title 18, United States Code, is amended in the first 
     sentence by inserting ``, that the defendant make restitution 
     in accordance with sections 3663 and 3663A, or any other 
     statute authorizing a sentence of restitution,'' after 
     ``supervision''.
       (b) Collection of Restitution From Defendant's Estate.--
     Section 3613(b) of title 18, United States Code, is amended 
     by adding at the end the following: ``The liability to pay 
     restitution shall terminate on the date that is the later of 
     20 years from the entry of judgment or 20 years after the 
     release from imprisonment of the person ordered to pay 
     restitution. In the event of the death of the person ordered 
     to pay restitution, the individual's estate will be held 
     responsible for any unpaid balance of the restitution amount, 
     and the lien provided in subsection (c) of this section shall 
     continue until the estate receives a written release of that 
     liability.''.
       (c) Victim Interpreters.--Rule 28 of the Federal Rules of 
     Criminal Procedure is amended in the first sentence by 
     inserting before the period at the end the following: ``, 
     including an interpreter for the victim''.

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

       (a) Crime Victims Legal Assistance Grants.--Section 103(b) 
     of the Justice for All Act of 2004 (Public Law 108-405; 118 
     Stat. 2264) is amended--
       (1) in paragraph (1), by striking ``2006, 2007, 2008, and 
     2009'' and inserting ``2017 through 2021'';
       (2) in paragraph (2), by striking ``2006, 2007, 2008, and 
     2009'' and inserting ``2017 through 2021'';
       (3) in paragraph (3), by striking ``2006, 2007, 2008, and 
     2009'' and inserting ``2017 through 2021'';
       (4) in paragraph (4), by striking ``2006, 2007, 2008, and 
     2009'' and inserting ``2017 through 2021''; and
       (5) in paragraph (5), by striking ``2006, 2007, 2008, and 
     2009'' and inserting ``2017 through 2021''.
       (b) Crime Victims Notification Grants.--Section 1404E(c) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is 
     amended by striking ``2006, 2007, 2008, and 2009'' and 
     inserting ``2017 through 2021.''.

     SEC. 4. REDUCING THE RAPE KIT BACKLOG.

       Of the amounts made available to the Attorney General for a 
     DNA Analysis and capacity enhancement program and for other 
     local, State, and Federal forensic activities under the 
     heading ``state and local law enforcement'' under the heading 
     ``Office of Justice Programs'' under the heading ``DEPARTMENT 
     OF JUSTICE'' in a fiscal year--
       (1) not less than 75 percent of such amounts shall be 
     provided for grants for direct testing activities described 
     under paragraphs (1), (2), and (3) of section 2(a) of the DNA 
     Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
     14135(a)); and
       (2) not less than 5 percent of such amounts shall be 
     provided for grants for law enforcement agencies to conduct 
     audits of their backlogged rape kits, including through the 
     creation of a tracking system, under section 2(a)(7) of the 
     DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
     14135(a)(7)), and to prioritize testing in those cases in 
     which the statute of limitation will soon expire.

     SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS.

       Section 304 of the DNA Sexual Assault Justice Act of 2004 
     (42 U.S.C. 14136a) is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Preference.--
       ``(1) In general.--In reviewing applications submitted in 
     accordance with a program authorized, in whole or in part, by 
     this section, the Attorney General shall give preference to 
     any eligible entity that certifies that the entity will use 
     the grant funds to--
       ``(A) operate or expand forensic nurse examiner programs in 
     a rural area or for an underserved population, as those terms 
     are defined in section 4002 of the Violence Against Women Act 
     of 1994 (42 U.S.C. 13925);
       ``(B) hire full-time forensic nurse examiners to conduct 
     activities under subsection (a); or
       ``(C) sustain or establish a training program for forensic 
     nurse examiners.
       ``(2) Directive to the attorney general.--Not later than 
     120 days after the date of enactment of the Justice for All 
     Reauthorization Act of 2016, the Attorney General shall 
     coordinate with the Secretary of Health and Human Services to 
     inform Federal Qualified Health Centers, Community Health 
     Centers, hospitals, colleges and universities, and other 
     appropriate health-related entities about the role of 
     forensic nurses and existing resources available within the 
     Department of Justice and the Department of Health and Human 
     Services to train or employ forensic nurses to address the 
     needs of communities dealing with sexual assault, domestic 
     violence, and elder abuse. The Attorney General shall 
     collaborate on this effort with nongovernmental organizations 
     representing forensic nurses.''.

     SEC. 6. PROTECTING THE VIOLENCE AGAINST WOMEN ACT.

       Section 8(e)(1)(A) of the Prison Rape Elimination Act of 
     2003 (42 U.S. 15607(e)(1)(A)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) in clause (ii), by striking the period and inserting 
     ``; and''; and
       (3) by inserting at the end the following:

[[Page 2124]]

       ``(iii) the program is not administered by the Office on 
     Violence Against Women of the Department of Justice.''.

