[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5033 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5033
To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant
Program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 29, 2022
Mr. Cornyn (for himself, Mr. Leahy, Mr. Tillis, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant
Program, and for other purposes.
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 ``Patrick Leahy and Orrin G. Hatch
Justice For All Act of 2022''.
SEC. 2. ENDING THE RAPE KIT BACKLOG.
(a) Tracking Kits.--Section 2(a)(8) of the DNA Analysis Backlog
Elimination Act of 2000 (34 U.S.C. 40701(a)(8)) is amended by striking
the period at the end and inserting ``, including through the
implementation, improvement, or operation of sexual assault evidence
tracking systems.''.
(b) Program Goals.--Section 2(o)(1) of the DNA Analysis Backlog
Elimination Act of 2000 (34 U.S.C. 40701(o)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``Not later than 18 months after the date of enactment of the
SAFER Act of 2013'' and inserting ``Not later than 1 year after
the date of enactment of the Patrick Leahy and Orrin G. Hatch
Justice For All Act of 2022'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(F) a determination of whether eliminating the
processing backlog of DNA evidence in the United States
is a goal of the grant program established under this
section.''.
(c) FBI Report.--Not later than 180 days, the Director of the
Federal Bureau of Investigation shall submit to Congress a report that
describes the plan and the standards that must be met, as of the date
of the submission of the report, of the Federal Bureau of Investigation
to evaluate and validate the use of Rapid DNA instruments (as defined
in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 (34
U.S.C. 40702(c)) under the Combined DNA Index System of the Federal
Bureau of Investigation.
SEC. 3. REQUIREMENTS FOR CODIS ACCESS.
Section 210304 of the Violent Crime Control and Law Enforcement Act
of 1994 (34 U.S.C. 12592) is amended by striking subsection (c) and
inserting the following:
``(c) Requirements for Access.--
``(1) In general.--
``(A) Use of dna profiles.--Subject to subparagraph
(B), reference DNA profiles from victims of sexual
assault may only be uploaded and searched by law
enforcement databases that use software of the Combined
DNA Index System for the purpose of analyzing DNA
identification markers for quality control to detect
sample contamination.
``(B) Prohibition.--The reference DNA profiles
described in subparagraph (A) may not be uploaded or
searched in the National DNA Index System of the
Combined DNA Index System for any purpose.
``(2) Cancellation of access.--Access to the index
described in subsection (a) is subject to cancellation if--
``(A) the quality control and privacy requirements
described in subsection (b) are not met; or
``(B) a law enforcement agency reports a non-
contamination-related match of a DNA profile described
in paragraph (1)(A) that is uploaded or searched from
the index to a DNA sample relating to another
investigation resulting from an elimination database
search of DNA profiles described in paragraph (1)(A) to
an investigator or an officer of a court for the
purpose of a criminal investigation or prosecution.''.
SEC. 4. RIGHT OF VICTIMS TO BE HEARD.
(a) Crime Victims' Rights.--Section 3771(a)(9) of title 18, United
States Code, is amended by striking ``informed'' and inserting
``consulted''.
(b) Federal Rules of Criminal Procedure.--Rule 11(c)(2) of the
Federal Rules of Criminal Procedure is amended--
(1) by striking ``The parties'' and inserting the
following:
``(A) The parties''; and
(2) by adding at the end the following:
``(B) In the case of a plea agreement for an
offense involving sexual assault (as defined in section
3772 of title 18, United States Code), the government
shall notify the court if a victim of the offense
objects to the plea agreement.''.
SEC. 5. VICTIMS' RIGHTS TO THEIR REPORTS.
Section 3771 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (10) as paragraph
(13); and
(B) by inserting after paragraph (9) the following:
``(10) The right to be provided, upon request, with a copy
of the report and evidence on file from the applicable law
enforcement or other investigative agency after the
investigation is closed, whether closed by arrest or otherwise,
except in the case of information that is required to be
withheld or redacted because release of the information would
adversely affect an ongoing investigation or harm public
safety.
``(11) A free copy of the police or agency report shall be
provided to the victim or victim's representative within a
reasonable period of time.
``(12) The right to be protected from the disclosure of
confidential information, including an address, Social Security
number, medical record number, driver's license number, and
employment identification number.''.
SEC. 6. VICTIMS' SERVICES IMPROVEMENTS.
