[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2577 Enrolled Bill (ENR)]
S.2577
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

d3d447d35ca1bc63aa9431c04caa684baa4d55d35ce3e23e957b8d173f4f6b83

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

5b3f517f8534975f9d65c198e066054f21d0e29d69a29fe532e13705445707d9

(a) Restitution During Supervised Release.--Section 3583(d) of
title 18, United States Code, is amended in the first sentence by
inserting ``, that the defendant make restitution in accordance with
sections 3663 and 3663A, or any other statute authorizing a sentence of
restitution,'' after ``supervision''.
(b) Collection of Restitution From Defendant's Estate.--Section
3613(b) of title 18, United States Code, is amended by adding at the
end the following: ``The liability to pay restitution shall terminate
on the date that is the later of 20 years from the entry of judgment or
20 years after the release from imprisonment of the person ordered to
pay restitution. In the event of the death of the person ordered to pay
restitution, the individual's estate will be held responsible for any
unpaid balance of the restitution amount, and the lien provided in
subsection (c) of this section shall continue until the estate receives
a written release of that liability.''.
(c) Victim Interpreters.--Rule 28 of the Federal Rules of Criminal
Procedure is amended in the first sentence by inserting before the
period at the end the following: ``, including an interpreter for the
victim''.
(d) GAO Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United States
shall--
(A) conduct a study to determine whether enhancing the
restitution provisions under sections 3663 and 3663A of title
18, United States Code, to provide courts broader authority to
award restitution for Federal offenses would be beneficial to
crime victims and what other factors Congress should consider
in weighing such changes; and
(B) submit to Congress a report on the study conducted
under subparagraph (A).
(2) Contents.--In conducting the study under paragraph (1), the
Comptroller General shall focus on the benefits to crime victims
that would result if the restitution provisions under sections 3663
and 3663A of title 18, United States Code, were expanded--
(A) to apply to victims who have suffered harm, injury, or
loss that would not have occurred but for the defendant's
related conduct;
(B) in the case of an offense resulting in bodily injury
resulting in the victim's death, to allow the court to use its
discretion to award an appropriate sum to reflect the income
lost by the victim's surviving family members or estate as a
result of the victim's death;
(C) to require that the defendant pay to the victim an
amount determined by the court to restore the victim to the
position he or she would have been in had the defendant not
committed the offense; and
(D) to require that the defendant compensate the victim for
any injury, harm, or loss, including emotional distress, that
occurred as a result of the offense.

08a9da753073d55700c6355cf1681cbceb7b2c0a6ef744df06e5dbd31089f29a

(a) In General.--Of the amounts made available to the Attorney
General for a DNA Analysis and capacity enhancement program and for
other local, State, and Federal forensic activities under the heading
``state and local law enforcement'' under the heading ``Office of
Justice Programs'' under the heading ``DEPARTMENT OF JUSTICE'' in
fiscal years 2018, 2019, 2020, and 2021--
(1) not less than 75 percent of such amounts shall be provided
for grants for activities described under paragraphs (1), (2), and
(3) of section 2(a) of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135(a)); and
(2) not less than 5 percent of such amounts shall be provided
for grants for law enforcement agencies to conduct audits of their
backlogged rape kits under section 2(a)(7) of the DNA Analysis
Backlog Elimination Act of 2000 (42 U.S.C. 14135(a)(7)) to create
and operate associated tracking systems and to prioritize testing
in those cases in which the statute of limitation will soon expire.
(b) Reporting.--
(1) Report by grant recipients.--With respect to amounts made
available to the Attorney General for a DNA Analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities under the heading ``state and local law
enforcement'' under the heading ``Office of Justice Programs''
under the heading ``DEPARTMENT OF JUSTICE'', the Attorney General
shall require recipients of the amounts to report on the
effectiveness of the activities carried out using the amounts,
including any information the Attorney General needs in order to
submit the report required under paragraph (2).
(2) Report to congress.--Not later than 1 month after the last
day of each even-numbered fiscal year, the Attorney General shall
submit to the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives a report
that includes, for each recipient of amounts described in paragraph
(1)--
(A) the amounts distributed to the recipient;
(B) a summary of the purposes for which the amounts were
used and an evaluation of the progress of the recipient in
achieving those purposes;
(C) a statistical summary of the crime scene samples and
arrestee or offender samples submitted to laboratories, the
average time between the submission of a sample to a laboratory
and the testing of the sample, and the percentage of the
amounts that were paid to private laboratories; and
(D) an evaluation of the effectiveness of the grant amounts
in increasing capacity and reducing backlogs.