     SEC. 7. CLARIFICATION OF VIOLENCE AGAINST WOMEN ACT HOUSING 
                   PROTECTIONS.

       Section 41411(b)(3)(B)(ii) of the Violence Against Women 
     Act of 1994 (42 U.S.C. 14043e-11(b)(3)(B)(ii)) is amended--
       (1) in the first sentence, by inserting ``or resident'' 
     after ``any remaining tenant''; and
       (2) in the second sentence, by inserting ``or resident'' 
     after ``tenant'' each place it appears.

     SEC. 8. STRENGTHENING THE PRISON RAPE ELIMINATION ACT.

       The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et 
     seq.) is amended--
       (1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking 
     subparagraph (A) and inserting the following:
       ``(A)(i) include the certification of the chief executive 
     that the State receiving such grant has adopted all national 
     prison rape standards that, as of the date on which the 
     application was submitted, have been promulgated under this 
     Act; or
       ``(ii) demonstrate to the Attorney General, in such manner 
     as the Attorney General shall require, that the State 
     receiving such grant is actively working to adopt and achieve 
     full compliance with the national prison rape standards 
     described in clause (i);''; and
       (2) in section 8(e) (42 U.S.C. 15607(e))--
       (A) by striking paragraph (2) and inserting the following:
       ``(2) Adoption of national standards.--
       ``(A) In general.--For each fiscal year, any amount that a 
     State would otherwise receive for prison purposes for that 
     fiscal year under a grant program covered by this subsection 
     shall be reduced by 5 percent, unless the chief executive 
     officer of the State submits to the Attorney General proof of 
     compliance with this Act through--
       ``(i) a certification that the State has adopted, and is in 
     full compliance with, the national standards described in 
     subsection (a); or
       ``(ii) an assurance that the State intends to adopt and 
     achieve full compliance with those national standards so as 
     to ensure that a certification under clause (i) may be 
     submitted in future years, which includes--

       ``(I) a commitment that not less than 5 percent of such 
     amount shall be used for this purpose; or
       ``(II) a request that the Attorney General hold 5 percent 
     of such amount in abeyance pursuant to the requirements of 
     subparagraph (E).

       ``(B) Rules for certification.--
       ``(i) In general.--A chief executive officer of a State who 
     submits a certification under this paragraph shall also 
     provide the Attorney General with--

       ``(I) a list of the prisons under the operational control 
     of the executive branch of the State;
       ``(II) a list of the prisons listed under subclause (I) 
     that were audited during the most recently concluded audit 
     year;
       ``(III) all final audit reports for prisons listed under 
     subclause (I) that were completed during the most recently 
     concluded audit year; and
       ``(IV) a proposed schedule for completing an audit of all 
     the prisons listed under subclause (I) during the following 3 
     audit years.

       ``(ii) Audit appeal exception.--Beginning on the date that 
     is 3 years after the date of enactment of the Justice for All 
     Reauthorization Act of 2016, a chief executive officer of a 
     State may submit a certification that the State is in full 
     compliance pursuant to subparagraph (A)(i) even if a prison 
     under the operational control of the executive branch of the 
     State has an audit appeal pending.
       ``(C) Rules for assurances.--
       ``(i) In general.--A chief executive officer of a State who 
     submits an assurance under subparagraph (A)(ii) shall also 
     provide the Attorney General with--

       ``(I) a list of the prisons under the operational control 
     of the executive branch of the State;
       ``(II) a list of the prisons listed under subclause (I) 
     that were audited during the most recently concluded audit 
     year;
       ``(III) an explanation of any barriers the State faces to 
     completing required audits;
       ``(IV) all final audit reports for prisons listed under 
     subclause (I) that were completed during the most recently 
     concluded audit year;
       ``(V) a proposed schedule for completing an audit of all 
     prisons under the operational control of the executive branch 
     of the State during the following 3 audit years; and
       ``(VI) an explanation of the State's current degree of 
     implementation of the national standards.

       ``(ii) Additional requirement.--A chief executive officer 
     of a State who submits an assurance under subparagraph 
     (A)(ii)(I) shall, before receiving the applicable funds 
     described in subparagraph (A)(ii)(I), also provide the 
     Attorney General with a proposed plan for the expenditure of 
     the funds during the applicable grant period.
       ``(iii) Accounting of funds.--A chief executive officer of 
     a State who submits an assurance under subparagraph 
     (A)(ii)(I) shall, in a manner consistent with the applicable 
     grant reporting requirements, submit to the Attorney General 
     a detailed accounting of how the funds described in 
     subparagraph (A) were used.
       ``(D) Sunset of assurance option.--
       ``(i) In general.--On the date that is 3 years after the 
     date of enactment of the Justice for All Reauthorization Act 
     of 2016, subclause (II) of subparagraph (A)(ii) shall cease 
     to have effect.
       ``(ii) Additional sunset.--On the date that is 6 years 
     after the date of enactment of the Justice for All 
     Reauthorization Act of 2016, clause (ii) of subparagraph (A) 
     shall cease to have effect.
       ``(iii) Emergency assurances.--

