II 

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 


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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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for All Reau5 thorization Act of 2011’’. 

6 SEC. 2. CRIME VICTIMS’ RIGHTS. 

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

8 amended— 

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

10 following: 

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

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

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

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

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

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

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

21 (3) in subsection (e)— 

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

23 and inserting the following: ‘‘this chapter: 


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

2 appeals’ means— 

3 ‘‘(A) for a violation of the United States 

4 Code, the United States court of appeals for the 

5 judicial district in which a defendant is being 

6 prosecuted; and 

7 ‘‘(B) for a violation of the District of Co8 lumbia Code, the District of Columbia Court of 

9 Appeals. 

10 ‘‘(2) CRIME VICTIM.— 

11 ‘‘(A) IN GENERAL.—The term’’; 

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

13 the following: 

14 ‘‘(B) MINORS AND CERTAIN OTHER VIC15 TIMS.—In the case’’; and 

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

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

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

19 Court of the District of Columbia.’’. 

20 SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR GRANTS 

21 FOR CRIME VICTIMS. 

22 (a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.— 

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

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


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

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

3 ‘‘$5,000,000 for each of fiscal years 2012, 2013, 

4 2014, 2015, and 2016’’; 

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

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

7 ‘‘$5,000,000 for each of fiscal years 2012, 2013, 

8 2014, 2015, and 2016’’; 

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

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

11 ‘‘$500,000 for each of fiscal years 2012, 2013, 

12 2014, 2015, and 2016’’; 

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

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

15 ‘‘$11,000,000 for each of fiscal years 2012, 2013, 

16 2014, 2015, and 2016’’; and 

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

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

19 ‘‘$7,000,000 for each of fiscal years 2012, 2013, 

20 2014, 2015, and 2016’’. 

21 (b) CRIME VICTIMS NOTIFICATION GRANTS.—Sec22 tion 1404E(c) of the Victims of Crime Act of 1984 (42 

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

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


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1 $5,000,000 for each of the fiscal years 2012, 2013, 2014, 

2 2015, and 2016.’’. 

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

4 (a) IN GENERAL.—Section 2 of the DNA Analysis 

5 Backlog Elimination Act of 2000 (42 U.S.C. 14135) is 

6 amended to read as follows: 

7 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO8 GRAM. 

9 ‘‘(a) DEFINITIONS.—In this section— 

10 ‘‘(1) the term ‘backlog for DNA case work’ has 

11 the meaning given that term by the Director, in ac12 cordance with subsection (b)(3); 

13 ‘‘(2) the term ‘Combined DNA Index System’ 

14 means the Combined DNA Index System of the Fed15 eral Bureau of Investigation; 

16 ‘‘(3) the term ‘Director’ means the Director of 

17 the National Institute of Justice; 

18 ‘‘(4) the term ‘emergency response provider’ 

19 has the meaning given that term in section 2 of the 

20 Homeland Security Act of 2002 (6 U.S.C. 101); and 

21 ‘‘(5) the term ‘State’ means a State of the 

22 United States, the District of Columbia, the Com23 monwealth of Puerto Rico, the United States Virgin 

24 Islands, American Samoa, Guam, and the Northern 

25 Mariana Islands. 


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1 ‘‘(b) ESTABLISHMENT OF PROTOCOLS, TECHNICAL

2 ASSISTANCE, AND DEFINITIONS OF EVIDENCE BACKLOG

3 FOR DNA CASE WORK.— 

4 ‘‘(1) PROTOCOLS AND PRACTICES.—Not later 

5 than 18 months after the date of enactment of the 

6 Justice for All Reauthorization Act of 2011, the Di7 rector shall develop and publish a description of pro8 tocols and practices the Director considers appro9 priate for the accurate, timely, and effective collec10 tion and processing of DNA evidence, including pro11 tocols and practices specific to sexual assault cases, 

12 which shall address appropriate steps in the inves13 tigation of cases that might involve DNA evidence, 

14 including— 

15 ‘‘(A) how to determine— 

16 ‘‘(i) which evidence is to be collected 

17 by law enforcement personnel and for18 warded for testing; 

19 ‘‘(ii) the preferred order in which evi20 dence from the same case is to be tested; 

21 and 

22 ‘‘(iii) the preferred order in which evi23 dence from different cases is to be tested; 

24 ‘‘(B) the establishment of a reasonable pe25 riod of time in which evidence is to be forVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 warded by emergency response providers, law 

2 enforcement personnel, and prosecutors to a 

3 laboratory for testing; 

4 ‘‘(C) the establishment of reasonable peri5 ods of time in which each stage of analytical 

6 laboratory testing is to be completed; and 

7 ‘‘(D) systems to encourage communication 

8 within a State or unit of local government 

9 among emergency response providers, law en10 forcement personnel, prosecutors, courts, de11 fense counsel, crime laboratory personnel, and 

12 crime victims regarding the status of crime 

13 scene evidence to be tested. 

14 ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— 

15 The Director shall make available technical assist16 ance and training to support States and units of 

17 local government in adopting and implementing the 

18 protocols and practices developed under paragraph 

19 (1) on and after the date on which the protocols and 

20 practices are published. 

21 ‘‘(3) DEFINITION OF BACKLOG FOR DNA CASE

22 WORK.—The Director shall develop and publish a 

23 definition of the term ‘backlog for DNA case work’ 

24 for purposes of this section— 


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1 ‘‘(A) taking into consideration the different 

2 stages at which a backlog may develop, includ3 ing the investigation and prosecution of a crime 

4 by law enforcement personnel, prosecutors, and 

5 others, and the laboratory analysis of crime 

6 scene samples; and 

7 ‘‘(B) which may include different criteria 

8 or thresholds for the different stages. 

9 ‘‘(c) AUTHORIZATION OF GRANTS FOR THE COLLEC10 TION AND PROCESSING OF DNA EVIDENCE BY LAW EN11 FORCEMENT.— 

12 ‘‘(1) PURPOSE.—The Attorney General may 

13 make grants to States or units of local government 

14 which may be used to— 

15 ‘‘(A) ensure that the collection and proc16 essing of DNA evidence from crimes, including 

17 sexual assault and other serious violent crimes, 

18 is carried out in an appropriate and timely 

19 manner; 

20 ‘‘(B) eliminate existing backlogs for DNA 

21 case work, including backlogs from sexual as22 sault cases; and 

23 ‘‘(C) ensure effective communication 

24 among emergency response providers, law en25 forcement personnel, prosecutors, courts, deVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 fense counsel, crime laboratory personnel, and 

2 crime victims regarding the status of crime 

3 scene evidence to be tested. 

4 ‘‘(2) APPLICATION.—A State or unit of local 

5 government desiring a grant under this subsection 

6 shall submit to the Attorney General an application 

7 in such form and containing such information as the 

8 Attorney General may require, which shall include— 

9 ‘‘(A) providing assurances that the State 

10 or unit of local government has implemented, or 

11 will implement not later than 120 days after 

12 the date of the application, a comprehensive 

13 plan for the expeditious collection and proc14 essing of DNA evidence in accordance with this 

15 section; and 

16 ‘‘(B) specifying the percentage of the 

17 amounts received under the grant that the 

18 State or unit of local government shall use for 

19 the purpose specified in each of subparagraphs 

20 (A), (B), and (C) of paragraph (1). 

21 ‘‘(3) COLLECTION AND PROCESSING OF SAM22 PLES.—A plan described in paragraph (2)(A)— 

23 ‘‘(A) shall require a State or unit of local 

24 government to— 


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1 ‘‘(i) adopt the appropriate protocols 

2 and practices developed under subsection 

3 (b)(1); and 

4 ‘‘(ii) ensure that emergency response 

5 providers, law enforcement personnel, pros6 ecutors, and crime laboratory personnel 

7 within the jurisdiction of the State or unit 

8 of local government receive training on the 

9 content and appropriate use of the proto10 cols and practices; and 

11 ‘‘(B) may include the development and im12 plementation within the State or unit of local 

13 government of an evidence tracking system to 

14 ensure effective communication among emer15 gency response providers, law enforcement per16 sonnel, prosecutors, defense counsel, courts, 

17 crime laboratory personnel, and crime victims 

18 regarding the status of crime scene evidence 

19 subject to DNA analysis. 

20 ‘‘(4) REPORTING AND PUBLICATION OF DNA

21 BACKLOGS.— 

22 ‘‘(A) IN GENERAL.—A plan described in 

23 paragraph (2)(A) shall require a State or unit 

24 of local government to submit to the Attorney 

25 General an annual report reflecting the current 


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1 backlog for DNA case work within the jurisdic2 tion in which the funds are used, which shall in3 clude— 

4 ‘‘(i) a specific breakdown of the num5 ber of sexual assault cases that are in a 

6 backlog for DNA case work and the per7 centage of the amounts received under the 

8 grant allocated to reducing the backlog of 

9 DNA case work in sexual assault cases; 

10 ‘‘(ii) for each case that is in a backlog 

11 for DNA case work, the identity of each 

12 agency, office, or contractor of the State or 

13 unit of local government in which work 

14 necessary to complete the DNA analysis is 

15 pending; and 

16 ‘‘(iii) any other information the Attor17 ney General determines appropriate. 

18 ‘‘(B) COMPILATION.—The Attorney Gen19 eral shall annually compile and publish the re20 ports submitted under subparagraph (A) on the 

21 website of the Department of Justice. 

