II 

113TH CONGRESS 

1ST SESSION S. 822 

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

DNA samples collected from crime scenes and convicted offenders, to 

improve and expand the DNA testing capacity of Federal, State, and 

local crime laboratories, to increase research and development of new 

DNA testing technologies, to develop new training programs regarding 

the collection and use of DNA evidence, to provide post conviction testing 

of DNA evidence to exonerate the innocent, to improve the performance 

of counsel in State capital cases, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 25, 2013 

Mr. LEAHY (for himself and Mr. CORNYN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To protect crime victims’ rights, to eliminate the substantial 

backlog of DNA samples collected from crime scenes 

and convicted offenders, to improve and expand the DNA 

testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA 

testing technologies, to develop new training programs 

regarding the collection and use of DNA evidence, to 

provide post conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel 

in State capital cases, and for other purposes. 


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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 ‘‘Justice for All Reau5 thorization Act of 2013’’. 

6 SEC. 2. CRIME VICTIMS’ RIGHTS. 

7 (a) IN GENERAL.—Section 3771 of title 18, United 

8 States Code, is amended— 

9 (1) in subsection (a), by adding at the end the 

10 following: 

11 ‘‘(9) The right to be informed of the rights 

12 under this section and the services described in sec13 tion 503(c) of the Victims’ Rights and Restitution 

14 Act of 1990 (42 U.S.C. 10607(c)) and provided con15 tact information for the Office of the Victims’ 

16 Rights Ombudsman of the Department of Justice.’’; 

17 (2) in subsection (d)(3), in the fifth sentence, 

18 by inserting ‘‘, unless the litigants, with the approval 

19 of the court, have stipulated to a different time pe20 riod for consideration’’ before the period; and 

21 (3) in subsection (e)— 

22 (A) by striking ‘‘this chapter, the term’’ 

23 and inserting the following: ‘‘this chapter: 

24 ‘‘(1) COURT OF APPEALS.—The term ‘court of 

25 appeals’ means— 


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1 ‘‘(A) the United States court of appeals for 

2 the judicial district in which a defendant is 

3 being prosecuted; or 

4 ‘‘(B) for a prosecution in the Superior 

5 Court of the District of Columbia, the District 

6 of Columbia Court of Appeals. 

7 ‘‘(2) CRIME VICTIM.— 

8 ‘‘(A) IN GENERAL.—The term’’; 

9 (B) by striking ‘‘In the case’’ and inserting 

10 the following: 

11 ‘‘(B) MINORS AND CERTAIN OTHER VIC12 TIMS.—In the case’’; and 

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

14 ‘‘(3) DISTRICT COURT; COURT.—The terms 

15 ‘district court’ and ‘court’ include the Superior 

16 Court of the District of Columbia.’’. 

17 (b) CRIME VICTIMS FUND.—Section 1402(d)(3) of 

18 the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3) 

19 is amended— 

20 (1) by inserting ‘‘(A)’’ before ‘‘Of the sums’’; 

21 and 

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

23 ‘‘(B) Amounts made available under subpara24 graph (A) may not be used for any purpose that is 

25 not specified in subparagraph (A).’’. 


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1 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS 

2 FOR CRIME VICTIMS. 

3 (a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.— 

4 Section 103(b) of the Justice for All Act of 2004 (Public 

5 Law 108–405; 118 Stat. 2264) is amended— 

6 (1) in paragraph (1), by striking ‘‘$2,000,000’’ 

7 and all that follows through ‘‘2009’’ and inserting 

8 ‘‘$5,000,000 for each of fiscal years 2014, 2015, 

9 2016, 2017, and 2018’’; 

10 (2) in paragraph (2), by striking ‘‘$2,000,000’’ 

11 and all that follows through ‘‘2009,’’ and inserting 

12 ‘‘$5,000,000 for each of fiscal years 2014, 2015, 

13 2016, 2017, and 2018’’; 

14 (3) in paragraph (3), by striking ‘‘$300,000’’ 

15 and all that follows through ‘‘2009,’’ and inserting 

16 ‘‘$500,000 for each of fiscal years 2014, 2015, 

17 2016, 2017, and 2018’’; 

18 (4) in paragraph (4), by striking ‘‘$7,000,000’’ 

19 and all that follows through ‘‘2009,’’ and inserting 

20 ‘‘$11,000,000 for each of fiscal years 2014, 2015, 

21 2016, 2017, and 2018’’; and 

22 (5) in paragraph (5), by striking ‘‘$5,000,000’’ 

23 and all that follows through ‘‘2009,’’ and inserting 

24 ‘‘$7,000,000 for each of fiscal years 2014, 2015, 

25 2016, 2017, and 2018’’. 


