#aadth ,,congress #b;d ,session ,in the ,house of ,representatives1 ,u4 ,s41 ,november #bi1 #bjaf ,,amendment3 ,that the bill from the ,senate 7,s4 #begg7 entitled #8#8,an ,act to protect crime victims' rights1 to eliminate the substantial backlog of ,,dna and other forensic evidence samples to improve and expand the forensic science testing capacity of ,federal1 ,state1 and local crime laboratories1 to increase research and development of new testing technologies1 to develop new training programs regarding the collection and use of forensic evidence1 to provide post-conviction testing of ,,dna evidence to exonerate the innocent1 to support accreditation efforts of forensic science laboratories and medical examiner offices1 to address training and equipment needs1 to improve the performance of counsel in ,state capital cases1 and for other purposes4''1 do pass with the following ,strike out all after the enacting clause and insert3 #a4 ,short title ,this ,act may be cited as the ,justice for ,all ,reauthorization ,act of #bjaf4 #b4 ,crime victims' rights 7a7 ,restitution during supervised release ,section #cehc7;d7 of title #ah1 ,united ,states ,code1 is amended in the first sentence by inserting 1 that the defendant make restitution in accordance with sections #cffc and #cffc;,a1 or any other statute authorizing a sentence of restitution1 after supervision4 7b7 ,collection of restitution from defendant's estate ,section #cfac7;b7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 ,the liability to pay restitution shall terminate on the date that is the later of #bj years from the entry of judgment or #bj years after the release from imprisonment of the person ordered to pay restitution4 ,in the event of the death of the person ordered to pay restitution1 the individual's estate will be held responsible for any unpaid balance of the restitution amount1 and the lien provided in subsection 7c7 of this section shall continue until the estate receives a written release of that liability44 7c7 ,victim interpreters ,rule #bh of the ,federal ,rules of ,criminal ,procedure is amended in the first sentence by inserting before the period at the end the following3 1 including an interpreter for the victim4 7d7 ,,gao study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct a study to determine whether enhancing the restitution provisions under sections #cffc and #cffc;,a of title #ah1 ,united ,states ,code1 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 changes2 and 7,b7 submit to ,congress a report on the study conducted under subparagraph 7,a74 7#b7 ,contents ,in conducting the study under paragraph 7#a71 the ,comptroller ,general shall focus on the benefits to crime victims that would result if the restitution provisions under sections #cffc and #cffc;,a of title #ah1 ,united ,states ,code1 were expanded-- 7,a7 to apply to victims who have suffered harm1 injury1 or loss that would not have occurred but for the defendant's related conduct2 7,b7 in the case of an offense resulting in bodily injury resulting in the victim's death1 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 death2 7,c7 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 offense2 and 7,d7 to require that the defendant compensate the victim for any injury1 harm1 or loss1 including emotional distress1 that occurred as a result of the offense4 #c4 ,reducing the rape kit backlog 7a7 ,in general ,of the amounts made available to the ,attorney ,general for a ,,dna ,analysis and capacity enhancement program and for other local1 ,state1 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 #bjah1 #bjai1 #bjbj1 and #bjba-- 7#a7 not less than #ge percent of such amounts shall be provided for grants for activities described under paragraphs 7#a71 7#b71 and 7#c7 of section #b7;a7 of the ,,dna ,analysis ,backlog ,elimination ,act of #bjjj 7#db ,u4,s4,c4 #adace7;a772 and 7#b7 not less than #e percent of such amounts shall be provided for grants for law enforcement agencies to conduct audits of their backlogged rape kits under section #b7;a77#g7 of the ,,dna ,analysis ,backlog ,elimination ,act of #bjjj 7#db ,u4,s4,c4 #adace7;a77#g77 to create and operate associated tracking systems and to prioritize testing in those cases in which the statute of limitation will soon expire4 7b7 ,reporting 7#a7 ,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 local1 ,state1 and ,federal forensic activities under the heading ,state and local law enforcement under the heading ,office of ,justice ,programs under the heading ,department of ,justice1 