II 

117TH CONGRESS 

2D SESSION S. 5033 

To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant 

Program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2022 

Mr. CORNYN (for himself, Mr. LEAHY, Mr. TILLIS, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To reauthorize the Paul Coverdell Forensic Sciences 

Improvement Grant Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Patrick Leahy and 

5 Orrin G. Hatch Justice For All Act of 2022’’. 

6 SEC. 2. ENDING THE RAPE KIT BACKLOG. 

7 (a) TRACKING KITS.—Section 2(a)(8) of the DNA 

8 Analysis Backlog Elimination Act of 2000 (34 U.S.C. 

9 40701(a)(8)) is amended by striking the period at the end 

10 and inserting ‘‘, including through the implementation, 


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1 improvement, or operation of sexual assault evidence 

2 tracking systems.’’. 

3 (b) PROGRAM GOALS.—Section 2(o)(1) of the DNA 

4 Analysis Backlog Elimination Act of 2000 (34 U.S.C. 

5 40701(o)(1)) is amended— 

6 (1) in the matter preceding subparagraph (A), 

7 by striking ‘‘Not later than 18 months after the date 

8 of enactment of the SAFER Act of 2013’’ and in9 serting ‘‘Not later than 1 year after the date of en10 actment of the Patrick Leahy and Orrin G. Hatch 

11 Justice For All Act of 2022’’; 

12 (2) in subparagraph (D), by striking ‘‘and’’ at 

13 the end; 

14 (3) in subparagraph (E), by striking the period 

15 at the end and inserting ‘‘; and’’; and 

16 (4) by adding at the end the following: 

17 ‘‘(F) a determination of whether elimi18 nating the processing backlog of DNA evidence 

19 in the United States is a goal of the grant pro20 gram established under this section.’’. 

21 (c) FBI REPORT.—Not later than 180 days, the Di22 rector of the Federal Bureau of Investigation shall submit 

23 to Congress a report that describes the plan and the 

24 standards that must be met, as of the date of the submis25 sion of the report, of the Federal Bureau of Investigation 


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1 to evaluate and validate the use of Rapid DNA instru2 ments (as defined in section 3(c) of the DNA Analysis 

3 Backlog Elimination Act of 2000 (34 U.S.C. 40702(c)) 

4 under the Combined DNA Index System of the Federal 

5 Bureau of Investigation. 

6 SEC. 3. REQUIREMENTS FOR CODIS ACCESS. 

7 Section 210304 of the Violent Crime Control and 

8 Law Enforcement Act of 1994 (34 U.S.C. 12592) is 

9 amended by striking subsection (c) and inserting the fol10 lowing: 

11 ‘‘(c) REQUIREMENTS FOR ACCESS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) USE OF DNA PROFILES.—Subject to 

14 subparagraph (B), reference DNA profiles from 

15 victims of sexual assault may only be uploaded 

16 and searched by law enforcement databases 

17 that use software of the Combined DNA Index 

18 System for the purpose of analyzing DNA iden19 tification markers for quality control to detect 

20 sample contamination. 

21 ‘‘(B) PROHIBITION.—The reference DNA 

22 profiles described in subparagraph (A) may not 

23 be uploaded or searched in the National DNA 

24 Index System of the Combined DNA Index Sys25 tem for any purpose. 


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1 ‘‘(2) CANCELLATION OF ACCESS.—Access to the 

2 index described in subsection (a) is subject to can3 cellation if— 

4 ‘‘(A) the quality control and privacy re5 quirements described in subsection (b) are not 

6 met; or 

7 ‘‘(B) a law enforcement agency reports a 

8 non-contamination-related match of a DNA 

9 profile described in paragraph (1)(A) that is 

10 uploaded or searched from the index to a DNA 

11 sample relating to another investigation result12 ing from an elimination database search of 

13 DNA profiles described in paragraph (1)(A) to 

14 an investigator or an officer of a court for the 

15 purpose of a criminal investigation or prosecu16 tion.’’. 

17 SEC. 4. RIGHT OF VICTIMS TO BE HEARD. 

18 (a) CRIME VICTIMS’ RIGHTS.—Section 3771(a)(9) of 

19 title 18, United States Code, is amended by striking ‘‘in20 formed’’ and inserting ‘‘consulted’’. 

21 (b) FEDERAL RULES OF CRIMINAL PROCEDURE.— 

22 Rule 11(c)(2) of the Federal Rules of Criminal Procedure 

23 is amended— 

24 (1) by striking ‘‘The parties’’ and inserting the 

25 following: 


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1 ‘‘(A) The parties’’; and 

2 (2) by adding at the end the following: 

3 ‘‘(B) In the case of a plea agreement for 

4 an offense involving sexual assault (as defined 

5 in section 3772 of title 18, United States 

6 Code), the government shall notify the court if 

7 a victim of the offense objects to the plea agree8 ment.’’. 

9 SEC. 5. VICTIMS’ RIGHTS TO THEIR REPORTS. 

10 Section 3771 of title 18, United States Code, is 

11 amended— 

12 (1) in subsection (a)— 

13 (A) by redesignating paragraph (10) as 

14 paragraph (13); and 

15 (B) by inserting after paragraph (9) the 

16 following: 

17 ‘‘(10) The right to be provided, upon request, 

18 with a copy of the report and evidence on file from 

19 the applicable law enforcement or other investigative 

20 agency after the investigation is closed, whether 

21 closed by arrest or otherwise, except in the case of 

22 information that is required to be withheld or re23 dacted because release of the information would ad24 versely affect an ongoing investigation or harm pub25 lic safety. 


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1 ‘‘(11) A free copy of the police or agency report 

2 shall be provided to the victim or victim’s represent3 ative within a reasonable period of time. 