22 ‘‘(d) AUTHORIZATION OF GRANTS FOR DNA TEST23 ING AND ANALYSIS BY LABORATORIES.— 


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1 ‘‘(1) PURPOSE.—The Attorney General may 

2 make grants to States or units of local government 

3 to— 

4 ‘‘(A) carry out, for inclusion in the Com5 bined DNA Index System, DNA analyses of 

6 samples collected under applicable legal author7 ity; 

8 ‘‘(B) carry out, for inclusion in the Com9 bined DNA Index System, DNA analyses of 

10 samples from crime scenes, including samples 

11 from rape kits, samples from other sexual as12 sault evidence, and samples taken in cases with13 out an identified suspect; 

14 ‘‘(C) increase the capacity of laboratories 

15 owned by the State or unit of local government 

16 to carry out DNA analyses of samples specified 

17 in subparagraph (A) or (B); 

18 ‘‘(D) collect DNA samples specified in sub19 paragraph (A); and 

20 ‘‘(E) ensure that DNA testing and analysis 

21 of samples from crimes, including sexual as22 sault and other serious violent crimes, are car23 ried out in a timely manner. 

24 ‘‘(2) APPLICATION.—A State or unit of local 

25 government desiring a grant under this subsection 


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1 shall submit to the Attorney General an application 

2 in such form and containing such information as the 

3 Attorney General may require, which shall include— 

4 ‘‘(A) providing assurances that the State 

5 or unit of local government has implemented, or 

6 will implement not later than 120 days after 

7 the date of the application, a comprehensive 

8 plan for the expeditious DNA analysis of sam9 ples in accordance with this section; 

10 ‘‘(B) certifying that each DNA analysis 

11 carried out under the plan shall be maintained 

12 in accordance with the privacy requirements de13 scribed in section 210304(b)(3) of the Violent 

14 Crime Control and Law Enforcement Act of 

15 1994 (42 U.S.C. 14132(b)(3)); 

16 ‘‘(C) specifying the percentage of the 

17 amounts received under the grant that the 

18 State or unit of local government shall use to 

19 carry out DNA analyses of samples described in 

20 paragraph (1)(A) and the percentage of the 

21 amounts the State or unit of local government 

22 shall use to carry out DNA analyses of samples 

23 described in paragraph (1)(B); 

24 ‘‘(D) specifying the percentage of the 

25 amounts received under the grant that the 


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1 State or unit of local government shall use for 

2 a purpose described in paragraph (1)(C); 

3 ‘‘(E) if submitted by a unit of local govern4 ment, certifying that the unit of local govern5 ment has taken, or is taking, all necessary steps 

6 to ensure that the unit of local government is 

7 eligible to include in the Combined DNA Index 

8 System, directly or through a State law enforce9 ment agency, all analyses of samples for which 

10 the unit of local government has requested 

11 funding; and 

12 ‘‘(F) specifying the percentage of the 

13 amounts received under the grant that the 

14 State or unit of local government shall use for 

15 the purpose described in paragraph (1)(D). 

16 ‘‘(3) ANALYSIS OF SAMPLES.— 

17 ‘‘(A) IN GENERAL.—A plan described in 

18 paragraph (2)(A) shall require that, except as 

19 provided in subparagraph (C), each DNA anal20 ysis be carried out in a laboratory that— 

21 ‘‘(i) satisfies quality assurance stand22 ards; and 

23 ‘‘(ii) is— 

24 ‘‘(I) operated by the State or a 

25 unit of local government; or 


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1 ‘‘(II) operated by a private entity 

2 pursuant to a contract with the State 

3 or a unit of local government. 

4 ‘‘(B) QUALITY ASSURANCE STANDARDS.— 

5 ‘‘(i) IN GENERAL.—The Director of 

6 the Federal Bureau of Investigation shall 

7 maintain and make available to States and 

8 units of local government a description of 

9 quality assurance protocols and practices 

10 that the Director of the Federal Bureau of 

11 Investigation considers adequate to assure 

12 the quality of a forensic laboratory. 

13 ‘‘(ii) EXISTING STANDARDS.—For 

14 purposes of this paragraph, a laboratory 

15 satisfies quality assurance standards if the 

16 laboratory satisfies the quality control re17 quirements described in paragraphs (1) 

18 and (2) of section 210304(b) of the Violent 

19 Crime Control and Law Enforcement Act 

20 of 1994 (42 U.S.C. 14132(b)). 

21 ‘‘(4) USE OF VOUCHERS OR CONTRACTS FOR

22 CERTAIN PURPOSES.— 

23 ‘‘(A) IN GENERAL.—A grant for a purpose 

24 specified in subparagraph (A), (B), (E), or (F) 

25 of paragraph (1) may be made in the form of 


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1 a voucher or contract for laboratory services, 

2 even if the laboratory makes a reasonable profit 

3 for the services. 

4 ‘‘(B) REDEMPTION.—A voucher or con5 tract under subparagraph (A) may be redeemed 

6 at a laboratory operated on a nonprofit or for7 profit basis, by a private entity that satisfies 

8 quality assurance standards and has been ap9 proved by the Attorney General. 

10 ‘‘(C) PAYMENTS.—The Attorney General 

11 may use amounts appropriated to carry out this 

12 section to make payments to a laboratory de13 scribed under subparagraph (B). 

14 ‘‘(5) REPORTING AND PUBLICATION OF DNA

15 BACKLOGS.— 

16 ‘‘(A) IN GENERAL.—A plan described in 

17 paragraph (2)(A) shall require the State or unit 

18 of local government to submit to the Attorney 

19 General an annual report reflecting the backlog 

20 for DNA case work within the jurisdiction in 

21 which the funds will be used, which shall in22 clude— 

23 ‘‘(i) a specific breakdown of the num24 ber of sexual assault cases that are in a 

25 backlog for DNA case work and the perVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 centage of the amounts received under the 

2 grant allocated to reducing the backlog of 

3 DNA case work in sexual assault cases; 

4 ‘‘(ii) for each case that is in a backlog 

5 for DNA case work, the identity of each 

6 agency, office, or contractor of the State or 

7 unit of local government in which work 

8 necessary to complete the DNA analysis is 

9 pending; and 

10 ‘‘(iii) any other information the Attor11 ney General determines appropriate. 

12 ‘‘(B) COMPILATION.—The Attorney Gen13 eral shall annually compile and publish the re14 ports submitted under subparagraph (A) on the 

15 website of the Department of Justice. 

16 ‘‘(e) FORMULA FOR DISTRIBUTION OF GRANTS.— 

17 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

18 and (3), the Attorney General shall distribute grant 

19 amounts, and establish appropriate grant conditions 

20 under this section, in conformity with a formula or 

21 formulas that are designed to effectuate a distribu22 tion of funds among States and units of local gov23 ernment applying for grants under this section 

24 that— 


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1 ‘‘(A) maximizes the effective use of DNA 

2 technology to solve crimes and protect public 

3 safety; and 

4 ‘‘(B) allocates grants among States and 

5 units of local government fairly and efficiently, 

6 across rural and urban jurisdictions, to address 

7 States and units of local government in which 

8 significant backlogs for DNA case work exist, 

9 by considering— 

10 ‘‘(i) the number of offender and case11 work samples awaiting DNA analysis in a 

12 State or unit of local government; 

13 ‘‘(ii) the population in the State or 

14 unit of local government; 

15 ‘‘(iii) the number of part 1 violent 

16 crimes in the State or unit of local govern17 ment; and 

18 ‘‘(iv) the availability of resources to 

19 train emergency response providers, law 

20 enforcement personnel, prosecutors, and 

21 crime laboratory personnel on the effective22 ness of appropriate and timely DNA collec23 tion, processing, and analysis. 

24 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen25 eral shall allocate to each State not less than 0.50 


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1 percent of the total amount appropriated in a fiscal 

2 year for grants under this section, except that the 

3 United States Virgin Islands, American Samoa, 

4 Guam, and the Northern Mariana Islands shall each 

5 be allocated 0.125 percent of the total amount ap6 propriated in a fiscal year for grants under this sec7 tion. 

8 ‘‘(3) LIMITATION.—In distributing grant 

9 amounts under paragraph (1), the Attorney General 

10 shall ensure that for each of fiscal years 2012 

11 through 2016, not less than 40 percent of the grant 

12 amounts are awarded for purposes described in sub13 section (d)(1)(B). 

14 ‘‘(f) RESTRICTIONS ON USE OF FUND.— 

15 ‘‘(1) NONSUPPLANTING.—Funds made available 

16 under this section shall not be used to supplant 

17 funds of a State or unit of local government, and 

18 shall be used to increase the amount of funds that 

19 would, in the absence of Federal funds, be made 

20 available from the State or unit of local government 

21 for the purposes described in this Act. 

22 ‘‘(2) ADMINISTRATIVE COSTS.—A State or unit 

23 of local government may not use more than 3 per24 cent of the amounts made available under a grant 


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1 under this section for administrative expenses relat2 ing to the grant. 

3 ‘‘(g) REPORTS TO THE ATTORNEY GENERAL.—Each 

4 State or unit of local government that receives a grant 

5 under this section shall submit to the Attorney General, 

6 for each year in which funds from a grant received under 

7 this section are expended, a report at such time and in 

8 such manner as the Attorney General may reasonably re9 quire, that contains— 

10 ‘‘(1) a summary of the activities carried out 

11 under the grant and an assessment of whether such 

12 activities are meeting the needs identified in the ap13 plication; and 

14 ‘‘(2) such other information as the Attorney 

15 General may require. 

16 ‘‘(h) REPORTS TO CONGRESS.—Not later than 90 

17 days after the end of each fiscal year for which grants 

18 are made under this section, the Attorney General shall 

19 submit to Congress a report that includes— 

20 ‘‘(1) the aggregate amount of grants made 

21 under this section to each State or unit of local gov22 ernment for the fiscal year; 

23 ‘‘(2) a summary of the information provided by 

24 States or units of local government receiving grants 

25 under this section; and 


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1 ‘‘(3) a description of the priorities and plan for 

2 awarding grants among eligible States and units of 

3 local government, and how the plan will ensure the 

4 effective use of DNA technology to solve crimes and 

5 protect public safety. 