       ``(I) Request.--Notwithstanding clause (ii), during the 2-
     year period beginning 6 years after the date of enactment of 
     the Justice for All Reauthorization Act of 2016, a chief 
     executive officer of a State who certifies that the State has 
     audited not less than 90 percent of prisons under the 
     operational control of the executive branch of the State may 
     request that the Attorney General allow the chief executive 
     officer to submit an emergency assurance in accordance with 
     subparagraph (A)(ii) as in effect on the day before the date 
     on which that subparagraph ceased to have effect under clause 
     (ii) of this subparagraph.
       ``(II) Grant of request.--The Attorney General shall grant 
     a request submitted under subclause (I) within 60 days upon a 
     showing of good cause.

       ``(E) Disposition of funds held in abeyance.--
       ``(i) In general.--If the chief executive officer of a 
     State who has submitted an assurance under subparagraph 
     (A)(ii)(II) subsequently submits a certification under 
     subparagraph (A)(i) during the 3-year period beginning on the 
     date of enactment of the Justice for All Reauthorization Act 
     of 2016, the Attorney General will release all funds held in 
     abeyance under subparagraph (A)(ii)(II) to be used by the 
     State in accordance with the conditions of the grant program 
     for which the funds were provided.
       ``(ii) Release of funds.--If the chief executive officer of 
     a State who has submitted an assurance under subparagraph 
     (A)(ii)(II) is unable to submit a certification during the 3-
     year period beginning on the date of enactment of the Justice 
     for All Reauthorization Act of 2016, but does assure the 
     Attorney General that \2/3\ of prisons under the operational 
     control of the executive branch of the State have been 
     audited at least once, the Attorney General shall release all 
     of the funds of the State held in abeyance to be used in 
     adopting and achieving full compliance with the national 
     standards, if the State agrees to comply with the applicable 
     requirements in clauses (ii) and (iii) of subparagraph (C).
       ``(iii) Redistribution of funds.--If the chief executive 
     officer of a State who has submitted an assurance under 
     subparagraph (A)(ii)(II) is unable to submit a certification 
     during the 3-year period beginning on the date of enactment 
     of the Justice for All Reauthorization Act of 2016 and does 
     not assure the Attorney General that \2/3\ of prisons under 
     the operational control of the executive branch of the State 
     have been audited at least once, the Attorney General shall 
     redistribute the funds of the State held in abeyance to other 
     States to be used in accordance with the conditions of the 
     grant program for which the funds were provided.
       ``(F) Publication of audit results.--Not later than 1 year 
     after the date of enactment of the Justice for All 
     Reauthorization Act of 2016, the Attorney General shall 
     request from each State, and make available on an appropriate 
     Internet website, all final audit reports completed to date 
     for prisons under the operational control of the executive 
     branch of each State. The Attorney General shall update such 
     website annually with reports received from States under 
     subparagraphs (B)(i) and (C)(i).
       ``(G) Report on implementation of national standards.--Not 
     later than 2 years after the date of enactment of the Justice 
     for All Reauthorization Act of 2016, the Attorney General 
     shall issue a report to the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives on the status of implementation of the 
     national standards and the steps the Department, in 
     conjunction with the States and other key stakeholders, is 
     taking to address any unresolved implementation issues.''; 
     and
       (B) by adding at the end the following:
       ``(8) Background checks for auditors.--An individual 
     seeking certification by the Department of Justice to serve 
     as an auditor of prison compliance with the national 
     standards described in subsection (a) shall, upon request, 
     submit fingerprints in the manner determined by the Attorney 
     General for criminal history record checks of the applicable 
     State and Federal Bureau of Investigation repositories.''.

     SEC. 9. ADDITIONAL REAUTHORIZATIONS.

       (a) DNA Research and Development.--Section 305(c) of the 
     Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended 
     by striking ``$15,000,000 for each of fiscal years 2005 
     through 2009'' and inserting ``$5,000,000 for each of fiscal 
     years 2017 through 2021''.
       (b) FBI DNA Programs.--Section 307(a) of the Justice for 
     All Act of 2004 (Public Law 108-405; 118 Stat. 2275) is 
     amended by striking

[[Page 2125]]

     ``$42,100,000 for each of fiscal years 2005 through 2009'' 
     and inserting ``$10,000,000 for each of fiscal years 2017 
     through 2021''.
       (c) DNA Identification of Missing Persons.--Section 308(c) 
     of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is 
     amended by striking ``fiscal years 2005 through 2009'' and 
     inserting ``fiscal years 2017 through 2021''.

     SEC. 10. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.