4 ‘‘(12) The right to be protected from the disclo5 sure of confidential information, including an ad6 dress, Social Security number, medical record num7 ber, driver’s license number, and employment identi8 fication number.’’. 

9 SEC. 6. VICTIMS’ SERVICES IMPROVEMENTS. 

10 Section 503(c) of the Victims’ Rights and Restitution 

11 Act of 1990 (34 U.S.C. 20141(c)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (B), by inserting 

14 ‘‘the’’ before ‘‘manner’’; 

15 (B) in subparagraph (C), by striking 

16 ‘‘and’’ at the end; 

17 (C) in subparagraph (D), by striking the 

18 period at the end and inserting ‘‘; and’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(E) provide a victim with reasonable re21 sources needed to access Federal, State, or local 

22 services and relief described in subparagraphs 

23 (A), (B), and (C).’’; 

24 (2) in paragraph (7)— 

25 (A) in the first sentence— 


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1 (i) by inserting ‘‘or any crime of vio2 lence (as defined in section 16 of title 18, 

3 United States Code)’’ after ‘‘sexual as4 sault’’; and 

5 (ii) by inserting ‘‘or prosecuting agen6 cy’’ after ‘‘investigating officer’’; and 

7 (B) in the second sentence, by striking 

8 ‘‘The Attorney General’’ and inserting ‘‘For in9 vestigations of sexual assault, the Attorney 

10 General’’; and 

11 (3) in paragraph (8), by adding at the end the 

12 following: ‘‘The responsible official shall also assist 

13 the victim in preparing and providing testimony 

14 when appropriate during the corrections process.’’. 

15 SEC. 7. SEXUAL ASSAULT RESPONSE TRAINING FOR LAW 

16 ENFORCEMENT OFFICERS. 

17 Section 303(a) of the DNA Sexual Assault Justice 

18 Act of 2004 (34 U.S.C. 40722(a)) is amended, in the mat19 ter preceding paragraph (1), by inserting ‘‘, and to imple20 ment evidence-based, trauma-informed practices to other21 wise improve the investigation of, and response to, sexual 

22 assault cases’’ after ‘‘DNA evidence’’. 

23 SEC. 8. OFFICE OF INVESTIGATIVE FORENSIC SCIENCES 

24 REALIGNMENT. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) Forensic science is the application of sci2 entific or technical practices to the recognition, col3 lection, analysis, and interpretation of evidence to 

4 establish conclusions or opinions, facts, and findings 

5 that can be used for criminal and civil law or regu6 latory issues. 

7 (2) In particular, forensic science plays a piv8 otal role in exonerating suspects and wrongfully con9 victed individuals, implicating and convicting those 

10 who commit crimes, identifying missing person, 

11 bringing closure and justice to victims of crime and 

12 their families, providing actionable intelligence to 

13 law enforcement agencies to solve and prevent crime 

14 enabling transparent intelligence-led and data-driven 

15 policing, and by providing fact-based evidence for 

16 judges and juries which would otherwise not be 

17 available. 

18 (3) In 2009, the National Academy of Sciences, 

19 National Research Council published a report enti20 tled ‘‘Strengthening Forensic Science in the United 

21 States: A Path Forward,’’ that put forward an agen22 da for advancement in the forensic science commu23 nity and its associated disciplines. 

24 (4) Within the Department of Justice, Office of 

25 Justice Programs there was established the National 


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1 Institute of Justice. The Office of Investigative Fo2 rensic Sciences was created as a component of Na3 tional Institute of Justice to be the lead department 

4 in the Department of Justice for forensic science re5 search and development as well as for the adminis6 tration of programs that facilitate training, improve 

7 laboratory efficiency and reduce backlogs, all in an 

8 effort to strengthen forensic science in the United 

9 States. 

10 (5) The forensic sciences within Federal Gov11 ernment departments and agencies are fragmented, 

12 with many Federal agencies having some level of fo13 rensic science capabilities. There is a need for a cen14 tral entity to provide robust leadership on forensic 

15 science issues within the Department of Justice. The 

16 Office of Investigative Forensic Sciences, currently 

17 as a component of the National Institute of Justice, 

18 does not have the same standing within the Office 

19 of Justice Programs or the Department of Justice 

20 as other equally important bureaus and offices. 

21 (6) The time is right to realign the Office of In22 vestigative Forensic Sciences to the same program 

23 office level as other Office of Justice Programs bu24 reaus and offices with a presidentially appointed di25 rector. 


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1 (b) ESTABLISHMENT OF THE OFFICE OF INVESTIGA2 TIVE FORENSIC SCIENCES.—Part A of title I of the Omni3 bus Crime Control and Safe Streets Act of 1968 (34 

4 U.S.C. 10101 et seq.) is amended by adding at the end 

5 the following: 

6 ‘‘SEC. 110. OFFICE OF INVESTIGATIVE FORENSIC SCIENCES. 

7 ‘‘(a) IN GENERAL.—There is established, within the 

8 Office of Justice Programs, a program Office of Investiga9 tive Forensic Sciences (referred to in this section as the 

10 ‘OIFS’), to be headed by a Director appointed by the 

11 President, who shall report directly to the Office of Assist12 ant Attorney General for the Office of Justice Programs. 