Section 503(c) of the Victims' Rights and Restitution Act of 1990
(34 U.S.C. 20141(c)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by inserting ``the''
before ``manner'';
(B) in subparagraph (C), by striking ``and'' at the
end;
(C) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(E) provide a victim with reasonable resources
needed to access Federal, State, or local services and
relief described in subparagraphs (A), (B), and (C).'';
(2) in paragraph (7)--
(A) in the first sentence--
(i) by inserting ``or any crime of violence
(as defined in section 16 of title 18, United
States Code)'' after ``sexual assault''; and
(ii) by inserting ``or prosecuting agency''
after ``investigating officer''; and
(B) in the second sentence, by striking ``The
Attorney General'' and inserting ``For investigations
of sexual assault, the Attorney General''; and
(3) in paragraph (8), by adding at the end the following:
``The responsible official shall also assist the victim in
preparing and providing testimony when appropriate during the
corrections process.''.
SEC. 7. SEXUAL ASSAULT RESPONSE TRAINING FOR LAW ENFORCEMENT OFFICERS.
Section 303(a) of the DNA Sexual Assault Justice Act of 2004 (34
U.S.C. 40722(a)) is amended, in the matter preceding paragraph (1), by
inserting ``, and to implement evidence-based, trauma-informed
practices to otherwise improve the investigation of, and response to,
sexual assault cases'' after ``DNA evidence''.
SEC. 8. OFFICE OF INVESTIGATIVE FORENSIC SCIENCES REALIGNMENT.
(a) Findings.--Congress finds the following:
(1) Forensic science is the application of scientific or
technical practices to the recognition, collection, analysis,
and interpretation of evidence to establish conclusions or
opinions, facts, and findings that can be used for criminal and
civil law or regulatory issues.
(2) In particular, forensic science plays a pivotal role in
exonerating suspects and wrongfully convicted individuals,
implicating and convicting those who commit crimes, identifying
missing person, bringing closure and justice to victims of
crime and their families, providing actionable intelligence to
law enforcement agencies to solve and prevent crime enabling
transparent intelligence-led and data-driven policing, and by
providing fact-based evidence for judges and juries which would
otherwise not be available.
(3) In 2009, the National Academy of Sciences, National
Research Council published a report entitled ``Strengthening
Forensic Science in the United States: A Path Forward,'' that
put forward an agenda for advancement in the forensic science
community and its associated disciplines.
(4) Within the Department of Justice, Office of Justice
Programs there was established the National Institute of
Justice. The Office of Investigative Forensic Sciences was
created as a component of National Institute of Justice to be
the lead department in the Department of Justice for forensic
science research and development as well as for the
administration of programs that facilitate training, improve
laboratory efficiency and reduce backlogs, all in an effort to
strengthen forensic science in the United States.
(5) The forensic sciences within Federal Government
departments and agencies are fragmented, with many Federal
agencies having some level of forensic science capabilities.
There is a need for a central entity to provide robust
leadership on forensic science issues within the Department of
Justice. The Office of Investigative Forensic Sciences,
currently as a component of the National Institute of Justice,
does not have the same standing within the Office of Justice
Programs or the Department of Justice as other equally
important bureaus and offices.
(6) The time is right to realign the Office of
Investigative Forensic Sciences to the same program office
level as other Office of Justice Programs bureaus and offices
with a presidentially appointed director.
(b) Establishment of the Office of Investigative Forensic
Sciences.--Part A of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``SEC. 110. OFFICE OF INVESTIGATIVE FORENSIC SCIENCES.
``(a) In General.--There is established, within the Office of
Justice Programs, a program Office of Investigative Forensic Sciences
(referred to in this section as the `OIFS'), to be headed by a Director
appointed by the President, who shall report directly to the Office of
Assistant Attorney General for the Office of Justice Programs.
``(b) Transfer.--There shall be transferred to the OIFS the
personnel, including contractors and interns, assets, liabilities,
contracts, property, records, and unexpended balance of appropriations,
authorizations, allocations, and other funds employed, held, used,
arising from, available or to be made available, and the functions,
powers, and duties of the following:
``(1) Oversight of existing cooperative agreements relating
to forensic science administered by the Department of Justice
and determining the purposes and objectives of discretionary
grants relating to forensic science administered by the
Department of Justice, other than a grant awarded under the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program
established under section 412 of the Justice for All Act of
2004 (42 U.S.C. 40727).