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1 (b) CRIME VICTIMS NOTIFICATION GRANTS.—Sec2 tion 1404E(c) of the Victims of Crime Act of 1984 (42 

3 U.S.C. 10603e(c)) is amended by striking ‘‘this 

4 section—’’ and all that follows and inserting ‘‘this section 

5 $5,000,000 for each of fiscal years 2014, 2015, 2016, 

6 2017, and 2018.’’. 

7 SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

8 Section 2(j) of the DNA Analysis Backlog Elimi9 nation Act of 2000 (42 U.S.C. 14135(j)) is amended by 

10 striking ‘‘fiscal years 2009 through 2014’’ and inserting 

11 ‘‘fiscal years 2014 through 2018’’. 

12 SEC. 5. RAPE EXAM PAYMENTS. 

13 Section 2010(d)(2) of title I of the Omnibus Crime 

14 Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

15 4(d)(2)) is amended by striking ‘‘enactment of this Act’’ 

16 and inserting ‘‘enactment of the Violence Against Women 

17 Reauthorization Act of 2013’’. 

18 SEC. 6. ADDITIONAL REAUTHORIZATIONS. 

19 (a) DNA TRAINING AND EDUCATION FOR LAW EN20 FORCEMENT.—Section 303(b) of the Justice for All Act 

21 of 2004 (42 U.S.C. 14136(b)) is amended by striking 

22 ‘‘$12,500,000 for each of fiscal years 2009 through 2014’’ 

23 and inserting ‘‘$5,000,000 for each of fiscal years 2014 

24 through 2018’’. 


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1 (b) SEXUAL ASSAULT FORENSIC EXAM PROGRAM

2 GRANTS.—Section 304(c) of the Justice for All Act of 

3 2004 (42 U.S.C. 14136a(c)) is amended by striking 

4 ‘‘$30,000,000 for each of 2014 through 2018’’ and insert5 ing ‘‘$15,000,000 for each of fiscal years 2014 through 

6 2018’’. 

7 (c) DNA RESEARCH AND DEVELOPMENT.—Section 

8 305(c) of the Justice for All Act of 2004 (42 U.S.C. 

9 14136b(c)) is amended by striking ‘‘$15,000,000 for each 

10 of fiscal years 2005 through 2009’’ and inserting 

11 ‘‘$5,000,000 for each of fiscal years 2014 through 2018’’. 

12 (d) FBI DNA PROGRAMS.—Section 307(a) of the 

13 Justice for All Act of 2004 (Public Law 108–405; 118 

14 Stat. 2275) is amended by striking ‘‘$42,100,000 for each 

15 of fiscal years 2005 through 2009’’ and inserting 

16 ‘‘$10,000,000 for each of fiscal years 2014 through 

17 2018’’. 

18 (e) DNA IDENTIFICATION OF MISSING PERSONS.— 

19 Section 308(c) of the Justice for All Act of 2004 (42 

20 U.S.C. 14136d(c)) is amended by striking ‘‘fiscal years 

21 2005 through 2009’’ and inserting ‘‘fiscal years 2014 

22 through 2018’’. 


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1 SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVE2 MENT GRANTS. 

3 Section 1001(a)(24) of title I of the Omnibus Crime 

4 Control and Safe Streets Act of 1968 (42 U.S.C. 

5 3793(a)(24)) is amended— 

6 (1) in subparagraph (H), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (I), by striking the period 

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

10 (3) by adding at the end the following: 

11 ‘‘(J) $25,000,000 for each of fiscal years 

12 2014 through 2018.’’. 

13 SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN 

14 STATE CAPITAL CASES. 

15 Section 426 of the Justice for All Act of 2004 (42 

16 U.S.C. 14163e) is amended— 

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

18 for each of fiscal years 2005 through 2009’’ and in19 serting ‘‘$30,000,000 for each of fiscal years 2014 

20 through 2018’’; and 

21 (2) in subsection (b), by inserting before the pe22 riod at the end the following: ‘‘, or upon a showing 

23 of good cause, and at the discretion of the Attorney 

24 General, the State may determine a fair allocation of 

25 funds across the uses described in sections 421 and 

26 422’’. 