13 ‘‘(b) TRANSFER.—There shall be transferred to the 

14 OIFS the personnel, including contractors and interns, as15 sets, liabilities, contracts, property, records, and unex16 pended balance of appropriations, authorizations, alloca17 tions, and other funds employed, held, used, arising from, 

18 available or to be made available, and the functions, pow19 ers, and duties of the following: 

20 ‘‘(1) Oversight of existing cooperative agree21 ments relating to forensic science administered by 

22 the Department of Justice and determining the pur23 poses and objectives of discretionary grants relating 

24 to forensic science administered by the Department 

25 of Justice, other than a grant awarded under the 


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1 Kirk Bloodsworth Post-Conviction DNA Testing 

2 Grant Program established under section 412 of the 

3 Justice for All Act of 2004 (42 U.S.C. 40727). 

4 ‘‘(2) The Office of Investigative and Forensic 

5 Sciences within the National Institute of Justice. 

6 ‘‘(3) The forensic components of the Drugs and 

7 Crime program in the Office of Research and Eval8 uation within the National Institute of Justice. 

9 ‘‘(4) The digital evidence component of the Of10 fice of Science and Technology within the National 

11 Institute of Justice. 

12 ‘‘(c) AUTHORITY.—The OIFS shall have access to 

13 and authority to search Federal law enforcement data14 bases and shall have assigned to it an Originating Agency 

15 Identification (ORI) Number to facilitate the sharing of 

16 information between the Office and law enforcement agen17 cies. 

18 ‘‘(d) MISSION.—The mission of the OIFS is to 

19 strengthen and promote the use and application of foren20 sic science within the judicial system by supporting foren21 sic science service providers, as they continually improve 

22 the evidence-based, valid, and reliable practice of forensic 

23 science with a focus on quality assurance advancement re24 search and development conducted through— 


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1 ‘‘(1) a fair, competitive, transparent merit re2 view process; 

3 ‘‘(2) testing and evaluation; 

4 ‘‘(3) technology; 

5 ‘‘(4) information exchange; 

6 ‘‘(5) training; 

7 ‘‘(6) capacity building for the forensic infra8 structure; 

9 ‘‘(7) the development of systems to implement 

10 research into practice; and 

11 ‘‘(8) the development of systems to address 

12 quality management and other improvements to ad13 vance justice. 

14 ‘‘(e) OFFICERS AND STAFF.— 

15 ‘‘(1) IN GENERAL.—The OIFS shall include— 

16 ‘‘(A) a Director who shall have, at a min17 imum, a Master of Science degree; and 

18 ‘‘(B) a Deputy Director who shall have, at 

19 a minimum, a Bachelor of Science degree. 

20 ‘‘(2) DETAILEES.—The OIFS may also include 

21 employees of the National Institute of Standards 

22 and Technology, the National Science Foundation, 

23 and Centers for Disease Control and Prevention de24 tailed to the Office of Forensic Science on a reim25 bursable basis. 


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1 ‘‘(f) LIAISON.—If no detailed positions are filled 

2 under subsection (e)(2), the Directors of the National 

3 Science Foundation, the National Institute of Standards 

4 and Technology, and the Centers for Disease Control, 

5 shall each, in consultation with the OIFS, designate a liai6 son at each respective agency to facilitate communication 

7 between the OIFS and the agencies. 

8 ‘‘(g) DUTIES AND AUTHORITY.— 

9 ‘‘(1) IN GENERAL.—The OIFS shall— 

10 ‘‘(A) have the authorities relating to foren11 sic science described in section 202(c); 

12 ‘‘(B) in coordination with the National In13 stitute of Justice, participate in the develop14 ment of any Federal forensic science research 

15 agenda as the lead representatives on behalf of 

16 the Department of Justice, along with other de17 partments and agencies of the Federal Govern18 ment; 

19 ‘‘(C) assume and execute the responsibil20 ities of the offices, programs, and initiatives 

21 transferred under subsection (b), including de22 termining the purposes and objectives of discre23 tionary grants, oversight of cooperative agree24 ments; 


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1 ‘‘(D) assist and support the Forensic Lab2 oratory Needs Technology Working Group, 

3 Medical Legal Death Investigation Working 

4 Group, and Forensic Science Research and De5 velopment Technology Working Group in car6 rying out the respective functions of the work7 ing groups under this title and such other re8 lated functions as are necessary to perform the 

9 functions; and 

10 ‘‘(E) evaluate the recommendations of the 

11 Forensic Laboratory Needs Technology Work12 ing Group, Medical Legal Death Investigation 

13 Working Group, and Forensic Science Research 

14 and Development Technology Working Group 

15 and take actions consistent with the mission of 

16 the OIFS.’’. 

17 (c) DEADLINE.—The transfer required under section 

18 820 of title I of the Omnibus Crime Control and Safe 

19 Streets Act of 1968, as added by subsection (b), shall be 

20 completed on the date that is 180 days after the date of 

21 enactment of this Act. 


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1 SEC. 9. PAUL COVERDELL FORENSIC SCIENCES IMPROVE2 MENT GRANTS. 

3 (a) AMENDMENTS.—Part BB of title I of the Omni4 bus Crime Control and Safe Streets Act of 1968 (34 

5 U.S.C. 10561 et seq.) is amended— 

6 (1) in section 2802 (34 U.S.C. 10562)— 

7 (A) in the matter preceding paragraph (1), 

8 by inserting ‘‘(b) APPLICATIONS.—’’ before ‘‘To 

9 request’’; 

10 (B) by striking paragraphs (1) and (2) and 

11 inserting the following: 

12 ‘‘(1) a certification that the State or unit of 

13 local government has developed a plan for forensic 

14 science service providers and forensic medicine serv15 ice providers under a program described in section 

16 2804, which shall include a specific description of 

17 the manner in which the grant will be used to carry 

18 out the plan; 

19 ‘‘(2)(A) a certification that any forensic science 

20 service provider laboratory system, including any 

21 laboratory operated by a unit of local government 

22 within the State, or forensic medicine service pro23 vider in the State, that will receive any portion of 

24 the grant amount uses generally accepted laboratory 

25 practices and procedures, established by accrediting 

26 organizations or appropriate certifying bodies; 


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1 ‘‘(B) except with regard to any forensic medi2 cine service provider in the State, a certification— 