6 ‘‘(i) EXPENDITURE RECORDS.— 

7 ‘‘(1) IN GENERAL.—Each State or unit of local 

8 government that receives a grant under this section 

9 shall keep such records as the Attorney General may 

10 require to facilitate an effective audit of the receipt 

11 and use of grant funds received under this section. 

12 ‘‘(2) ACCESS.—Each State or unit of local gov13 ernment that receives a grant under this section 

14 shall make available, for the purpose of audit and 

15 examination, any records relating to the receipt or 

16 use of the grant. 

17 ‘‘(j) USE OF FUNDS FOR ACCREDITATION AND AU18 DITS.—The Attorney General may distribute not more 

19 than 1 percent of the amounts made available for grants 

20 under this section for a fiscal year— 

21 ‘‘(1) to States or units of local government to 

22 defray the costs incurred by laboratories operated by 

23 each such State or unit of local government in pre24 paring for accreditation or reaccreditation; 


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1 ‘‘(2) in the form of additional grants to States, 

2 units of local government, or nonprofit professional 

3 organizations of persons actively involved in forensic 

4 science and nationally recognized within the forensic 

5 science community to— 

6 ‘‘(A) defray the costs of external audits of 

7 laboratories operated by the State or unit of 

8 local government, which participates in the Na9 tional DNA Index System, to determine wheth10 er the laboratory is in compliance with quality 

11 assurance standards; 

12 ‘‘(B) assess compliance with any plans 

13 submitted to the Director that detail the use of 

14 funds received by States or units of local gov15 ernment under this section; and 

16 ‘‘(C) support capacity building efforts; and 

17 ‘‘(3) in the form of additional grants to non18 profit professional associations actively involved in 

19 forensic science and nationally recognized within the 

20 forensic science community to defray the costs of 

21 training persons who conduct external audits of lab22 oratories operated by States and units of local gov23 ernment and which participate in the National DNA 

24 Index System. 


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1 ‘‘(k) USE OF FUNDS FOR OTHER FORENSIC

2 SCIENCES.—The Attorney General may make a grant 

3 under this section to a State or unit of local government 

4 to alleviate a backlog of cases with respect to a forensic 

5 science other than DNA analysis if the State or unit of 

6 local government— 

7 ‘‘(1) certifies to the Attorney General that in 

8 such State or unit— 

9 ‘‘(A) all of the purposes set forth in sub10 sections (c) and (d) have been met; 

11 ‘‘(B) there is not a backlog for DNA case 

12 work, as defined by the Director in accordance 

13 with subsection (b)(3); and 

14 ‘‘(C) there is no need for significant lab15 oratory equipment, supplies, or additional per16 sonnel for timely processing of DNA case work 

17 or offender samples; and 

18 ‘‘(2) demonstrates to the Attorney General that 

19 the State or unit of local government requires assist20 ance in alleviating a backlog of cases involving a fo21 rensic science other than DNA analysis. 

22 ‘‘(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS.— 

23 If a laboratory operated by a State or unit of local govern24 ment which has received funds under this section has un25 dergone an external audit conducted to determine whether 


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1 the laboratory is in compliance with standards established 

2 by the Director of the Federal Bureau of Investigation, 

3 and, as a result of the audit, identifies measures to remedy 

4 deficiencies with respect to the compliance by the labora5 tory with the standards, the State or unit of local govern6 ment shall implement any such remediation as soon as 

7 practicable. 

8 ‘‘(m) PENALTY FOR NONCOMPLIANCE.— 

9 ‘‘(1) IN GENERAL.—The Attorney General shall 

10 annually compile a list of the States and units of 

11 local government receiving a grant under this section 

12 that have failed to provide the information required 

13 under subsection (c)(4)(A), (d)(5)(A), or (g). The 

14 Attorney General shall publish each list complied 

15 under this paragraph on the website of the Depart16 ment of Justice. 

17 ‘‘(2) REDUCTION IN GRANT FUNDS.—For any 

18 State or local government that the Attorney General 

19 determines has failed to provide the information re20 quired under subsection (c)(4)(A), (d)(5)(A), or (g), 

21 the Attorney General may not award a grant under 

22 this section for the fiscal year after the fiscal year 

23 to which the determination relates in an amount 

24 that is more than 50 percent of the amount the 


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1 State or local government would have otherwise re2 ceived. 

3 ‘‘(n) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Attorney General 

5 for grants under subsections (c) and (d) $151,000,000 for 

6 each of fiscal years 2012 through 2016.’’. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of enactment of this Act, the Director of 

10 the Federal Bureau of Investigation shall evaluate 

11 the policies, standards, and protocols relating to the 

12 use of private laboratories in the analysis of DNA 

13 evidence, including the mandatory technical review 

14 of all outsourced DNA evidence by public labora15 tories prior to uploading DNA profiles into the Com16 bined DNA Index System of the Federal Bureau of 

17 Investigation. The evaluation shall take into consid18 eration the need to reduce DNA evidence backlogs 

19 while guaranteeing the integrity of the Combined 

20 DNA Index System. 

21 (2) REPORT TO CONGRESS.—Not later than 30 

22 days after the date on which the Director of the 

23 Federal Bureau of Investigation completes the eval24 uation under paragraph (1), the Director shall subVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 mit to Congress a report of the findings of the eval2 uation and any proposed policy changes. 

3 (c) TRANSITION PROVISION.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘transition date’’ means the day after the latter of— 

6 (A) the date on which the Director of the 

7 National Institute of Justice publishes a defini8 tion of the term ‘‘backlog for DNA case work’’ 

9 in accordance with section 2(b)(3) of the DNA 

10 Analysis Backlog Elimination Act of 2000, as 

11 amended by subsection (a); and 

12 (B) the date on which the Director of the 

13 National Institute of Justice publishes a de14 scription of protocols and practices in accord15 ance with section 2(b)(1) of the DNA Analysis 

16 Backlog Elimination Act of 2000, as amended 

17 by subsection (a). 

18 (2) GRANT AUTHORITY.—Notwithstanding the 

19 amendments made by subsection (a)— 

20 (A) the Attorney General may make grants 

21 under section 2 of the DNA Analysis Backlog 

22 Elimination Act of 2000 (42 U.S.C. 14135), as 

23 in effect on the day before the date of enact24 ment of this Act, until the transition date; and 


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1 (B) the Attorney General may not make a 

2 grant under section 2 of the DNA Analysis 

3 Backlog Elimination Act of 2000, as amended 

4 by subsection (a), until the transition date. 

5 SEC. 5. RAPE EXAM PAYMENTS. 

6 Section 2010 of title I of the Omnibus Crime Control 

7 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is 

8 amended— 

9 (1) in subsection (a)(1)— 

10 (A) by striking ‘‘entity incurs the full’’ and 

11 inserting the following: ‘‘entity— 

12 ‘‘(A) incurs the full’’; 

13 (B) by striking the period at the end and 

14 inserting ‘‘; and’’; and 

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

16 ‘‘(B) coordinates with regional health care 

17 providers to notify victims of sexual assault of 

18 the availability of rape exams at no cost to the 

19 victims.’’; 

20 (2) in subsection (b)— 

21 (A) in paragraph (1), by adding ‘‘or’’ at 

22 the end; 

23 (B) in paragraph (2), by striking ‘‘; or’’ 

24 and inserting a period; and 

25 (C) by striking paragraph (3); and 


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1 (3) in subsection (d), by striking ‘‘(d) RULE OF

2 CONSTRUCTION.—’’ and all that follows through the 

3 end of paragraph (1) and inserting the following: 

4 ‘‘(d) NONCOOPERATION.— 

5 ‘‘(1) IN GENERAL.—To be in compliance with 

6 this section, a State, Indian tribal government, or 

7 unit of local government shall comply with sub8 section (b) without regard to whether the victim par9 ticipates in the criminal justice system or cooperates 

10 with law enforcement.’’. 

11 SEC. 6. ADDITIONAL REAUTHORIZATIONS. 

12 (a) DNA RESEARCH AND DEVELOPMENT.—Section 

13 305(c) of the Justice for All Act of 2004 (42 U.S.C. 

14 14136b(c)) is amended by striking ‘‘fiscal years 2005 

15 through 2009’’ and inserting ‘‘fiscal years 2012 through 

16 2016’’. 

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

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

19 Stat. 2275) is amended by striking ‘‘fiscal years 2005 

20 through 2009’’ and inserting ‘‘fiscal years 2012 through 

21 2016’’. 

22 (c) DNA IDENTIFICATION OF MISSING PERSONS.— 

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

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


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1 2005 through 2009’’ and inserting ‘‘fiscal years 2012 

2 through 2016’’. 

3 SEC. 7. PAUL COVERDELL FORENSIC SCIENCES IMPROVE4 MENT GRANTS. 

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

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

7 3793(a)(24)) is amended— 

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

9 the end; 

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

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

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

13 ‘‘(K) $35,000,000 for each of fiscal years 

14 2012 through 2016.’’. 

15 SEC. 8. IMPROVING THE QUALITY OF REPRESENTATION IN 

16 STATE CAPITAL CASES. 

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

18 U.S.C. 14163e) is amended— 

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

20 for each of fiscal years 2005 through 2009’’ and in21 serting ‘‘$50,000,000 for each of fiscal years 2012 

22 through 2016’’; and 

23 (2) in subsection (b), by inserting before the pe24 riod at the end the following: ‘‘, or upon a showing 

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


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1 General, the State may determine a fair allocation of 

2 funds across the uses described in sections 421 and 

3 422.’’. 

4 SEC. 9. POST-CONVICTION DNA TESTING. 

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

6 States Code, is amended— 

7 (1) in subsection (a)— 

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

9 ‘‘death’’; and 

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

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

12 through ‘‘knowingly fail to request’’ and insert13 ing ‘‘and the applicant did not knowingly fail to 

14 request’’; and 

15 (2) in subsection (g)(2)— 

16 (A) in the matter preceding subparagraph 

17 (A), by striking ‘‘establish by compelling evi18 dence’’ and inserting ‘‘establish by a preponder19 ance of the evidence’’; and 

20 (B) in subparagraph (B), by striking 

21 ‘‘death’’. 