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1 SEC. 9. POST-CONVICTION DNA TESTING. 

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

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) in paragraph (1)(B)(i), by striking 

6 ‘‘death’’; and 

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

8 the applicant did not—’’ and all that follows 

9 through ‘‘knowingly fail to request’’ and insert10 ing ‘‘and the applicant did not knowingly fail to 

11 request’’; and 

12 (2) in subsection (g)(2)(B), by striking 

13 ‘‘death’’. 

14 (b) PRESERVATION OF BIOLOGICAL EVIDENCE.— 

15 Section 3600A(c) of title 18, United States Code, is 

16 amended— 

17 (1) by striking paragraph (2); and 

18 (2) by redesignating paragraphs (3), (4), and 

19 (5) as paragraphs (2), (3), and (4), respectively. 

20 SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CON21 SIDERATION OF CLAIMS OF ACTUAL INNO22 CENCE. 

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

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


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘fiscal years 2005 through 2009’’ and in3 serting ‘‘fiscal years 2014 through 2018’’; and 

4 (2) by striking paragraph (2) and inserting the 

5 following: 

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

7 of local government, provide a certification by the 

8 chief legal officer of the State in which the eligible 

9 entity operates or the chief legal officer of the juris10 diction in which the funds will be used for the pur11 poses of the grants, that the State or jurisdiction— 

12 ‘‘(A) provides DNA testing of specified evi13 dence under a State statute or a State or local 

14 rule or regulation to persons convicted after 

15 trial and under a sentence of imprisonment or 

16 death for a State felony offense, in a manner 

17 intended to ensure a reasonable process for re18 solving claims of actual innocence that ensures 

19 post-conviction DNA testing in at least those 

20 cases that would be covered by section 3600(a) 

21 of title 18, United States Code, had they been 

22 Federal cases, and, if the results of the testing 

23 exclude the applicant as the perpetrator of the 

24 offense, permits the applicant to apply for post25 conviction relief, notwithstanding any provision 


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1 of law that would otherwise bar the application 

2 as untimely; and 

3 ‘‘(B) preserves biological evidence, as de4 fined in section 3600A of title 18, United 

5 States Code, under a State statute or a State 

6 or local rule, regulation, or practice in a man7 ner intended to ensure that reasonable meas8 ures are taken by the State or jurisdiction to 

9 preserve biological evidence secured in relation 

10 to the investigation or prosecution of, at a min11 imum, murder, non-negligent manslaughter and 

12 sexual offenses.’’. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 412(b) of the Justice for All Act of 2004 (42 U.S.C. 

15 14136e(b)) is amended by striking ‘‘$5,000,000 for each 

16 of fiscal years 2005 through 2009’’ and inserting 

17 ‘‘$10,000,000 for each of fiscal years 2014 through 

18 2018’’. 

19 SEC. 11. ESTABLISHMENT OF BEST PRACTICES FOR EVI20 DENCE RETENTION. 

21 (a) IN GENERAL.—Subtitle A of title IV of the Jus22 tice for All Act of 2004 (Public Law 108–405; 118 Stat. 

23 2278) is amended by adding at the end the following: 


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1 ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVI2 DENCE RETENTION. 

3 ‘‘(a) IN GENERAL.—The Director of the National In4 stitute of Justice, in consultation with Federal, State, and 

5 local law enforcement agencies and government labora6 tories, shall— 

7 ‘‘(1) establish best practices for evidence reten8 tion to focus on the preservation of biological evi9 dence; and 

10 ‘‘(2) assist State, local, and tribal governments 

11 in adopting and implementing the best practices es12 tablished under paragraph (1). 

13 ‘‘(b) DEADLINE.—Not later than 1 year after the 

14 date of enactment of this section, the Director of the Na15 tional Institute of Justice shall publish the best practices 

16 established under subsection (a)(1). 

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

18 construed to require or obligate compliance with the best 

19 practices established under subsection (a)(1).’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of contents in section 1(b) of the Justice for 

22 All Act of 2004 (Public Law 108–405; 118 Stat. 2260) 

23 is amended by inserting after the item relating to section 

24 413 the following: 

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


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1 SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUS2 TICE. 

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

4 ‘‘Effective Administration of Criminal Justice Act of 

5 2013’’. 