the ,attorney ,general shall require recipients of the amounts to report on the effectiveness of the activities carried out using the amounts1 including any information the ,attorney ,general needs in order to submit the report required under paragraph 7#b74 7#b7 ,report to congress ,not later than #a month after the last day of each even-numbered fiscal year1 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 includes1 for each recipient of amounts described in paragraph 7#a7-- 7,a7 the amounts distributed to the recipient2 7,b7 a summary of the purposes for which the amounts were used and an evaluation of the progress of the recipient in achieving those purposes2 7,c7 a statistical summary of the crime scene samples and arrestee or offender samples submitted to laboratories1 the average time between the submission of a sample to a laboratory and the testing of the sample1 and the percentage of the amounts that were paid to private laboratories2 and 7,d7 an evaluation of the effectiveness of the grant amounts in increasing capacity and reducing backlogs4 #d4 ,sexual assault nurse examiners ,section #cjd of the ,,dna ,sexual ,assault ,justice ,act of #bjjd 7#db ,u4,s4,c4 #adacf;a7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,preference 7#a7 ,in general ,in reviewing applications submitted in accordance with a program authorized1 in whole or in part1 by this section1 the ,attorney ,general shall give preference to any eligible entity that certifies that the entity will use the grant funds to-- 7,a7 improve forensic nurse examiner programs in a rural area or for an underserved population1 as those terms are defined in section #djjb of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #acibe72 7,b7 engage in activities that will assist in the employment of full-time forensic nurse examiners to conduct activities under subsection 7a72 or 7,c7 sustain or establish a training program for forensic nurse examiners4 7#b7 ,directive to the attorney general ,not later than the beginning of fiscal year #bjah1 the ,attorney ,general shall coordinate with the ,secretary of ,health and ,human ,services to inform ,federally ,qualified ,health ,centers1 ,community ,health ,centers1 hospitals1 colleges and universities1 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 assault1 domestic violence1 and elder abuse4 ,the ,attorney ,general shall collaborate on this effort with nongovernmental organizations representing forensic nurses4 4 #e4 ,protecting the ,violence ,against ,women ,act ,section #h7;e77#a77;,a7 of the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefjg7;e77#a77;,a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 in clause 7ii71 by striking the period and inserting 2 and2 and 7#c7 by inserting at the end the following3 7iii7 the program is not administered by the ,office on ,violence ,against ,women of the ,department of ,justice4 4 #f4 ,clarification of ,violence ,against ,women ,act housing protections ,section #dadaa7;b77#c77;,b77ii7 of the ,violence ,against ,women ,act of #aiid 7#db ,u4,s4,c4 #adjdc;e-#aa7;b77#c77;,b77ii77 is amended-- 7#a7 in the first sentence1 by inserting or resident after any remaining tenant2 and 7#b7 in the second sentence1 by inserting or resident after tenant each place it appears4 #g4 ,strengthening the ,prison ,rape ,elimination ,act ,the ,prison ,rape ,elimination ,act of #bjjc 7#db ,u4,s4,c4 #aefja et seq47 is amended-- 7#a7 in section #f7;d77#b7 7#db ,u4,s4,c4 #aefje7;d77#b771 by striking subparagraph 7,a7 and inserting the following3 7,a7 7i7 include the certification of the chief executive that the ,state receiving such grant has adopted all national prison rape standards that1 as of the date on which the application was submitted1 have been promulgated under this ,act2 or 7ii7 demonstrate to the ,attorney ,general1 in such manner as the ,attorney ,general shall require1 that the ,state receiving such grant is actively working to adopt and achieve full compliance with the national prison rape standards described in clause 7i72 2 and 7#b7 in section #h7;e7 7#db ,u4,s4,c4 #aefjg7;e77-- 7,a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,adoption of national standards 7,a7 ,in general ,for each fiscal year1 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 #e percent1 unless the chief executive officer of the ,state submits to the ,attorney ,general proof of compliance with this ,act through-- 7i7 a certification that the ,state has adopted1 and is in full compliance with1 the national standards described in subsection 7a72 