``(2) The Office of Investigative and Forensic Sciences
within the National Institute of Justice.
``(3) The forensic components of the Drugs and Crime
program in the Office of Research and Evaluation within the
National Institute of Justice.
``(4) The digital evidence component of the Office of
Science and Technology within the National Institute of
Justice.
``(c) Authority.--The OIFS shall have access to and authority to
search Federal law enforcement databases and shall have assigned to it
an Originating Agency Identification (ORI) Number to facilitate the
sharing of information between the Office and law enforcement agencies.
``(d) Mission.--The mission of the OIFS is to strengthen and
promote the use and application of forensic science within the judicial
system by supporting forensic science service providers, as they
continually improve the evidence-based, valid, and reliable practice of
forensic science with a focus on quality assurance advancement research
and development conducted through--
``(1) a fair, competitive, transparent merit review
process;
``(2) testing and evaluation;
``(3) technology;
``(4) information exchange;
``(5) training;
``(6) capacity building for the forensic infrastructure;
``(7) the development of systems to implement research into
practice; and
``(8) the development of systems to address quality
management and other improvements to advance justice.
``(e) Officers and Staff.--
``(1) In general.--The OIFS shall include--
``(A) a Director who shall have, at a minimum, a
Master of Science degree; and
``(B) a Deputy Director who shall have, at a
minimum, a Bachelor of Science degree.
``(2) Detailees.--The OIFS may also include employees of
the National Institute of Standards and Technology, the
National Science Foundation, and Centers for Disease Control
and Prevention detailed to the Office of Forensic Science on a
reimbursable basis.
``(f) Liaison.--If no detailed positions are filled under
subsection (e)(2), the Directors of the National Science Foundation,
the National Institute of Standards and Technology, and the Centers for
Disease Control, shall each, in consultation with the OIFS, designate a
liaison at each respective agency to facilitate communication between
the OIFS and the agencies.
``(g) Duties and Authority.--
``(1) In general.--The OIFS shall--
``(A) have the authorities relating to forensic
science described in section 202(c);
``(B) in coordination with the National Institute
of Justice, participate in the development of any
Federal forensic science research agenda as the lead
representatives on behalf of the Department of Justice,
along with other departments and agencies of the
Federal Government;
``(C) assume and execute the responsibilities of
the offices, programs, and initiatives transferred
under subsection (b), including determining the
purposes and objectives of discretionary grants,
oversight of cooperative agreements;
``(D) assist and support the Forensic Laboratory
Needs Technology Working Group, Medical Legal Death
Investigation Working Group, and Forensic Science
Research and Development Technology Working Group in
carrying out the respective functions of the working
groups under this title and such other related
functions as are necessary to perform the functions;
and
``(E) evaluate the recommendations of the Forensic
Laboratory Needs Technology Working Group, Medical
Legal Death Investigation Working Group, and Forensic
Science Research and Development Technology Working
Group and take actions consistent with the mission of
the OIFS.''.
(c) Deadline.--The transfer required under section 820 of title I
of the Omnibus Crime Control and Safe Streets Act of 1968, as added by
subsection (b), shall be completed on the date that is 180 days after
the date of enactment of this Act.
SEC. 9. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.