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

7 the Omnibus Crime Control and Safe Streets Act of 1968 

8 (42 U.S.C. 3752) is amended— 

9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

10 ‘‘To request a grant’’; and 

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

12 ‘‘(6) A comprehensive State-wide plan detailing 

13 how grants received under this section will be used 

14 to improve the administration of the criminal justice 

15 system, which shall— 

16 ‘‘(A) be designed in consultation with local 

17 governments, and all segments of the criminal 

18 justice system, including judges, prosecutors, 

19 law enforcement personnel, corrections per20 sonnel, and providers of indigent defense serv21 ices, victim services, juvenile justice delinquency 

22 prevention programs, community corrections, 

23 and reentry services; 

24 ‘‘(B) include a description of how the State 

25 will allocate funding within and among each of 


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1 the uses described in subparagraphs (A) 

2 through (G) of section 501(a)(1); 

3 ‘‘(C) describe the process used by the State 

4 for gathering evidence-based data and devel5 oping and using evidence-based and evidence6 gathering approaches in support of funding de7 cisions; and 

8 ‘‘(D) be updated every 5 years, with an9 nual progress reports that— 

10 ‘‘(i) address changing circumstances 

11 in the State, if any; 

12 ‘‘(ii) describe how the State plans to 

13 adjust funding within and among each of 

14 the uses described in subparagraphs (A) 

15 through (G) of section 501(a)(1); 

16 ‘‘(iii) provide an ongoing assessment 

17 of need; 

18 ‘‘(iv) discuss the accomplishment of 

19 goals identified in any plan previously pre20 pared under this paragraph; and 

21 ‘‘(v) reflect how the plan influenced 

22 funding decisions in the previous year. 

23 ‘‘(b) TECHNICAL ASSISTANCE.— 

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

25 days after the date of enactment of this subsection, 


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1 the Attorney General shall begin to provide technical 

2 assistance to States and local governments request3 ing support to develop and implement the strategic 

4 plan required under subsection (a)(6). 

5 ‘‘(2) PROTECTION OF CONSTITUTIONAL

6 RIGHTS.—Not later than 90 days after the date of 

7 enactment of this subsection, the Attorney General 

8 shall begin to provide technical assistance to States 

9 and local governments, including any agent thereof 

10 with responsibility for administration of justice, re11 questing support to meet the obligations established 

12 by the Sixth Amendment to the Constitution of the 

13 United States, which shall include— 

14 ‘‘(A) public dissemination of practices, 

15 structures, or models for the administration of 

16 justice consistent with the requirements of the 

17 Sixth Amendment; and 

18 ‘‘(B) assistance with adopting and imple19 menting a system for the administration of jus20 tice consistent with the requirements of the 

21 Sixth Amendment. 

22 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

23 There is authorized to be appropriated $5,000,000 

24 for each of fiscal years 2014 through 2018 to carry 

25 out this subsection.’’. 


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1 (c) APPLICABILITY.—The requirement to submit a 

2 strategic plan under section 501(a)(6) of title I of the Om3 nibus Crime Control and Safe Streets Act of 1968, as 

4 added by subsection (b), shall apply to any application 

5 submitted under such section 501 for a grant for any fis6 cal year beginning after the date that is 1 year after the 

7 date of enactment of this Act. 

8 SEC. 13. OVERSIGHT AND ACCOUNTABILITY. 

9 All grants awarded by the Department of Justice that 

10 are authorized under this Act shall be subject to the fol11 lowing: 

12 (1) AUDIT REQUIREMENT.—Beginning in fiscal 

13 year 2014, and each fiscal year thereafter, the In14 spector General of the Department of Justice shall 

15 conduct audits of recipients of grants under this Act 

16 to prevent waste, fraud, and abuse of funds by 

17 grantees. The Inspector General shall determine the 

18 appropriate number of grantees to be audited each 

19 year. 

20 (2) MANDATORY EXCLUSION.—A recipient of 

21 grant funds under this Act that is found to have an 

22 unresolved audit finding shall not be eligible to re23 ceive grant funds under this Act during the 2 fiscal 

24 years beginning after the 12-month period described 

25 in paragraph (5). 


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1 (3) PRIORITY.—In awarding grants under this 

2 Act, the Attorney General shall give priority to eligi3 ble entities that, during the 3 fiscal years before 

4 submitting an application for a grant under this Act, 

5 did not have an unresolved audit finding showing a 

6 violation in the terms or conditions of a Department 

7 of Justice grant program. 

