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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 250 Reported in Senate (RS)]

                                                       Calendar No. 435
112th CONGRESS
  2d Session
                                 S. 250

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

                            February 1, 2011

  Mr. Leahy (for himself, Mr. Franken, Ms. Klobuchar, Mr. Harkin, Mr. 
Merkley, Mr. Coons, and Mr. Blumenthal) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

                             June 21, 2012

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To protect crime victims' rights, to eliminate the substantial backlog 
of DNA samples collected from crime scenes and convicted offenders, to 
  improve and expand the DNA testing capacity of Federal, State, and 
 local crime laboratories, to increase research and development of new 
 DNA testing technologies, to develop new training programs regarding 
  the collection and use of DNA evidence, to provide post conviction 
   testing of DNA evidence to exonerate the innocent, to improve the 
 performance of counsel in State capital cases, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Justice for All 
Reauthorization Act of 2011''.</DELETED>

<DELETED>SEC. 2. CRIME VICTIMS' RIGHTS.</DELETED>

<DELETED>    Section 3771 of title 18, United States Code, is amended--
</DELETED>
        <DELETED>    (1) in subsection (a), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(9) The right to be informed of the rights under 
        this section and the services described in section 503(c) of 
        the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
        10607(c)) and provided contact information for the Office of 
        the Victims' Rights Ombudsman of the Department of 
        Justice.'';</DELETED>
        <DELETED>    (2) in subsection (d)(3), in the fifth sentence, 
        by inserting ``, unless the litigants, with the approval of the 
        court, have stipulated to a different time period for 
        consideration'' before the period; and</DELETED>
        <DELETED>    (3) in subsection (e)--</DELETED>
                <DELETED>    (A) by striking ``this chapter, the term'' 
                and inserting the following: ``this chapter:</DELETED>
        <DELETED>    ``(1) Court of appeals.--The term `court of 
        appeals' means--</DELETED>
                <DELETED>    ``(A) for a violation of the United States 
                Code, the United States court of appeals for the 
                judicial district in which a defendant is being 
                prosecuted; and</DELETED>
                <DELETED>    ``(B) for a violation of the District of 
                Columbia Code, the District of Columbia Court of 
                Appeals.</DELETED>
        <DELETED>    ``(2) Crime victim.--</DELETED>
                <DELETED>    ``(A) In general.--The term'';</DELETED>
                <DELETED>    (B) by striking ``In the case'' and 
                inserting the following:</DELETED>
                <DELETED>    ``(B) Minors and certain other victims.--
                In the case''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(3) District court; court.--The terms `district 
        court' and `court' include the Superior Court of the District 
        of Columbia.''.</DELETED>

<DELETED>SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME 
              VICTIMS.</DELETED>

<DELETED>    (a) Crime Victims Legal Assistance Grants.--Section 103(b) 
of the Justice for All Act of 2004 (Public Law 108-405; 118 Stat. 2264) 
is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``$2,000,000'' 
        and all that follows through ``2009'' and inserting 
        ``$5,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 
        and 2016'';</DELETED>
        <DELETED>    (2) in paragraph (2), by striking ``$2,000,000'' 
        and all that follows through ``2009,'' and inserting 
        ``$5,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 
        and 2016'';</DELETED>
        <DELETED>    (3) in paragraph (3), by striking ``$300,000'' and 
        all that follows through ``2009,'' and inserting ``$500,000 for 
        each of fiscal years 2012, 2013, 2014, 2015, and 
        2016'';</DELETED>
        <DELETED>    (4) in paragraph (4), by striking ``$7,000,000'' 
        and all that follows through ``2009,'' and inserting 
        ``$11,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 
        and 2016''; and</DELETED>
        <DELETED>    (5) in paragraph (5), by striking ``$5,000,000'' 
        and all that follows through ``2009,'' and inserting 
        ``$7,000,000 for each of fiscal years 2012, 2013, 2014, 2015, 
        and 2016''.</DELETED>
<DELETED>    (b) Crime Victims Notification Grants.--Section 1404E(c) 
of the Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is amended by 
striking ``this
section--'' and all that follows and inserting ``this section 
$5,000,000 for each of the fiscal years 2012, 2013, 2014, 2015, and 
2016.''.</DELETED>

<DELETED>SEC. 4. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.</DELETED>

<DELETED>    (a) In General.--Section 2 of the DNA Analysis Backlog 
Elimination Act of 2000 (42 U.S.C. 14135) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT 
              PROGRAM.</DELETED>