539f67152f7198f29e9f5987898dc2e43bcc1b685a79360195bfc6eab937ec9b

Section 304 of the DNA Sexual Assault Justice Act of 2004 (42
U.S.C. 14136a) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) Preference.--
``(1) In general.--In reviewing applications submitted in
accordance with a program authorized, in whole or in part, by this
section, the Attorney General shall give preference to any eligible
entity that certifies that the entity will use the grant funds to--
``(A) improve forensic nurse examiner programs in a rural
area or for an underserved population, as those terms are
defined in section 4002 of the Violence Against Women Act of
1994 (42 U.S.C. 13925);
``(B) engage in activities that will assist in the
employment of full-time forensic nurse examiners to conduct
activities under subsection (a); or
``(C) sustain or establish a training program for forensic
nurse examiners.
``(2) Directive to the attorney general.--Not later than the
beginning of fiscal year 2018, the Attorney General shall
coordinate with the Secretary of Health and Human Services to
inform Federally Qualified Health Centers, Community Health
Centers, hospitals, colleges and universities, and other
appropriate health-related entities about the role of forensic
nurses and existing resources available within the Department of
Justice and the Department of Health and Human Services to train or
employ forensic nurses to address the needs of communities dealing
with sexual assault, domestic violence, and elder abuse. The
Attorney General shall collaborate on this effort with
nongovernmental organizations representing forensic nurses.''.

4686057d11be4e90c06314e43c6267425e88242224692b5eafae61344b8b7e4e

Section 8(e)(1)(A) of the Prison Rape Elimination Act of 2003 (42
U.S.C. 15607(e)(1)(A)) is amended--
(1) in clause (i), by striking ``and'' at the end;
(2) in clause (ii), by striking the period and inserting ``;
and''; and
(3) by inserting at the end the following:
``(iii) the program is not administered by the Office
on Violence Against Women of the Department of Justice.''.

f821db39c5ed9c881d6582dca6a0118870bf98e333bcb55b50dffb66da30add8

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.