8 (4) REIMBURSEMENT.—If an entity is awarded 

9 grant funds under this Act during the 2-fiscal-year 

10 period in which the entity is barred from receiving 

11 grants under paragraph (2), the Attorney General 

12 shall— 

13 (A) deposit an amount equal to the grant 

14 funds that were improperly awarded to the 

15 grantee into the General Fund of the Treasury; 

16 and 

17 (B) seek to recoup the costs of the repay18 ment to the fund from the grant recipient that 

19 was erroneously awarded grant funds. 

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

21 ‘‘unresolved audit finding’’ means an audit report 

22 finding in the final audit report of the Inspector 

23 General of the Department of Justice that the 

24 grantee has utilized grant funds for an unauthorized 

25 expenditure or otherwise unallowable cost that is not 


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1 closed or resolved within a 12-month period begin2 ning on the date when the final audit report is 

3 issued. 

4 (6) NONPROFIT ORGANIZATION REQUIRE5 MENTS.— 

6 (A) DEFINITION.—For purposes of this 

7 section and the grant programs described in 

8 this Act, the term ‘‘ ‘nonprofit organization’ ’’ 

9 means an organization that is described in sec10 tion 501(c)(3) of the Internal Revenue Code of 

11 1986 and is exempt from taxation under section 

12 501(a) of such Code. 

13 (B) PROHIBITION.—The Attorney General 

14 shall not award a grant under any grant pro15 gram described in this Act to a nonprofit orga16 nization that holds money in offshore accounts 

17 for the purpose of avoiding paying the tax de18 scribed in section 511(a) of the Internal Rev19 enue Code of 1986. 

20 (C) DISCLOSURE.—Each nonprofit organi21 zation that is awarded a grant under a grant 

22 program described in this Act and uses the pro23 cedures prescribed in regulations to create a re24 buttable presumption of reasonableness for the 

25 compensation of its officers, directors, trustees 


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1 and key employees, shall disclose to the Attor2 ney General, in the application for the grant, 

3 the process for determining such compensation, 

4 including the independent persons involved in 

5 reviewing and approving such compensation, the 

6 comparability data used, and contemporaneous 

7 substantiation of the deliberation and decision. 

8 Upon request, the Attorney General shall make 

9 the information disclosed under this subsection 

10 available for public inspection. 

11 (7) ADMINISTRATIVE EXPENSES.—Unless oth12 erwise explicitly provided in authorizing legislation, 

13 not more than 7.5 percent of the amounts author14 ized to be appropriated under this Act may be used 

15 by the Attorney General for salaries and administra16 tive expenses of the Department of Justice. 

17 (8) CONFERENCE EXPENDITURES.— 

18 (A) LIMITATION.—No amounts authorized 

19 to be appropriated to the Department of Justice 

20 under this Act may be used by the Attorney 

21 General or by any individual or organization 

22 awarded discretionary funds through a coopera23 tive agreement under this Act, to host or sup24 port any expenditure for conferences that uses 

25 more than $20,000 in Department funds, unVerDate Mar 15 2010 03:01 Apr 30, 2013 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S822.IS S822

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1 less the Deputy Attorney General or the appro2 priate Assistant Attorney General, Director, or 

3 principal deputy as the Deputy Attorney Gen4 eral may designate, provides prior written au5 thorization that the funds may be expended to 

6 host a conference. 

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 and 

11 beverages, audio/visual equipment, honoraria 

12 for speakers, and any 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 by operation of this paragraph. 

19 (9) PROHIBITION ON LOBBYING ACTIVITY.— 

20 (A) IN GENERAL.—Amounts authorized to 

21 be appropriated under this Act may not be uti22 lized by any grant recipient to— 

23 (i) lobby any representative of the De24 partment of Justice regarding the award of 

25 grant funding; or 


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1 (ii) lobby any representative of a Fed2 eral, state, local, or tribal government re3 garding the award of grant funding. 

4 (B) PENALTY.—If the Attorney General 

5 determines that any recipient of a grant under 

6 this Act has violated subparagraph (A), the At7 torney General shall— 

8 (i) require the grant recipient to repay 

9 the grant in full; and 

10 (ii) prohibit the grant recipient from 

11 receiving another grant under this Act for 

12 not less than 5 years. 

Æ 


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