3 ‘‘(i) that any forensic science service pro4 vider laboratory system, including any forensic 

5 science service provider operated by a unit of 

6 local government within the State, that will re7 ceive any portion of the grant is accredited by 

8 an accrediting body that is a signatory to an 

9 internationally recognized arrangement and 

10 that offers accreditation to forensic science con11 formity assessment bodies using an accredita12 tion standard that is recognized by that inter13 nationally recognized arrangement; or 

14 ‘‘(ii) that the State or unit of local govern15 ment shall use a portion of the grant amount 

16 to prepare and apply for such accreditation as 

17 described in clause (i) not later than 2 years 

18 after the date on which the grant is awarded 

19 under this part; and 

20 ‘‘(C) a certification that— 

21 ‘‘(i) any forensic medicine service provider 

22 in the State that will receive any portion of the 

23 grant amounts is accredited by a accrediting 

24 body that is a signatory to an internationally 

25 recognized arrangement and that offers accrediVerDate Sep 11 2014 03:52 Oct 14, 2022 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S5033.IS S5033

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1 tation to forensic science conformity assessment 

2 bodies using an accreditation standard that is 

3 recognized by that internationally recognized 

4 arrangement, or by an accrediting body that 

5 has developed and implemented programs of ac6 creditation that promote within the office a 

7 quality management system designed to im8 prove and maintain quality assurance, integrity 

9 and the use of generally accepted laboratory 

10 practices and procedures; or 

11 ‘‘(ii) that the State or unit of local govern12 ment shall use a portion of the grant amount 

13 to prepare and apply for accreditation described 

14 in clause (i) not later than 3 years after the 

15 date on which the grant is awarded under this 

16 part;’’; 

17 (C) in paragraph (4)— 

18 (i) by striking ‘‘that a government en19 tity exists and an appropriate process is in 

20 place’’ and inserting ‘‘that a named gov21 ernment entity has an appropriate process 

22 in place’’; and 

23 (ii) by striking ‘‘medical examiner’s 

24 office, coroner’s office’’ and inserting ‘‘fo25 rensic medicine service provider’’; 


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1 (D) by inserting before subsection (b), as 

2 so designated by subparagraph (A), the fol3 lowing: 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) FORENSIC MEDICINE SERVICE PRO6 VIDER.—The term ‘forensic medicine service pro7 vider’ means a State or unit of local government fo8 rensic medicine service provider having not fewer 

9 than 1 part-time or full-time employed forensic pa10 thologist, or forensic pathologist under contract, who 

11 conducts medico-legal death investigations, including 

12 examinations of human remains, and who provides 

13 reports or opinion testimony with respect to such ac14 tivity in courts of law within the United States. 

15 ‘‘(2) FORENSIC SCIENCE SERVICE PROVIDER.— 

16 The term ‘forensic science service provider’ means a 

17 State or unit of local government agency having not 

18 fewer than 1 full-time analyst who examines physical 

19 evidence in criminal or investigative matters and 

20 provides reports or opinion testimony with respect to 

21 such evidence in courts of law in the United 

22 States.’’; and 

23 (E) by adding at the end the following: 

24 ‘‘(c) REQUIREMENT.—Not later than 30 days after 

25 the date on which grant funds are dispersed under this 


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1 part, the Attorney General shall publish on the public 

2 website of the Department of Justice— 

3 ‘‘(1) a list of each forensic laboratory system, 

4 forensic medicine service provider, law enforcement 

5 storage facility, or medical facility that received the 

6 funds; and 

7 ‘‘(2) as it corresponds to each entity listed 

8 under paragraph (1)— 

9 ‘‘(A) the name of the government entity re10 sponsible for conducting independent external 

11 investigations under subsection (b)(4)(A); 

12 ‘‘(B) a description of the process by which 

13 the government entity will conduct the inde14 pendent external investigations into allegations 

15 of serious negligence or misconduct; and 

16 ‘‘(C) instructions for how a person can file 

17 an allegation described in subparagraph (B).’’; 

18 (2) in section 2803(a) (34 U.S.C. 10563(a))— 

19 (A) in paragraph (1), by striking ‘‘Eighty20 five percent’’ and inserting the following: 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), 85 percent’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(B) ADDITIONAL ALLOCATION REQUIRE25 MENTS.— 


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1 ‘‘(i) IN GENERAL.—Of the total 

2 amount made to a State for a fiscal year 

3 under subparagraph (A), 5 percent shall be 

4 allocated for— 

5 ‘‘(I) forensic science service pro6 viders pursuing first-time accredita7 tion by an accrediting body that— 

8 ‘‘(aa) is a signatory to an 

9 internationally recognized ar10 rangement; and 

11 ‘‘(bb) offers accreditation to 

12 forensic science conformity as13 sessment bodies using an accredi14 tation standard that is recognized 

15 by such internationally recog16 nized arrangement; and 

17 ‘‘(II) forensic medicine service 

18 providers pursuing first-time accredi19 tation by an accrediting body— 

20 ‘‘(aa) that— 

21 ‘‘(AA) is a signatory to 

22 an internationally recognized 

23 arrangement; and 

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1 formity assessment bodies 

2 using an accreditation 

3 standard that is recognized 

4 by such internationally rec5 ognized arrangement; 

6 ‘‘(bb) that has developed 

7 and implemented programs of ac8 creditation that promote within 

9 the office a quality management 

10 system designed to improve and 

11 maintain quality assurance, in12 tegrity and the use of generally 

13 accepted laboratory practices and 

14 procedures; or 

15 ‘‘(cc) attests, in a manner 

16 that is legally binding and en17 forceable, to use a portion of the 

18 grant amount to prepare and 

19 apply for such accreditation not 

20 more than 3 years after the date 

21 on which a grant is awarded 

22 under section 2801. 