<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `backlog for DNA case work' has the 
        meaning given that term by the Director, in accordance with 
        subsection (b)(3);</DELETED>
        <DELETED>    ``(2) the term `Combined DNA Index System' means 
        the Combined DNA Index System of the Federal Bureau of 
        Investigation;</DELETED>
        <DELETED>    ``(3) the term `Director' means the Director of 
        the National Institute of Justice;</DELETED>
        <DELETED>    ``(4) the term `emergency response provider' has 
        the meaning given that term in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101); and</DELETED>
        <DELETED>    ``(5) the term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, American Samoa, Guam, 
        and the Northern Mariana Islands.</DELETED>
<DELETED>    ``(b) Establishment of Protocols, Technical Assistance, 
and Definitions of Evidence Backlog for DNA Case Work.--</DELETED>
        <DELETED>    ``(1) Protocols and practices.--Not later than 18 
        months after the date of enactment of the Justice for All 
        Reauthorization Act of 2011, the Director shall develop and 
        publish a description of protocols and practices the Director 
        considers appropriate for the accurate, timely, and effective 
        collection and processing of DNA evidence, including protocols 
        and practices specific to sexual assault cases, which shall 
        address appropriate steps in the investigation of cases that 
        might involve DNA evidence, including--</DELETED>
                <DELETED>    ``(A) how to determine--</DELETED>
                        <DELETED>    ``(i) which evidence is to be 
                        collected by law enforcement personnel and 
                        forwarded for testing;</DELETED>
                        <DELETED>    ``(ii) the preferred order in 
                        which evidence from the same case is to be 
                        tested; and</DELETED>
                        <DELETED>    ``(iii) the preferred order in 
                        which evidence from different cases is to be 
                        tested;</DELETED>
                <DELETED>    ``(B) the establishment of a reasonable 
                period of time in which evidence is to be forwarded by 
                emergency response providers, law enforcement 
                personnel, and prosecutors to a laboratory for 
                testing;</DELETED>
                <DELETED>    ``(C) the establishment of reasonable 
                periods of time in which each stage of analytical 
                laboratory testing is to be completed; and</DELETED>
                <DELETED>    ``(D) systems to encourage communication 
                within a State or unit of local government among 
                emergency response providers, law enforcement 
                personnel, prosecutors, courts, defense counsel, crime 
                laboratory personnel, and crime victims regarding the 
                status of crime scene evidence to be tested.</DELETED>
        <DELETED>    ``(2) Technical assistance and training.--The 
        Director shall make available technical assistance and training 
        to support States and units of local government in adopting and 
        implementing the protocols and practices developed under 
        paragraph (1) on and after the date on which the protocols and 
        practices are published.</DELETED>
        <DELETED>    ``(3) Definition of backlog for dna case work.--
        The Director shall develop and publish a definition of the term 
        `backlog for DNA case work' for purposes of this section--
        </DELETED>
                <DELETED>    ``(A) taking into consideration the 
                different stages at which a backlog may develop, 
                including the investigation and prosecution of a crime 
                by law enforcement personnel, prosecutors, and others, 
                and the laboratory analysis of crime scene samples; 
                and</DELETED>
                <DELETED>    ``(B) which may include different criteria 
                or thresholds for the different stages.</DELETED>
<DELETED>    ``(c) Authorization of Grants for the Collection and 
Processing of DNA Evidence by Law Enforcement.--</DELETED>
        <DELETED>    ``(1) Purpose.--The Attorney General may make 
        grants to States or units of local government which may be used 
        to--</DELETED>
                <DELETED>    ``(A) ensure that the collection and 
                processing of DNA evidence from crimes, including 
                sexual assault and other serious violent crimes, is 
                carried out in an appropriate and timely 
                manner;</DELETED>
                <DELETED>    ``(B) eliminate existing backlogs for DNA 
                case work, including backlogs from sexual assault 
                cases; and</DELETED>
                <DELETED>    ``(C) ensure effective communication among 
                emergency response providers, law enforcement 
                personnel, prosecutors, courts, defense counsel, crime 
                laboratory personnel, and crime victims regarding the 
                status of crime scene evidence to be tested.</DELETED>
        <DELETED>    ``(2) Application.--A State or unit of local 
        government desiring a grant under this subsection shall submit 
        to the Attorney General an application in such form and 
        containing such information as the Attorney General may 
        require, which shall include--</DELETED>
                <DELETED>    ``(A) providing assurances that the State 
                or unit of local government has implemented, or will 
                implement not later than 120 days after the date of the 
                application, a comprehensive plan for the expeditious 
                collection and processing of DNA evidence in accordance 
                with this section; and</DELETED>
                <DELETED>    ``(B) specifying the percentage of the 
                amounts received under the grant that the State or unit 
                of local government shall use for the purpose specified 
                in each of subparagraphs (A), (B), and (C) of paragraph 
                (1).</DELETED>
        <DELETED>    ``(3) Collection and processing of samples.--A 
        plan described in paragraph (2)(A)--</DELETED>
                <DELETED>    ``(A) shall require a State or unit of 
                local government to--</DELETED>
                        <DELETED>    ``(i) adopt the appropriate 
                        protocols and practices developed under 
                        subsection (b)(1); and</DELETED>
                        <DELETED>    ``(ii) ensure that emergency 
                        response providers, law enforcement personnel, 
                        prosecutors, and crime laboratory personnel 
                        within the jurisdiction of the State or unit of 
                        local government receive training on the 
                        content and appropriate use of the protocols 
                        and practices; and</DELETED>
                <DELETED>    ``(B) may include the development and 
                implementation within the State or unit of local 
                government of an evidence tracking system to ensure 
                effective communication among emergency response 
                providers, law enforcement personnel, prosecutors, 
                defense counsel, courts, crime laboratory personnel, 
                and crime victims regarding the status of crime scene 
                evidence subject to DNA analysis.</DELETED>
        <DELETED>    ``(4) Reporting and publication of dna backlogs.--
        </DELETED>
                <DELETED>    ``(A) In general.--A plan described in 
                paragraph (2)(A) shall require a State or unit of local 
                government to submit to the Attorney General an annual 
                report reflecting the current backlog for DNA case work 
                within the jurisdiction in which the funds are used, 
                which shall include--</DELETED>
                        <DELETED>    ``(i) a specific breakdown of the 
                        number of sexual assault cases that are in a 
                        backlog for DNA case work and the percentage of 
                        the amounts received under the grant allocated 
                        to reducing the backlog of DNA case work in 
                        sexual assault cases;</DELETED>
                        <DELETED>    ``(ii) for each case that is in a 
                        backlog for DNA case work, the identity of each 
                        agency, office, or contractor of the State or 
                        unit of local government in which work 
                        necessary to complete the DNA analysis is 
                        pending; and</DELETED>
                        <DELETED>    ``(iii) any other information the 
                        Attorney General determines 
                        appropriate.</DELETED>
                <DELETED>    ``(B) Compilation.--The Attorney General 
                shall annually compile and publish the reports 
                submitted under subparagraph (A) on the website of the 
                Department of Justice.</DELETED>
<DELETED>    ``(d) Authorization of Grants for DNA Testing and Analysis 
by Laboratories.--</DELETED>
        <DELETED>    ``(1) Purpose.--The Attorney General may make 
        grants to States or units of local government to--</DELETED>
                <DELETED>    ``(A) carry out, for inclusion in the 
                Combined DNA Index System, DNA analyses of samples 
                collected under applicable legal authority;</DELETED>
                <DELETED>    ``(B) carry out, for inclusion in the 
                Combined DNA Index System, DNA analyses of samples from 
                crime scenes, including samples from rape kits, samples 
                from other sexual assault evidence, and samples taken 
                in cases without an identified suspect;</DELETED>
                <DELETED>    ``(C) increase the capacity of 
                laboratories owned by the State or unit of local 
                government to carry out DNA analyses of samples 
                specified in subparagraph (A) or (B);</DELETED>
                <DELETED>    ``(D) collect DNA samples specified in 
                subparagraph (A); and</DELETED>
                <DELETED>    ``(E) ensure that DNA testing and analysis 
                of samples from crimes, including sexual assault and 
                other serious violent crimes, are carried out in a 
                timely manner.</DELETED>
        <DELETED>    ``(2) Application.--A State or unit of local 
        government desiring a grant under this subsection shall submit 
        to the Attorney General an application in such form and 
        containing such information as the Attorney General may 
        require, which shall include--</DELETED>
                <DELETED>    ``(A) providing assurances that the State 
                or unit of local government has implemented, or will 
                implement not later than 120 days after the date of the 
                application, a comprehensive plan for the expeditious 
                DNA analysis of samples in accordance with this 
                section;</DELETED>
                <DELETED>    ``(B) certifying that each DNA analysis 
                carried out under the plan shall be maintained in 
                accordance with the privacy requirements described in 
                section 210304(b)(3) of the Violent Crime Control and 
                Law Enforcement Act of 1994 (42 U.S.C. 
                14132(b)(3));</DELETED>
                <DELETED>    ``(C) specifying the percentage of the 
                amounts received under the grant that the State or unit 
                of local government shall use to carry out DNA analyses 
                of samples described in paragraph (1)(A) and the 
                percentage of the amounts the State or unit of local 
                government shall use to carry out DNA analyses of 
                samples described in paragraph (1)(B);</DELETED>
                <DELETED>    ``(D) specifying the percentage of the 
                amounts received under the grant that the State or unit 
                of local government shall use for a purpose described 
                in paragraph (1)(C);</DELETED>
                <DELETED>    ``(E) if submitted by a unit of local 
                government, certifying that the unit of local 
                government has taken, or is taking, all necessary steps 
                to ensure that the unit of local government is eligible 
                to include in the Combined DNA Index System, directly 
                or through a State law enforcement agency, all analyses 
                of samples for which the unit of local government has 
                requested funding; and</DELETED>
                <DELETED>    ``(F) specifying the percentage of the 
                amounts received under the grant that the State or unit 
                of local government shall use for the purpose described 
                in paragraph (1)(D).</DELETED>
        <DELETED>    ``(3) Analysis of samples.--</DELETED>
                <DELETED>    ``(A) In general.--A plan described in 
                paragraph (2)(A) shall require that, except as provided 
                in subparagraph (C), each DNA analysis be carried out 
                in a laboratory that--</DELETED>
                        <DELETED>    ``(i) satisfies quality assurance 
                        standards; and</DELETED>
                        <DELETED>    ``(ii) is--</DELETED>
                                <DELETED>    ``(I) operated by the 
                                State or a unit of local government; 
                                or</DELETED>
                                <DELETED>    ``(II) operated by a 
                                private entity pursuant to a contract 
                                with the State or a unit of local 
                                government.</DELETED>
                <DELETED>    ``(B) Quality assurance standards.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The Director of 
                        the Federal Bureau of Investigation shall 
                        maintain and make available to States and units 
                        of local government a description of quality 
                        assurance protocols and practices that the 
                        Director of the Federal Bureau of Investigation 
                        considers adequate to assure the quality of a 
                        forensic laboratory.</DELETED>
                        <DELETED>    ``(ii) Existing standards.--For 
                        purposes of this paragraph, a laboratory 
                        satisfies quality assurance standards if the 
                        laboratory satisfies the quality control 
                        requirements described in paragraphs (1) and 
                        (2) of section 210304(b) of the Violent Crime 
                        Control and Law Enforcement Act of 1994 (42 
                        U.S.C. 14132(b)).</DELETED>
        <DELETED>    ``(4) Use of vouchers or contracts for certain 
        purposes.--</DELETED>
                <DELETED>    ``(A) In general.--A grant for a purpose 
                specified in subparagraph (A), (B), (E), or (F) of 
                paragraph (1) may be made in the form of a voucher or 
                contract for laboratory services, even if the 
                laboratory makes a reasonable profit for the 
                services.</DELETED>
                <DELETED>    ``(B) Redemption.--A voucher or contract 
                under subparagraph (A) may be redeemed at a laboratory 
                operated on a nonprofit or for-profit basis, by a 
                private entity that satisfies quality assurance 
                standards and has been approved by the Attorney 
                General.</DELETED>
                <DELETED>    ``(C) Payments.--The Attorney General may 
                use amounts appropriated to carry out this section to 
                make payments to a laboratory described under 
                subparagraph (B).</DELETED>
        <DELETED>    ``(5) Reporting and publication of dna backlogs.--
        </DELETED>
                <DELETED>    ``(A) In general.--A plan described in 
                paragraph (2)(A) shall require the State or unit of 
                local government to submit to the Attorney General an 
                annual report reflecting the backlog for DNA case work 
                within the jurisdiction in which the funds will be 
                used, which shall include--</DELETED>
                        <DELETED>    ``(i) a specific breakdown of the 
                        number of sexual assault cases that are in a 
                        backlog for DNA case work and the percentage of 
                        the amounts received under the grant allocated 
                        to reducing the backlog of DNA case work in 
                        sexual assault cases;</DELETED>
                        <DELETED>    ``(ii) for each case that is in a 
                        backlog for DNA case work, the identity of each 
                        agency, office, or contractor of the State or 
                        unit of local government in which work 
                        necessary to complete the DNA analysis is 
                        pending; and</DELETED>
                        <DELETED>    ``(iii) any other information the 
                        Attorney General determines 
                        appropriate.</DELETED>
                <DELETED>    ``(B) Compilation.--The Attorney General 
                shall annually compile and publish the reports 
                submitted under subparagraph (A) on the website of the 
                Department of Justice.</DELETED>
<DELETED>    ``(e) Formula for Distribution of Grants.--</DELETED>
        <DELETED>    ``(1) In general.--Subject to paragraphs (2) and 
        (3), the Attorney General shall distribute grant amounts, and 
        establish appropriate grant conditions under this section, in 
        conformity with a formula or formulas that are designed to 
        effectuate a distribution of funds among States and units of 
        local government applying for grants under this section that--
        </DELETED>
                <DELETED>    ``(A) maximizes the effective use of DNA 
                technology to solve crimes and protect public safety; 
                and</DELETED>
                <DELETED>    ``(B) allocates grants among States and 
                units of local government fairly and efficiently, 
                across rural and urban jurisdictions, to address States 
                and units of local government in which significant 
                backlogs for DNA case work exist, by considering--
                </DELETED>
                        <DELETED>    ``(i) the number of offender and 
                        casework samples awaiting DNA analysis in a 
                        State or unit of local government;</DELETED>
                        <DELETED>    ``(ii) the population in the State 
                        or unit of local government;</DELETED>
                        <DELETED>    ``(iii) the number of part 1 
                        violent crimes in the State or unit of local 
                        government; and</DELETED>
                        <DELETED>    ``(iv) the availability of 
                        resources to train emergency response 
                        providers, law enforcement personnel, 
                        prosecutors, and crime laboratory personnel on 
                        the effectiveness of appropriate and timely DNA 
                        collection, processing, and analysis.</DELETED>
        <DELETED>    ``(2) Minimum amount.--The Attorney General shall 
        allocate to each State not less than 0.50 percent of the total 
        amount appropriated in a fiscal year for grants under this 
        section, except that the United States Virgin Islands, American 
        Samoa, Guam, and the Northern Mariana Islands shall each be 
        allocated 0.125 percent of the total amount appropriated in a 
        fiscal year for grants under this section.</DELETED>
        <DELETED>    ``(3) Limitation.--In distributing grant amounts 
        under paragraph (1), the Attorney General shall ensure that for 
        each of fiscal years 2012 through 2016, not less than 40 
        percent of the grant amounts are awarded for purposes described 
        in subsection (d)(1)(B).</DELETED>
<DELETED>    ``(f) Restrictions on Use of Fund.--</DELETED>
        <DELETED>    ``(1) Nonsupplanting.--Funds made available under 
        this section shall not be used to supplant funds of a State or 
        unit of local government, and shall be used to increase the 
        amount of funds that would, in the absence of Federal funds, be 
        made available from the State or unit of local government for 
        the purposes described in this Act.</DELETED>
        <DELETED>    ``(2) Administrative costs.--A State or unit of 
        local government may not use more than 3 percent of the amounts 
        made available under a grant under this section for 
        administrative expenses relating to the grant.</DELETED>
<DELETED>    ``(g) Reports to the Attorney General.--Each State or unit 
of local government that receives a grant under this section shall 
submit to the Attorney General, for each year in which funds from a 
grant received under this section are expended, a report at such time 
and in such manner as the Attorney General may reasonably require, that 
contains--</DELETED>
        <DELETED>    ``(1) a summary of the activities carried out 
        under the grant and an assessment of whether such activities 
        are meeting the needs identified in the application; 
        and</DELETED>
        <DELETED>    ``(2) such other information as the Attorney 
        General may require.</DELETED>
<DELETED>    ``(h) Reports to Congress.--Not later than 90 days after 
the end of each fiscal year for which grants are made under this 
section, the Attorney General shall submit to Congress a report that 
includes--</DELETED>
        <DELETED>    ``(1) the aggregate amount of grants made under 
        this section to each State or unit of local government for the 
        fiscal year;</DELETED>
        <DELETED>    ``(2) a summary of the information provided by 
        States or units of local government receiving grants under this 
        section; and</DELETED>
        <DELETED>    ``(3) a description of the priorities and plan for 
        awarding grants among eligible States and units of local 
        government, and how the plan will ensure the effective use of 
        DNA technology to solve crimes and protect public 
        safety.</DELETED>
<DELETED>    ``(i) Expenditure Records.--</DELETED>
        <DELETED>    ``(1) In general.--Each State or unit of local 
        government that receives a grant under this section shall keep 
        such records as the Attorney General may require to facilitate 
        an effective audit of the receipt and use of grant funds 
        received under this section.</DELETED>
        <DELETED>    ``(2) Access.--Each State or unit of local 
        government that receives a grant under this section shall make 
        available, for the purpose of audit and examination, any 
        records relating to the receipt or use of the grant.</DELETED>
<DELETED>    ``(j) Use of Funds for Accreditation and Audits.--The 
Attorney General may distribute not more than 1 percent of the amounts 
made available for grants under this section for a fiscal year--
</DELETED>
        <DELETED>    ``(1) to States or units of local government to 
        defray the costs incurred by laboratories operated by each such 
        State or unit of local government in preparing for 
        accreditation or reaccreditation;</DELETED>
        <DELETED>    ``(2) in the form of additional grants to States, 
        units of local government, or nonprofit professional 
        organizations of persons actively involved in forensic science 
        and nationally recognized within the forensic science community 
        to--</DELETED>
                <DELETED>    ``(A) defray the costs of external audits 
                of laboratories operated by the State or unit of local 
                government, which participates in the National DNA 
                Index System, to determine whether the laboratory is in 
                compliance with quality assurance standards;</DELETED>
                <DELETED>    ``(B) assess compliance with any plans 
                submitted to the Director that detail the use of funds 
                received by States or units of local government under 
                this section; and</DELETED>
                <DELETED>    ``(C) support capacity building efforts; 
                and</DELETED>
        <DELETED>    ``(3) in the form of additional grants to 
        nonprofit professional associations actively involved in 
        forensic science and nationally recognized within the forensic 
        science community to defray the costs of training persons who 
        conduct external audits of laboratories operated by States and 
        units of local government and which participate in the National 
        DNA Index System.</DELETED>
<DELETED>    ``(k) Use of Funds for Other Forensic Sciences.--The 
Attorney General may make a grant under this section to a State or unit 
of local government to alleviate a backlog of cases with respect to a 
forensic science other than DNA analysis if the State or unit of local 
government--</DELETED>
        <DELETED>    ``(1) certifies to the Attorney General that in 
        such State or unit--</DELETED>
                <DELETED>    ``(A) all of the purposes set forth in 
                subsections (c) and (d) have been met;</DELETED>
                <DELETED>    ``(B) there is not a backlog for DNA case 
                work, as defined by the Director in accordance with 
                subsection (b)(3); and</DELETED>
                <DELETED>    ``(C) there is no need for significant 
                laboratory equipment, supplies, or additional personnel 
                for timely processing of DNA case work or offender 
                samples; and</DELETED>
        <DELETED>    ``(2) demonstrates to the Attorney General that 
        the State or unit of local government requires assistance in 
        alleviating a backlog of cases involving a forensic science 
        other than DNA analysis.</DELETED>
<DELETED>    ``(l) External Audits and Remedial Efforts.--If a 
laboratory operated by a State or unit of local government which has 
received funds under this section has undergone an external audit 
conducted to determine whether the laboratory is in compliance with 
standards established by the Director of the Federal Bureau of 
Investigation, and, as a result of the audit, identifies measures to 
remedy deficiencies with respect to the compliance by the laboratory 
with the standards, the State or unit of local government shall 
implement any such remediation as soon as practicable.</DELETED>
<DELETED>    ``(m) Penalty for Noncompliance.--</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General shall 
        annually compile a list of the States and units of local 
        government receiving a grant under this section that have 
        failed to provide the information required under subsection 
        (c)(4)(A), (d)(5)(A), or (g). The Attorney General shall 
        publish each list complied under this paragraph on the website 
        of the Department of Justice.</DELETED>
        <DELETED>    ``(2) Reduction in grant funds.--For any State or 
        local government that the Attorney General determines has 
        failed to provide the information required under subsection 
        (c)(4)(A), (d)(5)(A), or (g), the Attorney General may not 
        award a grant under this section for the fiscal year after the 
        fiscal year to which the determination relates in an amount 
        that is more than 50 percent of the amount the State or local 
        government would have otherwise received.</DELETED>
<DELETED>    ``(n) Authorization of Appropriations.--There are 
authorized to be appropriated to the Attorney General for grants under 
subsections (c) and (d) $151,000,000 for each of fiscal years 2012 
through 2016.''.</DELETED>
<DELETED>    (b) Report.--</DELETED>
        <DELETED>    (1) In general.--Not later than 90 days after the 
        date of enactment of this Act, the Director of the Federal 
        Bureau of Investigation shall evaluate the policies, standards, 
        and protocols relating to the use of private laboratories in 
        the analysis of DNA evidence, including the mandatory technical 
        review of all outsourced DNA evidence by public laboratories 
        prior to uploading DNA profiles into the Combined DNA Index 
        System of the Federal Bureau of Investigation. The evaluation 
        shall take into consideration the need to reduce DNA evidence 
        backlogs while guaranteeing the integrity of the Combined DNA 
        Index System.</DELETED>
        <DELETED>    (2) Report to congress.--Not later than 30 days 
        after the date on which the Director of the Federal Bureau of 
        Investigation completes the evaluation under paragraph (1), the 
        Director shall submit to Congress a report of the findings of 
        the evaluation and any proposed policy changes.</DELETED>
<DELETED>    (c) Transition Provision.--</DELETED>
        <DELETED>    (1) Definition.--In this subsection, the term 
        ``transition date'' means the day after the latter of--
        </DELETED>
                <DELETED>    (A) the date on which the Director of the 
                National Institute of Justice publishes a definition of 
                the term ``backlog for DNA case work'' in accordance 
                with section 2(b)(3) of the DNA Analysis Backlog 
                Elimination Act of 2000, as amended by subsection (a); 
                and</DELETED>
                <DELETED>    (B) the date on which the Director of the 
                National Institute of Justice publishes a description 
                of protocols and practices in accordance with section 
                2(b)(1) of the DNA Analysis Backlog Elimination Act of 
                2000, as amended by subsection (a).</DELETED>
        <DELETED>    (2) Grant authority.--Notwithstanding the 
        amendments made by subsection (a)--</DELETED>
                <DELETED>    (A) the Attorney General may make grants 
                under section 2 of the DNA Analysis Backlog Elimination 
                Act of 2000 (42 U.S.C. 14135), as in effect on the day 
                before the date of enactment of this Act, until the 
                transition date; and</DELETED>
                <DELETED>    (B) the Attorney General may not make a 
                grant under section 2 of the DNA Analysis Backlog 
                Elimination Act of 2000, as amended by subsection (a), 
                until the transition date.</DELETED>