7ea5c476243043549b2f196c43a103ac12efacb20049d8de118a298c403f7978

The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 et seq.)
is amended--
(1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking
subparagraph (A) and inserting the following:
``(A)(i) include the certification of the chief executive
that the State receiving such grant has adopted all national
prison rape standards that, as of the date on which the
application was submitted, have been promulgated under this
Act; or
``(ii) demonstrate to the Attorney General, in such manner
as the Attorney General shall require, that the State receiving
such grant is actively working to adopt and achieve full
compliance with the national prison rape standards described in
clause (i);''; and
(2) in section 8(e) (42 U.S.C. 15607(e))--
(A) by striking paragraph (2) and inserting the following:
``(2) Adoption of national standards.--
``(A) In general.--For each fiscal year, any amount that a
State would otherwise receive for prison purposes for that
fiscal year under a grant program covered by this subsection
shall be reduced by 5 percent, unless the chief executive
officer of the State submits to the Attorney General proof of
compliance with this Act through--
``(i) a certification that the State has adopted, and
is in full compliance with, the national standards
described in subsection (a); or
``(ii) an assurance that the State intends to adopt and
achieve full compliance with those national standards so as
to ensure that a certification under clause (i) may be
submitted in future years, which includes--
``(I) a commitment that not less than 5 percent of
such amount shall be used for this purpose; or
``(II) a request that the Attorney General hold 5
percent of such amount in abeyance pursuant to the
requirements of subparagraph (E).
``(B) Rules for certification.--
``(i) In general.--A chief executive officer of a State
who submits a certification under this paragraph shall also
provide the Attorney General with--
``(I) a list of the prisons under the operational
control of the executive branch of the State;
``(II) a list of the prisons listed under subclause
(I) that were audited during the most recently
concluded audit year;
``(III) all final audit reports for prisons listed
under subclause (I) that were completed during the most
recently concluded audit year; and
``(IV) a proposed schedule for completing an audit
of all the prisons listed under subclause (I) during
the following 3 audit years.
``(ii) Audit appeal exception.--Beginning on the date
that is 3 years after the date of enactment of the Justice
for All Reauthorization Act of 2016, a chief executive
officer of a State may submit a certification that the
State is in full compliance pursuant to subparagraph (A)(i)
even if a prison under the operational control of the
executive branch of the State has an audit appeal pending.
``(C) Rules for assurances.--
``(i) In general.--A chief executive officer of a State
who submits an assurance under subparagraph (A)(ii) shall
also provide the Attorney General with--
``(I) a list of the prisons under the operational
control of the executive branch of the State;
``(II) a list of the prisons listed under subclause
(I) that were audited during the most recently
concluded audit year;
``(III) an explanation of any barriers the State
faces to completing required audits;
``(IV) all final audit reports for prisons listed
under subclause (I) that were completed during the most
recently concluded audit year;
``(V) a proposed schedule for completing an audit
of all prisons under the operational control of the
executive branch of the State during the following 3
audit years; and
``(VI) an explanation of the State's current degree
of implementation of the national standards.
``(ii) Additional requirement.--A chief executive
officer of a State who submits an assurance under
subparagraph (A)(ii)(I) shall, before receiving the
applicable funds described in subparagraph (A)(ii)(I), also
provide the Attorney General with a proposed plan for the
expenditure of the funds during the applicable grant
period.
``(iii) Accounting of funds.--A chief executive officer
of a State who submits an assurance under subparagraph
(A)(ii)(I) shall, in a manner consistent with the
applicable grant reporting requirements, submit to the
Attorney General a detailed accounting of how the funds
described in subparagraph (A) were used.
``(D) Sunset of assurance option.--
``(i) In general.--On the date that is 3 years after
the date of enactment of the Justice for All
Reauthorization Act of 2016, subclause (II) of subparagraph
(A)(ii) shall cease to have effect.
``(ii) Additional sunset.--On the date that is 6 years
after the date of enactment of the Justice for All
Reauthorization Act of 2016, clause (ii) of subparagraph
(A) shall cease to have effect.
``(iii) Emergency assurances.--
``(I) Request.--Notwithstanding clause (ii), during
the 2-year period beginning 6 years after the date of
enactment of the Justice for All Reauthorization Act of
2016, a chief executive officer of a State who
certifies that the State has audited not less than 90
percent of prisons under the operational control of the
executive branch of the State may request that the
Attorney General allow the chief executive officer to
submit an emergency assurance in accordance with
subparagraph (A)(ii) as in effect on the day before the
date on which that subparagraph ceased to have effect
under clause (ii) of this subparagraph.
``(II) Grant of request.--The Attorney General
shall grant a request submitted under subclause (I)
within 60 days upon a showing of good cause.
``(E) Disposition of funds held in abeyance.--
``(i) In general.--If the chief executive officer of a
State who has submitted an assurance under subparagraph
(A)(ii)(II) subsequently submits a certification under
subparagraph (A)(i) during the 3-year period beginning on
the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General will
release all funds held in abeyance under subparagraph
(A)(ii)(II) to be used by the State in accordance with the
conditions of the grant program for which the funds were
provided.
``(ii) Release of funds.--If the chief executive
officer of a State who has submitted an assurance under
subparagraph (A)(ii)(II) is unable to submit a
certification during the 3-year period beginning on the
date of enactment of the Justice for All Reauthorization
Act of 2016, but does assure the Attorney General that \2/
3\ of prisons under the operational control of the
executive branch of the State have been audited at least
once, the Attorney General shall release all of the funds
of the State held in abeyance to be used in adopting and
achieving full compliance with the national standards, if
the State agrees to comply with the applicable requirements
in clauses (ii) and (iii) of subparagraph (C).
``(iii) Redistribution of funds.--If the chief
executive officer of a State who has submitted an assurance
under subparagraph (A)(ii)(II) is unable to submit a
certification during the 3-year period beginning on the
date of enactment of the Justice for All Reauthorization
Act of 2016 and does not assure the Attorney General that
\2/3\ of prisons under the operational control of the
executive branch of the State have been audited at least
once, the Attorney General shall redistribute the funds of
the State held in abeyance to other States to be used in
accordance with the conditions of the grant program for
which the funds were provided.
``(F) Publication of audit results.--Not later than 1 year
after the date of enactment of the Justice for All
Reauthorization Act of 2016, the Attorney General shall request
from each State, and make available on an appropriate Internet
website, all final audit reports completed to date for prisons
under the operational control of the executive branch of each
State. The Attorney General shall update such website annually
with reports received from States under subparagraphs (B)(i)
and (C)(i).
``(G) Report on implementation of national standards.--Not
later than 2 years after the date of enactment of the Justice
for All Reauthorization Act of 2016, the Attorney General shall
issue a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on the status of implementation of the national
standards and the steps the Department, in conjunction with the
States and other key stakeholders, is taking to address any
unresolved implementation issues.''; and
(B) by adding at the end the following:
``(8) Background checks for auditors.--An individual seeking
certification by the Department of Justice to serve as an auditor
of prison compliance with the national standards described in
subsection (a) shall, upon request, submit fingerprints in the
manner determined by the Attorney General for criminal history
record checks of the applicable State and Federal Bureau of
Investigation repositories.''.

