PUBLIC LAW 114–324—DEC. 16, 2016 

JUSTICE FOR ALL REAUTHORIZATION ACT 

OF 2016 


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130 STAT. 1948 PUBLIC LAW 114–324—DEC. 16, 2016 

Public Law 114–324 

114th Congress 

An Act 

To protect crime victims’ rights, to eliminate the substantial backlog of DNA and 

other forensic evidence samples to improve and expand the forensic science testing 

capacity of Federal, State, and local crime laboratories, to increase research 

and development of new testing technologies, to develop new training programs 

regarding the collection and use of forensic evidence, to provide post-conviction 

testing of DNA evidence to exonerate the innocent, to support accreditation efforts 

of forensic science laboratories and medical examiner offices, to address training 

and equipment needs, to improve the performance of counsel in State capital 

cases, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Justice for All Reauthorization 

Act of 2016’’. 

SEC. 2. CRIME VICTIMS’ RIGHTS. 

(a) RESTITUTION DURING SUPERVISED RELEASE.—Section 

3583(d) of title 18, United States Code, is amended in the first 

sentence by inserting ‘‘, that the defendant make restitution in 

accordance with sections 3663 and 3663A, or any other statute 

authorizing a sentence of restitution,’’ after ‘‘supervision’’. 

(b) COLLECTION OF RESTITUTION FROM DEFENDANT’S ESTATE.— 

Section 3613(b) of title 18, United States Code, is amended by 

adding at the end the following: ‘‘The liability to pay restitution 

shall terminate on the date that is the later of 20 years from 

the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of 

the death of the person ordered to pay restitution, the individual’s 

estate will be held responsible for any unpaid balance of the restitution amount, and the lien provided in subsection (c) of this section 

shall continue until the estate receives a written release of that 

liability.’’. 

(c) VICTIM INTERPRETERS.—Rule 28 of the Federal Rules of 

Criminal Procedure is amended in the first sentence by inserting 

before the period at the end the following: ‘‘, including an interpreter 

for the victim’’. 

(d) GAO STUDY.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Comptroller General of the United 

States shall— 

(A) conduct a study to determine whether enhancing 

the restitution provisions under sections 3663 and 3663A 

of title 18, United States Code, to provide courts broader 

authority to award restitution for Federal offenses would 

Determination. 

Deadline. 

Termination 

dates. 

42 USC 13701 

note. 

Justice for All 

Reauthorization 

Act of 2016. 

Dec. 16, 2016 

[S. 2577] 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1949 

be beneficial to crime victims and what other factors Congress should consider in weighing such changes; and 

(B) submit to Congress a report on the study conducted 

under subparagraph (A). 

(2) CONTENTS.—In conducting the study under paragraph 

(1), the Comptroller General shall focus on the benefits to 

crime victims that would result if the restitution provisions 

under sections 3663 and 3663A of title 18, United States Code, 

were expanded— 

(A) to apply to victims who have suffered harm, injury, 

or loss that would not have occurred but for the defendant’s 

related conduct; 

(B) in the case of an offense resulting in bodily injury 

resulting in the victim’s death, to allow the court to use 

its discretion to award an appropriate sum to reflect the 

income lost by the victim’s surviving family members or 

estate as a result of the victim’s death; 

(C) to require that the defendant pay to the victim 

an amount determined by the court to restore the victim 

to the position he or she would have been in had the 

defendant not committed the offense; and 

(D) to require that the defendant compensate the victim 

for any injury, harm, or loss, including emotional distress, 

that occurred as a result of the offense. 

SEC. 3. REDUCING THE RAPE KIT BACKLOG. 

(a) IN GENERAL.—Of the amounts made available to the 

Attorney General for a DNA Analysis and capacity enhancement 

program and for other local, State, and Federal forensic activities 

under the heading ‘‘STATE AND LOCAL LAW ENFORCEMENT’’ under 

the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ under the heading 

‘‘DEPARTMENT OF JUSTICE’’ in fiscal years 2018, 2019, 2020, 

and 2021— 

(1) not less than 75 percent of such amounts shall be 

provided for grants for activities described under paragraphs 

(1), (2), and (3) of section 2(a) of the DNA Analysis Backlog 

Elimination Act of 2000 (42 U.S.C. 14135(a)); and 

(2) not less than 5 percent of such amounts shall be provided for grants for law enforcement agencies to conduct audits 

of their backlogged rape kits under section 2(a)(7) of the DNA 

Analysis Backlog Elimination Act of 2000 (42 U.S.C. 

14135(a)(7)) to create and operate associated tracking systems 

and to prioritize testing in those cases in which the statute 

of limitation will soon expire. 

(b) REPORTING.— 

(1) REPORT BY GRANT RECIPIENTS.—With respect to amounts 

made available to the Attorney General for a DNA Analysis 

and capacity enhancement program and for other local, State, 

and Federal forensic activities under the heading ‘‘STATE AND

LOCAL LAW ENFORCEMENT’’ under the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ under the heading ‘‘DEPARTMENT OF JUSTICE’’, the Attorney General shall require recipients of the 

amounts to report on the effectiveness of the activities carried 

out using the amounts, including any information the Attorney 

General needs in order to submit the report required under 

paragraph (2). 

Grants. 

Reports. 