       (a) Grants.--Part BB of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3797j) is 
     amended--
       (1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting 
     after ``bodies'' the following: ``and is accredited by an 
     accrediting body that is a signatory to an internationally 
     recognized arrangement and that offers accreditation to 
     forensic science conformity assessment bodies using an 
     accreditation standard that is recognized by that 
     internationally recognized arrangement, or attests, in a 
     manner that is legally binding and enforceable, to use a 
     portion of the grant amount to prepare and apply for such 
     accreditation not more than 2 years after the date on which a 
     grant is awarded under section 2801'';
       (2) in section 2803(a) (42 U.S.C. 3797l(a))--
       (A) in paragraph (1)--
       (i) by striking ``Seventy-five percent'' and inserting 
     ``Eighty-five percent''; and
       (ii) by striking ``75 percent'' and inserting ``85 
     percent'';
       (B) in paragraph (2), by striking ``Twenty-five percent'' 
     and inserting ``Fifteen percent''; and
       (C) in paragraph (3), by striking ``0.6 percent'' and 
     inserting ``1 percent'';
       (3) in section 2804(a) (42 U.S.C. 3797m(a)) is amended--
       (A) in paragraph (2)--
       (i) by inserting ``impression evidence,'' after ``latent 
     prints,''; and
       (ii) by inserting ``digital evidence, fire evidence,'' 
     after ``toxicology,'';
       (B) in paragraph (3), by inserting ``and medicolegal death 
     investigators'' after ``laboratory personnel''; and
       (C) by inserting at the end the following:
       ``(4) To address emerging forensic science issues (such as 
     statistics, contextual bias, and uncertainty of measurement) 
     and emerging forensic science technology (such as high 
     throughput automation, statistical software, and new types of 
     instrumentation).
       ``(5) To educate and train forensic pathologists in the 
     United States.
       ``(6) To work with the States and units of local government 
     to direct funding to medicolegal death investigation systems 
     to facilitate accreditation of medical examiner and coroner 
     offices and certification of medicolegal death 
     investigators.''; and
       (4) in section 2806(a) (42 U.S.C. 3797o(a))--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) the progress of any unaccredited forensic science 
     service provider receiving grant funds toward obtaining 
     accreditation; and''.
       (b) Authorization of Appropriations.--Section 1001(a)(24) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(24)) is amended--
       (1) in subparagraph (H), by striking ``and'' at the end;
       (2) in subparagraph (I), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(J) $25,000,000 for each of fiscal years 2017 through 
     2021.''.

     SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION IN STATE 
                   CAPITAL CASES.

       Section 426 of the Justice for All Act of 2004 (42 U.S.C. 
     14163e) is amended--
       (1) in subsection (a), by striking ``$75,000,000 for each 
     of fiscal years 2005 through 2009'' and inserting 
     ``$30,000,000 for each of fiscal years 2017 through 2021''; 
     and
       (2) in subsection (b), by inserting before the period at 
     the end the following: ``, or upon a showing of good cause, 
     and at the discretion of the Attorney General, the State may 
     determine a fair allocation of funds across the uses 
     described in sections 421 and 422''.

     SEC. 12. POST-CONVICTION DNA TESTING.

       (a) In General.--Section 3600 of title 18, United States 
     Code, is amended--
       (1) by striking ``under a sentence of'' in each place it 
     appears and inserting ``sentenced to'';
       (2) in subsection (a)--
       (A) in paragraph (1)(B)(i), by striking ``death''; and
       (B) in paragraph (3)(A), by striking ``and the applicant 
     did not--'' and all that follows through ``knowingly fail to 
     request'' and inserting ``and the applicant did not knowingly 
     fail to request'';
       (3) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) order the Government to--
       ``(i) prepare an inventory of the evidence related to the 
     case; and
       ``(ii) issue a copy of the inventory to the court, the 
     applicant, and the Government.'';
       (4) in subsection (e)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Results.--
       ``(A) In general.--The results of any DNA testing ordered 
     under this section shall be simultaneously disclosed to the 
     court, the applicant, and the Government.
       ``(B) Results exclude applicant.--
       ``(i) In general.--If a DNA profile is obtained through 
     testing that excludes the applicant as the source and the DNA 
     complies with the Federal Bureau of Investigation's 
     requirements for the uploading of crime scene profiles to the 
     National DNA Index System (referred to in this subsection as 
     `NDIS'), the court shall order that the law enforcement 
     entity with direct or conveyed statutory jurisdiction that 
     has access to the NDIS submit the DNA profile obtained from 
     probative biological material from crime scene evidence to 
     determine whether the DNA profile matches a profile of a 
     known individual or a profile from an unsolved crime.
       ``(ii) NDIS search.--The results of a search under clause 
     (i) shall be simultaneously disclosed to the court, the 
     applicant, and the Government.''; and
       (B) in paragraph (2), by striking ``the National DNA Index 
     System (referred to in this subsection as `NDIS')'' and 
     inserting ``NDIS''; and
       (5) in subsection (g)(2)(B), by striking ``death''.
       (b) Preservation of Biological Evidence.--Section 3600A of 
     title 18, United States Code, is amended--
       (1) in subsection (a), by striking ``under a sentence of'' 
     and inserting ``sentenced to''; and
       (2) in subsection (c)--
       (A) by striking paragraphs (1) and (2); and
       (B) by redesignating paragraphs (3), (4), and (5) as 
     paragraphs (1), (2), and (3), respectively.