9d180b9a7d5f42d2df2f488c1e2f8d070069a32dc83b4a9b322e288c9c63bbce

(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''.

c0ea4cfeb6e0d9a19af3b9f16f5ab94dfc304832f2b14ec89b9de1b972ba4548

(a) Grants.--Part BB of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797j) is amended--
(1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting after
``bodies'' the following: ``and, except with regard to any medical
examiner's office, or coroner's office in the State, is accredited
by an accrediting body that is a signatory to an internationally
recognized arrangement and that offers accreditation to forensic
science conformity assessment bodies using an accreditation
standard that is recognized by that internationally recognized
arrangement, or attests, in a manner that is legally binding and
enforceable, to use a portion of the grant amount to prepare and
apply for such accreditation not more than 2 years after the date
on which a grant is awarded under section 2801'';
(2) in section 2803(a) (42 U.S.C. 3797l(a))--
(A) in paragraph (1)--
(i) by striking ``Seventy-five percent'' and inserting
``Eighty-five percent''; and
(ii) by striking ``75 percent'' and inserting ``85
percent'';
(B) in paragraph (2), by striking ``Twenty-five percent''
and inserting ``Fifteen percent''; and
(C) in paragraph (3), by striking ``0.6 percent'' and
inserting ``1 percent'';
(3) in section 2804(a) (42 U.S.C. 3797m(a))--
(A) in paragraph (2)--
(i) by inserting ``impression evidence,'' after
``latent prints,''; and
(ii) by inserting ``digital evidence, fire evidence,''
after ``toxicology,'';
(B) in paragraph (3), by inserting ``and medicolegal death
investigators'' after ``laboratory personnel''; and
(C) by inserting at the end the following:
``(4) To address emerging forensic science issues (such as
statistics, contextual bias, and uncertainty of measurement) and
emerging forensic science technology (such as high throughput
automation, statistical software, and new types of
instrumentation).
``(5) To educate and train forensic pathologists.
``(6) To fund medicolegal death investigation systems to
facilitate accreditation of medical examiner and coroner offices
and certification of medicolegal death investigators.''; and
(4) in section 2806(a) (42 U.S.C. 3797o(a))--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) the progress of any unaccredited forensic science service
provider receiving grant funds toward obtaining accreditation;
and''.
(b) Authorization of Appropriations.--Section 1001(a)(24) of title
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(24)) is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) in subparagraph (I), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(J) $13,500,000 for fiscal year 2017;
``(K) $18,500,000 for fiscal year 2018;
``(L) $19,000,000 for fiscal year 2019;
``(M) $21,000,000 for fiscal year 2020; and
``(N) $23,000,000 for fiscal year 2021.''.