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130 STAT. 1950 PUBLIC LAW 114–324—DEC. 16, 2016 

(2) REPORT TO CONGRESS.—Not later than 1 month after 

the last day of each even-numbered fiscal year, the Attorney 

General shall submit to the Committee on the Judiciary of 

the Senate and the Committee on the Judiciary of the House 

of Representatives a report that includes, for each recipient 

of amounts described in paragraph (1)— 

(A) the amounts distributed to the recipient; 

(B) a summary of the purposes for which the amounts 

were used and an evaluation of the progress of the recipient 

in achieving those purposes; 

(C) a statistical summary of the crime scene samples 

and arrestee or offender samples submitted to laboratories, 

the average time between the submission of a sample to 

a laboratory and the testing of the sample, and the percentage of the amounts that were paid to private laboratories; 

and 

(D) an evaluation of the effectiveness of the grant 

amounts in increasing capacity and reducing backlogs. 

SEC. 4. SEXUAL ASSAULT NURSE EXAMINERS. 

Section 304 of the DNA Sexual Assault Justice Act of 2004 

(42 U.S.C. 14136a) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following: 

‘‘(c) PREFERENCE.— 

‘‘(1) IN GENERAL.—In reviewing applications submitted in 

accordance with a program authorized, in whole or in part, 

by this section, the Attorney General shall give preference 

to any eligible entity that certifies that the entity will use 

the grant funds to— 

‘‘(A) improve forensic nurse examiner programs in a 

rural area or for an underserved population, as those terms 

are defined in section 4002 of the Violence Against Women 

Act of 1994 (42 U.S.C. 13925); 

‘‘(B) engage in activities that will assist in the employment of full-time forensic nurse examiners to conduct 

activities under subsection (a); or 

‘‘(C) sustain or establish a training program for forensic 

nurse examiners. 

‘‘(2) DIRECTIVE TO THE ATTORNEY GENERAL.—Not later than 

the beginning of fiscal year 2018, the Attorney General shall 

coordinate with the Secretary of Health and Human Services 

to inform Federally Qualified Health Centers, Community 

Health Centers, hospitals, colleges and universities, and other 

appropriate health-related entities about the role of forensic 

nurses and existing resources available within the Department 

of Justice and the Department of Health and Human Services 

to train or employ forensic nurses to address the needs of 

communities dealing with sexual assault, domestic violence, 

and elder abuse. The Attorney General shall collaborate on 

this effort with nongovernmental organizations representing 

forensic nurses.’’. 

SEC. 5. PROTECTING THE VIOLENCE AGAINST WOMEN ACT. 

Section 8(e)(1)(A) of the Prison Rape Elimination Act of 2003 

(42 U.S.C. 15607(e)(1)(A)) is amended— 

(1) in clause (i), by striking ‘‘and’’ at the end; 

Collaboration. 

Deadline. 

Effective date. 

Coordination. 

Certification. 

Evaluation. 

Evaluation. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1951 

(2) in clause (ii), by striking the period and inserting ‘‘; 

and’’; and 

(3) by inserting at the end the following: 

‘‘(iii) the program is not administered by the Office 

on Violence Against Women of the Department of Justice.’’. 

SEC. 6. CLARIFICATION OF VIOLENCE AGAINST WOMEN ACT HOUSING 

PROTECTIONS. 

Section 41411(b)(3)(B)(ii) of the Violence Against Women Act 

of 1994 (42 U.S.C. 14043e–11(b)(3)(B)(ii)) is amended— 

(1) in the first sentence, by inserting ‘‘or resident’’ after 

‘‘any remaining tenant’’; and 

(2) in the second sentence, by inserting ‘‘or resident’’ after 

‘‘tenant’’ each place it appears. 

SEC. 7. STRENGTHENING THE PRISON RAPE ELIMINATION ACT. 

The Prison Rape Elimination Act of 2003 (42 U.S.C. 15601 

et seq.) is amended— 

(1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), by striking 

subparagraph (A) and inserting the following: 

‘‘(A)(i) include the certification of the chief executive 

that the State receiving such grant has adopted all national 

prison rape standards that, as of the date on which the 

application was submitted, have been promulgated under 

this Act; or 

‘‘(ii) demonstrate to the Attorney General, in such 

manner as the Attorney General shall require, that the 

State receiving such grant is actively working to adopt 

and achieve full compliance with the national prison rape 

standards described in clause (i);’’; and 

(2) in section 8(e) (42 U.S.C. 15607(e))— 

(A) by striking paragraph (2) and inserting the following: 

‘‘(2) ADOPTION OF NATIONAL STANDARDS.— ‘‘(A) IN GENERAL.—For each fiscal year, any amount 

that a State would otherwise receive for prison purposes 

for that fiscal year under a grant program covered by 

this subsection shall be reduced by 5 percent, unless the 

chief executive officer of the State submits to the Attorney 

General proof of compliance with this Act through— 

‘‘(i) a certification that the State has adopted, and 

is in full compliance with, the national standards 

described in subsection (a); or 

‘‘(ii) an assurance that the State intends to adopt 

and achieve full compliance with those national standards so as to ensure that a certification under clause 

(i) may be submitted in future years, which includes— 

‘‘(I) a commitment that not less than 5 percent 

of such amount shall be used for this purpose; 

or 

‘‘(II) a request that the Attorney General hold 

5 percent of such amount in abeyance pursuant 

to the requirements of subparagraph (E). 

‘‘(B) RULES FOR CERTIFICATION.— 

‘‘(i) IN GENERAL.—A chief executive officer of a 

State who submits a certification under this paragraph 

shall also provide the Attorney General with— 

Lists. 

Audits. 

Certification. 

Grants. 

Certification. 