23 ‘‘(ii) REQUIREMENT.— 

24 ‘‘(I) IN GENERAL.—Each State 

25 receiving a grant amount for a fiscal 


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1 year shall submit a certification that 

2 the State Administering Agency has 

3 made reasonable efforts to notify the 

4 forensic science service providers and 

5 forensic medicine service providers in 

6 the State that not less than 5 percent 

7 of the total amount awarded under 

8 this part are available for preparation 

9 for or fees associated with first-time 

10 accreditation. 

11 ‘‘(II) REASONABLE EFFORTS.— 

12 For purposes of subclause (I), reason13 able efforts to provide notice include 

14 email or mail to known forensic 

15 science service provider contacts. 

16 ‘‘(III) RULE OF CONSTRUC17 TION.—Nothing in this clause shall be 

18 construed to require that a forensic 

19 science service provider or forensic 

20 medicine service provider— 

21 ‘‘(aa) apply for funds de22 scribed in this clause; or 

23 ‘‘(bb) sign a declaration 

24 stating the provider does not 

25 want the funds. 


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1 ‘‘(IV) OTHER ALLOWABLE

2 USES.—If any amount of the 5 per3 cent of funds allocated under this sub4 paragraph are not requested or used 

5 by a forensic science service provider 

6 or forensic medicine service provider, 

7 such amount may be allocated by the 

8 State to other allowable grant pur9 poses.’’; 

10 (3) in section 2804(a)(5) (34 U.S.C. 

11 10564(a)(5)), by inserting ‘‘, coroners, and medical12 legal death investigators’’ before the period at the 

13 end; and 

14 (4) in section 2806(a) (34 U.S.C. 10566(a))— 

15 (A) in paragraph (1), by inserting ‘‘and fo16 rensic pathology or medical-legal death investi17 gator’’ after ‘‘science’’; 

18 (B) in paragraph (2)— 

19 (i) by inserting ‘‘or human remains’’ 

20 after ‘‘sample’’; and 

21 (ii) by inserting ‘‘examination or’’ be22 fore ‘‘test results’’; 

23 (C) in paragraph (3), after ‘‘laboratory’’ 

24 insert ‘‘or forensic medicine service provider’’; 

25 and 


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1 (D) in paragraph (4), by inserting ‘‘or fo2 rensic medicine service provider’’ after ‘‘pro3 vider’’. 

4 (b) REAUTHORIZATION.—Section 1001(a)(24) of title 

5 I of the Omnibus Crime Control and Safe Streets Act of 

6 1968 (34 U.S.C. 10261(a)(24)) is amended— 

7 (1) by striking subparagraphs (A) through (M); 

8 (2) by redesignating subparagraph (N) as sub9 paragraph (A); 

10 (3) in subparagraph (A), as so redesignated, by 

11 striking the period at the end and inserting ‘‘; and’’; 

12 and 

13 (4) by adding at the end the following: 

14 ‘‘(B) $40,000,000 for fiscal year 2023; 

15 ‘‘(C) $43,000,000 for fiscal year 2024; 

16 ‘‘(D) $46,000,000 for fiscal year 2025; 

17 ‘‘(E) $50,000,000 for fiscal year 2026; and 

18 ‘‘(F) $50,000,000 for fiscal year 2027.’’. 

19 (c) OPERATIONAL NEEDS ASSESSMENT.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of enactment of this Act, and once 

22 every 3 years thereafter, the Attorney General shall 

23 conduct a study and submit a report to the Com24 mittee on the Judiciary of the Senate and the Com25 mittee on the Judiciary of the House of RepresentaVerDate Sep 11 2014 03:52 Oct 14, 2022 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S5033.IS S5033

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1 tives on the projected workload, backlog, personnel, 

2 workforce, resource, and equipment needs of forensic 

3 science providers and forensic medical service pro4 viders. 

5 (2) REQUIRED COORDINATION.—The study re6 quired under paragraph (1) shall be conducted in 

7 conjunction with the Forensic Laboratory Needs8 Technology Working Group and the Federal Inter9 agency Medicolegal Death Investigation Working 

10 Group. 

11 (3) CONSIDERATIONS.—The report required 

12 under paragraph (1) shall consider— 

13 (A) the most recent Bureau of Justice Sta14 tistics census reports on Publicly Funded Fo15 rensic Science Service Providers, Digital Foren16 sic Science Service Providers, and Medical Ex17 aminer/Coroner Offices; 

18 (B) the Report to Congress: Needs Assess19 ment of Forensic Laboratories and Medical Ex20 aminer/Coroner Offices, published by the Na21 tional Institute of Justice; and 

22 (C) the practical and applied implications 

23 of any other scientific reports on forensic 

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1 ity management, and practical needs of the fo2 rensic science community. 

3 (4) PUBLIC AVAILABILITY.—The report sub4 mitted under paragraph (1) shall be made available 

5 to the public. 

6 SEC. 10. REMOVING UNNECESSARY AUTHORIZATIONS. 

7 Title III of the Justice for All Act of 2004 (Public 

8 Law 108–405) is amended in section 307(a) by striking 

9 ‘‘$7,400,000 for fiscal year 2017 and $10,000,000 for 

10 each of fiscal years 2018 through 2021’’. 

11 SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION 

12 IN STATE CAPITAL CASES. 

13 (a) AUTHORIZATION.—Section 426(a)(5) of the Inno14 cence Protection Act of 2004 (34 U.S.C. 60306(a)(5)) is 

15 amended by striking ‘‘$22,500,000 for fiscal year 2021.’’ 

16 and inserting ‘‘$12,500,000 for each of fiscal years 2023 

17 through 2027,’’. 