(a) Amendments.--Part BB of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (34 U.S.C. 10561 et seq.) is amended--
(1) in section 2802 (34 U.S.C. 10562)--
(A) in the matter preceding paragraph (1), by
inserting ``(b) Applications.--'' before ``To
request'';
(B) by striking paragraphs (1) and (2) and
inserting the following:
``(1) a certification that the State or unit of local
government has developed a plan for forensic science service
providers and forensic medicine service providers under a
program described in section 2804, which shall include a
specific description of the manner in which the grant will be
used to carry out the plan;
``(2)(A) a certification that any forensic science service
provider laboratory system, including any laboratory operated
by a unit of local government within the State, or forensic
medicine service provider in the State, that will receive any
portion of the grant amount uses generally accepted laboratory
practices and procedures, established by accrediting
organizations or appropriate certifying bodies;
``(B) except with regard to any forensic medicine service
provider in the State, a certification--
``(i) that any forensic science service provider
laboratory system, including any forensic science
service provider operated by a unit of local government
within the State, that will receive any portion of the
grant 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
``(ii) that the State or unit of local government
shall use a portion of the grant amount to prepare and
apply for such accreditation as described in clause (i)
not later than 2 years after the date on which the
grant is awarded under this part; and
``(C) a certification that--
``(i) any forensic medicine service provider in the
State that will receive any portion of the grant
amounts is accredited by a 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 by an accrediting body that
has developed and implemented programs of accreditation
that promote within the office a quality management
system designed to improve and maintain quality
assurance, integrity and the use of generally accepted
laboratory practices and procedures; or
``(ii) that the State or unit of local government
shall use a portion of the grant amount to prepare and
apply for accreditation described in clause (i) not
later than 3 years after the date on which the grant is
awarded under this part;'';
(C) in paragraph (4)--
(i) by striking ``that a government entity
exists and an appropriate process is in place''
and inserting ``that a named government entity
has an appropriate process in place''; and
(ii) by striking ``medical examiner's
office, coroner's office'' and inserting
``forensic medicine service provider'';
(D) by inserting before subsection (b), as so
designated by subparagraph (A), the following:
``(a) Definitions.--In this section:
``(1) Forensic medicine service provider.--The term
`forensic medicine service provider' means a State or unit of
local government forensic medicine service provider having not
fewer than 1 part-time or full-time employed forensic
pathologist, or forensic pathologist under contract, who
conducts medico-legal death investigations, including
examinations of human remains, and who provides reports or
opinion testimony with respect to such activity in courts of
law within the United States.
``(2) Forensic science service provider.--The term
`forensic science service provider' means a State or unit of
local government agency having not fewer than 1 full-time
analyst who examines physical evidence in criminal or
investigative matters and provides reports or opinion testimony
with respect to such evidence in courts of law in the United
States.''; and
(E) by adding at the end the following:
``(c) Requirement.--Not later than 30 days after the date on which
grant funds are dispersed under this part, the Attorney General shall
publish on the public website of the Department of Justice--
``(1) a list of each forensic laboratory system, forensic
medicine service provider, law enforcement storage facility, or
medical facility that received the funds; and
``(2) as it corresponds to each entity listed under
paragraph (1)--
``(A) the name of the government entity responsible
for conducting independent external investigations
under subsection (b)(4)(A);
``(B) a description of the process by which the
government entity will conduct the independent external
investigations into allegations of serious negligence
or misconduct; and
``(C) instructions for how a person can file an
allegation described in subparagraph (B).'';
(2) in section 2803(a) (34 U.S.C. 10563(a))--
(A) in paragraph (1), by striking ``Eighty-five
percent'' and inserting the following:
``(A) In general.--Subject to subparagraph (B), 85
percent''; and
(B) by adding at the end the following:
``(B) Additional allocation requirements.--
``(i) In general.--Of the total amount made
to a State for a fiscal year under subparagraph
(A), 5 percent shall be allocated for--
``(I) forensic science service
providers pursuing first-time
accreditation by an accrediting body
that--
``(aa) is a signatory to an
internationally recognized
arrangement; and
``(bb) offers accreditation
to forensic science conformity
assessment bodies using an
accreditation standard that is
recognized by such
internationally recognized
arrangement; and
``(II) forensic medicine service
providers pursuing first-time
accreditation by an accrediting body--
``(aa) that--
``(AA) is a
signatory to an
internationally
recognized arrangement;
and
``(BB) offers
accreditation to
forensic science
conformity assessment
bodies using an
accreditation standard
that is recognized by
such internationally
recognized arrangement;
``(bb) that has developed
and implemented programs of
accreditation that promote
within the office a quality
management system designed to
improve and maintain quality
assurance, integrity and the
use of generally accepted
laboratory practices and
procedures; or
``(cc) 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 3
years after the date on which a
grant is awarded under section
2801.
``(ii) Requirement.--
``(I) In general.--Each State
receiving a grant amount for a fiscal
year shall submit a certification that
the State Administering Agency has made
reasonable efforts to notify the
forensic science service providers and
forensic medicine service providers in
the State that not less than 5 percent
of the total amount awarded under this
part are available for preparation for
or fees associated with first-time
accreditation.
``(II) Reasonable efforts.--For
purposes of subclause (I), reasonable
efforts to provide notice include email
or mail to known forensic science
service provider contacts.
``(III) Rule of construction.--
Nothing in this clause shall be
construed to require that a forensic
science service provider or forensic
medicine service provider--
``(aa) apply for funds
described in this clause; or
``(bb) sign a declaration
stating the provider does not
want the funds.