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130 STAT. 1952 PUBLIC LAW 114–324—DEC. 16, 2016 

‘‘(I) a list of the prisons under the operational 

control of the executive branch of the State; 

‘‘(II) a list of the prisons listed under subclause 

(I) that were audited during the most recently 

concluded audit year; 

‘‘(III) all final audit reports for prisons listed 

under subclause (I) that were completed during 

the most recently concluded audit year; and 

‘‘(IV) a proposed schedule for completing an 

audit of all the prisons listed under subclause (I) 

during the following 3 audit years. 

‘‘(ii) AUDIT APPEAL EXCEPTION.—Beginning on the 

date that is 3 years after the date of enactment of 

the Justice for All Reauthorization Act of 2016, a chief 

executive officer of a State may submit a certification 

that the State is in full compliance pursuant to 

subparagraph (A)(i) even if a prison under the operational control of the executive branch of the State 

has an audit appeal pending. 

‘‘(C) RULES FOR ASSURANCES.— 

‘‘(i) IN GENERAL.—A chief executive officer of a 

State who submits an assurance under subparagraph 

(A)(ii) shall also provide the Attorney General with— 

‘‘(I) a list of the prisons under the operational 

control of the executive branch of the State; 

‘‘(II) a list of the prisons listed under subclause 

(I) that were audited during the most recently 

concluded audit year; 

‘‘(III) an explanation of any barriers the State 

faces to completing required audits; 

‘‘(IV) all final audit reports for prisons listed 

under subclause (I) that were completed during 

the most recently concluded audit year; 

‘‘(V) a proposed schedule for completing an 

audit of all prisons under the operational control 

of the executive branch of the State during the 

following 3 audit years; and 

‘‘(VI) an explanation of the State’s current 

degree of implementation of the national standards. 

‘‘(ii) ADDITIONAL REQUIREMENT.—A chief executive 

officer of a State who submits an assurance under 

subparagraph (A)(ii)(I) shall, before receiving the 

applicable funds described in subparagraph (A)(ii)(I), 

also provide the Attorney General with a proposed 

plan for the expenditure of the funds during the 

applicable grant period. 

‘‘(iii) ACCOUNTING OF FUNDS.—A chief executive 

officer of a State who submits an assurance under 

subparagraph (A)(ii)(I) shall, in a manner consistent 

with the applicable grant reporting requirements, 

submit to the Attorney General a detailed accounting 

of how the funds described in subparagraph (A) were 

used. 

‘‘(D) SUNSET OF ASSURANCE OPTION.— ‘‘(i) IN GENERAL.—On the date that is 3 years 

after the date of enactment of the Justice for All 

Expenditure 

plan. 

Time period. 

Lists. 

Audits. 

Effective date. 

Certification. 

Time period. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1953 

Reauthorization Act of 2016, subclause (II) of subparagraph (A)(ii) shall cease to have effect. 

‘‘(ii) ADDITIONAL SUNSET.—On the date that is 6 

years after the date of enactment of the Justice for 

All Reauthorization Act of 2016, clause (ii) of subparagraph (A) shall cease to have effect. 

‘‘(iii) EMERGENCY ASSURANCES.— ‘‘(I) REQUEST.—Notwithstanding clause (ii), 

during the 2-year period beginning 6 years after 

the date of enactment of the Justice for All 

Reauthorization Act of 2016, a chief executive 

officer of a State who certifies that the State has 

audited not less than 90 percent of prisons under 

the operational control of the executive branch 

of the State may request that the Attorney General 

allow the chief executive officer to submit an emergency assurance in accordance with subparagraph 

(A)(ii) as in effect on the day before the date on 

which that subparagraph ceased to have effect 

under clause (ii) of this subparagraph. 

‘‘(II) GRANT OF REQUEST.—The Attorney General shall grant a request submitted under subclause (I) within 60 days upon a showing of good 

cause. 

‘‘(E) DISPOSITION OF FUNDS HELD IN ABEYANCE.— 

‘‘(i) IN GENERAL.—If the chief executive officer of 

a State who has submitted an assurance under 

subparagraph (A)(ii)(II) subsequently submits a certification under subparagraph (A)(i) during the 3-year 

period beginning on the date of enactment of the Justice for All Reauthorization Act of 2016, the Attorney 

General will release all funds held in abeyance under 

subparagraph (A)(ii)(II) to be used by the State in 

accordance with the conditions of the grant program 

for which the funds were provided. 

‘‘(ii) RELEASE OF FUNDS.—If the chief executive 

officer of a State who has submitted an assurance 

under subparagraph (A)(ii)(II) is unable to submit a 

certification during the 3-year period beginning on the 

date of enactment of the Justice for All Reauthorization 

Act of 2016, but does assure the Attorney General 

that 2⁄3 of prisons under the operational control of 

the executive branch of the State have been audited 

at least once, the Attorney General shall release all 

of the funds of the State held in abeyance to be used 

in adopting and achieving full compliance with the 

national standards, if the State agrees to comply with 

the applicable requirements in clauses (ii) and (iii) 

of subparagraph (C). 

‘‘(iii) REDISTRIBUTION OF FUNDS.—If the chief 

executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) is unable to submit 

a certification during the 3-year period beginning on 

the date of enactment of the Justice for All Reauthorization Act of 2016 and does not assure the Attorney 

General that 2⁄3 of prisons under the operational control 

of the executive branch of the State have been audited 

Certification. 

Time period. 

Effective dates. 

Grants. 

Audits. 

Deadline. 

Certification. 

Audits. 

Effective date. 

Time periods. 


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130 STAT. 1954 PUBLIC LAW 114–324—DEC. 16, 2016 

at least once, the Attorney General shall redistribute 

the funds of the State held in abeyance to other States 

to be used in accordance with the conditions of the 

grant program for which the funds were provided. 