18 (b) AUTHORIZATION OF GRANT PROGRAM TO EN19 SURE CASE REVIEW, REPRESENTATION, AND PROVIDE

20 POST-CONVICTION RELIEF.— 

21 (1) IN GENERAL.—Subtitle B of title IV of the 

22 Justice for All Act of 2004 (34 U.S.C. 60301 et 

23 seq.) is amended by adding at the end the following: 


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1 ‘‘SEC. 427. WRONGFUL CONVICTION REVIEWS. 

2 ‘‘(1) PURPOSE.—The Attorney General shall 

3 administer grant programs within the Bureau of 

4 Justice Assistance, to encourage the review of pos5 sible cases of wrongful conviction and facilitate post6 conviction relief by establishing or expanding State 

7 and local conviction integrity units and by providing 

8 high quality representation for defendants litigating 

9 post-conviction claims of innocence. 

10 ‘‘(2) CONVICTION INTEGRITY UNIT GRANTS.— 

11 ‘‘(A) ELIGIBLE ENTITY DEFINED.—In this 

12 paragraph, the term ‘eligible entity’ means a 

13 prosecutor’s office or a State attorney general’s 

14 office that may work in partnership with a non15 profit organization, law school innocence clinic, 

16 or public defender’s office dedicated to receiving 

17 petitions for or reviewing wrongful convictions 

18 and wrongful sentences. 

19 ‘‘(B) AUTHORIZATION.—The Attorney 

20 General, acting through the Director of the Bu21 reau of Justice Assistance, shall make grants to 

22 eligible entities for the purpose of creating 

23 State and local conviction integrity units or en24 tities. 


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1 ‘‘(C) APPLICATION REQUIREMENTS.—Each 

2 application for a grant under this paragraph 

3 shall— 

4 ‘‘(i) demonstrate a plan by the appli5 cant to create, maintain, or expand a State 

6 or local conviction integrity unit with the 

7 intention to conduct substantive, evidence8 based conviction review; 

9 ‘‘(ii) develop a tool to survey or con10 duct focus groups with community mem11 bers, non-profit organizations, or public de12 fender offices dedicated to receiving peti13 tions for or reviewing wrongful convictions, 

14 and existing local Conviction Integrity 

15 Units in order to identify— 

16 ‘‘(I) the needs of individuals or 

17 their counsel seeking review of their 

18 convictions or sentences; and 

19 ‘‘(II) the needs of existing local 

20 conviction integrity units and non21 profit organizations or public defend22 er’s offices dedicated to receiving peti23 tions for or reviewing wrongful convic24 tions; 


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1 ‘‘(iii) use the information gathered 

2 under clause (ii) and conviction integrity 

3 unit best practices to advise procedural 

4 conduct in conviction review; 

5 ‘‘(iv) develop procedures to ensure 

6 that conviction integrity unit is able to op7 erate independently in rules and practice 

8 from the other units within the district at9 torney’s offices or any prosecutors pre10 viously involved with the case; 

11 ‘‘(v) in the case of a prosecutor’s of12 fice that cannot meet the requirement in 

13 clause (iv) because of the size of the office, 

14 provide a written policy detailing reason15 able steps that shall be taken to preserve 

16 independence and ethical integrity during 

17 the investigation; 

18 ‘‘(vi) allow for meaningful participa19 tion in the review process by petitioner’s 

20 counsel; and 

21 ‘‘(vii) develop victim notification pro22 cedures for final exonerations as appro23 priate. 

24 ‘‘(D) PREFERENCE.—In awarding grants 

25 under this paragraph, the Attorney General 


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1 shall give preference to applicants who dem2 onstrate a partnership with a nonprofit organi3 zation, law school innocence clinic, or public de4 fender’s office dedicated to receiving petitions 

5 for or review wrongful convictions and wrongful 

6 sentences. 

7 ‘‘(E) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appro9 priated $10,000,000 for each of fiscal years 

10 2023 through 2027 to carry out this paragraph, 

11 of which not more than 5 percent of the grant 

12 funding shall be used for training and technical 

13 assistance for grantees. 

14 ‘‘(3) WRONGFUL CONVICTION REVIEW

15 GRANTS.— 

16 ‘‘(A) ELIGIBLE ENTITY DEFINED.—In this 

17 paragraph, the term ‘eligible entity’ means a 

18 non-profit organization, institution of higher 

19 education, or State or local public defender of20 fice that has in-house post-conviction represen21 tation programs that show demonstrable experi22 ence or competence in litigating post-conviction 

23 claims of innocence. 

24 ‘‘(B) AUTHORIZATION.—The Attorney 

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1 view grant program and award grants to eligi2 ble entities for the purpose of providing high 

3 quality post-conviction representation for de4 fendants in post-conviction claims of innocence. 

5 ‘‘(C) USE OF FUNDS.—A grant awarded 

6 under this paragraph shall be used to support 

7 an eligible entity in providing— 

8 ‘‘(i) post-conviction legal representa9 tion of innocence claims; 

10 ‘‘(ii) case review, evaluation, and man11 agement; 

12 ‘‘(iii) experts; 

13 ‘‘(iv) potentially exonerative forensic 

14 testing by a forensic service provider that 

15 is accredited by an accrediting body that— 

16 ‘‘(I) is a signatory to an inter17 nationally recognized arrangement; 

18 and 

19 ‘‘(II) offers accreditation to fo20 rensic science conformity assessment 

21 bodies using an accreditation standard 

22 that is recognized by the internation23 ally recognized arrangement described 

24 in subclause (I); and 


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1 ‘‘(v) investigation services related to 

2 supporting these post-conviction innocence 

3 claims. 