<DELETED>SEC. 5. RAPE EXAM PAYMENTS.</DELETED>

<DELETED>    Section 2010 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg-4) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)--</DELETED>
                <DELETED>    (A) by striking ``entity incurs the full'' 
                and inserting the following: ``entity--</DELETED>
                <DELETED>    ``(A) incurs the full'';</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(B) coordinates with regional health 
                care providers to notify victims of sexual assault of 
                the availability of rape exams at no cost to the 
                victims.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by adding ``or'' at 
                the end;</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``; or'' 
                and inserting a period; and</DELETED>
                <DELETED>    (C) by striking paragraph (3); 
                and</DELETED>
        <DELETED>    (3) in subsection (d), by striking ``(d) Rule of 
        Construction.--'' and all that follows through the end of 
        paragraph (1) and inserting the following:</DELETED>
<DELETED>    ``(d) Noncooperation.--</DELETED>
        <DELETED>    ``(1) In general.--To be in compliance with this 
        section, a State, Indian tribal government, or unit of local 
        government shall comply with subsection (b) without regard to 
        whether the victim participates in the criminal justice system 
        or cooperates with law enforcement.''.</DELETED>

<DELETED>SEC. 6. ADDITIONAL REAUTHORIZATIONS.</DELETED>

<DELETED>    (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 ``fiscal years 2005 through 2009'' and inserting ``fiscal 
years 2012 through 2016''.</DELETED>
<DELETED>    (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 ``fiscal years 2005 through 2009'' and inserting ``fiscal 
years 2012 through 2016''.</DELETED>
<DELETED>    (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 2012 through 2016''.</DELETED>