‘‘(F) PUBLICATION OF AUDIT RESULTS.—Not later than 

1 year after the date of enactment of the Justice for All 

Reauthorization Act of 2016, the Attorney General shall 

request from each State, and make available on an appropriate Internet website, all final audit reports completed 

to date for prisons under the operational control of the 

executive branch of each State. The Attorney General shall 

update such website annually with reports received from 

States under subparagraphs (B)(i) and (C)(i). 

‘‘(G) REPORT ON IMPLEMENTATION OF NATIONAL STAND- ARDS.—Not later than 2 years after the date of enactment 

of the Justice for All Reauthorization Act of 2016, the 

Attorney General shall issue a report to the Committee 

on the Judiciary of the Senate and the Committee on 

the Judiciary of the House of Representatives on the status 

of implementation of the national standards and the steps 

the Department, in conjunction with the States and other 

key stakeholders, is taking to address any unresolved 

implementation issues.’’; and 

(B) by adding at the end the following: 

‘‘(8) BACKGROUND CHECKS FOR AUDITORS.—An individual 

seeking certification by the Department of Justice to serve 

as an auditor of prison compliance with the national standards 

described in subsection (a) shall, upon request, submit fingerprints in the manner determined by the Attorney General for 

criminal history record checks of the applicable State and Federal Bureau of Investigation repositories.’’. 

SEC. 8. ADDITIONAL REAUTHORIZATIONS. 

(a) DNA RESEARCH AND DEVELOPMENT.—Section 305(c) of the 

Justice for All Act of 2004 (42 U.S.C. 14136b(c)) is amended by 

striking ‘‘$15,000,000 for each of fiscal years 2005 through 2009’’ 

and inserting ‘‘$5,000,000 for each of fiscal years 2017 through 

2021’’. 

(b) FBI DNA PROGRAMS.—Section 307(a) of the Justice for 

All Act of 2004 (Public Law 108–405; 118 Stat. 2275) is amended 

by striking ‘‘$42,100,000 for each of fiscal years 2005 through 2009’’ 

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

for each of fiscal years 2018 through 2021’’. 

(c) DNA IDENTIFICATION OF MISSING PERSONS.—Section 308(c) 

of the Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is amended 

by striking ‘‘fiscal years 2005 through 2009’’ and inserting ‘‘fiscal 

years 2017 through 2021’’. 

SEC. 9. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 

GRANTS. 

(a) GRANTS.—Part BB of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968 (42 U.S.C. 3797j) is amended— 

(1) in section 2802(2) (42 U.S.C. 3797k(2)), by inserting 

after ‘‘bodies’’ the following: ‘‘and, except with regard to any 

medical examiner’s office, or coroner’s office in the State, is 

accredited by an accrediting body that is a signatory to an 

internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using 

Time period. 

Certification. 

Determination. 

Deadline. 

Web posting. 

State and local 

governments. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1955 

an accreditation standard that is recognized by that internationally recognized arrangement, or attests, in a manner that is 

legally binding and enforceable, to use a portion of the grant 

amount to prepare and apply for such accreditation not more 

than 2 years after the date on which a grant is awarded 

under section 2801’’; 

(2) in section 2803(a) (42 U.S.C. 3797l(a))— 

(A) in paragraph (1)— 

(i) by striking ‘‘Seventy-five percent’’ and inserting 

‘‘Eighty-five percent’’; and 

(ii) by striking ‘‘75 percent’’ and inserting ‘‘85 percent’’; 

(B) in paragraph (2), by striking ‘‘Twenty-five percent’’ 

and inserting ‘‘Fifteen percent’’; and 

(C) in paragraph (3), by striking ‘‘0.6 percent’’ and 

inserting ‘‘1 percent’’; 

(3) in section 2804(a) (42 U.S.C. 3797m(a))— 

(A) in paragraph (2)— 

(i) by inserting ‘‘impression evidence,’’ after ‘‘latent 

prints,’’; and 

(ii) by inserting ‘‘digital evidence, fire evidence,’’ 

after ‘‘toxicology,’’; 

(B) in paragraph (3), by inserting ‘‘and medicolegal 

death investigators’’ after ‘‘laboratory personnel’’; and 

(C) by inserting at the end the following: 

‘‘(4) To address emerging forensic science issues (such as 

statistics, contextual bias, and uncertainty of measurement) 

and emerging forensic science technology (such as high 

throughput automation, statistical software, and new types of 

instrumentation). 

‘‘(5) To educate and train forensic pathologists. 

‘‘(6) To fund medicolegal death investigation systems to 

facilitate accreditation of medical examiner and coroner offices 

and certification of medicolegal death investigators.’’; and 

(4) in section 2806(a) (42 U.S.C. 3797o(a))— 

(A) in paragraph (3), by striking ‘‘and’’ at the end; 

(B) by redesignating paragraph (4) as paragraph (5); 

and 

(C) by inserting after paragraph (3) the following: 

‘‘(4) the progress of any unaccredited forensic science 

service provider receiving grant funds toward obtaining accreditation; and’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(24) 

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

of 1968 (42 U.S.C. 3793(a)(24)) is amended— 

(1) in subparagraph (H), by striking ‘‘and’’ at the end; 

(2) in subparagraph (I), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(J) $13,500,000 for fiscal year 2017; 

‘‘(K) $18,500,000 for fiscal year 2018; 

‘‘(L) $19,000,000 for fiscal year 2019; 

‘‘(M) $21,000,000 for fiscal year 2020; and 

‘‘(N) $23,000,000 for fiscal year 2021.’’. 


