Text: S.2577 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-324 (12/16/2016)

 
[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:
---------------------------------------------------------------------------

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.

                                  <all>