22 (b) PRESERVATION OF BIOLOGICAL EVIDENCE.— 

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

24 amended— 

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


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

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

3 SEC. 10. INCENTIVE GRANTS TO STATES TO ENSURE CON4 SIDERATION OF CLAIMS OF ACTUAL INNO5 CENCE. 

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

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

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

9 striking ‘‘fiscal years 2005 through 2009’’ and in10 serting ‘‘fiscal years 2012 through 2016’’; and 

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

12 following: 

13 ‘‘(2) provide a certification by the chief legal of14 ficer of the State in which the eligible entity oper15 ates or the chief legal officer of the jurisdiction in 

16 which the funds will be used for the purposes of the 

17 grants, that the State or jurisdiction— 

18 ‘‘(A) provides DNA testing of specified evi19 dence under a State statute to persons con20 victed after trial and under a sentence of im21 prisonment or death for a State felony offense, 

22 in a manner that ensures a reasonable process 

23 for resolving claims of actual innocence con24 sistent with section 3600(a) of title 18, United 

25 States Code (which may include making postVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 conviction DNA testing available in cases in 

2 which the testing would not be required under 

3 that section) and, if the results of the testing 

4 exclude the applicant as the perpetrator of the 

5 offense, permits the applicant to apply for post6 conviction relief, notwithstanding any provision 

7 of law that would otherwise bar the application 

8 as untimely; and 

9 ‘‘(B) preserves biological evidence under a 

10 State statute or a State or local rule, regula11 tion, or practice in a manner intended to ensure 

12 that reasonable measures are taken by the 

13 State or jurisdiction to preserve biological evi14 dence secured in relation to the investigation or 

15 prosecution of a State felony offense (including, 

16 at a minimum murder, non-negligent man17 slaughter and sexual offenses) in a manner con18 sistent with section 3600A of title 18, United 

19 States (which may require preservation of bio20 logical evidence for longer than the period of 

21 time that the evidence would be required to be 

22 preserved under that section).’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

24 412(b) of the Justice for All Act of 2004 (42 U.S.C. 

25 14136e(b)) is amended— 


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1 (1) by striking ‘‘fiscal years 2005 through 

2 2009’’ and inserting ‘‘fiscal years 2012 through 

3 2016’’; and 

4 (2) by striking ‘‘$5,000,000’’ and inserting 

5 ‘‘$10,000,000’’. 

6 SEC. 11. ESTABLISHMENT OF NATIONAL STANDARDS PRO7 MULGATED BY NIJ. 

8 (a) IN GENERAL.—Subtitle A of title IV of the Jus9 tice for All Act of 2004 (Public Law 108–405; 118 Stat. 

10 2278) is amended by adding at the end the following: 

11 ‘‘SEC. 414. ESTABLISHMENT OF NATIONAL STANDARDS 

12 PROMULGATED BY NIJ. 

13 ‘‘(a) IN GENERAL.—The Director of the National In14 stitute of Justice shall— 

15 ‘‘(1) establish best practices for evidence reten16 tion; and 

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

18 in adopting and implementing the best practices es19 tablished under paragraph (1). 

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

21 date of enactment of this section, the Director of the Na22 tional Institute of Justice shall publish the best practices 

23 established under subsection (a)(1).’’. 

24 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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


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

2 is amended by inserting after the item relating to section 

3 413 the following: 

‘‘Sec. 414. Establishment of national standards promulgated by NIJ.’’. 

4 SEC. 12. EFFECTIVE ADMINISTRATION OF CRIMINAL JUS5 TICE. 

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

7 ‘‘Effective Administration of Criminal Justice Act of 

8 2011’’. 

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

10 the Omnibus Crime Control and Safe Streets Act of 1968 

11 (42 U.S.C. 3752) is amended— 

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

13 ‘‘To request a grant’’; and 

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

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

16 how grants received under this section will be used 

17 to improve the administration of the criminal justice 

18 system, which shall— 

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

20 governments, and all segments of the criminal 

21 justice system, including judges, prosecutors, 

22 law enforcement personnel, corrections per23 sonnel, and providers of indigent defense serv24 ices, victim services, juvenile justice delinquency 


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1 prevention programs, community corrections, 

2 and reentry services; 

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

4 will allocate funding within and among each of 

5 the uses described in subparagraphs (A) 

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

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

8 for gathering evidence-based data and devel9 oping and using evidence-based and evidence10 gathering approaches in support of funding de11 cisions; and 

12 ‘‘(D) be updated every 5 years, with an13 nual progress reports that— 

14 ‘‘(i) address changing circumstances 

15 in the State, if any; 

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

17 adjust funding within and among each of 

18 the uses described in subparagraphs (A) 

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

20 ‘‘(iii) provide an ongoing assessment 

21 of need; 

22 ‘‘(iv) discuss the accomplishment of 

23 goals identified in any plan previously pre24 pared under this paragraph; and 


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1 ‘‘(v) reflect how the plan influenced 

2 funding decisions in the previous year. 

3 ‘‘(b) TECHNICAL ASSISTANCE.— 

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

5 days after the date of enactment of this subsection, 

6 the Attorney General shall begin to provide technical 

7 assistance to States and local governments request8 ing support to develop and implement the strategic 

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

10 ‘‘(2) PROTECTION OF CONSTITUTIONAL

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

12 enactment of this subsection, the Attorney General 

13 shall begin to provide technical assistance to States 

14 and local governments, including any agent thereof 

15 with responsibility for administration of justice, re16 questing support to meet the obligations established 

17 by the Sixth Amendment to the Constitution of the 

18 United States, which shall include— 

19 ‘‘(A) public dissemination of practices, 

20 structures, or models for the administration of 

21 justice consistent with the requirements of the 

22 Sixth Amendment; and 

23 ‘‘(B) assistance with adopting and imple24 menting a system for the administration of jusVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 tice consistent with the requirements of the 

2 Sixth Amendment. 

3 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

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

5 for each of fiscal years 2012 through 2016 to carry 

6 out this subsection.’’. 

7 (c) PROTECTION OF CONSTITUTIONAL RIGHTS.— 

8 (1) UNLAWFUL CONDUCT.—It shall be unlawful 

9 for any governmental authority, or any agent there10 of, or any person acting on behalf of a governmental 

11 authority, to engage in a pattern or practice of con12 duct by officials or employees of any governmental 

13 agency with responsibility for the administration of 

14 justice, including the administration of programs or 

15 services that provide appointed counsel to indigent 

16 defendants, that deprives persons of their rights to 

17 assistance of counsel as protected under the Sixth 

18 Amendment and Fourteenth Amendment to the 

19 Constitution of the United States. 

20 (2) CIVIL ACTION BY ATTORNEY GENERAL.— 

21 Whenever the Attorney General has reasonable cause 

22 to believe that a violation of paragraph (1) has oc23 curred, the Attorney General, for or in the name of 

24 the United States, may, in a civil action, obtain apVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\S250.RS S250

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1 propriate equitable and declaratory relief to elimi2 nate the pattern or practice. 

3 (3) EFFECTIVE DATE.—This subsection shall 

4 take effect 2 years after the date of enactment of 

5 this Act. 

6 SECTION 1. SHORT TITLE. 

7 This Act may be cited as the ‘‘Justice for All Reauthor8 ization Act of 2012’’. 

9 TITLE I—CRIME VICTIMS 

10 SEC. 101. CRIME VICTIMS’ RIGHTS. 

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

12 States Code, is amended— 

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

14 following: 

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

16 this section and the services described in section 

17 503(c) of the Victims’ Rights and Restitution Act of 

18 1990 (42 U.S.C. 10607(c)) and provided contact in19 formation for the Office of the Victims’ Rights Om20 budsman of the Department of Justice.’’; 

21 (2) in subsection (d)(3), in the fifth sentence, by 

22 inserting ‘‘, unless the litigants, with the approval of 

23 the court, have stipulated to a different time period 

24 for consideration’’ before the period; and 

25 (3) in subsection (e)— 


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

2 inserting the following: ‘‘this chapter: 

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

4 appeals’ means— 

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

6 the judicial district in which a defendant is 

7 being prosecuted; or 

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

9 Court of the District of Columbia, the District of 

10 Columbia Court of Appeals. 

11 ‘‘(2) CRIME VICTIM.— 

12 ‘‘(A) IN GENERAL.—The term’’; 

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

14 the following: 

15 ‘‘(B) MINORS AND CERTAIN OTHER VIC16 TIMS.—In the case’’; and 

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

18 ‘‘(3) DISTRICT COURT; COURT.—The terms ‘dis19 trict court’ and ‘court’ include the Superior Court of 

20 the District of Columbia.’’. 

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

22 Victims of Crime Act of 1984 (42 U.S.C.10601(d)(3)) is 

23 amended by— 

24 (1) inserting ‘‘(A)’’ before ‘‘Of the sums’’; and 

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


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1 ‘‘(B) Amounts made available under subpara2 graph (A) may not be used for any purpose that is 

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

4 SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR 

5 GRANTS FOR CRIME VICTIMS. 

6 (a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.— 

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

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

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

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

11 ‘‘$5,000,000 for each of fiscal years 2013, 2014, 2015, 

12 2016, and 2017’’; 

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

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

15 ‘‘$5,000,000 for each of fiscal years 2013, 2014, 2015, 

16 2016, and 2017’’; 

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

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

19 ‘‘$500,000 for each of fiscal years 2013, 2014, 2015, 

20 2016, and 2017’’; 

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

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

23 ‘‘$11,000,000 for each of fiscal years 2013, 2014, 

24 2015, 2016, and 2017’’; and 


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

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

3 ‘‘$7,000,000 for each of fiscal years 2013, 2014, 2015, 

4 2016, and 2017’’. 