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130 STAT. 1956 PUBLIC LAW 114–324—DEC. 16, 2016 

SEC. 10. IMPROVING THE QUALITY OF REPRESENTATION IN STATE 

CAPITAL CASES. 

Section 426 of the Justice for All Act of 2004 (42 U.S.C. 14163e) 

is amended— 

(1) in subsection (a), by striking ‘‘$75,000,000 for each 

of fiscal years 2005 through 2009’’ and inserting: 

‘‘(1) $2,500,000 for fiscal year 2017; 

‘‘(2) $7,500,000 for fiscal year 2018; 

‘‘(3) $12,500,000 for fiscal year 2019; 

‘‘(4) $17,500,000 for fiscal year 2020; and 

‘‘(5) $22,500,000 for fiscal year 2021.’’; and 

(2) in subsection (b), by inserting before the period at 

the end the following: ‘‘, or upon a showing of good cause, 

and at the discretion of the Attorney General, the State may 

determine a fair allocation of funds across the uses described 

in sections 421 and 422’’. 

SEC. 11. POST-CONVICTION DNA TESTING. 

(a) IN GENERAL.—Section 3600 of title 18, United States Code, 

is amended— 

(1) by striking ‘‘under a sentence of’’ in each place it appears 

and inserting ‘‘sentenced to’’; 

(2) in subsection (a)— 

(A) in paragraph (1)(B)(i), by striking ‘‘death’’; and 

(B) in paragraph (3)(A), by striking ‘‘and the applicant 

did not—’’ and all that follows through ‘‘knowingly fail 

to request’’ and inserting ‘‘and the applicant did not knowingly fail to request’’; 

(3) in subsection (b)(1)— 

(A) in subparagraph (A), by striking ‘‘and’’ at the end; 

(B) in subparagraph (B), by striking the period at 

the end and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

‘‘(C) order the Government to— 

‘‘(i) prepare an inventory of the evidence related 

to the case; and 

‘‘(ii) issue a copy of the inventory to the court, 

the applicant, and the Government.’’; 

(4) in subsection (e)— 

(A) by amending paragraph (1) to read as follows: 

‘‘(1) RESULTS.— 

‘‘(A) IN GENERAL.—The results of any DNA testing 

ordered under this section shall be simultaneously disclosed 

to the court, the applicant, and the Government. 

‘‘(B) RESULTS EXCLUDE APPLICANT.— 

‘‘(i) IN GENERAL.—If a DNA profile is obtained 

through testing that excludes the applicant as the 

source and the DNA complies with the Federal Bureau 

of Investigation’s requirements for the uploading of 

crime scene profiles to the National DNA Index System 

(referred to in this subsection as ‘NDIS’), the court 

shall order that the law enforcement entity with direct 

or conveyed statutory jurisdiction that has access to 

the NDIS submit the DNA profile obtained from probative biological material from crime scene evidence 

Courts. 

Records. 

Inventory. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1957 

to determine whether the DNA profile matches a profile of a known individual or a profile from an unsolved 

crime. 

‘‘(ii) NDIS SEARCH.—The results of a search under 

clause (i) shall be simultaneously disclosed to the court, 

the applicant, and the Government.’’; and 

(B) in paragraph (2), by striking ‘‘the National DNA 

Index System (referred to in this subsection as ‘NDIS’)’’ 

and inserting ‘‘NDIS’’; and 

(5) in subsection (g)(2)(B), by striking ‘‘death’’. 

(b) PRESERVATION OF BIOLOGICAL EVIDENCE.—Section 3600A 

of title 18, United States Code, is amended— 

(1) in subsection (a), by striking ‘‘under a sentence of’’ 

and inserting ‘‘sentenced to’’; and 

(2) in subsection (c)— 

(A) by striking paragraphs (1) and (2); and 

(B) by redesignating paragraphs (3), (4), and (5) as 

paragraphs (1), (2), and (3), respectively. 

SEC. 12. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING PROGRAM. 

(a) IN GENERAL.—Section 413 of the Justice for All Act of 

2004 (42 U.S.C. 14136 note) is amended— 

(1) in the matter preceding paragraph (1), by striking ‘‘fiscal 

years 2005 through 2009’’ and inserting ‘‘fiscal years 2017 

through 2021’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) for eligible entities that are a State or unit of local 

government, provide a certification by the chief legal officer 

of the State in which the eligible entity operates or the chief 

legal officer of the jurisdiction in which the funds will be 

used for the purposes of the grants, that the State or jurisdiction— 

‘‘(A) provides DNA testing of specified evidence under 

a State statute or a State or local rule or regulation to 

persons sentenced to imprisonment or death for a State 

felony offense, in a manner intended to ensure a reasonable 

process for resolving claims of actual innocence that 

ensures post-conviction DNA testing in at least those cases 

that would be covered by section 3600(a) of title 18, United 

States Code, had they been Federal cases and, if the results 

of the testing exclude the applicant as the source of the 

DNA, permits the applicant to apply for post-conviction 

relief, notwithstanding any provision of law that would 

otherwise bar the application as untimely; and 

‘‘(B) preserves biological evidence, as defined in section 

3600A of title 18, United States Code, under a State statute 

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

intended to ensure that reasonable measures are taken 

by the State or jurisdiction to preserve biological evidence 

secured in relation to the investigation or prosecution of, 

at a minimum, murder, nonnegligent manslaughter and 

sexual offenses.’’. 