4 ‘‘(D) AUTHORIZATION OF APPROPRIA5 TIONS.—There are authorized to be appro6 priated to carry out this paragraph— 

7 ‘‘(i) $15,000,000 for fiscal year 2023; 

8 ‘‘(ii) $18,000,000 for fiscal year 2024; 

9 ‘‘(iii) $22,000,000 for fiscal year 

10 2025; 

11 ‘‘(iv) $26,000,000 for fiscal year 

12 2026; and 

13 ‘‘(v) $30,000,000 for fiscal year 

14 2027.’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents in section 1(b) of the Justice for All Act of 

17 2004 (Public Law 108–405; 118 Stat. 2260) is 

18 amended by inserting after the item relating to sec19 tion 426 the following: 

‘‘Sec. 427. Wrongful conviction reviews.’’. 

20 SEC. 12. KIRK BLOODSWORTH POST-CONVICTION DNA 

21 TESTING GRANT PROGRAM. 

22 (a) REAUTHORIZATION.—The Innocence Protection 

23 Act of 2004 (title IV of Public Law 108–405; 118 Stat. 

24 2278) is amended— 


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1 (1) in section 412(a) (34 U.S.C. 40727(a)), by 

2 inserting ‘‘and units of local government’’ after 

3 ‘‘States’’; and 

4 (2) in section 413 (34 U.S.C. 40722 note)— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘2017 through 2021’’ and inserting 

7 ‘‘2022 through 2026’’; and 

8 (B) by striking paragraph (2) and insert9 ing the following: 

10 ‘‘(2) demonstrate the existence of current laws, 

11 regulations, or policies for relevant jurisdictions in 

12 the State in which the eligible entity operates that 

13 require preservation of biological evidence secured in 

14 relation to the investigation or prosecution of a 

15 State offense— 

16 ‘‘(A) under a State statute or a State or 

17 local rule, regulation, or practice, in a manner 

18 that seeks to ensure that reasonable measures 

19 are taken by jurisdictions within the State to 

20 preserve such evidence; or 

21 ‘‘(B) under a State statute or a State or 

22 local rule, regulation, or practice, in a manner 

23 comparable to section 3600A of title 18, United 

24 States Code, if— 


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1 ‘‘(i) jurisdictions within the State that 

2 would benefit from this grant program 

3 comply with this requirement; and 

4 ‘‘(ii) such jurisdictions may preserve 

5 such evidence for longer than the period of 

6 time that such evidence would be required 

7 to be preserved under such section 

8 3600A.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 412 of the Innocence Protection Act of 2004 (34 U.S.C. 

11 40727) is amended by striking subsection (b) and insert12 ing the following: 

13 ‘‘(b) APPROPRIATION.—There are authorized to be 

14 appropriated— 

15 ‘‘(1) $15,000,000 for fiscal year 2023; 

16 ‘‘(2) $18,000,000 for fiscal year 2024; 

17 ‘‘(3) $22,000,000 for fiscal year 2025; 

18 ‘‘(4) $26,000,000 for fiscal year 2026; and 

19 ‘‘(5) $30,000,000 for fiscal year 2027.’’. 

20 SEC. 13. ADDITIONAL DNA-RELATED REAUTHORIZATIONS. 

21 (a) DNA RESEARCH AND DEVELOPMENT.—Section 

22 305(c) of the DNA Sexual Assault Justice Act of 2004 

23 (34 U.S.C. 40724(c)) is amended by striking ‘‘2017 

24 through 2021’’ and inserting ‘‘2023 through 2027’’. 


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1 (b) DNA IDENTIFICATION OF MISSING PERSONS.— 

2 Section 308(c) of the DNA Sexual Assault Justice Act of 

3 2004 (34 U.S.C. 40726(c)) is amended by striking ‘‘2017 

4 through 2021’’ and inserting ‘‘2023 through 2027’’. 

5 SEC. 14. ACCOUNTABILITY. 

6 For fiscal year 2023, and each fiscal year thereafter, 

7 all grants awarded by the Department of Justice that are 

8 authorized under this Act shall be subject to the following 

9 accountability provisions: 

10 (1) AUDIT REQUIREMENT.— 

11 (A) DEFINITION.—In this paragraph, the 

12 term ‘‘unresolved audit finding’’ means an audit 

13 report finding in the final audit report of the 

14 Inspector General of the Department of Justice 

15 that the grantee has utilized grant funds for an 

16 unauthorized expenditure or otherwise unallow17 able cost that is not closed or resolved during 

18 the 12-month period beginning on the date on 

19 which the final audit report is issued. 

20 (B) REQUIREMENT.—Beginning in fiscal 

21 year 2023, and in each fiscal year thereafter, 

22 the Inspector General of the Department of 

23 Justice shall conduct audits of recipients of 

24 grants under this Act to prevent waste, fraud, 

25 and abuse of funds by grantees. The Inspector 


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1 General shall determine the appropriate number 

2 of grantees to be audited each year. 

3 (C) MANDATORY EXCLUSION.—A recipient 

4 of grant funds under this Act that is found to 

5 have an unresolved audit finding shall not be el6 igible to receive grant funds under this Act dur7 ing the first 2 fiscal years beginning after the 

8 end of the 12-month period described in sub9 paragraph (A). 

10 (D) PRIORITY.—In awarding grants under 

11 this Act, the Attorney General shall give pri12 ority to eligible entities that, during the 3 fiscal 

13 years before submitting an application for a 

14 grant under this Act, did not have an unre15 solved audit finding showing a violation in the 

16 terms or conditions of a Department of Justice 

17 grant program. 

18 (E) REIMBURSEMENT.—If an entity is 

19 awarded grant funds under this Act during the 

20 2-fiscal-year period during which the entity is 

21 barred from receiving grants under subpara22 graph (C), the Attorney General shall— 

23 (i) deposit an amount equal to the 

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1 properly awarded to the grantee into the 

2 General Fund of the Treasury; and 

3 (ii) seek to recoup the costs of the re4 payment to the fund from the grant recipi5 ent that was erroneously awarded grant 

6 funds. 