or 7ii7 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 7i7 may be submitted in future years1 which includes-- 7,i7 a commitment that not less than #e percent of such amount shall be used for this purpose2 or 7,,ii7 a request that the ,attorney ,general hold #e percent of such amount in abeyance pursuant to the requirements of subparagraph 7,e74 7,b7 ,rules for certification 7i7 ,in general ,a chief executive officer of a ,state who submits a certification under this paragraph shall also provide the ,attorney ,general with-- 7,i7 a list of the prisons under the operational control of the executive branch of the ,state2 7,,ii7 a list of the prisons listed under subclause 7,i7 that were audited during the most recently concluded audit year2 7,,iii7 all final audit reports for prisons listed under subclause 7,i7 that were completed during the most recently concluded audit year2 and 7,,iv7 a proposed schedule for completing an audit of all the prisons listed under subclause 7,i7 during the following #c audit years4 7ii7 ,audit appeal exception ,beginning on the date that is #c years after the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 a chief executive officer of a ,state may submit a certification that the ,state is in full compliance pursuant to subparagraph 7,a77i7 even if a prison under the operational control of the executive branch of the ,state has an audit appeal pending4 7,c7 ,rules for assurances 7i7 ,in general ,a chief executive officer of a ,state who submits an assurance under subparagraph 7,a77ii7 shall also provide the ,attorney ,general with-- 7,i7 a list of the prisons under the operational control of the executive branch of the ,state2 7,,ii7 a list of the prisons listed under subclause 7,i7 that were audited during the most recently concluded audit year2 7,,iii7 an explanation of any barriers the ,state faces to completing required audits2 7,,iv7 all final audit reports for prisons listed under subclause 7,i7 that were completed during the most recently concluded audit year2 7,v7 a proposed schedule for completing an audit of all prisons under the operational control of the executive branch of the ,state during the following #c audit years2 and 7,,vi7 an explanation of the ,state's current degree of implementation of the national standards4 7ii7 ,additional requirement ,a chief executive officer of a ,state who submits an assurance under subparagraph 7,a77ii77,i7 shall1 before receiving the applicable funds described in subparagraph 7,a77ii77,i71 also provide the ,attorney ,general with a proposed plan for the expenditure of the funds during the applicable grant period4 7iii7 ,accounting of funds ,a chief executive officer of a ,state who submits an assurance under subparagraph 7,a77ii77,i7 shall1 in a manner consistent with the applicable grant reporting requirements1 submit to the ,attorney ,general a detailed accounting of how the funds described in subparagraph 7,a7 were used4 7,d7 ,sunset of assurance option 7i7 ,in general ,on the date that is #c years after the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 subclause 7,,ii7 of subparagraph 7,a77ii7 shall cease to have effect4 7ii7 ,additional sunset ,on the date that is #f years after the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 clause 7ii7 of subparagraph 7,a7 shall cease to have effect4 7iii7 ,emergency assurances 7,i7 ,request ,notwithstanding clause 7ii71 during the #b-year period beginning #f years after the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 a chief executive officer of a ,state who certifies that the ,state has audited not less than #ij 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 7,a77ii7 as in effect on the day before the date on which that subparagraph ceased to have effect under clause 7ii7 of this subparagraph4 7,,ii7 ,grant of request ,the ,attorney ,general shall grant a request submitted under subclause 7,i7 within #fj days upon a showing of good cause4 7,e7 ,disposition of funds held in abeyance 7i7 ,in general ,if the chief executive officer of a ,state who has submitted an assurance under subparagraph 7,a77ii77,,ii7 subsequently submits a certification under subparagraph 7,a77i7 during the #c-year period beginning on the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 the ,attorney ,general will release all funds held in abeyance under subparagraph 7,a77ii77,,ii7 to be used by the ,state in accordance with the conditions of the grant program for which the funds were provided4 7ii7 ,release of funds ,if the chief executive officer of a ,state