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 412(b) of the 

Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended by 

striking ‘‘$5,000,000 for each of fiscal years 2005 through 2009’’ 

Certification. 


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130 STAT. 1958 PUBLIC LAW 114–324—DEC. 16, 2016 

and inserting ‘‘$10,000,000 for each of fiscal years 2017 through 

2021’’. 

SEC. 13. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE RETENTION. 

(a) IN GENERAL.—Subtitle A of title IV of the Justice for All 

Act of 2004 (Public Law 108–405; 118 Stat. 2278) is amended 

by adding at the end the following: 

‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVIDENCE 

RETENTION. 

‘‘(a) IN GENERAL.—The Director of the National Institute of 

Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall— 

‘‘(1) establish best practices for evidence retention to focus 

on the preservation of forensic evidence; and 

‘‘(2) assist State, local, and tribal governments in adopting 

and implementing the best practices established under paragraph (1). 

‘‘(b) DEADLINE.—Not later than 1 year after the date of enactment of this section, the Director of the National Institute of Justice 

shall publish the best practices established under subsection (a)(1). 

‘‘(c) LIMITATION.—Nothing in this section shall be construed 

to require or obligate compliance with the best practices established 

under subsection (a)(1).’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

contents in section 1(b) of the Justice for All Act of 2004 (Public 

Law 108–405; 118 Stat. 2260) is amended by inserting after the 

item relating to section 413 the following: 

‘‘Sec. 414. Establishment of best practices for evidence retention.’’. 

SEC. 14. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Effective 

Administration of Criminal Justice Act of 2016’’. 

(b) STRATEGIC PLANNING.—Section 502 of title I of the Omnibus 

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is 

amended— 

(1) by inserting ‘‘(A) IN GENERAL.—’’ before ‘‘To request 

a grant’’; and 

(2) by adding at the end the following: 

‘‘(6) A comprehensive Statewide plan detailing how grants 

received under this section will be used to improve the administration of the criminal justice system, which shall— 

‘‘(A) be designed in consultation with local governments, and representatives of all segments of the criminal 

justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of 

indigent defense services, victim services, juvenile justice 

delinquency prevention programs, community corrections, 

and reentry services; 

‘‘(B) include a description of how the State will allocate 

funding within and among each of the uses described in 

subparagraphs (A) through (G) of section 501(a)(1); 

‘‘(C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support 

of funding decisions; 

Consultation. 

Grants. 

Effective 

Administration of 

Criminal Justice 

Act of 2016. 

42 USC 3711 

note. 

Consultation. 

42 USC 14136f. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1959 

‘‘(D) describe the barriers at the State and local level 

for accessing data and implementing evidence-based 

approaches to preventing and reducing crime and recidivism; and 

‘‘(E) be updated every 5 years, with annual progress 

reports that— 

‘‘(i) address changing circumstances in the State, 

if any; 

‘‘(ii) describe how the State plans to adjust funding 

within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); 

‘‘(iii) provide an ongoing assessment of need; 

‘‘(iv) discuss the accomplishment of goals identified 

in any plan previously prepared under this paragraph; 

and 

‘‘(v) reflect how the plan influenced funding 

decisions in the previous year. 

‘‘(b) TECHNICAL ASSISTANCE.— 

‘‘(1) STRATEGIC PLANNING.—Not later than 90 days after 

the date of enactment of this subsection, the Attorney General 

shall begin to provide technical assistance to States and local 

governments requesting support to develop and implement the 

strategic plan required under subsection (a)(6). The Attorney 

General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and 

training under this paragraph. 

‘‘(2) PROTECTION OF CONSTITUTIONAL RIGHTS.—Not later 

than 90 days after the date of enactment of this subsection, 

the Attorney General shall begin to provide technical assistance 

to States and local governments, including any agent thereof 

with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall 

include— 

‘‘(A) public dissemination of practices, structures, or 

models for the administration of justice consistent with 

the requirements of the Sixth Amendment; and 

‘‘(B) assistance with adopting and implementing a 

system for the administration of justice consistent with 

the requirements of the Sixth Amendment. 

‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For each of fiscal 

years 2017 through 2021, of the amounts appropriated to carry 

out this subpart, not less than $5,000,000 and not more than 

$10,000,000 shall be used to carry out this subsection.’’. 

(c) APPLICABILITY.—The requirement to submit a strategic plan 

under section 501(a)(6) of title I of the Omnibus Crime Control 

and Safe Streets Act of 1968, as added by subsection (b), shall 

apply to any application submitted under such section 501 for 

a grant for any fiscal year beginning after the date that is 1 

year after the date of enactment of this Act. 

SEC. 15. OVERSIGHT AND ACCOUNTABILITY. 

All grants awarded by the Department of Justice that are 

authorized under this Act shall be subject to the following: 

(1) AUDIT REQUIREMENT.—Beginning in fiscal year 2016, 

and each fiscal year thereafter, the Inspector General of the 

Department of Justice shall conduct audits of recipients of 

Effective date. 

Determination. 

Grants. 

42 USC 3793c. 

Effective date. 

42 USC 3752 

note. 

Public 

information. 

Deadlines. 

Assessment. 

Time periods. 

Reports. 


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130 STAT. 1960 PUBLIC LAW 114–324—DEC. 16, 2016 

grants under this Act to prevent waste, fraud, and abuse of 

funds by grantees. The Inspector General shall determine the 

appropriate number of grantees to be audited each year. 

(2) MANDATORY EXCLUSION.—A recipient of grant funds 

under this Act that is found to have an unresolved audit finding 

shall not be eligible to receive grant funds under this Act 

during the 2 fiscal years beginning after the 12-month period 

described in paragraph (5). 