``(IV) Other allowable uses.--If
any amount of the 5 percent of funds
allocated under this subparagraph are
not requested or used by a forensic
science service provider or forensic
medicine service provider, such amount
may be allocated by the State to other
allowable grant purposes.'';
(3) in section 2804(a)(5) (34 U.S.C. 10564(a)(5)), by
inserting ``, coroners, and medical-legal death investigators''
before the period at the end; and
(4) in section 2806(a) (34 U.S.C. 10566(a))--
(A) in paragraph (1), by inserting ``and forensic
pathology or medical-legal death investigator'' after
``science'';
(B) in paragraph (2)--
(i) by inserting ``or human remains'' after
``sample''; and
(ii) by inserting ``examination or'' before
``test results'';
(C) in paragraph (3), after ``laboratory'' insert
``or forensic medicine service provider''; and
(D) in paragraph (4), by inserting ``or forensic
medicine service provider'' after ``provider''.
(b) Reauthorization.--Section 1001(a)(24) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(24)) is
amended--
(1) by striking subparagraphs (A) through (M);
(2) by redesignating subparagraph (N) as subparagraph (A);
(3) in subparagraph (A), as so redesignated, by striking
the period at the end and inserting ``; and''; and
(4) by adding at the end the following:
``(B) $40,000,000 for fiscal year 2023;
``(C) $43,000,000 for fiscal year 2024;
``(D) $46,000,000 for fiscal year 2025;
``(E) $50,000,000 for fiscal year 2026; and
``(F) $50,000,000 for fiscal year 2027.''.
(c) Operational Needs Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and once every 3 years thereafter, 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
projected workload, backlog, personnel, workforce, resource,
and equipment needs of forensic science providers and forensic
medical service providers.
(2) Required coordination.--The study required under
paragraph (1) shall be conducted in conjunction with the
Forensic Laboratory Needs-Technology Working Group and the
Federal Interagency Medicolegal Death Investigation Working
Group.
(3) Considerations.--The report required under paragraph
(1) shall consider--
(A) the most recent Bureau of Justice Statistics
census reports on Publicly Funded Forensic Science
Service Providers, Digital Forensic Science Service
Providers, and Medical Examiner/Coroner Offices;
(B) the Report to Congress: Needs Assessment of
Forensic Laboratories and Medical Examiner/Coroner
Offices, published by the National Institute of
Justice; and
(C) the practical and applied implications of any
other scientific reports on forensic science with
relevance to the operational, quality management, and
practical needs of the forensic science community.
(4) Public availability.--The report submitted under
paragraph (1) shall be made available to the public.
SEC. 10. REMOVING UNNECESSARY AUTHORIZATIONS.
Title III of the Justice for All Act of 2004 (Public Law 108-405)
is amended in section 307(a) by striking ``$7,400,000 for fiscal year
2017 and $10,000,000 for each of fiscal years 2018 through 2021''.
SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION IN STATE CAPITAL
CASES.
(a) Authorization.--Section 426(a)(5) of the Innocence Protection
Act of 2004 (34 U.S.C. 60306(a)(5)) is amended by striking
``$22,500,000 for fiscal year 2021.'' and inserting ``$12,500,000 for
each of fiscal years 2023 through 2027,''.
(b) Authorization of Grant Program To Ensure Case Review,
Representation, and Provide Post-Conviction Relief.--
(1) In general.--Subtitle B of title IV of the Justice for
All Act of 2004 (34 U.S.C. 60301 et seq.) is amended by adding
at the end the following:
``SEC. 427. WRONGFUL CONVICTION REVIEWS.
``(1) Purpose.--The Attorney General shall administer grant
programs within the Bureau of Justice Assistance, to encourage
the review of possible cases of wrongful conviction and
facilitate post-conviction relief by establishing or expanding
State and local conviction integrity units and by providing
high quality representation for defendants litigating post-
conviction claims of innocence.
``(2) Conviction integrity unit grants.--
``(A) Eligible entity defined.--In this paragraph,
the term `eligible entity' means a prosecutor's office
or a State attorney general's office that may work in
partnership with a nonprofit organization, law school
innocence clinic, or public defender's office dedicated
to receiving petitions for or reviewing wrongful
convictions and wrongful sentences.