who has submitted an assurance under subparagraph 7,a77ii77,,ii7 is unable to submit a certification during the #c-year period beginning on the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 but does assure the ,attorney ,general that #b_/c of prisons under the operational control of the executive branch of the ,state have been audited at least once1 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 standards1 if the ,state agrees to comply with the applicable requirements in clauses 7ii7 and 7iii7 of subparagraph 7,c74 7iii7 ,redistribution of funds ,if the chief executive officer of a ,state who has submitted an assurance under subparagraph 7,a77ii77,,ii7 is unable to submit a certification during the #c-year period beginning on the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf and does not assure the ,attorney ,general that #b_/c of prisons under the operational control of the executive branch of the ,state have been audited at least once1 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 provided4 7,f7 ,publication of audit results ,not later than #a year after the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 the ,attorney ,general shall request from each ,state1 and make available on an appropriate ,internet website1 all final audit reports completed to date for prisons under the operational control of the executive branch of each ,state4 ,the ,attorney ,general shall update such website annually with reports received from ,states under subparagraphs 7,b77i7 and 7,c77i74 7,g7 ,report on implementation of national standards ,not later than #b years after the date of enactment of the ,justice for ,all ,reauthorization ,act of #bjaf1 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 ,department1 in conjunction with the ,states and other key stakeholders1 is taking to address any unresolved implementation issues4 2 and 7,b7 by adding at the end the following3 7#h7 ,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 7a7 shall1 upon request1 submit fingerprints in the manner determined by the ,attorney ,general for criminal history record checks of the applicable ,state and ,federal ,bureau of ,investigation repositories4 4 #h4 ,additional reauthorizations 7a7 ,,dna research and development ,section #cje7;c7 of the ,justice for ,all ,act of #bjjd 7#db ,u4,s4,c4 #adacf;b7c77 is amended by striking #ae1jjj1jjj for each of fiscal years #bjje through #bjji and inserting #e1jjj1jjj for each of fiscal years #bjag through #bjba4 7b7 ,,fbi ,,dna programs ,section #cjg7;a7 of the ,justice for ,all ,act of #bjjd 7,public ,law #ajh-dje2 #aah ,stat4 #bbge7 is amended by striking #db1ajj1jjj for each of fiscal years #bjje through #bjji and inserting #g1djj1jjj for fiscal year #bjag and #aj1jjj1jjj for each of fiscal years #bjah through #bjba4 7c7 ,,dna identification of missing persons ,section #cjh7;c7 of the ,justice for ,all ,act of #bjjd 7#db ,u4,s4,c4 #adacf;d7c77 is amended by striking fiscal years #bjje through #bjji and inserting fiscal years #bjag through #bjba4 #i4 ,paul ,coverdell ,forensic ,sciences ,improvement ,grants 7a7 ,grants ,part ,,bb of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;j7 is amended-- 7#a7 in section #bhjb7b7 7#db ,u4,s4,c4 #cgigk7#b771 by inserting after bodies the following3 and1 except with regard to any medical examiner's office1 or coroner's office in the ,state1 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 arrangement1 or attests1 in a manner that is legally binding and enforceable1 to use a portion of the grant amount to prepare and apply for such accreditation not more than #b years after the date on which a grant is awarded under section #bhja2 7#b7 in section #bhjc7;a7 7#db ,u4,s4,c4 #cgigl7a77-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,seventy-five percent and inserting ,eighty-five percent2 and 7ii7 by striking #ge percent and inserting #he percent2 7,b7 in paragraph 7#b71 by striking ,twenty-five percent and inserting ,fifteen percent2 and 7,c7 in paragraph 7#c71 by striking #j4f percent and inserting #a percent2 7#c7 in section #bhjd7;a7 7#db ,u4,s4,c4 #cgigm7a77-- 7,a7 in paragraph 7#b7-- 7i7 by inserting impression evidence1 after latent prints12 and 7ii7 by inserting digital evidence1 fire evidence1 after toxicology12 7,b7 in paragraph 7#c71 by inserting and medicolegal death investigators after laboratory personnel2 and 7,c7 by inserting at the end the following3 7#d7 ,to address emerging forensic science issues 7such as statistics1 contextual bias1 and uncertainty of measurement7 and emerging