     SEC. 13. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING 
                   PROGRAM.

       (a) In General.--Section 413 of the Justice for All Act of 
     2004 (42 U.S.C. 14136 note) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``fiscal years 2005 through 2009'' and inserting ``fiscal 
     years 2017 through 2021''; and
       (2) by striking paragraph (2) and inserting the following:
       ``(2) for eligible entities that are a State or unit of 
     local government, provide a certification by the chief legal 
     officer of the State in which the eligible entity operates or 
     the chief legal officer of the jurisdiction in which the 
     funds will be used for the purposes of the grants, that the 
     State or jurisdiction--
       ``(A) provides DNA testing of specified evidence under a 
     State statute or a State or local rule or regulation to 
     persons sentenced to imprisonment or death for a State felony 
     offense, in a manner intended to ensure a reasonable process 
     for resolving claims of actual innocence that ensures post-
     conviction DNA testing in at least those cases that would be 
     covered by section 3600(a) of title 18, United States Code, 
     had they been Federal cases and, if the results of the 
     testing exclude the applicant as the source of the DNA, 
     permits the applicant to apply for post-conviction relief, 
     notwithstanding any provision of law that would otherwise bar 
     the application as untimely; and
       ``(B) preserves biological evidence, as defined in section 
     3600A of title 18, United States Code, under a State statute 
     or a State or local rule, regulation, or practice in a manner 
     intended to ensure that reasonable measures are taken by the 
     State or jurisdiction to preserve biological evidence secured 
     in relation to the investigation or prosecution of, at a 
     minimum, murder, nonnegligent manslaughter and sexual 
     offenses.''.
       (b) Authorization of Appropriations.--Section 412(b) of the 
     Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended 
     by striking ``$5,000,000 for each of fiscal years 2005 
     through 2009'' and inserting ``$10,000,000 for each of fiscal 
     years 2017 through 2021''.

     SEC. 14. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE 
                   RETENTION.

       (a) In General.--Subtitle A of title IV of the Justice for 
     All Act of 2004 (Public Law 108-405; 118 Stat. 2278) is 
     amended by adding at the end the following:

     ``SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE 
                   RETENTION.

       ``(a) In General.--The Director of the National Institute 
     of Justice, in consultation with Federal, State, and local 
     law enforcement agencies and government laboratories, shall--
       ``(1) establish best practices for evidence retention to 
     focus on the preservation of forensic evidence; and
       ``(2) assist State, local, and tribal governments in 
     adopting and implementing the best practices established 
     under paragraph (1).
       ``(b) Deadline.--Not later than 1 year after the date of 
     enactment of this section, the Director of the National 
     Institute of Justice shall publish the best practices 
     established under subsection (a)(1).
       ``(c) Limitation.--Nothing in this section shall be 
     construed to require or obligate compliance with the best 
     practices established under subsection (a)(1).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b)

[[Page 2126]]

     of the Justice for All Act of 2004 (Public Law 108-405; 118 
     Stat. 2260) is amended by inserting after the item relating 
     to section 413 the following:

``Sec. 414. Establishment of best practices for evidence retention.''.

     SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

       (a) Short Title.--This section may be cited as the 
     ``Effective Administration of Criminal Justice Act of 2015''.
       (b) Strategic Planning.--Section 502 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3752) is amended--
       (1) by inserting ``(a) In General.--'' before ``To request 
     a grant''; and
       (2) by adding at the end the following:
       ``(6) A comprehensive Statewide plan detailing how grants 
     received under this section will be used to improve the 
     administration of the criminal justice system, which shall--
       ``(A) be designed in consultation with local governments, 
     and representatives of all segments of the criminal justice 
     system, including judges, prosecutors, law enforcement 
     personnel, corrections personnel, and providers of indigent 
     defense services, victim services, juvenile justice 
     delinquency prevention programs, community corrections, and 
     reentry services;
       ``(B) include a description of how the State will allocate 
     funding within and among each of the uses described in 
     subparagraphs (A) through (G) of section 501(a)(1);
       ``(C) describe the process used by the State for gathering 
     evidence-based data and developing and using evidence-based 
     and evidence-gathering approaches in support of funding 
     decisions;
       ``(D) describe the barriers at the State and local level 
     for accessing data and implementing evidence-based approaches 
     to preventing and reducing crime and recidivism; and
       ``(E) be updated every 5 years, with annual progress 
     reports that--
       ``(i) address changing circumstances in the State, if any;
       ``(ii) describe how the State plans to adjust funding 
     within and among each of the uses described in subparagraphs 
     (A) through (G) of section 501(a)(1);
       ``(iii) provide an ongoing assessment of need;
       ``(iv) discuss the accomplishment of goals identified in 
     any plan previously prepared under this paragraph; and
       ``(v) reflect how the plan influenced funding decisions in 
     the previous year.
       ``(b) Technical Assistance.--
       ``(1) Strategic planning.--Not later than 90 days after the 
     date of enactment of this subsection, the Attorney General 
     shall begin to provide technical assistance to States and 
     local governments requesting support to develop and implement 
     the strategic plan required under subsection (a)(6).
       ``(2) Protection of constitutional rights.--Not later than 
     90 days after the date of enactment of this subsection, the 
     Attorney General shall begin to provide technical assistance 
     to States and local governments, including any agent thereof 
     with responsibility for administration of justice, requesting 
     support to meet the obligations established by the Sixth 
     Amendment to the Constitution of the United States, which 
     shall include--
       ``(A) public dissemination of practices, structures, or 
     models for the administration of justice consistent with the 
     requirements of the Sixth Amendment; and
       ``(B) assistance with adopting and implementing a system 
     for the administration of justice consistent with the 
     requirements of the Sixth Amendment.
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of fiscal years 2017 
     through 2021 to carry out this subsection.''.
       (c) Applicability.--The requirement to submit a strategic 
     plan under section 501(a)(6) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as added by subsection 
     (b), shall apply to any application submitted under such 
     section 501 for a grant for any fiscal year beginning after 
     the date that is 1 year after the date of enactment of this 
     Act.

     SEC. 16. OVERSIGHT AND ACCOUNTABILITY.

       All grants awarded by the Department of Justice that are 
     authorized under this Act shall be subject to the following:
       (1) Audit requirement.--Beginning in fiscal year 2016, and 
     each fiscal year thereafter, the Inspector General of the 
     Department of Justice shall conduct audits of recipients of 
     grants under this Act to prevent waste, fraud, and abuse of 
     funds by grantees. The Inspector General shall determine the 
     appropriate number of grantees to be audited each year.
       (2) Mandatory exclusion.--A recipient of grant funds under 
     this Act that is found to have an unresolved audit finding 
     shall not be eligible to receive grant funds under this Act 
     during the 2 fiscal years beginning after the 12-month period 
     described in paragraph (5).
       (3) Priority.--In awarding grants under this Act, the 
     Attorney General shall give priority to eligible entities 
     that, during the 3 fiscal years before submitting an 
     application for a grant under this Act, did not have an 
     unresolved audit finding showing a violation in the terms or 
     conditions of a Department of Justice grant program.
       (4) Reimbursement.--If an entity is awarded grant funds 
     under this Act during the 2-fiscal-year period in which the 
     entity is barred from receiving grants under paragraph (2), 
     the Attorney General shall--
       (A) deposit an amount equal to the grant funds that were 
     improperly awarded to the grantee into the General Fund of 
     the Treasury; and
       (B) seek to recoup the costs of the repayment to the fund 
     from the grant recipient that was erroneously awarded grant 
     funds.
       (5) Defined term.--In this section, the term ``unresolved 
     audit finding'' means an audit report finding in the final 
     audit report of the Inspector General of the Department of 
     Justice that the grantee has utilized grant funds for an 
     unauthorized expenditure or otherwise unallowable cost that 
     is not closed or resolved within a 12-month period beginning 
     on the date when the final audit report is issued.
       (6) Nonprofit organization requirements.--
       (A) Definition.--For purposes of this section and the grant 
     programs described in this Act, the term ``nonprofit 
     organization'' means an organization that is described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and is 
     exempt from taxation under section 501(a) of such Code.
       (B) Prohibition.--The Attorney General shall not award a 
     grant under any grant program described in this Act to a 
     nonprofit organization that holds money in offshore accounts 
     for the purpose of avoiding paying the tax described in 
     section 511(a) of the Internal Revenue Code of 1986.
       (C) Disclosure.--Each nonprofit organization that is 
     awarded a grant under a grant program described in this Act 
     and uses the procedures prescribed in regulations to create a 
     rebuttable presumption of reasonableness for the compensation 
     of its officers, directors, trustees and key employees, shall 
     disclose to the Attorney General, in the application for the 
     grant, the process for determining such compensation, 
     including the independent persons involved in reviewing and 
     approving such compensation, the comparability data used, and 
     contemporaneous substantiation of the deliberation and 
     decision. Upon request, the Attorney General shall make the 
     information disclosed under this subsection available for 
     public inspection.
       (7) Administrative expenses.--Unless otherwise explicitly 
     provided in authorizing legislation, not more than 7.5 
     percent of the amounts authorized to be appropriated under 
     this Act may be used by the Attorney General for salaries and 
     administrative expenses of the Department of Justice.
       (8) Conference expenditures.--
       (A) Limitation.--No amounts authorized to be appropriated 
     to the Department of Justice under this Act may be used by 
     the Attorney General or by any individual or organization 
     awarded discretionary funds through a cooperative agreement 
     under this Act, to host or support any expenditure for 
     conferences that uses more than $20,000 in Department funds, 
     unless the Deputy Attorney General or the appropriate 
     Assistant Attorney General, Director, or principal deputy as 
     the Deputy Attorney General may designate, provides prior 
     written authorization that the funds may be expended to host 
     a conference.
       (B) Written approval.--Written approval under subparagraph 
     (A) shall include a written estimate of all costs associated 
     with the conference, including the cost of all food and 
     beverages, audio/visual equipment, honoraria for speakers, 
     and any entertainment.
       (C) Report.--The Deputy Attorney General shall submit an 
     annual report to the Committee on the Judiciary of the Senate 
     and the Committee on the Judiciary of the House of 
     Representatives on all conference expenditures approved by 
     operation of this paragraph.
       (9) Prohibition on lobbying activity.--
       (A) In general.--Amounts authorized to be appropriated 
     under this Act may not be utilized by any grant recipient 
     to--
       (i) lobby any representative of the Department of Justice 
     regarding the award of grant funding; or
       (ii) lobby any representative of a Federal, State, local, 
     or tribal government regarding the award of grant funding.
       (B) Penalty.--If the Attorney General determines that any 
     recipient of a grant under this Act has violated subparagraph 
     (A), the Attorney General shall--
       (i) require the grant recipient to repay the grant in full; 
     and
       (ii) prohibit the grant recipient from receiving another 
     grant under this Act for not less than 5 years.