7 (2) NONPROFIT ORGANIZATION REQUIRE8 MENTS.— 

9 (A) DEFINITION.—For purposes of this 

10 section and the grant programs authorized 

11 under this Act, the term ‘‘nonprofit organiza12 tion’’ means an organization that is described 

13 in section 501(c)(3) of the Internal Revenue 

14 Code of 1986 and is exempt from taxation 

15 under section 501(a) of such Code. 

16 (B) PROHIBITION.—The Attorney General 

17 may not award a grant under this Act to a non18 profit organization that holds money in offshore 

19 accounts for the purpose of avoiding paying the 

20 tax described in section 511(a) of the Internal 

21 Revenue Code of 1986. 

22 (C) DISCLOSURE.—Each nonprofit organi23 zation that is awarded a grant under this Act 

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1 sonableness for the compensation of its officers, 

2 directors, trustees and key employees, shall dis3 close to the Attorney General, in the application 

4 for the grant, the process for determining such 

5 compensation, including the independent per6 sons involved in reviewing and approving such 

7 compensation, the comparability data used, and 

8 contemporaneous substantiation of the delibera9 tion and decision. Upon request, the Attorney 

10 General shall make the information disclosed 

11 under this subparagraph available for public in12 spection. 

13 (3) CONFERENCE EXPENDITURES.— 

14 (A) LIMITATION.—No amounts authorized 

15 to be appropriated to the Department of Justice 

16 under this Act may be used by the Attorney 

17 General, or by any individual or entity awarded 

18 discretionary funds through a cooperative 

19 agreement under this Act, to host or support 

20 any expenditure for conferences that uses more 

21 than $20,000 in funds made available to the 

22 Department of Justice, unless the Deputy At23 torney General or the appropriate Assistant At24 torney General, Director, or principal deputy 

25 (as designated by the Deputy Attorney General) 


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1 provides prior written authorization that the 

2 funds may be expended to host the conference, 

3 or was approved by the Attorney General 

4 through the application process and subsequent 

5 cooperative agreement award and any approved 

6 revisions. 

7 (B) WRITTEN APPROVAL.—Written ap8 proval under subparagraph (A) shall include a 

9 written estimate of all costs associated with the 

10 conference, including the cost of all food, bev11 erages, audio-visual equipment, honoraria for 

12 speakers, and entertainment. 

13 (C) REPORT.—The Deputy Attorney Gen14 eral shall submit an annual report to the Com15 mittee on the Judiciary of the Senate and the 

16 Committee on the Judiciary of the House of 

17 Representatives on all conference expenditures 

18 approved under this paragraph. 

19 (4) ANNUAL CERTIFICATION.—Beginning in fis20 cal year 2023, the Attorney General shall submit, to 

21 the Committee on the Judiciary and the Committee 

22 on Appropriations of the Senate and the Committee 

23 on the Judiciary and the Committee on Appropria24 tions of the House of Representatives, an annual 

25 certification indicating whether— 


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1 (A) all audits issued by the Office of the 

2 Inspector General under paragraph (1) have 

3 been completed and reviewed by the appropriate 

4 Assistant Attorney General or Director; 

5 (B) all mandatory exclusions required 

6 under paragraph (1)(C) have been issued, which 

7 includes a list of any grant recipients excluded 

8 under paragraph (1) from the previous year; 

9 and 

10 (C) all reimbursements required under 

11 paragraph (1)(E) have been made. 

12 (5) PROHIBITION ON LOBBYING ACTIVITY.— 

13 (A) IN GENERAL.—Amounts authorized to 

14 be appropriated under this Act may not be uti15 lized by any grant recipient to— 

16 (i) lobby any representative of the De17 partment of Justice regarding the award of 

18 grant funding; or 

19 (ii) lobby any representative of a Fed20 eral, State, local, or Tribal government re21 garding the award of grant funding. 

22 (B) PENALTY.—If the Attorney General 

23 determines that any recipient of a grant under 

24 this Act has violated subparagraph (A), the At25 torney General shall— 


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1 (i) require the grant recipient to repay 

2 the grant in full; and 

3 (ii) prohibit the grant recipient from 

4 receiving another grant under this Act for 

5 not less than 5 years. 

6 (6) OTHER PROHIBITIONS.—None of the funds 

7 provided under this Act shall be used by grant or co8 operative agreement recipients as a management fee 

9 or profit for the purpose of circumventing statutory 

10 or other limitations included in the terms and condi11 tions of the award on otherwise allowable costs, in12 cluding the use of management fees or profit to pur13 chase alcoholic beverages, entertainment, meals for 

14 non-business purposes, and membership dues for so15 cial or sporting clubs. 

16 (7) PREVENTING DUPLICATIVE GRANTS.— 

17 (A) IN GENERAL.—Before the Attorney 

18 General awards a grant to an applicant under 

19 this Act, the Attorney General shall compare 

20 potential grant awards with other grants 

21 awarded under this Act to determine whether 

22 duplicate grants are awarded for the same pur23 pose. 

24 (B) REPORT.—If the Attorney General 

25 awards duplicate grants to the same applicant 


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1 for the same purpose, the Attorney General 

2 shall submit to the Committee on the Judiciary 

3 of the Senate and the Committee on the Judici4 ary of the House of Representatives a report 

5 that includes— 

6 (i) a list of all duplicate grants award7 ed, including the total dollar amount of 

8 any duplicate grants awarded; and 

9 (ii) the reason the Attorney General 

10 awarded the duplicate grants. 

Æ 


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