(3) PRIORITY.—In awarding grants under this Act, the 

Attorney General shall give priority to eligible entities that, 

during the 3 fiscal years before submitting an application for 

a grant under this Act, did not have an unresolved audit 

finding showing a violation in the terms or conditions of a 

Department of Justice grant program. 

(4) REIMBURSEMENT.—If an entity is awarded grant funds 

under this Act during the 2-fiscal-year period in which the 

entity is barred from receiving grants under paragraph (2), 

the Attorney General shall— 

(A) deposit an amount equal to the grant funds that 

were improperly awarded to the grantee into the General 

Fund of the Treasury; and 

(B) seek to recoup the costs of the repayment to the 

fund from the grant recipient that was erroneously awarded 

grant funds. 

(5) DEFINED TERM.—In this section, the term ‘‘unresolved 

audit finding’’ means an audit report finding in the final audit 

report of the Inspector General of the Department of Justice 

that the grantee has utilized grant funds for an unauthorized 

expenditure or otherwise unallowable cost that is not closed 

or resolved within a 12-month period beginning on the date 

when the final audit report is issued. 

(6) NONPROFIT ORGANIZATION REQUIREMENTS.— 

(A) DEFINITION.—For purposes of this section and the 

grant programs described in this Act, the term ‘‘nonprofit 

organization’’ means an organization that is described in 

section 501(c)(3) of the Internal Revenue Code of 1986 

and is exempt from taxation under section 501(a) of such 

Code. 

(B) PROHIBITION.—The Attorney General shall not 

award a grant under any grant program described in this 

Act to a nonprofit organization that holds money in offshore 

accounts for the purpose of avoiding paying the tax 

described in section 511(a) of the Internal Revenue Code 

of 1986. 

(C) DISCLOSURE.—Each nonprofit organization that is 

awarded a grant under a grant program described in this 

Act and uses the procedures prescribed in regulations to 

create a rebuttable presumption of reasonableness for the 

compensation of its officers, directors, trustees and key 

employees, shall disclose to the Attorney General, in the 

application for the grant, the process for determining such 

compensation, including the independent persons involved 

in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation 

of the deliberation and decision. Upon request, the Attorney 

General shall make the information disclosed under this 

subsection available for public inspection. 

Public 

information. 

Time period. 

Effective date. 

Time periods. 

Time periods. 

Time periods. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1961 

(7) ADMINISTRATIVE EXPENSES.—Unless otherwise explicitly 

provided in authorizing legislation, not more than 7.5 percent 

of the amounts authorized to be appropriated under this Act 

may be used by the Attorney General for salaries and administrative expenses of the Department of Justice. 

(8) CONFERENCE EXPENDITURES.— (A) LIMITATION.—No amounts authorized to be appropriated to the Department of Justice under this Act may 

be used by the Attorney General or by any individual 

or organization awarded discretionary funds through a 

cooperative agreement under this Act, to host or support 

any expenditure for conferences that uses more than 

$20,000 in Department funds, unless the Deputy Attorney 

General or the appropriate Assistant Attorney General, 

Director, or principal deputy as the Deputy Attorney General may designate, provides prior written authorization 

that the funds may be expended to host a conference. 

(B) WRITTEN APPROVAL.—Written approval under 

subparagraph (A) shall include a written estimate of all 

costs associated with the conference, including the cost 

of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment. 

(C) REPORT.—The Deputy Attorney General shall 

submit an annual report to the Committee on the Judiciary 

of the Senate and the Committee on the Judiciary of the 

House of Representatives on all conference expenditures 

approved by operation of this paragraph. 

(9) PROHIBITION ON LOBBYING ACTIVITY.— 

(A) IN GENERAL.—Amounts authorized to be appropriated under this Act may not be utilized by any grant 

recipient to— 

(i) lobby any representative of the Department of 

Justice regarding the award of grant funding; or 

(ii) lobby any representative of a Federal, State, 

local, or tribal government regarding the award of 

grant funding. 

(B) PENALTY.—If the Attorney General determines that 

any recipient of a grant under this Act has violated 

subparagraph (A), the Attorney General shall— 

(i) require the grant recipient to repay the grant 

in full; and 

(ii) prohibit the grant recipient from receiving 

another grant under this Act for not less than 5 years. 

(10) PREVENTING DUPLICATIVE GRANTS.— 

(A) IN GENERAL.—Before the Attorney General awards 

a grant to an applicant under this Act, the Attorney General shall compare potential grant awards with other grants 

awarded under this Act to determine whether duplicate 

grants are awarded for the same purpose. 

(B) REPORT.—If the Attorney General awards duplicate 

grants to the same applicant for the same purpose, the 

Attorney General shall submit to the Committee on the 

Judiciary of the Senate and the Committee on the Judiciary 

of the House of Representatives a report that includes— 

(i) a list of all duplicate grants awarded, including 

the total dollar amount of any duplicate grants 

awarded; and 

Determination. 

Time period. 

Estimate. 


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130 STAT. 1962 PUBLIC LAW 114–324—DEC. 16, 2016 

(ii) the reason the Attorney General awarded the 

duplicate grants. 

SEC. 16. NEEDS ASSESSMENT OF FORENSIC LABORATORIES. 

(a) STUDY AND REPORT.—Not later than October 1, 2018, the 

Attorney General shall conduct a study and submit a report to 

the Committee on the Judiciary of the Senate and the Committee 

on the Judiciary of the House of Representatives on the status 

and needs of the forensic science community. 