forensic science technology 7such as high throughput automation1 statistical software1 and new types of instrumentation74 7#e7 ,to educate and train forensic pathologists4 7#f7 ,to fund medicolegal death investigation systems to facilitate accreditation of medical examiner and coroner offices and certification of medicolegal death investigators4 2 and 7#d7 in section #bhjf7;a7 7#db ,u4,s4,c4 #cgigo7a77-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 the progress of any unaccredited forensic science service provider receiving grant funds toward obtaining accreditation2 and 4 7b7 ,authorization of appropriations ,section #ajja7;a77#bd7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgic7;a77#bd77 is amended-- 7#a7 in subparagraph 7,h71 by striking and at the end2 7#b7 in subparagraph 7,i71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,j7 #ac1ejj1jjj for fiscal year #bjag2 7,k7 #ah1ejj1jjj for fiscal year #bjah2 7,l7 #ai1jjj1jjj for fiscal year #bjai2 7,m7 #ba1jjj1jjj for fiscal year #bjbj2 and 7,n7 #bc1jjj1jjj for fiscal year #bjba4 4 #aj4 ,improving the quality of representation in state capital cases ,section #dbf of the ,justice for ,all ,act of #bjjd 7#db ,u4,s4,c4 #adafc;e7 is amended-- 7#a7 in subsection 7a71 by striking #ge1jjj1jjj for each of fiscal years #bjje through #bjji and inserting3 7#a7 #b1ejj1jjj for fiscal year #bjag2 7#b7 #g1ejj1jjj for fiscal year #bjah2 7#c7 #ab1ejj1jjj for fiscal year #bjai2 7#d7 #ag1ejj1jjj for fiscal year #bjbj2 and 7#e7 #bb1ejj1jjj for fiscal year #bjba4 2 and 7#b7 in subsection 7b71 by inserting before the period at the end the following3 1 or upon a showing of good cause1 and at the discretion of the ,attorney ,general1 the ,state may determine a fair allocation of funds across the uses described in sections #dba and #dbb4 #aa4 ,post-conviction ,,dna testing 7a7 ,in general ,section #cfjj of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by striking under a sentence of in each place it appears and inserting sentenced to2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,b77i71 by striking death2 and 7,b7 in paragraph 7#c77;,a71 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 request2 7#c7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 order the ,government to-- 7i7 prepare an inventory of the evidence related to the case2 and 7ii7 issue a copy of the inventory to the court1 the applicant1 and the ,government4 2 7#d7 in subsection 7e7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,results 7,a7 ,in general ,the results of any ,,dna testing ordered under this section shall be simultaneously disclosed to the court1 the applicant1 and the ,government4 7,b7 ,results exclude applicant 7i7 ,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 7referred to in this subsection as ,,ndis71 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 crime4 7ii7 ,,ndis search ,the results of a search under clause 7i7 shall be simultaneously disclosed to the court1 the applicant1 and the ,government4 2 and 7,b7 in paragraph 7#b71 by striking the ,national ,,dna ,index ,system 7referred to in this subsection as ,,ndis7 and inserting ,,ndis2 and 7#e7 in subsection 7g77#b77;,b71 by striking death4 7b7 ,preservation of biological evidence ,section #cfjj;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking under a sentence of and inserting sentenced to2 and 7#b7 in subsection 7c7-- 7,a7 by striking paragraphs 7#a7 and 7#b72 and 7,b7 by redesignating paragraphs 7#c71 7#d71 and 7#e7 as paragraphs 7#a71 7#b71 and 7#c71 respectively4 #ab4 ,kirk ,bloodsworth post-conviction ,,dna testing program 7a7 ,in general ,section #dac of the ,justice for ,all ,act of #bjjd 7#db ,u4,s4,c4 #adacf note7 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by striking fiscal years #bjje through #bjji and inserting fiscal years #bjag through #bjba2 and 7#b7 by striking paragraph 7#b7 and inserting the following3 7#b7 for eligible entities that are a ,state or unit of local government1 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 grants1 that the ,state or jurisdiction-- 7,a7 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 offense1 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 #cfjj7;a7 of title #ah1 ,united ,states ,code1 had they been ,federal cases and1 if the results of the testing exclude the applicant as the source of the ,,dna1 permits the applicant to apply for post-conviction relief1 notwithstanding any provision of law that would otherwise bar the application as untimely2 and 7,b7 preserves biological evidence1 as defined