     SEC. 17. NEEDS ASSESSMENT OF FORENSIC LABORATORIES.

       (a) Study and Report.--Not later than October 1, 2018, the 
     Attorney General shall conduct a study and submit a report to 
     the Committee of the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives on 
     the status and needs of the forensic science community.
       (b) Requirements.--The report required under subsection (a) 
     shall--
       (1) examine the status of current workload, backlog, 
     personnel, equipment, and equipment needs of public crime 
     laboratories and medical examiner and coroner offices;

[[Page 2127]]

       (2) include an overview of academic forensic science 
     resources and needs, from a broad forensic science 
     perspective, including non-traditional crime laboratory 
     disciplines such as forensic anthropology, forensic 
     entomology, and others as determined appropriate by the 
     Attorney General;
       (3) consider--
       (A) the National Institute of Justice study, Forensic 
     Sciences: Review of Status and Needs, published in 1999;
       (B) the Bureau of Justice Statistics census reports on 
     Publicly Funded Forensic Crime Laboratories, published in 
     2002, 2005, 2009, and 2014;
       (C) the National Academy of Sciences report, Strengthening 
     Forensic Science: A Path Forward, published in 2009; and
       (D) the Bureau of Justice Statistics survey of forensic 
     providers recommended by the National Commission of Forensic 
     Science and approved by the Attorney General on September 8, 
     2014;
       (4) provide Congress with a comprehensive view of the 
     infrastructure, equipment, and personnel needs of the broad 
     forensic science community; and
       (5) be made available to the public.

     SEC. 18. SENSE OF CONGRESS.

       It is the Sense of Congress that--
       (1) the authority of the Director of the Office of Victims 
     of Crime under section 1404 of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603) includes funding ongoing projects that 
     provide services to victims of crime on a nationwide basis or 
     Americans abroad who are victims of crimes committed outside 
     of the United States; and
       (2) the proposed rule entitled ``VOCA Victim Assistance 
     Program'' published by the Office of Victims of Crime of the 
     Department of Justice in the Federal Register on August 27, 
     2013 (78 Fed. Reg. 52877) is consistent with section 1404 of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10603).