(b) REQUIREMENTS.—The report required under subsection (a) 

shall— 

(1) examine the status of current workload, backlog, personnel, equipment, and equipment needs of public crime laboratories and medical examiner and coroner offices; 

(2) include an overview of academic forensic science 

resources and needs, from a broad forensic science perspective, 

including nontraditional crime laboratory disciplines such as 

forensic anthropology, forensic entomology, and others as determined appropriate by the Attorney General; 

(3) consider— 

(A) the National Institute of Justice study, Forensic 

Sciences: Review of Status and Needs, published in 1999; 

(B) the Bureau of Justice Statistics census reports 

on Publicly Funded Forensic Crime Laboratories, published 

in 2002, 2005, 2009, and 2014; 

(C) the National Academy of Sciences report, Strengthening Forensic Science: A Path Forward, published in 2009; 

and 

(D) the Bureau of Justice Statistics survey of forensic 

providers recommended by the National Commission of 

Forensic Science and approved by the Attorney General 

on September 8, 2014; 

(4) provide Congress with a comprehensive view of the 

infrastructure, equipment, and personnel needs of the broad 

forensic science community; and 

(5) be made available to the public. 

SEC. 17. CRIME VICTIM ASSISTANCE. 

(a) AMENDMENT.—Section 1404(c)(1)(A) of the Victims of Crime 

Act of 1984 (42 U.S.C. 10603(c)(1)(A)) is amended by inserting 

‘‘victim services,’’ before ‘‘demonstration projects’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the proposed rule entitled ‘‘VOCA Victim Assistance Program’’ published by the Office of Victims of Crime of the Department of 

Justice in the Federal Register on August 27, 2013 (78 Fed. Reg. 

52877), is consistent with section 1404 of the Victims of Crime 

Act of 1984 (42 U.S.C. 10603). 

SEC. 18. IMPROVING THE RESTITUTION PROCESS. 

Section 3612 of title 18, United States Code, is amended by 

adding at the end the following: 

‘‘(j) EVALUATION OF OFFICES OF THE UNITED STATES ATTORNEY

AND DEPARTMENT COMPONENTS.— 

‘‘(1) IN GENERAL.—The Attorney General shall, as part of 

the regular evaluation process, evaluate each office of the 

United States attorney and each component of the Department 

of Justice on the performance of the office or the component, 

as the case may be, in seeking and recovering restitution for 

Public 

information. 


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PUBLIC LAW 114–324—DEC. 16, 2016 130 STAT. 1963 

victims under each provision of this title and the Controlled 

Substances Act (21 U.S.C. 801 et seq.) that authorizes restitution. 

‘‘(2) REQUIREMENT.—Following an evaluation under paragraph (1), each office of the United States attorney and each 

component of the Department of Justice shall work to improve 

the practices of the office or component, as the case may be, 

with respect to seeking and recovering restitution for victims 

under each provision of this title and the Controlled Substances 

Act (21 U.S.C. 801 et seq.) that authorizes restitution. 

‘‘(k) GAO REPORTS.— 

‘‘(1) REPORT.—Not later than 1 year after the date of enactment of this subsection, the Comptroller General of the United 

States shall prepare and submit to the Committee on the 

Judiciary of the House of Representatives and the Committee 

on the Judiciary of the Senate a report on restitution sought 

by the Attorney General under each provision of this title 

and the Controlled Substances Act (21 U.S.C. 801 et seq.) 

that authorizes restitution during the 3-year period preceding 

the report. 

‘‘(2) CONTENTS.—The report required under paragraph (1) 

shall include statistically valid estimates of— 

‘‘(A) the number of cases in which a defendant was 

convicted and the Attorney General could seek restitution 

under this title or the Controlled Substances Act (21 U.S.C. 

801 et seq.); 

‘‘(B) the number of cases in which the Attorney General 

sought restitution; 

‘‘(C) of the cases in which the Attorney General sought 

restitution, the number of times restitution was ordered 

by the district courts of the United States; 

‘‘(D) the amount of restitution ordered by the district 

courts of the United States; 

‘‘(E) the amount of restitution collected pursuant to 

the restitution orders described in subparagraph (D); 

‘‘(F) the percentage of restitution orders for which the 

full amount of restitution has not been collected; and 

‘‘(G) any other measurement the Comptroller General 

determines would assist in evaluating how to improve the 

restitution process in Federal criminal cases. 

‘‘(3) RECOMMENDATIONS.—The report required under paragraph (1) shall include recommendations on the best practices 

for— 

‘‘(A) requesting restitution in cases in which restitution 

may be sought under each provision of this title and the 

Controlled Substances Act (21 U.S.C. 801 et seq.) that 

authorizes restitution; 

‘‘(B) obtaining restitution orders from the district 

courts of the United States; and 

‘‘(C) collecting restitution ordered by the district courts 

of the United States. 

‘‘(4) REPORT.—Not later than 3 years after the date on 

which the report required under paragraph (1) is submitted, 

the Comptroller General of the United States shall prepare 

and submit to the Committee on the Judiciary of the House 

of Representatives and the Committee on the Judiciary of the 

Estimates. 

Time period. 


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130 STAT. 1964 PUBLIC LAW 114–324—DEC. 16, 2016 

LEGISLATIVE HISTORY—S. 2577: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

June 16, considered and passed Senate. 

Nov. 29, considered and passed House, amended. 

Dec. 1, Senate concurred in House amendment. 

Æ 

Senate a report on the implementation by the Attorney General 

of the best practices recommended under paragraph (3).’’. 

Approved December 16, 2016. 


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