``(B) Authorization.--The Attorney General, acting
through the Director of the Bureau of Justice
Assistance, shall make grants to eligible entities for
the purpose of creating State and local conviction
integrity units or entities.
``(C) Application requirements.--Each application
for a grant under this paragraph shall--
``(i) demonstrate a plan by the applicant
to create, maintain, or expand a State or local
conviction integrity unit with the intention to
conduct substantive, evidence-based conviction
review;
``(ii) develop a tool to survey or conduct
focus groups with community members, non-profit
organizations, or public defender offices
dedicated to receiving petitions for or
reviewing wrongful convictions, and existing
local Conviction Integrity Units in order to
identify--
``(I) the needs of individuals or
their counsel seeking review of their
convictions or sentences; and
``(II) the needs of existing local
conviction integrity units and non-
profit organizations or public
defender's offices dedicated to
receiving petitions for or reviewing
wrongful convictions;
``(iii) use the information gathered under
clause (ii) and conviction integrity unit best
practices to advise procedural conduct in
conviction review;
``(iv) develop procedures to ensure that
conviction integrity unit is able to operate
independently in rules and practice from the
other units within the district attorney's
offices or any prosecutors previously involved
with the case;
``(v) in the case of a prosecutor's office
that cannot meet the requirement in clause (iv)
because of the size of the office, provide a
written policy detailing reasonable steps that
shall be taken to preserve independence and
ethical integrity during the investigation;
``(vi) allow for meaningful participation
in the review process by petitioner's counsel;
and
``(vii) develop victim notification
procedures for final exonerations as
appropriate.
``(D) Preference.--In awarding grants under this
paragraph, the Attorney General shall give preference
to applicants who demonstrate a partnership with a
nonprofit organization, law school innocence clinic, or
public defender's office dedicated to receiving
petitions for or review wrongful convictions and
wrongful sentences.
``(E) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for each of
fiscal years 2023 through 2027 to carry out this
paragraph, of which not more than 5 percent of the
grant funding shall be used for training and technical
assistance for grantees.
``(3) Wrongful conviction review grants.--
``(A) Eligible entity defined.--In this paragraph,
the term `eligible entity' means a non-profit
organization, institution of higher education, or State
or local public defender office that has in-house post-
conviction representation programs that show
demonstrable experience or competence in litigating
post-conviction claims of innocence.
``(B) Authorization.--The Attorney General shall
establish a wrongful conviction review grant program
and award grants to eligible entities for the purpose
of providing high quality post-conviction
representation for defendants in post-conviction claims
of innocence.
``(C) Use of funds.--A grant awarded under this
paragraph shall be used to support an eligible entity
in providing--
``(i) post-conviction legal representation
of innocence claims;
``(ii) case review, evaluation, and
management;
``(iii) experts;
``(iv) potentially exonerative forensic
testing by a forensic service provider that is
accredited by an accrediting body that--
``(I) is a signatory to an
internationally recognized arrangement;
and
``(II) offers accreditation to
forensic science conformity assessment
bodies using an accreditation standard
that is recognized by the
internationally recognized arrangement
described in subclause (I); and
``(v) investigation services related to
supporting these post-conviction innocence
claims.
``(D) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
paragraph--
``(i) $15,000,000 for fiscal year 2023;
``(ii) $18,000,000 for fiscal year 2024;
``(iii) $22,000,000 for fiscal year 2025;
``(iv) $26,000,000 for fiscal year 2026;
and
``(v) $30,000,000 for fiscal year 2027.''.
(2) Clerical 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 426 the following:
``Sec. 427. Wrongful conviction reviews.''.
SEC. 12. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING GRANT PROGRAM.
(a) Reauthorization.--The Innocence Protection Act of 2004 (title
IV of Public Law 108-405; 118 Stat. 2278) is amended--
(1) in section 412(a) (34 U.S.C. 40727(a)), by inserting
``and units of local government'' after ``States''; and
(2) in section 413 (34 U.S.C. 40722 note)--
(A) in the matter preceding paragraph (1), by
striking ``2017 through 2021'' and inserting ``2022
through 2026''; and
(B) by striking paragraph (2) and inserting the
following:
``(2) demonstrate the existence of current laws,
regulations, or policies for relevant jurisdictions in the
State in which the eligible entity operates that require
preservation of biological evidence secured in relation to the
investigation or prosecution of a State offense--
``(A) under a State statute or a State or local
rule, regulation, or practice, in a manner that seeks
to ensure that reasonable measures are taken by
jurisdictions within the State to preserve such
evidence; or
``(B) under a State statute or a State or local
rule, regulation, or practice, in a manner comparable
to section 3600A of title 18, United States Code, if--
``(i) jurisdictions within the State that
would benefit from this grant program comply
with this requirement; and
``(ii) such jurisdictions may preserve such
evidence for longer than the period of time
that such evidence would be required to be
preserved under such section 3600A.''.