  Mr. LEAHY. Mr. President, today, I am proud to introduce the Justice 
for All Reauthorization Act of 2016 with Senator Cornyn. The Justice 
for All Act, originally enacted in 2004, was an unprecedented 
bipartisan piece of criminal justice legislation. It has improved many 
aspects of our criminal justice system, and this reauthorization 
includes critical updates to ensure public confidence in the integrity 
of the American justice system.
  The bill builds on the work I began in 2000, when I introduced the 
Innocence Protection Act. That measure was designed to ensure that 
defendants receive competent representation in criminal cases and have 
access to post-conviction DNA testing in those cases where the system 
got it wrong. The Innocence Protection Act became a key component of 
the Justice for All Act, and is reauthorized in the bill we introduce 
today.
  We know our justice system is imperfect and that innocent people are 
sometimes convicted, and even sentenced to death. There were 149 people 
exonerated just last year, the highest number on record. They spent an 
average of 15 years in prison before their names were cleared. There 
have been 337 post-conviction DNA exonerations in the United States 
since 1989. Twenty of them were sentenced to death.
  The first person exonerated from a death row crime by DNA evidence 
was a man named Kirk Bloodsworth. Kirk was a young man just out of the 
Marines when he was arrested, convicted, and sentenced to death for a 
heinous crime that he did not commit. Now the Kirk Bloodsworth Post 
Conviction DNA Testing Grant Program is a cornerstone of the Justice 
for All Act. This program provides grants to States for testing in 
cases like Kirk's where someone has been convicted, but where 
significant DNA evidence was not tested.
  This bill expands access to post-conviction DNA testing so that more 
innocent people will have a chance at the redemption they deserve. For 
example, this reauthorization will permit individuals to access DNA 
testing even if they previously waived their right to testing as part 
of a guilty plea. This change is critical because we know that people 
sometimes pled guilty or confess to crimes they did not commit. In 
fact, of the 337 people who have been freed based on DNA evidence, 88 
falsely confessed or pled guilty. That is almost 30 percent of DNA 
exonerations. Had it not been for DNA testing, they would likely still 
be behind bars, or worse.
  The bill also takes steps to encourage prosecutors to search for 
additional leads when the DNA evidence tested excludes an individual. 
Under the legislation, the government must run that DNA through the 
national database to see if it matches someone else in the system who 
might be the actual perpetrator. Unfortunately, this is not always 
done. This commonsense measure will increase public safety by getting 
the true criminals off the street.
  Even in cases that do not involve DNA, it is imperative that every 
criminal defendant, including those who cannot afford a lawyer, receive 
effective representation. This bill requires the Department of Justice 
to assist states in developing a proficient system of indigent defense. 
I know as a former prosecutor, that the system only works as it should 
when each side is well represented by competent and well-trained 
counsel. This helps prevent wrongful convictions in the first place.
  The Justice for All Reauthorization Act also increases resources for 
public forensic laboratories. Prosecutors and police officers depend on 
the efficient and accurate testing of evidence to solve cases. Putting 
more resources into forensic testing will also help reduce rape kit 
backlogs and ensure that survivors of this terrible crime are able to 
see their cases prosecuted and begin to feel safe again.
  This bill further addresses the needs of sexual assault survivors by 
directing grants to forensic exam programs, prioritizing those that 
operate in rural areas or provide assistance to underserved 
populations. Timely access to forensic exams is a critical first step 
in ensuring perpetrators are held accountable and taken off the 
streets. We must also ensure that the evidence collected from these 
exams in the form of rape kits are processed quickly. To help with that 
effort, the bill also provides support for law enforcement to create 
evidence tracking systems for rape kits, so their processing can be 
monitored and accounted for.
  Finally, we must ensure that law enforcement and victim services 
programs have the resources they need to move these cases through our 
justice system and assist these survivors.
  This bill also strengthens some key provisions of the Prison Rape 
Elimination Act, a bill I strongly supported when it was enacted in 
2003. Specifically, changes imposed by this bill will require that 
states comply with regulations designed to prevent sexual assaults in 
our jails and prisons or lose Federal grant money. The Department of 
Justice will work with the states to assist them, but ultimately states 
will be penalized if they do not act. This bill imposes the true 
accountability required to eradicate this awful crime.
  This reauthorization also expands rights for victims of all crime. It 
builds upon the success of the Crime Victims' Rights Act by making it 
easier for crime victims to have an interpreter present during court 
proceedings and to obtain court-ordered restitution.
  I firmly believe that improving our criminal justice system is a 
priority and a place we should not be afraid to invest additional 
resources. There are parts of this legislation that I would like to see 
receive more funding, but this bill, like most legislation, is a 
compromise. As a result, this bill does reduce the total authorized 
funding under the Justice for All Act, but I believe it does so 
responsibly. I also believe that many of the changes advanced by this 
legislation will help states, communities, and the federal government 
save money in the long term.
  The programs created by the Justice for All Act have had an enormous 
impact, and it is crucial that we reauthorize and improve them. It has 
been 12 years since this law was updated, and we must work together to 
address the challenges currently facing our Nation's justice system.
  I thank the many law enforcement and criminal justice organizations 
that have helped to pinpoint the needed improvements that this law 
attempts to solve and I appreciate their ongoing support in seeing it 
passed.
  Today, we rededicate ourselves to building a criminal justice system 
in which the innocent remain free, the guilty are punished, and all 
sides have the resources they need to advance justice. Americans 
deserve a criminal justice system which keeps us safe, ensures 
fairness, and fulfills the promise

[[Page 2128]]

of our constitution. This bill will bring us closer to that goal.

                          ____________________