[114th Congress Public Law 324]
[From the U.S. Government Publishing Office]
[[Page 1947]]
JUSTICE FOR ALL REAUTHORIZATION ACT
OF 2016
[[Page 130 STAT. 1948]]
Public Law 114-324
114th Congress
An Act
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. <<NOTE: Dec. 16,
2016 - [S. 2577]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Justice for All
Reauthorization Act of 2016.>>
SECTION 1. <<NOTE: 42 USC 13701 note.>> 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) <<NOTE: Termination dates.>> 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) <<NOTE: Deadline.>> In general.--Not later than 180
days after the date of enactment of this Act, the Comptroller
General of the United States shall--
(A) <<NOTE: Determination.>> 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
[[Page 130 STAT. 1949]]
be beneficial to crime victims and what other factors
Congress should consider in weighing such changes; and
(B) <<NOTE: Reports.>> 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) <<NOTE: Grants.>> 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).
[[Page 130 STAT. 1950]]
(2) Report to congress.--Not later than 1 month after the
last day of each even-numbered fiscal year, the Attorney General
shall submit to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives a
report that includes, for each recipient of amounts described in
paragraph (1)--
(A) the amounts distributed to the recipient;
(B) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Deadline. Effective date. Coordination.>>
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. <<NOTE: Collaboration.>> 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;
[[Page 130 STAT. 1951]]
(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) <<NOTE: Certification.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Lists. Audits.>> In general.--A
chief executive officer of a State who submits a
certification under this paragraph shall also
provide the Attorney General with--
[[Page 130 STAT. 1952]]
``(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) <<NOTE: Time period.>> a
proposed schedule for completing an
audit of all the prisons listed under
subclause (I) during the following 3
audit years.
``(ii) <<NOTE: Effective
date. Certification.>> 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) <<NOTE: Lists. Audits.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Expenditure plan.>> 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
[[Page 130 STAT. 1953]]
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) <<NOTE: Time periods.>> Emergency
assurances.--
``(I) <<NOTE: Certification. Audits. Effe
ctive date.>> 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) <<NOTE: Deadline.>> Grant of
request.--The Attorney General shall
grant a request submitted under
subclause (I) within 60 days upon a
showing of good cause.
``(E) <<NOTE: Certification. Time period. Effective
dates. Grants. Audits.>> 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
[[Page 130 STAT. 1954]]
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) <<NOTE: Deadline. Web posting. State and local
governments.>> 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) <<NOTE: Certification. Determination.>> 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) <<NOTE: Time period.>> 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
[[Page 130 STAT. 1955]]
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.''.
[[Page 130 STAT. 1956]]
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) <<NOTE: Inventory.>> prepare an
inventory of the evidence related to the case; and
``(ii) <<NOTE: Records.>> 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) <<NOTE: Courts.>> 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
[[Page 130 STAT. 1957]]
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) <<NOTE: Certification.>> 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''
[[Page 130 STAT. 1958]]
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. <<NOTE: 42 USC 14136f.>> ESTABLISHMENT OF BEST
PRACTICES FOR EVIDENCE RETENTION.
``(a) <<NOTE: Consultation.>> 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. <<NOTE: Effective Administration of Criminal Justice Act
of 2016. 42 USC 3711 note.>> 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) <<NOTE: Grants.>> 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) <<NOTE: Consultation.>> 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;
[[Page 130 STAT. 1959]]
``(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) <<NOTE: Time periods. Reports.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Deadlines.>> 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) <<NOTE: Public information.>> 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) <<NOTE: Effective date. 42 USC 3752 note.>> 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. <<NOTE: Grants. 42 USC 3793c.>> OVERSIGHT AND
ACCOUNTABILITY.
All grants awarded by the Department of Justice that are authorized
under this Act shall be subject to the following:
(1) <<NOTE: Effective date. Determination.>> 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
[[Page 130 STAT. 1960]]
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) <<NOTE: Time periods.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Time periods.>> 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) <<NOTE: Time period. Effective date.>> 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. <<NOTE: Public information.>> Upon request,
the Attorney General shall make the information
disclosed under this subsection available for public
inspection.
[[Page 130 STAT. 1961]]
(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) <<NOTE: Estimate.>> 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) <<NOTE: Time period.>> prohibit the
grant recipient from receiving another grant under
this Act for not less than 5 years.
(10) Preventing duplicative grants.--
(A) <<NOTE: Determination.>> 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
[[Page 130 STAT. 1962]]
(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) <<NOTE: Public information.>> 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
[[Page 130 STAT. 1963]]
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) <<NOTE: Time period.>> 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) <<NOTE: Estimates.>> 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
[[Page 130 STAT. 1964]]
Senate a report on the implementation by the Attorney General of
the best practices recommended under paragraph (3).''.
Approved December 16, 2016.
LEGISLATIVE HISTORY--S. 2577:
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CONGRESSIONAL RECORD, Vol. 162 (2016):
June 16, considered and passed Senate.
Nov. 29, considered and passed House, amended.
Dec. 1, Senate concurred in House amendment.
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