<DELETED>SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
              GRANTS.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) in subparagraph (H), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (I), by striking the period at 
        the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(K) $35,000,000 for each of fiscal years 
                2012 through 2016.''.</DELETED>

<DELETED>SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN STATE 
              CAPITAL CASES.</DELETED>

<DELETED>    Section 426 of the Justice for All Act of 2004 (42 U.S.C. 
14163e) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``$75,000,000 
        for each of fiscal years 2005 through 2009'' and inserting 
        ``$50,000,000 for each of fiscal years 2012 through 2016''; 
        and</DELETED>
        <DELETED>    (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.''.</DELETED>

<DELETED>SEC. 9. POST-CONVICTION DNA TESTING.</DELETED>

<DELETED>    (a) In General.--Section 3600 of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)(B)(i), by striking 
                ``death''; and</DELETED>
                <DELETED>    (B) in paragraph (3)(A), by striking ``and 
                the applicant did not--'' and all that follows through 
                ``knowingly fail to request'' and inserting ``and the 
                applicant did not knowingly fail to request''; 
                and</DELETED>
        <DELETED>    (2) in subsection (g)(2)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by striking ``establish by compelling evidence'' 
                and inserting ``establish by a preponderance of the 
                evidence''; and</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking 
                ``death''.</DELETED>
<DELETED>    (b) Preservation of Biological Evidence.--Section 3600A(c) 
of title 18, United States Code, is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (2); and</DELETED>
        <DELETED>    (2) by redesignating paragraphs (3), (4), and (5) 
        as paragraphs (2), (3), and (4), respectively.</DELETED>

<DELETED>SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF 
              CLAIMS OF ACTUAL INNOCENCE.</DELETED>

<DELETED>    (a) In General.--Section 413 of the Justice for All Act of 
2004 (42 U.S.C. 14136 note) is amended--</DELETED>
        <DELETED>    (1) in the matter preceding paragraph (1), by 
        striking ``fiscal years 2005 through 2009'' and inserting 
        ``fiscal years 2012 through 2016''; and</DELETED>
        <DELETED>    (2) by striking paragraph (2) and inserting the 
        following:</DELETED>
        <DELETED>    ``(2) 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--</DELETED>
                <DELETED>    ``(A) provides DNA testing of specified 
                evidence under a State statute to persons convicted 
                after trial and under a sentence of imprisonment or 
                death for a State felony offense, in a manner that 
                ensures a reasonable process for resolving claims of 
                actual innocence consistent with section 3600(a) of 
                title 18, United States Code (which may include making 
                post-conviction DNA testing available in cases in which 
                the testing would not be required under that section) 
                and, if the results of the testing exclude the 
                applicant as the perpetrator of the offense, permits 
                the applicant to apply for post-conviction relief, 
                notwithstanding any provision of law that would 
                otherwise bar the application as untimely; 
                and</DELETED>
                <DELETED>    ``(B) preserves biological evidence 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 a State 
                felony offense (including, at a minimum murder, non-
                negligent manslaughter and sexual offenses) in a manner 
                consistent with section 3600A of title 18, United 
                States (which may require preservation of biological 
                evidence for longer than the period of time that the 
                evidence would be required to be preserved under that 
                section).''.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Section 412(b) of 
the Justice for All Act of 2004 (42 U.S.C. 14136e(b)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``fiscal years 2005 through 2009'' 
        and inserting ``fiscal years 2012 through 2016''; and</DELETED>
        <DELETED>    (2) by striking ``$5,000,000'' and inserting 
        ``$10,000,000''.</DELETED>

<DELETED>SEC. 11. ESTABLISHMENT OF NATIONAL STANDARDS PROMULGATED BY 
              NIJ.</DELETED>

<DELETED>    (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:</DELETED>

<DELETED>``SEC. 414. ESTABLISHMENT OF NATIONAL STANDARDS PROMULGATED BY 
              NIJ.</DELETED>

<DELETED>    ``(a) In General.--The Director of the National Institute 
of Justice shall--</DELETED>
        <DELETED>    ``(1) establish best practices for evidence 
        retention; and</DELETED>
        <DELETED>    ``(2) assist State, local, and tribal governments 
        in adopting and implementing the best practices established 
        under paragraph (1).</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``Sec. 414. Establishment of national standards promulgated by 
                            NIJ.''.

<DELETED>SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL 
              JUSTICE.</DELETED>

<DELETED>    (a) Short Title.--This section may be cited as the 
``Effective Administration of Criminal Justice Act of 2011''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before ``To 
        request a grant''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(6) A comprehensive State-wide plan detailing 
        how grants received under this section will be used to improve 
        the administration of the criminal justice system, which 
        shall--</DELETED>
                <DELETED>    ``(A) be designed in consultation with 
                local governments, and all segments of the criminal 
                justice system, including judges, prosecutors, law 
                enforcement personnel, corrections personnel, and 
                providers of indigent defense services, victim 
                services, juvenile justice delinquency prevention 
                programs, community corrections, and reentry 
                services;</DELETED>
                <DELETED>    ``(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);</DELETED>
                <DELETED>    ``(C) describe the process used by the 
                State for gathering evidence-based data and developing 
                and using evidence-based and evidence-gathering 
                approaches in support of funding decisions; 
                and</DELETED>
                <DELETED>    ``(D) be updated every 5 years, with 
                annual progress reports that--</DELETED>
                        <DELETED>    ``(i) address changing 
                        circumstances in the State, if any;</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(iii) provide an ongoing 
                        assessment of need;</DELETED>
                        <DELETED>    ``(iv) discuss the accomplishment 
                        of goals identified in any plan previously 
                        prepared under this paragraph; and</DELETED>
                        <DELETED>    ``(v) reflect how the plan 
                        influenced funding decisions in the previous 
                        year.</DELETED>
<DELETED>    ``(b) Technical Assistance.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) public dissemination of practices, 
                structures, or models for the administration of justice 
                consistent with the requirements of the Sixth 
                Amendment; and</DELETED>
                <DELETED>    ``(B) assistance with adopting and 
                implementing a system for the administration of justice 
                consistent with the requirements of the Sixth 
                Amendment.</DELETED>
        <DELETED>    ``(3) Authorization of appropriations.--There is 
        authorized to be appropriated $5,000,000 for each of fiscal 
        years 2012 through 2016 to carry out this 
        subsection.''.</DELETED>
<DELETED>    (c) Protection of Constitutional Rights.--</DELETED>
        <DELETED>    (1) Unlawful conduct.--It shall be unlawful for 
        any governmental authority, or any agent thereof, or any person 
        acting on behalf of a governmental authority, to engage in a 
        pattern or practice of conduct by officials or employees of any 
        governmental agency with responsibility for the administration 
        of justice, including the administration of programs or 
        services that provide appointed counsel to indigent defendants, 
        that deprives persons of their rights to assistance of counsel 
        as protected under the Sixth Amendment and Fourteenth Amendment 
        to the Constitution of the United States.</DELETED>
        <DELETED>    (2) Civil action by attorney general.--Whenever 
        the Attorney General has reasonable cause to believe that a 
        violation of paragraph (1) has occurred, the Attorney General, 
        for or in the name of the United States, may, in a civil 
        action, obtain appropriate equitable and declaratory relief to 
        eliminate the pattern or practice.</DELETED>
        <DELETED>    (3) Effective date.--This subsection shall take 
        effect 2 years after the date of enactment of this 
        Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for All Reauthorization Act 
of 2012''.

                         TITLE I--CRIME VICTIMS

SEC. 101. CRIME VICTIMS' RIGHTS.

    (a) In General.--Section 3771 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by adding at the end the following:
            ``(9) The right to be informed of the rights under this 
        section and the services described in section 503(c) of the 
        Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
        10607(c)) and provided contact information for the Office of 
        the Victims' Rights Ombudsman of the Department of Justice.'';
            (2) in subsection (d)(3), in the fifth sentence, by 
        inserting ``, unless the litigants, with the approval of the 
        court, have stipulated to a different time period for 
        consideration'' before the period; and
            (3) in subsection (e)--
                    (A) by striking ``this chapter, the term'' and 
                inserting the following: ``this chapter:
            ``(1) Court of appeals.--The term `court of appeals' 
        means--
                    ``(A) the United States court of appeals for the 
                judicial district in which a defendant is being 
                prosecuted; or
                    ``(B) for a prosecution in the Superior Court of 
                the District of Columbia, the District of Columbia 
                Court of Appeals.
            ``(2) Crime victim.--
                    ``(A) In general.--The term'';
                    (B) by striking ``In the case'' and inserting the 
                following:
                    ``(B) Minors and certain other victims.--In the 
                case''; and
                    (C) by adding at the end the following:
            ``(3) District court; court.--The terms `district court' 
        and `court' include the Superior Court of the District of 
        Columbia.''.
    (b) Crime Victims Fund.--Section 1402(d)(3) of the Victims of Crime 
Act of 1984 (42 U.S.C.10601(d)(3)) is amended by--
            (1) inserting ``(A)'' before ``Of the sums''; and
            (2) by adding at the end the following:
            ``(B) Amounts made available under subparagraph (A) may not 
        be used for any purpose that is not specified in subparagraph 
        (A).''.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS FOR CRIME VICTIMS.