6e2525c2036040bfc0b7ab188fceecc415b064811d276bf7b4eb1951d873729b

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''.

b7003db8aaacf1435860b1602d380a4cf5bfac870ee46cc0da0770037687f39a

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

59b932395ec1da7d06edb0a8f47681173622da59d3490a77be60ca70016066cf

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

bc69c9b5fc939c639d63201930fb82b303fec7bebc22025a8bb425d23a796258

(a) In General.--Subtitle A of title IV of the Justice for All Act
of 2004 (Public Law 108-405; 118 Stat. 2278) is amended by adding at
the end the following:
``SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE RETENTION.
``(a) In General.--The Director of the National Institute of
Justice, in consultation with Federal, State, and local law enforcement
agencies and government laboratories, shall--
``(1) establish best practices for evidence retention to focus
on the preservation of forensic evidence; and
``(2) assist State, local, and tribal governments in adopting
and implementing the best practices established under paragraph
(1).
``(b) Deadline.--Not later than 1 year after the date of enactment
of this section, the Director of the National Institute of Justice
shall publish the best practices established under subsection (a)(1).
``(c) Limitation.--Nothing in this section shall be construed to
require or obligate compliance with the best practices established
under subsection (a)(1).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Justice for All Act of 2004 (Public Law 108-405;
118 Stat. 2260) is amended by inserting after the item relating to
section 413 the following:
``Sec. 414. Establishment of best practices for evidence retention.''.

aaaad3f0d4b8aa585d4d155b00c8af8441b87672fa47c61e666737c0518f115d

(a) Short Title.--This section may be cited as the ``Effective
Administration of Criminal Justice Act of 2016''.
(b) Strategic Planning.--Section 502 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is
amended--
(1) by inserting ``(a) In General.--'' before ``To request a
grant''; and
(2) by adding at the end the following:
``(6) A comprehensive Statewide plan detailing how grants
received under this section will be used to improve the
administration of the criminal justice system, which shall--
``(A) be designed in consultation with local governments,
and representatives of all segments of the criminal justice
system, including judges, prosecutors, law enforcement
personnel, corrections personnel, and providers of indigent
defense services, victim services, juvenile justice delinquency
prevention programs, community corrections, and reentry
services;
``(B) include a description of how the State will allocate
funding within and among each of the uses described in
subparagraphs (A) through (G) of section 501(a)(1);
``(C) describe the process used by the State for gathering
evidence-based data and developing and using evidence-based and
evidence-gathering approaches in support of funding decisions;
``(D) describe the barriers at the State and local level
for accessing data and implementing evidence-based approaches
to preventing and reducing crime and recidivism; and
``(E) be updated every 5 years, with annual progress
reports that--
``(i) address changing circumstances in the State, if
any;
``(ii) describe how the State plans to adjust funding
within and among each of the uses described in
subparagraphs (A) through (G) of section 501(a)(1);
``(iii) provide an ongoing assessment of need;
``(iv) discuss the accomplishment of goals identified
in any plan previously prepared under this paragraph; and
``(v) reflect how the plan influenced funding decisions
in the previous year.
``(b) Technical Assistance.--
``(1) Strategic planning.--Not later than 90 days after the
date of enactment of this subsection, the Attorney General shall
begin to provide technical assistance to States and local
governments requesting support to develop and implement the
strategic plan required under subsection (a)(6). The Attorney
General may enter into agreements with 1 or more non-governmental
organizations to provide technical assistance and training under
this paragraph.
``(2) Protection of constitutional rights.--Not later than 90
days after the date of enactment of this subsection, the Attorney
General shall begin to provide technical assistance to States and
local governments, including any agent thereof with responsibility
for administration of justice, requesting support to meet the
obligations established by the Sixth Amendment to the Constitution
of the United States, which shall include--
``(A) public dissemination of practices, structures, or
models for the administration of justice consistent with the
requirements of the Sixth Amendment; and
``(B) assistance with adopting and implementing a system
for the administration of justice consistent with the
requirements of the Sixth Amendment.
``(3) Authorization of appropriations.--For each of fiscal
years 2017 through 2021, of the amounts appropriated to carry out
this subpart, not less than $5,000,000 and not more than
$10,000,000 shall be used to carry out this subsection.''.
(c) Applicability.--The requirement to submit a strategic plan
under section 501(a)(6) of title I of the Omnibus Crime Control and
Safe Streets Act of 1968, as added by subsection (b), shall apply to
any application submitted under such section 501 for a grant for any
fiscal year beginning after the date that is 1 year after the date of
enactment of this Act.