5 (b) CRIME VICTIMS NOTIFICATION GRANTS.—Section 

6 1404E(c) of the Victims of Crime Act of 1984 (42 U.S.C. 

7 10603e(c)) is amended by striking ‘‘this 

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

9 $5,000,000 for each of fiscal years 2013, 2014, 2015, 2016, 

10 and 2017.’’. 

11 SEC. 103. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

12 (a) IN GENERAL.—Section 2 of the DNA Analysis 

13 Backlog Elimination Act of 2000 (42 U.S.C. 14135) is 

14 amended to read as follows: 

15 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO16 GRAM. 

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

18 ‘‘(1) AWAITING TESTING.—The term ‘awaiting 

19 testing’, with respect to DNA case work, has the 

20 meaning given that term by the Director, in accord21 ance with subsection (b)(3). 

22 ‘‘(2) BACKLOG FOR DNA CASE WORK.—The term 

23 ‘backlog for DNA case work’ has the meaning given 

24 that term by the Director, in accordance with sub25 section (b)(3). 


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1 ‘‘(3) COMBINED DNA INDEX SYSTEM.—The term 

2 ‘Combined DNA Index System’ means the Combined 

3 DNA Index System of the Federal Bureau of Inves4 tigation. 

5 ‘‘(4) DIRECTOR.—The term ‘Director’ means the 

6 Director of the National Institute of Justice. 

7 ‘‘(5) EMERGENCY RESPONSE PROVIDER.—The 

8 term ‘emergency response provider’ has the meaning 

9 given that term in section 2 of the Homeland Secu10 rity Act of 2002 (6 U.S.C. 101). 

11 ‘‘(6) POSSESSION.—The term ‘possession’, with 

12 respect to DNA case work, has the meaning given that 

13 term by the Director, in accordance with subsection 

14 (b)(3). 

15 ‘‘(7) STATE.—The term ‘State’ means a State of 

16 the United States, the District of Columbia, the Com17 monwealth of Puerto Rico, the United States Virgin 

18 Islands, American Samoa, Guam, and the Northern 

19 Mariana Islands. 

20 ‘‘(b) ESTABLISHMENT OF PROTOCOLS, TECHNICAL AS21 SISTANCE, AND DEFINITIONS OF EVIDENCE BACKLOG FOR

22 DNA CASE WORK.— 

23 ‘‘(1) PROTOCOLS AND PRACTICES.—Not later 

24 than 18 months after the date of enactment of the 

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1 rector, in consultation with Federal, State, and local 

2 law enforcement agencies and government labora3 tories, shall develop and publish a description of pro4 tocols and practices the Director considers appro5 priate for the accurate, timely, and effective collection 

6 and processing of DNA evidence, including protocols 

7 and practices specific to sexual assault cases, which 

8 shall address appropriate steps in the investigation of 

9 cases that might involve DNA evidence, including— 

10 ‘‘(A) how to determine— 

11 ‘‘(i) which evidence is to be collected by 

12 law enforcement personnel and forwarded 

13 for testing; 

14 ‘‘(ii) the preferred order in which evi15 dence from the same case is to be tested; and 

16 ‘‘(iii) what information to take into 

17 account when establishing the order in 

18 which evidence from different cases is to be 

19 tested; 

20 ‘‘(B) the establishment of a reasonable pe21 riod of time in which evidence is to be forwarded 

22 by emergency response providers, law enforce23 ment personnel, and prosecutors to a laboratory 

24 for testing; 


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1 ‘‘(C) the establishment of reasonable periods 

2 of time in which each stage of analytical labora3 tory testing is to be completed; 

4 ‘‘(D) systems to encourage communication 

5 within a State or unit of local government 

6 among emergency response providers, law en7 forcement personnel, prosecutors, courts, defense 

8 counsel, crime laboratory personnel, and crime 

9 victims regarding the status of crime scene evi10 dence to be tested; and 

11 ‘‘(E) standards for conducting the audit of 

12 the backlog for DNA case work in sexual assault 

13 cases required under subsection (c)(5). 

14 ‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— 

15 The Director shall make available technical assistance 

16 and training to support States and units of local gov17 ernment in adopting and implementing the protocols 

18 and practices developed under paragraph (1) on and 

19 after the date on which the protocols and practices are 

20 published. 

21 ‘‘(3) DEFINITIONS.—The Director, in consulta22 tion with Federal, State, and local law enforcement 

23 agencies and government laboratories, shall develop 

24 and publish, for purposes of this section, definitions 

25 of— 


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1 ‘‘(A) the term ‘awaiting testing’, which shall 

2 take into account the need for testing of the sam3 ple to close an open investigation; 

4 ‘‘(B) the term ‘backlog for DNA case work’, 

5 which— 

6 ‘‘(i) shall take into consideration the 

7 different stages at which a backlog may de8 velop, including the investigation and pros9 ecution of a crime by law enforcement per10 sonnel, prosecutors, and others, and the lab11 oratory analysis of crime scene samples; 

12 and 

13 ‘‘(ii) may include different criteria or 

14 thresholds for the different stages; and 

15 ‘‘(C) the term ‘possession’. 

16 ‘‘(c) AUTHORIZATION OF GRANTS.— 

17 ‘‘(1) PURPOSE.—The Attorney General may 

18 make grants to States or units of local government 

19 to— 

20 ‘‘(A) carry out, for inclusion in the Com21 bined DNA Index System, DNA analyses of sam22 ples collected under applicable legal authority; 

23 ‘‘(B) carry out, for inclusion in the Com24 bined DNA Index System, DNA analyses of sam25 ples from crime scenes, including samples from 


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1 rape kits, samples from other sexual assault evi2 dence, and samples taken in cases without an 

3 identified suspect; 

4 ‘‘(C) increase the capacity of laboratories 

5 owned by the State or unit of local government 

6 to carry out DNA analyses of samples specified 

7 in subparagraph (A) or (B); 

8 ‘‘(D) ensure that DNA testing and analysis 

9 of samples from crimes, including sexual assault 

10 and other violent crimes against persons, are 

11 carried out in a timely manner; 

12 ‘‘(E) ensure that the collection and proc13 essing of DNA evidence by law enforcement agen14 cies from crimes, including sexual assault and 

15 other violent crimes against persons, is carried 

16 out in an appropriate and timely manner and 

17 in accordance with the protocols and practices 

18 developed under subsection (b)(1); 

19 ‘‘(F) ensure effective communication regard20 ing the status of crime scene evidence to be tested 

21 among emergency response providers, law en22 forcement personnel, prosecutors, courts, defense 

23 counsel, crime laboratory personnel, victim serv24 ice professionals who work for law enforcement 

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1 tims, which may include the development and 

2 implementation of an evidence tracking system 

3 in accordance with the protocols and practices 

4 developed under subsection (b)(1); 

5 ‘‘(G) collect DNA samples as described in 

6 subparagraph (A); and 

7 ‘‘(H) make awards under the Katie Sepich 

8 Enhanced DNA Collection Act of 2012. 

9 ‘‘(2) APPLICATION.—A State or unit of local gov10 ernment desiring a grant under this subsection shall 

11 submit to the Attorney General an application in 

12 such form and containing such information as the At13 torney General may require, which shall include— 

14 ‘‘(A) assurances that the State or unit of 

15 local government has implemented, or will im16 plement not later than 120 days after the date 

17 of the award of the grant, a comprehensive 

18 plan— 

19 ‘‘(i) for the expeditious collection, proc20 essing, and analysis of DNA evidence in ac21 cordance with this section; and 

22 ‘‘(ii) that requires a State or unit of 

23 local government that is awarded a grant 

24 under paragraph (1)(E) to— 


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1 ‘‘(I) adopt the appropriate proto2 cols and practices developed under sub3 section (b)(1); and 

4 ‘‘(II) provide training with re5 spect to the protocols and procedures 

6 for appropriate personnel within a 

7 reasonable time after the promulgation 

8 of the protocols and practices; 

9 ‘‘(B) a certification that each DNA analysis 

10 carried out under the plan shall be maintained 

11 in accordance with the privacy requirements de12 scribed in section 210304(b)(3) of the Violent 

13 Crime Control and Law Enforcement Act of 

14 1994 (42 U.S.C. 14132(b)(3)); 

15 ‘‘(C) if submitted by a unit of local govern16 ment, a certification that the unit of local gov17 ernment has taken, or is taking, all appropriate 

18 steps to ensure that the unit of local government 

19 is eligible to include in the Combined DNA 

20 Index System, directly or through a State law 

21 enforcement agency that is responsible for Com22 bined DNA Index System database operation 

23 and administration, all analyses of samples for 

24 which the unit of local government has requested 

25 funding; and 


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1 ‘‘(D) an estimation of the percentage of the 

2 amounts received under the grant that the State 

3 or unit of local government shall use for each 

4 purpose described in paragraph (1) for which the 

5 State or unit of local government received the 

6 grant. 

7 ‘‘(3) ANALYSIS OF SAMPLES.— 

8 ‘‘(A) IN GENERAL.—A plan described in 

9 paragraph (2)(A) shall require that, except as 

10 provided in paragraph (4), each DNA analysis 

11 be carried out in a laboratory that— 

12 ‘‘(i) satisfies quality assurance stand13 ards as specified in subparagraph (B); and 

14 ‘‘(ii) is— 

15 ‘‘(I) operated by the State or a 

16 unit of local government; or 

17 ‘‘(II) operated by a private entity 

18 pursuant to a contract with the State 

19 or a unit of local government. 

20 ‘‘(B) QUALITY ASSURANCE STANDARDS.— 

21 ‘‘(i) IN GENERAL.—The Director of the 

22 Federal Bureau of Investigation shall main23 tain and make available to States and units 

24 of local government a description of quality 

25 assurance protocols and practices that the 


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1 Director of the Federal Bureau of Investiga2 tion considers adequate to assure the quality 

3 of a forensic laboratory. 

