S. 822 — Reported in Senate

II Calendar No. 241 113th CONGRESS 1st Session S. 822 IN THE SENATE OF THE UNITED STATES April 25, 2013Mr. Leahy (for himself, Mr. Cornyn, Mr. Coons, Mr. Udall of New Mexico, Mr. McConnell, Ms. Klobuchar, Mr. Franken, Mr. Portman, Mrs. Feinstein, Mr. Hatch, Mr. Schumer, and Ms. Landrieu) introduced the following bill; which was read twice and referred to the Committee on the Judiciary November 7, 2013Reported by Mr. Leahy, with amendmentsOmit the part struck through and insert the part printed in italic A BILL To protect crime victims’ rights, to eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel in State capital cases, and for other purposes. 1. Short title This Act may be cited as the Justice for All Reauthorization Act of 2013. 2. Crime victims' rights (a) In general Section 3771 of title 18, United States Code, is amended— (1) in subsection (a), by adding at the end the following: (9) The right to be informed in a timely manner of any plea bargain or deferred prosecution agreement. (9)(10) The right to be informed of the rights under this section and the services described in section 503(c) of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) and provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice. ; (2) in subsection (d)(3), in the fifth sentence, by inserting , unless the litigants, with the approval of the court, have stipulated to a different time period for consideration before the period; and (3) in subsection (e)— (A) by striking this chapter, the term and inserting the following: “this chapter: (1) Court of appeals The term court of appeals means— (A) the United States court of appeals for the judicial district in which a defendant is being prosecuted; or (B) for a prosecution in the Superior Court of the District of Columbia, the District of Columbia Court of Appeals. (2) Crime victim (A) In general The term ; (B) by striking In the case and inserting the following: (B) Minors and certain other victims In the case ; and (C) by adding at the end the following: (3) District court; court The terms district court and court include the Superior Court of the District of Columbia. . (b) Crime victims fund Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3) is amended— (1) by inserting (A) before Of the sums; and (2) by adding at the end the following: (B) Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in subparagraph (A). . (b) Crime victims fund Section 1402(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)) is amended— (1) by inserting (A) before Of the sums; and (2) by striking available for the United States Attorneys Offices and all that follows and inserting the following: ‘‘available only for— (i) the United States Attorneys Offices and the Federal Bureau of Investigation to provide and improve services for the benefit of crime victims in the Federal criminal justice system (as described in 3771 of title 18, United States Code, and section 503 of the Victims’ Rights and Restitution Act of 1990 (42 U.S.C. 10607)) through victim coordinators, victims' specialists, and advocates, including for the administrative support of victim coordinators and advocates providing such services; and (ii) a Victim Notification System. (B) Amounts made available under subparagraph (A) may not be used for any purpose that is not specified in clause (i) or (ii) of subparagraph (A). . (c) Appellate review of petitions relating to crime victims' rights (1) In general Section 3771(d)(3) of title 18, United States Code, as amended by subsection (a)(2) of this section, is amended by inserting after the fifth sentence the following: In deciding such application, the court of appeals shall apply ordinary standards of appellate review.. (2) Application The amendment made by paragraph (1) shall apply with respect to any petition for a writ of mandamus filed under section 3771(d)(3) of title 18, United States Code, that is pending on the date of enactment of this Act. 3. Authorization of appropriations for grants for crime victims (a) Crime victims legal assistance grants Section 103(b) of the Justice for All Act of 2004 (Public Law 108–405; 118 Stat. 2264) is amended— (1) in paragraph (1), by striking $2,000,000 and all that follows through 2009 and inserting $5,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018; (2) in paragraph (2), by striking $2,000,000 and all that follows through 2009, and inserting $5,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018; (3) in paragraph (3), by striking $300,000 and all that follows through 2009, and inserting $500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018; (4) in paragraph (4), by striking $7,000,000 and all that follows through 2009, and inserting $11,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018; and (5) in paragraph (5), by striking $5,000,000 and all that follows through 2009, and inserting $7,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018. (b) Crime victims notification grants Section 1404E(c) of the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is amended by striking this section— and all that follows and inserting this section $5,000,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018.. 4. Debbie Smith DNA Backlog Grant Program Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended by striking fiscal years 2009 through 2014 and inserting fiscal years 2014 through 2018. 5. Rape exam payments Section 2010(d)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4(d)(2)) is amended by striking enactment of this Act and inserting enactment of the Violence Against Women Reauthorization Act of 2013. 6. Additional reauthorizations (a) DNA training and education for law enforcement Section 303(b) of the Justice for All Act of 2004 (42 U.S.C. 14136(b)) is amended by striking $12,500,000 for each of fiscal years 2009 through 2014 and inserting $5,000,000 for each of fiscal years 2014 through 2018. (b) Sexual assault forensic exam program grants Section 304(c) of the Justice for All Act of 2004 (42 U.S.C. 14136a(c)) is amended by striking $30,000,000 for each of 2014 through 2018 and inserting $15,000,000 for each of fiscal years 2014 through 2018. (c) 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 2014 through 2018. (d) 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 $10,000,000 for each of fiscal years 2014 through 2018. (e) 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 2014 through 2018. 7. Paul Coverdell Forensic Sciences Improvement Grants Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended— (1) in subparagraph (H), by striking and at the end; (2) in subparagraph (I), by striking the period at the end and inserting ; and; and (3) by adding at the end the following: (J) $25,000,000 for each of fiscal years 2014 through 2018. . 8. Improving the quality of representation in State capital cases Section 426 of the Justice for All Act of 2004 (42 U.S.C. 14163e) is amended— (1) in subsection (a), by striking $75,000,000 for each of fiscal years 2005 through 2009 and inserting $30,000,000 for each of fiscal years 2014 through 2018; 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. 9. Post-conviction DNA testing (a) In general Section 3600 of title 18, United States Code, is amended— (1) 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; and (2) in subsection (g)(2)(B), by striking death. (b) Preservation of biological evidence Section 3600A(c) of title 18, United States Code, is amended— (1) by striking paragraph (2); and (2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. 10. Incentive grants to States to ensure consideration of claims of actual innocence (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 2014 through 2018; 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 convicted after trial and under a sentence of 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 perpetrator of the offense, 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, non-negligent 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 2014 through 2018. 11. 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: 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 biological 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. . 12. Effective administration of criminal justice (a) Short title This section may be cited as the Effective Administration of Criminal Justice Act of 2013. (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 State-wide 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 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; and (D) be updated every 5 years, with annual progress reports that— (i) address changing circumstances in the State, if any; (ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); (iii) provide an ongoing assessment of need; (iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and (v) reflect how the plan influenced funding decisions in the previous year. (b) Technical assistance (1) Strategic planning Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). (2) Protection of constitutional rights Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— (A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and (B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. (3) Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018 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. 13. Oversight and accountability All grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following: (1) Audit requirement Beginning in fiscal year 2014, 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. November 7, 2013Reported with amendments