(b) Authorization of Appropriations.--Section 412 of the Innocence
Protection Act of 2004 (34 U.S.C. 40727) is amended by striking
subsection (b) and inserting the following:
``(b) Appropriation.--There are authorized to be appropriated--
``(1) $15,000,000 for fiscal year 2023;
``(2) $18,000,000 for fiscal year 2024;
``(3) $22,000,000 for fiscal year 2025;
``(4) $26,000,000 for fiscal year 2026; and
``(5) $30,000,000 for fiscal year 2027.''.
SEC. 13. ADDITIONAL DNA-RELATED REAUTHORIZATIONS.
(a) DNA Research and Development.--Section 305(c) of the DNA Sexual
Assault Justice Act of 2004 (34 U.S.C. 40724(c)) is amended by striking
``2017 through 2021'' and inserting ``2023 through 2027''.
(b) DNA Identification of Missing Persons.--Section 308(c) of the
DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40726(c)) is amended
by striking ``2017 through 2021'' and inserting ``2023 through 2027''.
SEC. 14. ACCOUNTABILITY.
For fiscal year 2023, and each fiscal year thereafter, all grants
awarded by the Department of Justice that are authorized under this Act
shall be subject to the following accountability provisions:
(1) Audit requirement.--
(A) Definition.--In this paragraph, 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 during the 12-month period beginning
on the date on which the final audit report is issued.
(B) Requirement.--Beginning in fiscal year 2023,
and in 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.
(C) 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 first 2
fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
(D) 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.
(E) Reimbursement.--If an entity is awarded grant
funds under this Act during the 2-fiscal-year period
during which the entity is barred from receiving grants
under subparagraph (C), the Attorney General shall--
(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
(2) Nonprofit organization requirements.--
(A) Definition.--For purposes of this section and
the grant programs authorized under 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 may not
award a grant under 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 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 subparagraph
available for public inspection.
(3) 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 entity 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 funds made available to the
Department of Justice, unless the Deputy Attorney
General or the appropriate Assistant Attorney General,
Director, or principal deputy (as designated by the
Deputy Attorney General) provides prior written
authorization that the funds may be expended to host
the conference, or was approved by the Attorney General
through the application process and subsequent
cooperative agreement award and any approved revisions.
(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, beverages, audio-visual equipment,
honoraria for speakers, and 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 under this paragraph.
(4) Annual certification.--Beginning in fiscal year 2023,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification indicating whether--
(A) all audits issued by the Office of the
Inspector General under paragraph (1) have been
completed and reviewed by the appropriate Assistant
Attorney General or Director;
(B) all mandatory exclusions required under
paragraph (1)(C) have been issued, which includes a
list of any grant recipients excluded under paragraph
(1) from the previous year; and
(C) all reimbursements required under paragraph
(1)(E) have been made.
(5) 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.
(6) Other prohibitions.--None of the funds provided under
this Act shall be used by grant or cooperative agreement
recipients as a management fee or profit for the purpose of
circumventing statutory or other limitations included in the
terms and conditions of the award on otherwise allowable costs,
including the use of management fees or profit to purchase
alcoholic beverages, entertainment, meals for non-business
purposes, and membership dues for social or sporting clubs.
(7) Preventing duplicative grants.--
(A) In general.--Before the Attorney General awards
a grant to an applicant under this Act, the Attorney
General shall compare potential grant awards with other
grants awarded under this Act to determine whether
duplicate grants are awarded for the same purpose.
(B) Report.--If the Attorney General awards
duplicate grants to the same applicant for the same
purpose, the Attorney General shall submit to the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives a report that includes--
(i) a list of all duplicate grants awarded,
including the total dollar amount of any
duplicate grants awarded; and
(ii) the reason the Attorney General
awarded the duplicate grants.
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