4 ‘‘(ii) EXISTING STANDARDS.—For pur5 poses of this paragraph, a laboratory satis6 fies quality assurance standards if the lab7 oratory satisfies the quality control require8 ments described in paragraphs (1) and (2) 

9 of section 210304(b) of the Violent Crime 

10 Control and Law Enforcement Act of 1994 

11 (42 U.S.C. 14132(b)). 

12 ‘‘(4) USE OF VOUCHERS OR CONTRACTS FOR

13 CERTAIN PURPOSES.— 

14 ‘‘(A) IN GENERAL.—A grant for a purpose 

15 specified in subparagraph (A), (B), or (D) of 

16 paragraph (1) may be made in the form of a 

17 voucher or contract for laboratory services, even 

18 if the laboratory makes a reasonable profit for 

19 the services. 

20 ‘‘(B) REDEMPTION.—A voucher or contract 

21 under subparagraph (A) may be redeemed at a 

22 laboratory operated on a nonprofit or for-profit 

23 basis, by a private entity that satisfies quality 

24 assurance standards as specified by paragraph 


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1 (3)(B) and has been approved by the Attorney 

2 General. 

3 ‘‘(C) PAYMENTS.—The Attorney General 

4 may use amounts appropriated to carry out this 

5 section to make payments to a laboratory de6 scribed under subparagraph (B). 

7 ‘‘(5) AUDITS AND PUBLICATION OF DNA BACK8 LOGS IN SEXUAL ASSAULT CASES.— 

9 ‘‘(A) IN GENERAL.—A plan described in 

10 paragraph (2)(A) shall require the State or unit 

11 of local government to submit to the Attorney 

12 General an audit every 2 years reflecting the 

13 backlog for DNA case work in sexual assault 

14 cases within the jurisdiction in which the funds 

15 will be used, including a specific breakdown of 

16 cases, as determined by the Director (in con17 sultation with Federal, State, and local law en18 forcement agencies and government laboratories 

19 under subsection (b)(1)), and the percentage of 

20 the amounts received under the grant allocated to 

21 reducing the backlog of DNA case work in sexual 

22 assault cases. 

23 ‘‘(B) COMPILATION.—The Attorney General 

24 shall annually compile and publish the audits 


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1 submitted under subparagraph (A) on the 

2 website of the Department of Justice. 

3 ‘‘(d) FORMULA FOR DISTRIBUTION OF GRANTS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

5 and (3), the Attorney General shall distribute grant 

6 amounts, and establish appropriate grant conditions 

7 under this section, in conformity with a formula or 

8 formulas that are designed to effectuate a distribution 

9 of funds among States and units of local government 

10 applying for grants under this section that— 

11 ‘‘(A) maximizes the effective use of DNA 

12 technology to solve crimes and protect public 

13 safety; and 

14 ‘‘(B) allocates grants among States and 

15 units of local government fairly and efficiently, 

16 across rural and urban jurisdictions, to address 

17 States and units of local government in which 

18 significant backlogs for DNA case work exist, by 

19 considering— 

20 ‘‘(i) the number of offender and case21 work samples awaiting testing in a State or 

22 unit of local government; 

23 ‘‘(ii) the population in the State or 

24 unit of local government; 


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1 ‘‘(iii) the number of part 1 violent 

2 crimes in the State or unit of local govern3 ment; and 

4 ‘‘(iv) the availability of resources to 

5 train emergency response providers, law en6 forcement personnel, prosecutors, and crime 

7 laboratory personnel on the effectiveness of 

8 appropriate and timely DNA collection, 

9 processing, and analysis. 

10 ‘‘(2) MINIMUM AMOUNT.—The Attorney General 

11 shall allocate to each State not less than 0.50 percent 

12 of the total amount appropriated in a fiscal year for 

13 grants under this section, except that the United 

14 States Virgin Islands, American Samoa, Guam, and 

15 the Northern Mariana Islands shall each be allocated 

16 0.125 percent of the total amount appropriated in a 

17 fiscal year for grants under this section. 

18 ‘‘(3) LIMITATION.—In distributing grant 

19 amounts under paragraph (1), the Attorney General 

20 shall ensure that for each of fiscal years 2013 through 

21 2017, not less than 75 percent of the grant amounts 

22 are awarded for purposes described in subparagraphs 

23 (A), (B), or (C) of subsection (c)(1). 

24 ‘‘(4) AUDIT LIMITATION.—Not more than 3 per25 cent of the amount awarded under a grant under this 


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1 section may be used to conduct an audit under sub2 section (c)(5). 

3 ‘‘(e) RESTRICTIONS ON USE OF FUNDS.— 

4 ‘‘(1) NONSUPPLANTING.—Funds made available 

5 under this section shall not be used to supplant funds 

6 of a State or unit of local government, and shall be 

7 used to increase the amount of funds that would, in 

8 the absence of Federal funds, be made available from 

9 the State or unit of local government for the purposes 

10 described in this Act. 

11 ‘‘(2) ADMINISTRATIVE COSTS.—A State or unit 

12 of local government may not use more than 3 percent 

13 of the amounts made available under a grant under 

14 this section for administrative expenses relating to the 

15 grant. 

16 ‘‘(f) REPORTS TO THE ATTORNEY GENERAL.—Each 

17 State or unit of local government that receives a grant 

18 under this section shall submit to the Attorney General, for 

19 each year in which funds from a grant received under this 

20 section are expended, a report at such time and in such 

21 manner as the Attorney General may reasonably require, 

22 that contains— 

23 ‘‘(1) a summary of the activities carried out 

24 under the grant and an assessment of whether such 


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1 activities are meeting the needs identified in the ap2 plication; and 

3 ‘‘(2) such other information as the Attorney Gen4 eral may require. 

5 ‘‘(g) REPORTS TO CONGRESS.—Not later than 90 days 

6 after the end of each fiscal year for which grants are made 

7 under this section, the Attorney General shall submit to 

8 Congress a report that includes— 

9 ‘‘(1) the aggregate amount of grants made under 

10 this section to each State or unit of local government 

11 for the fiscal year; 

12 ‘‘(2) a summary of the information provided by 

13 States or units of local government receiving grants 

14 under this section; and 

15 ‘‘(3) a description of the priorities and plan for 

16 awarding grants among eligible States and units of 

17 local government, and how the plan will ensure the ef18 fective use of DNA technology to solve crimes and pro19 tect public safety. 

20 ‘‘(h) EXPENDITURE RECORDS.— 

21 ‘‘(1) IN GENERAL.—Each State or unit of local 

22 government that receives a grant under this section 

23 shall keep such records as the Attorney General may 

24 require to facilitate an effective audit of the receipt 

25 and use of grant funds received under this section. 


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1 ‘‘(2) ACCESS.—Each State or unit of local gov2 ernment that receives a grant under this section shall 

3 make available, for the purpose of audit and exam4 ination, any records relating to the receipt or use of 

5 the grant. 

6 ‘‘(i) USE OF FUNDS FOR ACCREDITATION AND AU7 DITS.—The Attorney General may distribute not more than 

8 1 percent of the amounts made available for grants under 

9 this section for a fiscal year— 

10 ‘‘(1) to States or units of local government to de11 fray the costs incurred by laboratories operated by 

12 each such State or unit of local government in pre13 paring for accreditation or reaccreditation; 

14 ‘‘(2) in the form of additional grants to States, 

15 units of local government, or nonprofit professional 

16 organizations of persons actively involved in forensic 

17 science and nationally recognized within the forensic 

18 science community to— 

19 ‘‘(A) defray the costs of external audits of 

20 laboratories operated by the State or unit of local 

21 government, which participates in the National 

22 DNA Index System, to determine whether the 

23 laboratory is in compliance with quality assur24 ance standards; 


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1 ‘‘(B) assess compliance with any plans sub2 mitted to the Director that detail the use of funds 

3 received by States or units of local government 

4 under this section; and 

5 ‘‘(C) support capacity building efforts; and 

6 ‘‘(3) in the form of additional grants to non7 profit professional associations actively involved in 

8 forensic science and nationally recognized within the 

9 forensic science community to defray the costs of 

10 training persons who conduct external audits of lab11 oratories operated by States and units of local govern12 ment and which participate in the National DNA 

13 Index System. 

14 ‘‘(j) USE OF FUNDS FOR OTHER FORENSIC

15 SCIENCES.—The Attorney General may make a grant 

16 under this section to a State or unit of local government 

17 to alleviate a backlog of cases with respect to a forensic 

18 science other than DNA analysis if the State or unit of local 

19 government— 

20 ‘‘(1) certifies to the Attorney General that in 

21 such State or unit— 

22 ‘‘(A) all of the purposes set forth in sub23 section (c) have been met; 


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1 ‘‘(B) there is not a backlog for DNA case 

2 work, as defined by the Director in accordance 

3 with subsection (b)(3); and 

4 ‘‘(C) there is no need for significant labora5 tory equipment, supplies, or additional personnel 

6 for timely processing of DNA case work or of7 fender samples; and 

8 ‘‘(2) demonstrates to the Attorney General that 

9 the State or unit of local government requires assist10 ance in alleviating a backlog of cases involving a fo11 rensic science other than DNA analysis. 

12 ‘‘(k) EXTERNAL AUDITS AND REMEDIAL EFFORTS.— 

13 If a laboratory operated by a State or unit of local govern14 ment which has received funds under this section has under15 gone an external audit conducted to determine whether the 

16 laboratory is in compliance with standards established by 

17 the Director of the Federal Bureau of Investigation, and, 

18 as a result of the audit, identifies measures to remedy defi19 ciencies with respect to the compliance by the laboratory 

20 with the standards, the State or unit of local government 

21 shall implement any such remediation as soon as prac22 ticable. 