90d34dea63d83126d4fc4986cc27c7f46f93806ce38cf9a288d96b74c6042c5a

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

8cf2dc6c53dfb96a67c82b47cdfcd65b942514d3098ba626e8b58d30070e3fe7

(a) Study and Report.--Not later than October 1, 2018, the Attorney
General shall conduct a study and submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives on the status and needs of the forensic
science community.
(b) Requirements.--The report required under subsection (a) shall--
(1) examine the status of current workload, backlog, personnel,
equipment, and equipment needs of public crime laboratories and
medical examiner and coroner offices;
(2) include an overview of academic forensic science resources
and needs, from a broad forensic science perspective, including
nontraditional crime laboratory disciplines such as forensic
anthropology, forensic entomology, and others as determined
appropriate by the Attorney General;
(3) consider--
(A) the National Institute of Justice study, Forensic
Sciences: Review of Status and Needs, published in 1999;
(B) the Bureau of Justice Statistics census reports on
Publicly Funded Forensic Crime Laboratories, published in 2002,
2005, 2009, and 2014;
(C) the National Academy of Sciences report, Strengthening
Forensic Science: A Path Forward, published in 2009; and
(D) the Bureau of Justice Statistics survey of forensic
providers recommended by the National Commission of Forensic
Science and approved by the Attorney General on September 8,
2014;
(4) provide Congress with a comprehensive view of the
infrastructure, equipment, and personnel needs of the broad
forensic science community; and
(5) be made available to the public.

764f253fbec3ed0d76eb32e5c3f7052fac77efa538bf1571218e67d00207aa92

(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).

e7e551c7da7ee70c6935ec398c3720eef2ebcc6ff126cb492393331ac78834f1

Section 3612 of title 18, United States Code, is amended by adding
at the end the following:
``(j) Evaluation of Offices of the United States Attorney and
Department Components.--
``(1) In general.--The Attorney General shall, as part of the
regular evaluation process, evaluate each office of the United
States attorney and each component of the Department of Justice on
the performance of the office or the component, as the case may be,
in seeking and recovering restitution for victims under each
provision of this title and the Controlled Substances Act (21
U.S.C. 801 et seq.) that authorizes restitution.
``(2) Requirement.--Following an evaluation under paragraph
(1), each office of the United States attorney and each component
of the Department of Justice shall work to improve the practices of
the office or component, as the case may be, with respect to
seeking and recovering restitution for victims under each provision
of this title and the Controlled Substances Act (21 U.S.C. 801 et
seq.) that authorizes restitution.
``(k) GAO Reports.--
``(1) Report.--Not later than 1 year after the date of
enactment of this subsection, the Comptroller General of the United
States shall prepare and submit to the Committee on the Judiciary
of the House of Representatives and the Committee on the Judiciary
of the Senate a report on restitution sought by the Attorney
General under each provision of this title and the Controlled
Substances Act (21 U.S.C. 801 et seq.) that authorizes restitution
during the 3-year period preceding the report.
``(2) Contents.--The report required under paragraph (1) shall
include statistically valid estimates of--
``(A) the number of cases in which a defendant was
convicted and the Attorney General could seek restitution under
this title or the Controlled Substances Act (21 U.S.C. 801 et
seq.);
``(B) the number of cases in which the Attorney General
sought restitution;
``(C) of the cases in which the Attorney General sought
restitution, the number of times restitution was ordered by the
district courts of the United States;
``(D) the amount of restitution ordered by the district
courts of the United States;
``(E) the amount of restitution collected pursuant to the
restitution orders described in subparagraph (D);
``(F) the percentage of restitution orders for which the
full amount of restitution has not been collected; and
``(G) any other measurement the Comptroller General
determines would assist in evaluating how to improve the
restitution process in Federal criminal cases.
``(3) Recommendations.--The report required under paragraph (1)
shall include recommendations on the best practices for--
``(A) requesting restitution in cases in which restitution
may be sought under each provision of this title and the
Controlled Substances Act (21 U.S.C. 801 et seq.) that
authorizes restitution;
``(B) obtaining restitution orders from the district courts
of the United States; and
``(C) collecting restitution ordered by the district courts
of the United States.
``(4) Report.--Not later than 3 years after the date on which
the report required under paragraph (1) is submitted, the
Comptroller General of the United States shall prepare and submit
to the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report on the
implementation by the Attorney General of the best practices
recommended under paragraph (3).''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

d58998606110cfb19e3ffcbbc2f30943b57eead19c370f00f9c89a1251053594

Justice for All Reauthorization Act of 2016 — S. 2577

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