in section #cfjj;,a of title #ah1 ,united ,states ,code1 under a ,state statute or a ,state or local rule1 regulation1 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 of1 at a minimum1 murder1 nonnegligent manslaughter and sexual offenses4 4 7b7 ,authorization of appropriations ,section #dab7;b7 of the ,justice for ,all ,act of #bjjd 7#db ,u4,s4,c4 #adacf;e7b77 is amended by striking #e1jjj1jjj for each of fiscal years #bjje through #bjji and inserting #aj1jjj1jjj for each of fiscal years #bjag through #bjba4 #ac4 ,establishment of best practices for evidence retention 7a7 ,in general ,subtitle ,a of title ,,iv of the ,justice for ,all ,act of #bjjd 7,public ,law #ajh-dje2 #aah ,stat4 #bbgh7 is amended by adding at the end the following3 #dad4 ,establishment of best practices for evidence retention 7a7 ,in general ,the ,director of the ,national ,institute of ,justice1 in consultation with ,federal1 ,state1 and local law enforcement agencies and government laboratories1 shall-- 7#a7 establish best practices for evidence retention to focus on the preservation of forensic evidence2 and 7#b7 assist ,state1 local1 and tribal governments in adopting and implementing the best practices established under paragraph 7#a74 7b7 ,deadline ,not later than #a year after the date of enactment of this section1 the ,director of the ,national ,institute of ,justice shall publish the best practices established under subsection 7a77#a74 7c7 ,limitation ,nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection 7a77#a74 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,justice for ,all ,act of #bjjd 7,public ,law #ajh-dje2 #aah ,stat4 #bbfj7 is amended by inserting after the item relating to section #dac the following3 ,sec4 #dad4 ,establishment of best practices for evidence retention4 4 #ad4 ,effective ,administration of ,criminal ,justice 7a7 ,short title ,this section may be cited as the ,effective ,administration of ,criminal ,justice ,act of #bjaf4 7b7 ,strategic planning ,section #ejb of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgeb7 is amended-- 7#a7 by inserting 7a7 ,in ,general4-- before ,to request a grant2 and 7#b7 by adding at the end the following3 7#f7 ,a comprehensive ,statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system1 which shall-- 7,a7 be designed in consultation with local governments1 and representatives of all segments of the criminal justice system1 including judges1 prosecutors1 law enforcement personnel1 corrections personnel1 and providers of indigent defense services1 victim services1 juvenile justice delinquency prevention programs1 community corrections1 and reentry services2 7,b7 include a description of how the ,state will allocate funding within and among each of the uses described in subparagraphs 7,a7 through 7,g7 of section #eja7;a77#a72 7,c7 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 decisions2 7,d7 describe the barriers at the ,state and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism2 and 7,e7 be updated every #e years1 with annual progress reports that-- 7i7 address changing circumstances in the ,state1 if any2 7ii7 describe how the ,state plans to adjust funding within and among each of the uses described in subparagraphs 7,a7 through 7,g7 of section #eja7;a77#a72 7iii7 provide an ongoing assessment of need2 7iv7 discuss the accomplishment of goals identified in any plan previously prepared under this paragraph2 and 7v7 reflect how the plan influenced funding decisions in the previous year4 7b7 ,technical assistance 7#a7 ,strategic planning ,not later than #ij days after the date of enactment of this subsection1 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 7a77#f74 ,the ,attorney ,general may enter into agreements with #a or more non-governmental organizations to provide technical assistance and training under this paragraph4 7#b7 ,protection of constitutional rights ,not later than #ij days after the date of enactment of this subsection1 the ,attorney ,general shall begin to provide technical assistance to ,states and local governments1 including any agent thereof with responsibility for administration of justice1 requesting support to meet the obligations established by the ,sixth ,amendment to the ,constitution of the ,united ,states1 which shall include-- 7,a7 public dissemination of practices1 structures1 or models for the administration of justice consistent with the requirements of the ,sixth ,amendment2 and 7,b7 assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the ,sixth ,amendment4 7#c7 ,authorization of appropriations ,for each of fiscal years #bjag through #bjba1 of the amounts appropriated to carry out this subpart1 not less than #e1jjj1jjj and not more than #aj1jjj1jjj shall be used to carry out this subsection4 4 7c7 ,applicability ,the requirement to submit a strategic plan under section #eja7;a77#f7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by subsection 7b71 shall apply to any application submitted under such section #eja for a grant for any fiscal year beginning after the date that is #a year after the date of enactment of this ,act4 #ae4 ,oversight and accountability ,all grants awarded by the ,department of ,justice that are authorized under this ,act shall be subject to the following3 7#a7 ,audit requirement ,beginning in fiscal year #bjaf1 and each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of recipients of grants under this ,act to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7#b7 ,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 #b fiscal years beginning after the #ab-month period described in paragraph 7#e74 7#c7 ,priority ,in awarding grants under this ,act1 the ,attorney ,general shall give priority to eligible entities that1 during the #c fiscal years before submitting an application for a grant under this ,act1 did not have an unresolved audit finding showing a violation in the terms or conditions of a ,department of ,justice grant program4 7#d7 ,reimbursement ,if an entity is awarded grant funds under this ,act during the #b-;fiscal-year period in which the entity is barred from receiving grants under paragraph 7#b71 the ,attorney ,general shall-- 7,a7 deposit an amount equal to the grant funds that were improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7,b7 seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds4 7#e7 ,defined term ,in this section1 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 #ab-month period beginning on the date when the final audit report is issued4 7#f7 ,nonprofit organization requirements 7,a7 ,definition ,for purposes of this section and the grant programs described in this ,act1 the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7,b7 ,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 #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,c7 ,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 officers1 directors1 trustees and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subsection available for public inspection4 7#g7 ,administrative expenses ,unless otherwise explicitly provided in authorizing legislation1 not more than #g4e 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 ,justice4 7#h7 ,conference expenditures 7,a7 ,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 ,act1 to host or support any expenditure for conferences that uses more than #bj1jjj in ,department funds1 unless the ,deputy ,attorney ,general or the appropriate ,assistant ,attorney ,general1 ,director1 or principal deputy as the ,deputy ,attorney ,general may designate1 provides prior written authorization that the funds may be expended to host a conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food and beverages1 audio_/visual equipment1 honoraria for speakers1 and any entertainment4 7,c7 ,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 paragraph4 7#i7 ,prohibition on lobbying activity 7,a7 ,in general ,amounts authorized to be appropriated under this ,act may not be utilized by any grant recipient to-- 7i7 lobby any representative of the ,department of ,justice regarding the award of grant funding2 or 7ii7 lobby any representative of a ,federal1 ,state1 local1 or tribal government regarding the award of grant funding4 7,b7 ,penalty ,if the ,attorney ,general determines that any recipient of a grant under this ,act has violated subparagraph 7,a71 the ,attorney ,general shall-- 7i7 require the grant recipient to repay the grant in full2 and 7ii7 prohibit the grant recipient from receiving another grant under this ,act for not less than #e years4 7#aj7 ,preventing duplicative grants 7,a7 ,in general ,before the ,attorney ,general awards a grant to an applicant under this ,act1 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 purpose4 7,b7 ,report ,if the ,attorney ,general awards duplicate grants to the same applicant for the same purpose1 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-- 7i7 a list of all duplicate grants awarded1 including the total dollar amount of any duplicate grants awarded2 and 7ii7 the reason the ,attorney ,general awarded the duplicate grants4 #af4 ,needs assessment of forensic laboratories 7a7 ,study and report ,not later than ,october #a1 #bjah1 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 community4 7b7 ,requirements ,the report required under subsection 7a7 shall-- 7#a7 examine the status of current workload1 backlog1 personnel1 equipment1 and equipment needs of public crime laboratories and medical examiner and coroner offices2 7#b7 include an overview of academic forensic science resources and needs1 from a broad forensic science perspective1 including nontraditional crime laboratory disciplines such as forensic anthropology1 forensic entomology1 and others as determined appropriate by the ,attorney ,general2 7#c7 consider-- 7,a7 the ,national ,institute of ,justice study1 ,forensic ,sciences3 ,review of ,status and ,needs1 published in #aiii2 7,b7 the ,bureau of ,justice ,statistics census reports on ,publicly ,funded ,forensic ,crime ,laboratories1 published in #bjjb1 #bjje1 #bjji1 and #bjad2 7,c7 the ,national ,academy of ,sciences report1 ,strengthening ,forensic ,science3 ,a ,path ,forward1 published in #bjji2 and 7,d7 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 #h1 #bjad2 7#d7 provide ,congress with a comprehensive view of the infrastructure1 equipment1 and personnel needs of the broad forensic science community2 and 7#e7 be made available to the public4 #ag4 ,crime victim assistance 7a7 ,amendment ,section #adjd7;c77#a77;,a7 of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfjc7;c77#a77;,a77 is amended by inserting victim services1 before demonstration projects4 7b7 ,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 #bg1 #bjac 7#gh ,fed4 ,reg4 #ebhgg71 is consistent with section #adjd of the ,victims of ,crime ,act of #aihd 7#db ,u4,s4,c4 #ajfjc74 #ah4 ,improving the restitution process ,section #cfab of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,evaluation of offices of the united states attorney and department components 7#a7 ,in general ,the ,attorney ,general shall1 as part of the regular evaluation process1 evaluate each office of the ,united ,states attorney and each component of the ,department of ,justice on the performance of the office or the component1 as the case may be1 in seeking and recovering restitution for victims under each provision of this title and the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 that authorizes restitution4 7#b7 ,requirement ,following an evaluation under paragraph 7#a71 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 component1 as the case may be1 with respect to seeking and recovering restitution for victims under each provision of this title and the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 that authorizes restitution4 7k7 ,,gao reports 7#a7 ,report ,not later than #a year after the date of enactment of this subsection1 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 7#ba ,u4,s4,c4 #hja et seq47 that authorizes restitution during the #c-year period preceding the report4 7#b7 ,contents ,the report required under paragraph 7#a7 shall include statistically valid estimates of-- 7,a7 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 7#ba ,u4,s4,c4 #hja et seq472 7,b7 the number of cases in which the ,attorney ,general sought restitution2 7,c7 of the cases in which the ,attorney ,general sought restitution1 the number of times restitution was ordered by the district courts of the ,united ,states2 7,d7 the amount of restitution ordered by the district courts of the ,united ,states2 7,e7 the amount of restitution collected pursuant to the restitution orders described in subparagraph 7,d72 7,f7 the percentage of restitution orders for which the full amount of restitution has not been collected2 and 7,g7 any other measurement the ,comptroller ,general determines would assist in evaluating how to improve the restitution process in ,federal criminal cases4 7#c7 ,recommendations ,the report required under paragraph 7#a7 shall include recommendations on the best practices for-- 7,a7 requesting restitution in cases in which restitution may be sought under each provision of this title and the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq47 that authorizes restitution2 7,b7 obtaining restitution orders from the district courts of the ,united ,states2 and 7,c7 collecting restitution ordered by the district courts of the ,united ,states4 7#d7 ,report ,not later than #c years after the date on which the report required under paragraph 7#a7 is submitted1 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 7#c74 4 ,clerk4