    (a) Crime Victims Legal Assistance Grants.--Section 103(b) of the 
Justice for All Act of 2004 (Public Law 108-405; 118 Stat. 2264) is 
amended--
            (1) in paragraph (1), by striking ``$2,000,000'' and all 
        that follows through ``2009'' and inserting ``$5,000,000 for 
        each of fiscal years 2013, 2014, 2015, 2016, and 2017'';
            (2) in paragraph (2), by striking ``$2,000,000'' and all 
        that follows through ``2009,'' and inserting ``$5,000,000 for 
        each of fiscal years 2013, 2014, 2015, 2016, and 2017'';
            (3) in paragraph (3), by striking ``$300,000'' and all that 
        follows through ``2009,'' and inserting ``$500,000 for each of 
        fiscal years 2013, 2014, 2015, 2016, and 2017'';
            (4) in paragraph (4), by striking ``$7,000,000'' and all 
        that follows through ``2009,'' and inserting ``$11,000,000 for 
        each of fiscal years 2013, 2014, 2015, 2016, and 2017''; and
            (5) in paragraph (5), by striking ``$5,000,000'' and all 
        that follows through ``2009,'' and inserting ``$7,000,000 for 
        each of fiscal years 2013, 2014, 2015, 2016, and 2017''.
    (b) Crime Victims Notification Grants.--Section 1404E(c) of the 
Victims of Crime Act of 1984 (42 U.S.C. 10603e(c)) is amended by 
striking ``this
section--'' and all that follows and inserting ``this section 
$5,000,000 for each of fiscal years 2013, 2014, 2015, 2016, and 
2017.''.

SEC. 103. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    (a) In General.--Section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135) is amended to read as follows:

``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Awaiting testing.--The term `awaiting testing', with 
        respect to DNA case work, has the meaning given that term by 
        the Director, in accordance with subsection (b)(3).
            ``(2) Backlog for dna case work.--The term `backlog for DNA 
        case work' has the meaning given that term by the Director, in 
        accordance with subsection (b)(3).
            ``(3) Combined dna index system.--The term `Combined DNA 
        Index System' means the Combined DNA Index System of the 
        Federal Bureau of Investigation.
            ``(4) Director.--The term `Director' means the Director of 
        the National Institute of Justice.
            ``(5) Emergency response provider.--The term `emergency 
        response provider' has the meaning given that term in section 2 
        of the Homeland Security Act of 2002 (6 U.S.C. 101).
            ``(6) Possession.--The term `possession', with respect to 
        DNA case work, has the meaning given that term by the Director, 
        in accordance with subsection (b)(3).
            ``(7) State.--The term `State' means a State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, American Samoa, Guam, 
        and the Northern Mariana Islands.
    ``(b) Establishment of Protocols, Technical Assistance, and 
Definitions of Evidence Backlog for DNA Case Work.--
            ``(1) Protocols and practices.--Not later than 18 months 
        after the date of enactment of the Justice for All 
        Reauthorization Act of 2012, the Director, in consultation with 
        Federal, State, and local law enforcement agencies and 
        government laboratories, shall develop and publish a 
        description of protocols and practices the Director considers 
        appropriate for the accurate, timely, and effective collection 
        and processing of DNA evidence, including protocols and 
        practices specific to sexual assault cases, which shall address 
        appropriate steps in the investigation of cases that might 
        involve DNA evidence, including--
                    ``(A) how to determine--
                            ``(i) which evidence is to be collected by 
                        law enforcement personnel and forwarded for 
                        testing;
                            ``(ii) the preferred order in which 
                        evidence from the same case is to be tested; 
                        and
                            ``(iii) what information to take into 
                        account when establishing the order in which 
                        evidence from different cases is to be tested;
                    ``(B) the establishment of a reasonable period of 
                time in which evidence is to be forwarded by emergency 
                response providers, law enforcement personnel, and 
                prosecutors to a laboratory for testing;
                    ``(C) the establishment of reasonable periods of 
                time in which each stage of analytical laboratory 
                testing is to be completed;
                    ``(D) systems to encourage communication within a 
                State or unit of local government among emergency 
                response providers, law enforcement personnel, 
                prosecutors, courts, defense counsel, crime laboratory 
                personnel, and crime victims regarding the status of 
                crime scene evidence to be tested; and
                    ``(E) standards for conducting the audit of the 
                backlog for DNA case work in sexual assault cases 
                required under subsection (c)(5).
            ``(2) Technical assistance and training.--The Director 
        shall make available technical assistance and training to 
        support States and units of local government in adopting and 
        implementing the protocols and practices developed under 
        paragraph (1) on and after the date on which the protocols and 
        practices are published.
            ``(3) Definitions.--The Director, in consultation with 
        Federal, State, and local law enforcement agencies and 
        government laboratories, shall develop and publish, for 
        purposes of this section, definitions of--
                    ``(A) the term `awaiting testing', which shall take 
                into account the need for testing of the sample to 
                close an open investigation;
                    ``(B) the term `backlog for DNA case work', which--
                            ``(i) shall take into consideration the 
                        different stages at which a backlog may 
                        develop, including the investigation and 
                        prosecution of a crime by law enforcement 
                        personnel, prosecutors, and others, and the 
                        laboratory analysis of crime scene samples; and
                            ``(ii) may include different criteria or 
                        thresholds for the different stages; and
                    ``(C) the term `possession'.
    ``(c) Authorization of Grants.--
            ``(1) Purpose.--The Attorney General may make grants to 
        States or units of local government to--
                    ``(A) carry out, for inclusion in the Combined DNA 
                Index System, DNA analyses of samples collected under 
                applicable legal authority;
                    ``(B) carry out, for inclusion in the Combined DNA 
                Index System, DNA analyses of samples from crime 
                scenes, including samples from rape kits, samples from 
                other sexual assault evidence, and samples taken in 
                cases without an identified suspect;
                    ``(C) increase the capacity of laboratories owned 
                by the State or unit of local government to carry out 
                DNA analyses of samples specified in subparagraph (A) 
                or (B);
                    ``(D) ensure that DNA testing and analysis of 
                samples from crimes, including sexual assault and other 
                violent crimes against persons, are carried out in a 
                timely manner;
                    ``(E) ensure that the collection and processing of 
                DNA evidence by law enforcement agencies from crimes, 
                including sexual assault and other violent crimes 
                against persons, is carried out in an appropriate and 
                timely manner and in accordance with the protocols and 
                practices developed under subsection (b)(1);
                    ``(F) ensure effective communication regarding the 
                status of crime scene evidence to be tested among 
                emergency response providers, law enforcement 
                personnel, prosecutors, courts, defense counsel, crime 
                laboratory personnel, victim service professionals who 
                work for law enforcement agencies or prosecutors' 
                offices, and crime victims, which may include the 
                development and implementation of an evidence tracking 
                system in accordance with the protocols and practices 
                developed under subsection (b)(1);
                    ``(G) collect DNA samples as described in 
                subparagraph (A); and
                    ``(H) make awards under the Katie Sepich Enhanced 
                DNA Collection Act of 2012.
            ``(2) Application.--A State or unit of local government 
        desiring a grant under this subsection shall submit to the 
        Attorney General an application in such form and containing 
        such information as the Attorney General may require, which 
        shall include--
                    ``(A) assurances that the State or unit of local 
                government has implemented, or will implement not later 
                than 120 days after the date of the award of the grant, 
                a comprehensive plan--
                            ``(i) for the expeditious collection, 
                        processing, and analysis of DNA evidence in 
                        accordance with this section; and
                            ``(ii) that requires a State or unit of 
                        local government that is awarded a grant under 
                        paragraph (1)(E) to--
                                    ``(I) adopt the appropriate 
                                protocols and practices developed under 
                                subsection (b)(1); and
                                    ``(II) provide training with 
                                respect to the protocols and procedures 
                                for appropriate personnel within a 
                                reasonable time after the promulgation 
                                of the protocols and practices;
                    ``(B) a certification that each DNA analysis 
                carried out under the plan shall be maintained in 
                accordance with the privacy requirements described in 
                section 210304(b)(3) of the Violent Crime Control and 
                Law Enforcement Act of 1994 (42 U.S.C. 14132(b)(3));
                    ``(C) if submitted by a unit of local government, a 
                certification that the unit of local government has 
                taken, or is taking, all appropriate steps to ensure 
                that the unit of local government is eligible to 
                include in the Combined DNA Index System, directly or 
                through a State law enforcement agency that is 
                responsible for Combined DNA Index System database 
                operation and administration, all analyses of samples 
                for which the unit of local government has requested 
                funding; and
                    ``(D) an estimation of the percentage of the 
                amounts received under the grant that the State or unit 
                of local government shall use for each purpose 
                described in paragraph (1) for which the State or unit 
                of local government received the grant.
            ``(3) Analysis of samples.--
                    ``(A) In general.--A plan described in paragraph 
                (2)(A) shall require that, except as provided in 
                paragraph (4), each DNA analysis be carried out in a 
                laboratory that--
                            ``(i) satisfies quality assurance standards 
                        as specified in subparagraph (B); and
                            ``(ii) is--
                                    ``(I) operated by the State or a 
                                unit of local government; or
                                    ``(II) operated by a private entity 
                                pursuant to a contract with the State 
                                or a unit of local government.
                    ``(B) Quality assurance standards.--
                            ``(i) In general.--The Director of the 
                        Federal Bureau of Investigation shall maintain 
                        and make available to States and units of local 
                        government a description of quality assurance 
                        protocols and practices that the Director of 
                        the Federal Bureau of Investigation considers 
                        adequate to assure the quality of a forensic 
                        laboratory.
                            ``(ii) Existing standards.--For purposes of 
                        this paragraph, a laboratory satisfies quality 
                        assurance standards if the laboratory satisfies 
                        the quality control requirements described in 
                        paragraphs (1) and (2) of section 210304(b) of 
                        the Violent Crime Control and Law Enforcement 
                        Act of 1994 (42 U.S.C. 14132(b)).
            ``(4) Use of vouchers or contracts for certain purposes.--
                    ``(A) In general.--A grant for a purpose specified 
                in subparagraph (A), (B), or (D) of paragraph (1) may 
                be made in the form of a voucher or contract for 
                laboratory services, even if the laboratory makes a 
                reasonable profit for the services.
                    ``(B) Redemption.--A voucher or contract under 
                subparagraph (A) may be redeemed at a laboratory 
                operated on a nonprofit or for-profit basis, by a 
                private entity that satisfies quality assurance 
                standards as specified by paragraph (3)(B) and has been 
                approved by the Attorney General.
                    ``(C) Payments.--The Attorney General may use 
                amounts appropriated to carry out this section to make 
                payments to a laboratory described under subparagraph 
                (B).
            ``(5) Audits and publication of dna backlogs in sexual 
        assault cases.--
                    ``(A) In general.--A plan described in paragraph 
                (2)(A) shall require the State or unit of local 
                government to submit to the Attorney General an audit 
                every 2 years reflecting the backlog for DNA case work 
                in sexual assault cases within the jurisdiction in 
                which the funds will be used, including a specific 
                breakdown of cases, as determined by the Director (in 
                consultation with Federal, State, and local law 
                enforcement agencies and government laboratories under 
                subsection (b)(1)), and the percentage of the amounts 
                received under the grant allocated to reducing the 
                backlog of DNA case work in sexual assault cases.
                    ``(B) Compilation.--The Attorney General shall 
                annually compile and publish the audits submitted under 
                subparagraph (A) on the website of the Department of 
                Justice.
    ``(d) Formula for Distribution of Grants.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Attorney General shall distribute grant amounts, and establish 
        appropriate grant conditions under this section, in conformity 
        with a formula or formulas that are designed to effectuate a 
        distribution of funds among States and units of local 
        government applying for grants under this section that--
                    ``(A) maximizes the effective use of DNA technology 
                to solve crimes and protect public safety; and
                    ``(B) allocates grants among States and units of 
                local government fairly and efficiently, across rural 
                and urban jurisdictions, to address States and units of 
                local government in which significant backlogs for DNA 
                case work exist, by considering--
                            ``(i) the number of offender and casework 
                        samples awaiting testing in a State or unit of 
                        local government;
                            ``(ii) the population in the State or unit 
                        of local government;
                            ``(iii) the number of part 1 violent crimes 
                        in the State or unit of local government; and
                            ``(iv) the availability of resources to 
                        train emergency response providers, law 
                        enforcement personnel, prosecutors, and crime 
                        laboratory personnel on the effectiveness of 
                        appropriate and timely DNA collection, 
                        processing, and analysis.
            ``(2) Minimum amount.--The Attorney General shall allocate 
        to each State not less than 0.50 percent of the total amount 
        appropriated in a fiscal year for grants under this section, 
        except that the United States Virgin Islands, American Samoa, 
        Guam, and the Northern Mariana Islands shall each be allocated 
        0.125 percent of the total amount appropriated in a fiscal year 
        for grants under this section.
            ``(3) Limitation.--In distributing grant amounts under 
        paragraph (1), the Attorney General shall ensure that for each 
        of fiscal years 2013 through 2017, not less than 75 percent of 
        the grant amounts are awarded for purposes described in 
        subparagraphs (A), (B), or (C) of subsection (c)(1).
            ``(4) Audit limitation.--Not more than 3 percent of the 
        amount awarded under a grant under this section may be used to 
        conduct an audit under subsection (c)(5).
    ``(e) Restrictions on Use of Funds.--
            ``(1) Nonsupplanting.--Funds made available under this 
        section shall not be used to supplant funds of a State or unit 
        of local government, and shall be used to increase the amount 
        of funds that would, in the absence of Federal funds, be made 
        available from the State or unit of local government for the 
        purposes described in this Act.
            ``(2) Administrative costs.--A State or unit of local 
        government may not use more than 3 percent of the amounts made 
        available under a grant under this section for administrative 
        expenses relating to the grant.
    ``(f) Reports to the Attorney General.--Each State or unit of local 
government that receives a grant under this section shall submit to the 
Attorney General, for each year in which funds from a grant received 
under this section are expended, a report at such time and in such 
manner as the Attorney General may reasonably require, that contains--
            ``(1) a summary of the activities carried out under the 
        grant and an assessment of whether such activities are meeting 
        the needs identified in the application; and
            ``(2) such other information as the Attorney General may 
        require.
    ``(g) Reports to Congress.--Not later than 90 days after the end of 
each fiscal year for which grants are made under this section, the 
Attorney General shall submit to Congress a report that includes--
            ``(1) the aggregate amount of grants made under this 
        section to each State or unit of local government for the 
        fiscal year;
            ``(2) a summary of the information provided by States or 
        units of local government receiving grants under this section; 
        and
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible States and units of local government, and 
        how the plan will ensure the effective use of DNA technology to 
        solve crimes and protect public safety.
    ``(h) Expenditure Records.--
            ``(1) In general.--Each State or unit of local government 
        that receives a grant under this section shall keep such 
        records as the Attorney General may require to facilitate an 
        effective audit of the receipt and use of grant funds received 
        under this section.
            ``(2) Access.--Each State or unit of local government that 
        receives a grant under this section shall make available, for 
        the purpose of audit and examination, any records relating to 
        the receipt or use of the grant.
    ``(i) Use of Funds for Accreditation and Audits.--The Attorney 
General may distribute not more than 1 percent of the amounts made 
available for grants under this section for a fiscal year--
            ``(1) to States or units of local government to defray the 
        costs incurred by laboratories operated by each such State or 
        unit of local government in preparing for accreditation or 
        reaccreditation;
            ``(2) in the form of additional grants to States, units of 
        local government, or nonprofit professional organizations of 
        persons actively involved in forensic science and nationally 
        recognized within the forensic science community to--
                    ``(A) defray the costs of external audits of 
                laboratories operated by the State or unit of local 
                government, which participates in the National DNA 
                Index System, to determine whether the laboratory is in 
                compliance with quality assurance standards;
                    ``(B) assess compliance with any plans submitted to 
                the Director that detail the use of funds received by 
                States or units of local government under this section; 
                and
                    ``(C) support capacity building efforts; and
            ``(3) in the form of additional grants to nonprofit 
        professional associations actively involved in forensic science 
        and nationally recognized within the forensic science community 
        to defray the costs of training persons who conduct external 
        audits of laboratories operated by States and units of local 
        government and which participate in the National DNA Index 
        System.
    ``(j) Use of Funds for Other Forensic Sciences.--The Attorney 
General may make a grant under this section to a State or unit of local 
government to alleviate a backlog of cases with respect to a forensic 
science other than DNA analysis if the State or unit of local 
government--
            ``(1) certifies to the Attorney General that in such State 
        or unit--
                    ``(A) all of the purposes set forth in subsection 
                (c) have been met;
                    ``(B) there is not a backlog for DNA case work, as 
                defined by the Director in accordance with subsection 
                (b)(3); and
                    ``(C) there is no need for significant laboratory 
                equipment, supplies, or additional personnel for timely 
                processing of DNA case work or offender samples; and
            ``(2) demonstrates to the Attorney General that the State 
        or unit of local government requires assistance in alleviating 
        a backlog of cases involving a forensic science other than DNA 
        analysis.
    ``(k) External Audits and Remedial Efforts.--If a laboratory 
operated by a State or unit of local government which has received 
funds under this section has undergone an external audit conducted to 
determine whether the laboratory is in compliance with standards 
established by the Director of the Federal Bureau of Investigation, 
and, as a result of the audit, identifies measures to remedy 
deficiencies with respect to the compliance by the laboratory with the 
standards, the State or unit of local government shall implement any 
such remediation as soon as practicable.
    ``(l) Penalty for Noncompliance.--
            ``(1) In general.--The Attorney General shall annually 
        compile a list of the States and units of local government 
        receiving a grant under this section that have failed to 
        provide the information required under subsection (c)(5)(A) or 
        (f). The Attorney General shall publish each list compiled 
        under this paragraph on the website of the Department of 
        Justice.
            ``(2) Reduction in grant funds.--For any State or local 
        government that the Attorney General determines has failed to 
        provide the information required under subsection (c)(5)(A) or 
        (f), the Attorney General may not award a grant under this 
        section for the fiscal year after the fiscal year to which the 
        determination relates in an amount that is more than 50 percent 
        of the amount the State or local government would have 
        otherwise received.
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General for grants under this section 
$151,000,000 for each of fiscal years 2013 through 2017.''.
    (b) Report.--
            (1) Evaluation.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Director of the 
                Federal Bureau of Investigation shall evaluate the 
                performance, technical proficiency, adherence to 
                quality assurance standards, and other policies, 
                standards, and protocols relating to the use of private 
                laboratories in the analysis of DNA evidence.
                    (B) Conduct of evaluation.--The evaluation under 
                this paragraph shall--
                            (i) include the mandatory technical review 
                        of the analysis of DNA evidence by a private 
                        laboratory on behalf of a public laboratory 
                        before uploading the DNA profiles into the 
                        Combined DNA Index System of the Federal Bureau 
                        of Investigation; and
                            (ii) prioritize the need to guarantee the 
                        integrity of the Combined DNA Index System.
            (2) Comments.--The Director shall provide an opportunity 
        for interested parties, including public and private 
        laboratories and State and local law enforcement agencies, to 
        comment on the findings of the evaluation under paragraph (1) 
        before the report is submitted to Congress in accordance with 
        paragraph (3).
            (3) Report to congress.--Not later than 60 days after the 
        date on which the Director of the Federal Bureau of 
        Investigation completes the evaluation under paragraph (1), the 
        Director shall submit to Congress a report of the findings of 
        the evaluation and any proposed policy changes.
    (c) Transition Provision.--
            (1) Definition.--In this subsection, the term ``transition 
        date'' means the day after the latter of--
                    (A) the date on which the Director of the National 
                Institute of Justice publishes a definition of the term 
                ``backlog for DNA case work'' in accordance with 
                section 2(b)(3) of the DNA Analysis Backlog Elimination 
                Act of 2000, as amended by subsection (a); and
                    (B) the date on which the Director of the National 
                Institute of Justice publishes a description of 
                protocols and practices in accordance with section 
                2(b)(1) of the DNA Analysis Backlog Elimination Act of 
                2000, as amended by subsection (a).
            (2) Transition.--Notwithstanding the amendments made by 
        subsection (a)--
                    (A) the Attorney General may make grants under 
                section 2 of the DNA Analysis Backlog Elimination Act 
                of 2000 (42 U.S.C. 14135), as in effect on the day 
                before the date of enactment of this Act, until the end 
                of the fiscal year during which the transition date 
                occurs; and
                    (B) the Attorney General may not make a grant under 
                section 2 of the DNA Analysis Backlog Elimination Act 
                of 2000, as amended by subsection (a), until the start 
                of the first full fiscal year after the transition 
                date.