23 ‘‘(l) PENALTY FOR NONCOMPLIANCE.— 

24 ‘‘(1) IN GENERAL.—The Attorney General shall 

25 annually compile a list of the States and units of 


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1 local government receiving a grant under this section 

2 that have failed to provide the information required 

3 under subsection (c)(5)(A) or (f). The Attorney Gen4 eral shall publish each list compiled under this para5 graph on the website of the Department of Justice. 

6 ‘‘(2) REDUCTION IN GRANT FUNDS.—For any 

7 State or local government that the Attorney General 

8 determines has failed to provide the information re9 quired under subsection (c)(5)(A) or (f), the Attorney 

10 General may not award a grant under this section for 

11 the fiscal year after the fiscal year to which the deter12 mination relates in an amount that is more than 50 

13 percent of the amount the State or local government 

14 would have otherwise received. 

15 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Attorney General 

17 for grants under this section $151,000,000 for each of fiscal 

18 years 2013 through 2017.’’. 

19 (b) REPORT.— 

20 (1) EVALUATION.— 

21 (A) IN GENERAL.—Not later than 180 days 

22 after the date of enactment of this Act, the Direc23 tor of the Federal Bureau of Investigation shall 

24 evaluate the performance, technical proficiency, 

25 adherence to quality assurance standards, and 


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1 other policies, standards, and protocols relating 

2 to the use of private laboratories in the analysis 

3 of DNA evidence. 

4 (B) CONDUCT OF EVALUATION.—The eval5 uation under this paragraph shall— 

6 (i) include the mandatory technical re7 view of the analysis of DNA evidence by a 

8 private laboratory on behalf of a public lab9 oratory before uploading the DNA profiles 

10 into the Combined DNA Index System of 

11 the Federal Bureau of Investigation; and 

12 (ii) prioritize the need to guarantee the 

13 integrity of the Combined DNA Index Sys14 tem. 

15 (2) COMMENTS.—The Director shall provide an 

16 opportunity for interested parties, including public 

17 and private laboratories and State and local law en18 forcement agencies, to comment on the findings of the 

19 evaluation under paragraph (1) before the report is 

20 submitted to Congress in accordance with paragraph 

21 (3). 

22 (3) REPORT TO CONGRESS.—Not later than 60 

23 days after the date on which the Director of the Fed24 eral Bureau of Investigation completes the evaluation 

25 under paragraph (1), the Director shall submit to 


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1 Congress a report of the findings of the evaluation 

2 and any proposed policy changes. 

3 (c) TRANSITION PROVISION.— 

4 (1) DEFINITION.—In this subsection, the term 

5 ‘‘transition date’’ means the day after the latter of— 

6 (A) the date on which the Director of the 

7 National Institute of Justice publishes a defini8 tion of the term ‘‘backlog for DNA case work’’ in 

9 accordance with section 2(b)(3) of the DNA 

10 Analysis Backlog Elimination Act of 2000, as 

11 amended by subsection (a); and 

12 (B) the date on which the Director of the 

13 National Institute of Justice publishes a descrip14 tion of protocols and practices in accordance 

15 with section 2(b)(1) of the DNA Analysis Back16 log Elimination Act of 2000, as amended by sub17 section (a). 

18 (2) TRANSITION.—Notwithstanding the amend19 ments made by subsection (a)— 

20 (A) the Attorney General may make grants 

21 under section 2 of the DNA Analysis Backlog 

22 Elimination Act of 2000 (42 U.S.C. 14135), as 

23 in effect on the day before the date of enactment 

24 of this Act, until the end of the fiscal year dur25 ing which the transition date occurs; and 


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1 (B) the Attorney General may not make a 

2 grant under section 2 of the DNA Analysis Back3 log Elimination Act of 2000, as amended by sub4 section (a), until the start of the first full fiscal 

5 year after the transition date. 

6 SEC. 104. RAPE EXAM PAYMENTS. 

7 Section 2010 of title I of the Omnibus Crime Control 

8 and Safe Streets Act of 1968 (42 U.S.C. 3796gg–4) is 

9 amended— 

10 (1) in subsection (a)(1)— 

11 (A) by striking ‘‘entity incurs the full’’ and 

12 inserting the following: ‘‘entity— 

13 ‘‘(A) incurs the full’’; 

14 (B) by striking the period at the end and 

15 inserting ‘‘; and’’; and 

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

17 ‘‘(B) coordinates with regional health care 

18 providers to notify victims of sexual assault of 

19 the availability of rape exams at no cost to the 

20 victims.’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by adding ‘‘or’’ at the 

23 end; 

24 (B) in paragraph (2), by striking ‘‘; or’’ 

25 and inserting a period; and 


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1 (C) by striking paragraph (3); and 

2 (3) in subsection (d), by striking ‘‘(d) RULE OF

3 CONSTRUCTION.—’’ and all that follows through the 

4 end of paragraph (1) and inserting the following: 

5 ‘‘(d) NONCOOPERATION.— 

6 ‘‘(1) IN GENERAL.—To be in compliance with 

7 this section, a State, Indian tribal government, or 

8 unit of local government shall comply with subsection 

9 (b) without regard to whether the victim participates 

10 in the criminal justice system or cooperates with law 

11 enforcement.’’. 

12 SEC. 105. ADDITIONAL REAUTHORIZATIONS. 

13 (a) DNA TRAINING AND EDUCATION FOR LAW EN14 FORCEMENT.—Section 303(b) of the Justice for All Act of 

15 2004 (42 U.S.C. 14136(b)) is amended by striking 

16 ‘‘$12,500,000 for each of fiscal years 2009 through 2014’’ 

17 and inserting ‘‘$5,000,000 for each of fiscal years 2013 

18 through 2017’’. 

19 (b) SEXUAL ASSAULT FORENSIC EXAM PROGRAM

20 GRANTS.—Section 304(c) of the Justice for All Act of 2004 

21 (42 U.S.C. 14136a(c)) is amended by striking ‘‘$30,000,000 

22 for each of fiscal years 2009 through 2014’’ and inserting 

23 ‘‘$15,000,000 for each of fiscal years 2013 through 2017’’. 

24 (c) DNA RESEARCH AND DEVELOPMENT.—Section 

25 305(c) of the Justice for All Act of 2004 (42 U.S.C. 


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1 14136b(c)) is amended by striking ‘‘$15,000,000 for each 

2 of fiscal years 2005 through 2009’’ and inserting 

3 ‘‘$5,000,000 for each of fiscal years 2013 through 2017’’. 

4 (d) FBI DNA PROGRAMS.—Section 307(a) of the Jus5 tice for All Act of 2004 (Public Law 108–405; 118 Stat. 

6 2275) is amended by striking ‘‘$42,100,000 for each of fiscal 

7 years 2005 through 2009’’ and inserting ‘‘$10,000,000 for 

8 each of fiscal years 2013 through 2017’’. 

9 (e) DNA IDENTIFICATION OF MISSING PERSONS.— 

10 Section 308(c) of the Justice for All Act of 2004 (42 U.S.C. 

11 14136d(c)) is amended by striking ‘‘fiscal years 2005 

12 through 2009’’ and inserting ‘‘fiscal years 2013 through 

13 2017’’. 

14 SEC. 106. PAUL COVERDELL FORENSIC SCIENCES IMPROVE15 MENT GRANTS. 

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

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

18 3793(a)(24)) is amended— 

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

20 the end; 

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

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

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

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

25 2013 through 2017.’’. 


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1 SEC. 107. IMPROVING THE QUALITY OF REPRESENTATION 

2 IN STATE CAPITAL CASES. 

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

4 U.S.C. 14163e) is amended— 

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

6 for each of fiscal years 2005 through 2009’’ and in7 serting ‘‘$30,000,000 for each of fiscal years 2013 

8 through 2017’’; and 

9 (2) in subsection (b), by inserting before the pe10 riod at the end the following: ‘‘, or upon a showing 

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

12 General, the State may determine a fair allocation of 

13 funds across the uses described in sections 421 and 

14 422’’. 

15 SEC. 108. POST-CONVICTION DNA TESTING. 

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

17 States Code, is amended— 

18 (1) in subsection (a)— 

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

20 ‘‘death’’; and 

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

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

23 through ‘‘knowingly fail to request’’ and insert24 ing ‘‘and the applicant did not knowingly fail to 

25 request’’; and 

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


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1 (b) PRESERVATION OF BIOLOGICAL EVIDENCE.—Sec2 tion 3600A(c) of title 18, United States Code, is amended— 

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

4 (2) by redesignating paragraphs (3), (4), and (5) 

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

6 SEC. 109. INCENTIVE GRANTS TO STATES TO ENSURE CON7 SIDERATION OF CLAIMS OF ACTUAL INNO8 CENCE. 

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

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

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

12 striking ‘‘fiscal years 2005 through 2009’’ and insert13 ing ‘‘fiscal years 2013 through 2017’’; and 

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

15 following: 

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

17 of local government, provide a certification by the 

18 chief legal officer of the State in which the eligible en19 tity operates or the chief legal officer of the jurisdic20 tion in which the funds will be used for the purposes 

21 of the grants, that the State or jurisdiction— 

22 ‘‘(A) provides DNA testing of specified evi23 dence under a State statute or a State or local 

24 rule or regulation to persons convicted after trial 

25 and under a sentence of imprisonment or death 


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1 for a State felony offense, in a manner intended 

2 to ensure a reasonable process for resolving 

3 claims of actual innocence that ensures post-con4 viction DNA testing in at least those cases that 

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

6 United States Code, had they been Federal cases, 

7 and, if the results of the testing exclude the ap8 plicant as the perpetrator of the offense, permits 

9 the applicant to apply for post-conviction relief, 

10 notwithstanding any provision of law that would 

11 otherwise bar the application as untimely; and 

12 ‘‘(B) preserves biological evidence, as de13 fined in section 3600A of title 18, United States 

14 Code, under a State statute or a State or local 

15 rule, regulation, or practice in a manner in16 tended to ensure that reasonable measures are 

17 taken by the State or jurisdiction to preserve bio18 logical evidence secured in relation to the inves19 tigation or prosecution of, at a minimum, mur20 der, non-negligent manslaughter, and sexual of21 fenses.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 412(b) of the Justice for All Act of 2004 (42 U.S.C. 