SEC. 104. RAPE EXAM PAYMENTS.

    Section 2010 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-4) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``entity incurs the full'' and 
                inserting the following: ``entity--
                    ``(A) incurs the full'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) coordinates with regional health care 
                providers to notify victims of sexual assault of the 
                availability of rape exams at no cost to the 
                victims.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by adding ``or'' at the end;
                    (B) in paragraph (2), by striking ``; or'' and 
                inserting a period; and
                    (C) by striking paragraph (3); and
            (3) in subsection (d), by striking ``(d) Rule of 
        Construction.--'' and all that follows through the end of 
        paragraph (1) and inserting the following:
    ``(d) Noncooperation.--
            ``(1) In general.--To be in compliance with this section, a 
        State, Indian tribal government, or unit of local government 
        shall comply with subsection (b) without regard to whether the 
        victim participates in the criminal justice system or 
        cooperates with law enforcement.''.

SEC. 105. ADDITIONAL REAUTHORIZATIONS.

    (a) DNA Training and Education for Law Enforcement.--Section 303(b) 
of the Justice for All Act of 2004 (42 U.S.C. 14136(b)) is amended by 
striking ``$12,500,000 for each of fiscal years 2009 through 2014'' and 
inserting ``$5,000,000 for each of fiscal years 2013 through 2017''.
    (b) Sexual Assault Forensic Exam Program Grants.--Section 304(c) of 
the Justice for All Act of 2004 (42 U.S.C. 14136a(c)) is amended by 
striking ``$30,000,000 for each of fiscal years 2009 through 2014'' and 
inserting ``$15,000,000 for each of fiscal years 2013 through 2017''.
    (c) DNA Research and Development.--Section 305(c) of the Justice 
for All Act of 2004 (42 U.S.C. 14136b(c)) is amended by striking 
``$15,000,000 for each of fiscal years 2005 through 2009'' and 
inserting ``$5,000,000 for each of fiscal years 2013 through 2017''.
    (d) FBI DNA Programs.--Section 307(a) of the Justice for All Act of 
2004 (Public Law 108-405; 118 Stat. 2275) is amended by striking 
``$42,100,000 for each of fiscal years 2005 through 2009'' and 
inserting ``$10,000,000 for each of fiscal years 2013 through 2017''.
    (e) DNA Identification of Missing Persons.--Section 308(c) of the 
Justice for All Act of 2004 (42 U.S.C. 14136d(c)) is amended by 
striking ``fiscal years 2005 through 2009'' and inserting ``fiscal 
years 2013 through 2017''.

SEC. 106. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.

    Section 1001(a)(24) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended--
            (1) in subparagraph (H), by striking ``and'' at the end;
            (2) in subparagraph (I), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(J) $25,000,000 for each of fiscal years 2013 
                through 2017.''.

SEC. 107. IMPROVING THE QUALITY OF REPRESENTATION IN STATE CAPITAL 
              CASES.

    Section 426 of the Justice for All Act of 2004 (42 U.S.C. 14163e) 
is amended--
            (1) in subsection (a), by striking ``$75,000,000 for each 
        of fiscal years 2005 through 2009'' and inserting ``$30,000,000 
        for each of fiscal years 2013 through 2017''; 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. 108. POST-CONVICTION DNA TESTING.

    (a) In General.--Section 3600 of title 18, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)(B)(i), by striking ``death''; 
                and
                    (B) in paragraph (3)(A), by striking ``and the 
                applicant did not--'' and all that follows through 
                ``knowingly fail to request'' and inserting ``and the 
                applicant did not knowingly fail to request''; and
            (2) in subsection (g)(2)(B), by striking ``death''.
    (b) Preservation of Biological Evidence.--Section 3600A(c) of title 
18, United States Code, is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraphs (3), (4), and (5) as 
        paragraphs (2), (3), and (4), respectively.

SEC. 109. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS 
              OF ACTUAL INNOCENCE.

    (a) In General.--Section 413 of the Justice for All Act of 2004 (42 
U.S.C. 14136 note) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``fiscal years 2005 through 2009'' and inserting ``fiscal years 
        2013 through 2017''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) for eligible entities that are a State or unit of 
        local government, provide a certification by the chief legal 
        officer of the State in which the eligible entity operates or 
        the chief legal officer of the jurisdiction in which the funds 
        will be used for the purposes of the grants, that the State or 
        jurisdiction--
                    ``(A) provides DNA testing of specified evidence 
                under a State statute or a State or local rule or 
                regulation to persons convicted after trial and under a 
                sentence of imprisonment or death for a State felony 
                offense, in a manner intended to ensure a reasonable 
                process for resolving claims of actual innocence that 
                ensures post-conviction DNA testing in at least those 
                cases that would be covered by section 3600(a) of title 
                18, United States Code, had they been Federal cases, 
                and, if the results of the testing exclude the 
                applicant as the perpetrator of the offense, permits 
                the applicant to apply for post-conviction relief, 
                notwithstanding any provision of law that would 
                otherwise bar the application as untimely; and
                    ``(B) preserves biological evidence, as defined in 
                section 3600A of title 18, United States Code, under a 
                State statute or a State or local rule, regulation, or 
                practice in a manner intended to ensure that reasonable 
                measures are taken by the State or jurisdiction to 
                preserve biological evidence secured in relation to the 
                investigation or prosecution of, at a minimum, murder, 
                non-negligent manslaughter, and sexual offenses.''.
    (b) Authorization of Appropriations.--Section 412(b) of the Justice 
for All Act of 2004 (42 U.S.C. 14136e(b)) is amended--
            (1) by striking ``fiscal years 2005 through 2009'' and 
        inserting ``fiscal years 2013 through 2017''; and
            (2) by striking ``$5,000,000'' and inserting 
        ``$10,000,000''.

SEC. 110. 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 biological evidence; and
            ``(2) assist State, local, and tribal governments in 
        adopting and implementing the best practices established under 
        paragraph (1).
    ``(b) Deadline.--Not later than 1 year after the date of enactment 
of this section, the Director of the National Institute of Justice 
shall publish the best practices established under subsection (a)(1).
    ``(c) Limitation.--Nothing in this section shall be construed to 
require or obligate compliance with the best practices established 
under subsection (a)(1).''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Justice for All Act of 2004 (Public Law 108-405; 
118 Stat. 2260) is amended by inserting after the item relating to 
section 413 the following:

``Sec. 414. Establishment of best practices for evidence retention.''.

SEC. 111. EFFECTIVE ADMINISTRATION OF CRIMINAL JUSTICE.

    (a) Short Title.--This section may be cited as the ``Effective 
Administration of Criminal Justice Act of 2012''.
    (b) Strategic Planning.--Section 502 of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3752) is 
amended--
            (1) by inserting ``(a) In General.--'' before ``To request 
        a grant''; and
            (2) by adding at the end the following:
            ``(6) A comprehensive State-wide plan detailing how grants 
        received under this section will be used to improve the 
        administration of the criminal justice system, which shall--
                    ``(A) be designed in consultation with local 
                governments, and all segments of the criminal justice 
                system, including judges, prosecutors, law enforcement 
                personnel, corrections personnel, and providers of 
                indigent defense services, victim services, juvenile 
                justice delinquency prevention programs, community 
                corrections, and reentry services;
                    ``(B) include a description of how the State will 
                allocate funding within and among each of the uses 
                described in subparagraphs (A) through (G) of section 
                501(a)(1);
                    ``(C) describe the process used by the State for 
                gathering evidence-based data and developing and using 
                evidence-based and evidence-gathering approaches in 
                support of funding decisions; and
                    ``(D) be updated every 5 years, with annual 
                progress reports that--
                            ``(i) address changing circumstances in the 
                        State, if any;
                            ``(ii) describe how the State plans to 
                        adjust funding within and among each of the 
                        uses described in subparagraphs (A) through (G) 
                        of section 501(a)(1);
                            ``(iii) provide an ongoing assessment of 
                        need;
                            ``(iv) discuss the accomplishment of goals 
                        identified in any plan previously prepared 
                        under this paragraph; and
                            ``(v) reflect how the plan influenced 
                        funding decisions in the previous year.
    ``(b) Technical Assistance.--
            ``(1) Strategic planning.--Not later than 90 days after the 
        date of enactment of this subsection, the Attorney General 
        shall begin to provide technical assistance to States and local 
        governments requesting support to develop and implement the 
        strategic plan required under subsection (a)(6).
            ``(2) Protection of constitutional rights.--Not later than 
        90 days after the date of enactment of this subsection, the 
        Attorney General shall begin to provide technical assistance to 
        States and local governments, including any agent thereof with 
        responsibility for administration of justice, requesting 
        support to meet the obligations established by the Sixth 
        Amendment to the Constitution of the United States, which shall 
        include--
                    ``(A) public dissemination of practices, 
                structures, or models for the administration of justice 
                consistent with the requirements of the Sixth 
                Amendment; and
                    ``(B) assistance with adopting and implementing a 
                system for the administration of justice consistent 
                with the requirements of the Sixth Amendment.
            ``(3) Authorization of appropriations.--There is authorized 
        to be appropriated $5,000,000 for each of fiscal years 2013 
        through 2017 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. 112. 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 2013, and 
        each fiscal year thereafter, the Inspector General of the 
        Department of Justice shall conduct audits of recipients of 
        grants under this Act to prevent waste, fraud, and abuse of 
        funds by grantees. The Inspector General shall determine the 
        appropriate number of grantees to be audited each year.
            (2) Mandatory exclusion.--A recipient of grant funds under 
        this Act that is found to have an unresolved audit finding 
        shall not be eligible to receive grant funds under this Act 
        during the 2 fiscal years beginning after the 12-month period 
        described in paragraph (5).
            (3) Priority.--In awarding grants under this Act, the 
        Attorney General shall give priority to eligible entities that, 
        during the 3 fiscal years before submitting an application for 
        a grant under this Act, did not have an unresolved audit 
        finding showing a violation in the terms or conditions of a 
        Department of Justice grant program.
            (4) Reimbursement.--If an entity is awarded grant funds 
        under this Act during the 2-fiscal-year period in which the 
        entity is barred from receiving grants under paragraph (2), the 
        Attorney General shall--
                    (A) deposit an amount equal to the grant funds that 
                were improperly awarded to the grantee into the General 
                Fund of the Treasury; and
                    (B) seek to recoup the costs of the repayment to 
                the fund from the grant recipient that was erroneously 
                awarded grant funds.
            (5) Defined term.--In this section, the term ``unresolved 
        audit finding'' means an audit report finding in the final 
        audit report of the Inspector General of the Department of 
        Justice that the grantee has utilized grant funds for an 
        unauthorized expenditure or otherwise unallowable cost that is 
        not closed or resolved within a 12-month period beginning on 
        the date when the final audit report is issued.
            (6) Nonprofit organization requirements.--
                    (A) Definition.--For purposes of this section and 
                the grant programs described in this Act, the term 
                ```nonprofit organization''' means an organization that 
                is described in section 501(c)(3) of the Internal 
                Revenue Code of 1986 and is exempt from taxation under 
                section 501(a) of such Code.
                    (B) Prohibition.--The Attorney General shall not 
                award a grant under any grant program described in this 
                Act to a nonprofit organization that holds money in 
                offshore accounts for the purpose of avoiding paying 
                the tax described in section 511(a) of the Internal 
                Revenue Code of 1986.
                    (C) Disclosure.--Each nonprofit organization that 
                is awarded a grant under a grant program described in 
                this Act and uses the procedures prescribed in 
                regulations to create a rebuttable presumption of 
                reasonableness for the compensation of its officers, 
                directors, trustees and key employees, shall disclose 
                to the Attorney General, in the application for the 
                grant, the process for determining such compensation, 
                including the independent persons involved in reviewing 
                and approving such compensation, the comparability data 
                used, and contemporaneous substantiation of the 
                deliberation and decision. Upon request, the Attorney 
                General shall make the information disclosed under this 
                subsection available for public inspection.
            (7) Administrative expenses.--Unless otherwise explicitly 
        provided in authorizing legislation, not more than 7.5 percent 
        of the amounts authorized to be appropriated under this Act may 
        be used by the Attorney General for salaries and administrative 
        expenses of the Department of Justice.
            (8) Conference expenditures.--
                    (A) Limitation.--No amounts authorized to be 
                appropriated to the Department of Justice under this 
                Act may be used by the Attorney General or by any 
                individual or organization awarded discretionary funds 
                through a cooperative agreement under this Act, to host 
                or support any expenditure for conferences that uses 
                more than $20,000 in Department funds, unless the 
                Deputy Attorney General or the appropriate Assistant 
                Attorney General, Director, or principal deputy as the 
                Deputy Attorney General may designate, provides prior 
                written authorization that the funds may be expended to 
                host a conference.
                    (B) Written approval.--Written approval under 
                subparagraph (A) shall include a written estimate of 
                all costs associated with the conference, including the 
                cost of all food and beverages, audio/visual equipment, 
                honoraria for speakers, and any entertainment.
                    (C) Report.--The Deputy Attorney General shall 
                submit an annual report to the Committee on the 
                Judiciary of the Senate and the Committee on the 
                Judiciary of the House of Representatives on all 
                conference expenditures approved by operation of this 
                paragraph.
            (9) Prohibition on lobbying activity.--
                    (A) In general.--Amounts authorized to be 
                appropriated under this Act may not be utilized by any 
                grant recipient to--
                            (i) lobby any representative of the 
                        Department of Justice regarding the award of 
                        grant funding; or
                            (ii) lobby any representative of a Federal, 
                        state, local, or tribal government regarding 
                        the award of grant funding.
                    (B) Penalty.--If the Attorney General determines 
                that any recipient of a grant under this Act has 
                violated subparagraph (A), the Attorney General shall--
                            (i) require the grant recipient to repay 
                        the grant in full; and
                            (ii) prohibit the grant recipient from 
                        receiving another grant under this Act for not 
                        less than 5 years.

       TITLE II--KATIE SEPICH ENHANCED DNA COLLECTION ACT OF 2012

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Katie Sepich Enhanced DNA 
Collection Act of 2012''.

SEC. 202. DEFINITIONS.

    For purposes of this title:
            (1) Minimum dna collection process.--The term ``minimum DNA 
        collection process'' means, with respect to a State, a process 
        under which the Combined DNA Index System (CODIS) of the 
        Federal Bureau of Investigation is searched at least 1 time 
        against samples from the following individuals who are at least 
        18 years of age:
                    (A) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of murder or voluntary manslaughter.
                    (B) Individuals who are arrested for or charged 
                with a criminal offense under State law that involves a 
                sexual act or sexual contact with another and that is 
                punishable by imprisonment for more than 5 years.
                    (C) Individuals who are arrested for or charged 
                with a criminal offense under State law that involves 
                kidnapping or abduction and that is punishable by 
                imprisonment for more than 5 years.
            (2) Enhanced dna collection process.--The term ``enhanced 
        DNA collection process'' means, with respect to a State, a 
        process under which the State provides for the collection, for 
        purposes of inclusion in the Combined DNA Index System (CODIS) 
        of the Federal Bureau of Investigation, of DNA samples from the 
        following individuals who are at least 18 years of age:
                    (A) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of murder or voluntary manslaughter.
                    (B) Individuals who are arrested for or charged 
                with a criminal offense under State law that involves a 
                sexual act or sexual contact with another and that is 
                punishable by imprisonment for more than 1 year.
                    (C) Individuals who are arrested for or charged 
                with a criminal offense under State law that involves 
                kidnapping or abduction and that is punishable by 
                imprisonment for more than 1 year.
                    (D) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of burglary punishable by imprisonment for more than 1 
                year.
                    (E) Individuals who are arrested for or charged 
                with a criminal offense under State law that consists 
                of assault punishable by imprisonment for more than 1 
                year.
            (3) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 203. GRANTS TO STATES TO IMPLEMENT MINIMUM AND ENHANCED DNA 
              COLLECTION PROCESSES.

    (a) Grants Authorized.--The Attorney General shall, subject to 
amounts made available pursuant to section 205, carry out a grant 
program for the purpose of assisting States with the costs associated 
with the implementation of minimum or enhanced DNA collection 
processes.
    (b) Applications.--
            (1) In general.--To be eligible to receive a grant under 
        this section, in addition to any other requirements specified 
        by the Attorney General, a State shall submit to the Attorney 
        General an application that demonstrates that it has statutory 
        authorization for the implementation of either a minimum or 
        enhanced DNA collection process.
            (2) Non-supplanting funds.--An application submitted under 
        paragraph (1) by a State shall include assurances that the 
        amounts received under the grant under this section shall be 
        used to supplement, not supplant, State funds that would 
        otherwise be available for the purpose described in subsection 
        (a).
            (3) Other requirements.--The Attorney General shall require 
        a State seeking a grant under this section to document how such 
        State will use the grant to meet expenses associated with a 
        State's implementation or planned implementation of a minimum 
        or enhanced DNA collection process.
    (c) Grant Allocation.--
            (1) In general.--The amount available to a State under this 
        section shall be based on the projected costs that will be 
        incurred by the State to implement a minimum or enhanced DNA 
        collection process. Subject to paragraph (2), the Attorney 
        General shall retain discretion to determine the amount of each 
        such grant awarded to an eligible State.
            (2) Maximum grant allocation.--
                    (A) States meeting minimum dna collection 
                process.--In the case of a State seeking a grant under 
                this section with respect to the implementation of a 
                minimum DNA collection process, such State shall be 
                eligible for a grant under this section that is equal 
                to no more than 50 percent of the first year costs to 
                the State of implementing such process.
                    (B) States meeting enhanced dna collection 
                process.--In the case of a State seeking a grant under 
                this section with respect to the implementation of an 
                enhanced DNA collection process, such State shall be 
                eligible for a grant under this section that is equal 
                to no more than 100 percent of the first year costs to 
                the State of implementing such process.
    (d) Grant Conditions.--As a condition of receiving a grant under 
this section, a State shall have a procedure in place to--
            (1) provide written notification of expungement provisions 
        and instructions for requesting expungement to all persons who 
        submit a DNA sample for inclusion in the index;
            (2) provide the eligibility criteria for expungement and 
        instructions for requesting expungement on an appropriate 
        public website; and
            (3) make a determination on all expungement requests not 
        later than 90 days after receipt and provide a written response 
        of the determination to the requesting party.

SEC. 204. EXPUNGEMENT OF PROFILES.

    The expungement requirements under section 210304(d) of the DNA 
Identification Act of 1994 (42 U.S.C. 14132(d)) shall apply to any 
samples collected pursuant to this title for purposes of inclusion in 
the Combined DNA Index System (CODIS) of the Federal Bureau of 
Investigation.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title up 
to $10,000,000 for each of fiscal years 2013 through 2015, to be 
derived from amounts appropriated pursuant to subsection (m) of section 
2 of the DNA Analysis Backlog Elimination Act of 2000, as amended by 
section 103 of this Act, in each such fiscal year for grants under such 
section.

SEC. 206. REPORTS.

    The Attorney General shall submit to the Committee of the Judiciary 
of the House of Representatives and the Committee of the Judiciary of 
the Senate an annual report (which shall be made publicly available) 
that--
            (1) lists the States, for the year involved--
                    (A) which have (and those States which have not) 
                implemented a minimum DNA collection process and use 
                such process; and
                    (B) which have (and those States which have not) 
                implemented an enhanced DNA collection process and use 
                such process; and
            (2) includes statistics, with respect to the year involved, 
        regarding the benefits to law enforcement resulting from the 
        implementation of minimum and enhanced DNA collection 
        processes, including the number of matches made due to the 
        inclusion of arrestee profiles under such a process.
                                                       Calendar No. 435

112th CONGRESS

  2d Session

                                 S. 250

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             June 21, 2012

                       Reported with an amendment
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