24 14136e(b)) is amended— 


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1 (1) by striking ‘‘fiscal years 2005 through 2009’’ 

2 and inserting ‘‘fiscal years 2013 through 2017’’; and 

3 (2) by striking ‘‘$5,000,000’’ and inserting 

4 ‘‘$10,000,000’’. 

5 SEC. 110. ESTABLISHMENT OF BEST PRACTICES FOR EVI6 DENCE RETENTION. 

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

8 for All Act of 2004 (Public Law 108–405; 118 Stat. 2278) 

9 is amended by adding at the end the following: 

10 ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVI11 DENCE RETENTION. 

12 ‘‘(a) IN GENERAL.—The Director of the National In13 stitute of Justice, in consultation with Federal, State, and 

14 local law enforcement agencies and government laboratories, 

15 shall— 

16 ‘‘(1) establish best practices for evidence reten17 tion to focus on the preservation of biological evi18 dence; and 

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

20 in adopting and implementing the best practices es21 tablished under paragraph (1). 

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

23 of enactment of this section, the Director of the National 

24 Institute of Justice shall publish the best practices estab25 lished under subsection (a)(1). 


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

2 construed to require or obligate compliance with the best 

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

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

5 table of contents in section 1(b) of the Justice for All Act 

6 of 2004 (Public Law 108–405; 118 Stat. 2260) is amended 

7 by inserting after the item relating to section 413 the fol8 lowing: 

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

9 SEC. 111. EFFECTIVE ADMINISTRATION OF CRIMINAL JUS10 TICE. 

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

12 ‘‘Effective Administration of Criminal Justice Act of 2012’’. 

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

14 the Omnibus Crime Control and Safe Streets Act of 1968 

15 (42 U.S.C. 3752) is amended— 

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

17 request a grant’’; and 

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

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

20 how grants received under this section will be used to 

21 improve the administration of the criminal justice 

22 system, which shall— 

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

24 governments, and all segments of the criminal 

25 justice system, including judges, prosecutors, law 


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1 enforcement personnel, corrections personnel, and 

2 providers of indigent defense services, victim 

3 services, juvenile justice delinquency prevention 

4 programs, community corrections, and reentry 

5 services; 

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

7 will allocate funding within and among each of 

8 the uses described in subparagraphs (A) through 

9 (G) of section 501(a)(1); 

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

11 for gathering evidence-based data and developing 

12 and using evidence-based and evidence-gathering 

13 approaches in support of funding decisions; and 

14 ‘‘(D) be updated every 5 years, with annual 

15 progress reports that— 

16 ‘‘(i) address changing circumstances in 

17 the State, if any; 

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

19 adjust funding within and among each of 

20 the uses described in subparagraphs (A) 

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

22 ‘‘(iii) provide an ongoing assessment of 

23 need; 


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1 ‘‘(iv) discuss the accomplishment of 

2 goals identified in any plan previously pre3 pared under this paragraph; and 

4 ‘‘(v) reflect how the plan influenced 

5 funding decisions in the previous year. 

6 ‘‘(b) TECHNICAL ASSISTANCE.— 

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

8 days after the date of enactment of this subsection, the 

9 Attorney General shall begin to provide technical as10 sistance to States and local governments requesting 

11 support to develop and implement the strategic plan 

12 required under subsection (a)(6). 

13 ‘‘(2) PROTECTION OF CONSTITUTIONAL

14 RIGHTS.—Not later than 90 days after the date of en15 actment of this subsection, the Attorney General shall 

16 begin to provide technical assistance to States and 

17 local governments, including any agent thereof with 

18 responsibility for administration of justice, requesting 

19 support to meet the obligations established by the 

20 Sixth Amendment to the Constitution of the United 

21 States, which shall include— 

22 ‘‘(A) public dissemination of practices, 

23 structures, or models for the administration of 

24 justice consistent with the requirements of the 

25 Sixth Amendment; and 


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1 ‘‘(B) assistance with adopting and imple2 menting a system for the administration of jus3 tice consistent with the requirements of the Sixth 

4 Amendment. 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated $5,000,000 for 

7 each of fiscal years 2013 through 2017 to carry out 

8 this subsection.’’. 

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

10 strategic plan under section 501(a)(6) of title I of the Omni11 bus Crime Control and Safe Streets Act of 1968, as added 

12 by subsection (b), shall apply to any application submitted 

13 under such section 501 for a grant for any fiscal year begin14 ning after the date that is 1 year after the date of enactment 

15 of this Act. 

16 SEC. 112. OVERSIGHT AND ACCOUNTABILITY. 

17 All grants awarded by the Department of Justice that 

18 are authorized under this Act shall be subject to the fol19 lowing: 

20 (1) AUDIT REQUIREMENT.—Beginning in fiscal 

21 year 2013, and each fiscal year thereafter, the Inspec22 tor General of the Department of Justice shall conduct 

23 audits of recipients of grants under this Act to pre24 vent waste, fraud, and abuse of funds by grantees. 


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1 The Inspector General shall determine the appro2 priate number of grantees to be audited each year. 

3 (2) MANDATORY EXCLUSION.—A recipient of 

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

5 unresolved audit finding shall not be eligible to re6 ceive grant funds under this Act during the 2 fiscal 

7 years beginning after the 12-month period described 

8 in paragraph (5). 

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

10 Act, the Attorney General shall give priority to eligi11 ble entities that, during the 3 fiscal years before sub12 mitting an application for a grant under this Act, 

13 did not have an unresolved audit finding showing a 

14 violation in the terms or conditions of a Department 

15 of Justice grant program. 

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

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

18 period in which the entity is barred from receiving 

19 grants under paragraph (2), the Attorney General 

20 shall— 

21 (A) deposit an amount equal to the grant 

22 funds that were improperly awarded to the 

23 grantee into the General Fund of the Treasury; 

24 and 


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1 (B) seek to recoup the costs of the repay2 ment to the fund from the grant recipient that 

3 was erroneously awarded grant funds. 

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

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

6 finding in the final audit report of the Inspector Gen7 eral of the Department of Justice that the grantee has 

8 utilized grant funds for an unauthorized expenditure 

9 or otherwise unallowable cost that is not closed or re10 solved within a 12-month period beginning on the 

11 date when the final audit report is issued. 

12 (6) NONPROFIT ORGANIZATION REQUIRE13 MENTS.— 

14 (A) DEFINITION.—For purposes of this sec15 tion and the grant programs described in this 

16 Act, the term ‘‘ ‘nonprofit organization’ ’’ means 

17 an organization that is described in section 

18 501(c)(3) of the Internal Revenue Code of 1986 

19 and is exempt from taxation under section 

20 501(a) of such Code. 

21 (B) PROHIBITION.—The Attorney General 

22 shall not award a grant under any grant pro23 gram described in this Act to a nonprofit organi24 zation that holds money in offshore accounts for 

25 the purpose of avoiding paying the tax described 


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

2 of 1986. 

3 (C) DISCLOSURE.—Each nonprofit organi4 zation that is awarded a grant under a grant 

5 program described in this Act and uses the pro6 cedures prescribed in regulations to create a re7 buttable presumption of reasonableness for the 

8 compensation of its officers, directors, trustees 

9 and key employees, shall disclose to the Attorney 

10 General, in the application for the grant, the 

11 process for determining such compensation, in12 cluding the independent persons involved in re13 viewing and approving such compensation, the 

14 comparability data used, and contemporaneous 

15 substantiation of the deliberation and decision. 

16 Upon request, the Attorney General shall make 

17 the information disclosed under this subsection 

18 available for public inspection. 

19 (7) ADMINISTRATIVE EXPENSES.—Unless other20 wise explicitly provided in authorizing legislation, 

21 not more than 7.5 percent of the amounts authorized 

22 to be appropriated under this Act may be used by the 

23 Attorney General for salaries and administrative ex24 penses of the Department of Justice. 

25 (8) CONFERENCE EXPENDITURES.— 


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1 (A) LIMITATION.—No amounts authorized 

2 to be appropriated to the Department of Justice 

3 under this Act may be used by the Attorney Gen4 eral or by any individual or organization 

5 awarded discretionary funds through a coopera6 tive agreement under this Act, to host or support 

7 any expenditure for conferences that uses more 

8 than $20,000 in Department funds, unless the 

9 Deputy Attorney General or the appropriate As10 sistant Attorney General, Director, or principal 

11 deputy as the Deputy Attorney General may des12 ignate, provides prior written authorization that 

13 the funds may be expended to host a conference. 

14 (B) WRITTEN APPROVAL.—Written ap15 proval under subparagraph (A) shall include a 

16 written estimate of all costs associated with the 

17 conference, including the cost of all food and bev18 erages, audio/visual equipment, honoraria for 

19 speakers, and any entertainment. 

20 (C) REPORT.—The Deputy Attorney Gen21 eral shall submit an annual report to the Com22 mittee on the Judiciary of the Senate and the 

23 Committee on the Judiciary of the House of Rep24 resentatives on all conference expenditures ap25 proved by operation of this paragraph. 


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1 (9) PROHIBITION ON LOBBYING ACTIVITY.— 

2 (A) IN GENERAL.—Amounts authorized to 

3 be appropriated under this Act may not be uti4 lized by any grant recipient to— 

5 (i) lobby any representative of the De6 partment of Justice regarding the award of 

7 grant funding; or 

8 (ii) lobby any representative of a Fed9 eral, state, local, or tribal government re10 garding the award of grant funding. 

11 (B) PENALTY.—If the Attorney General de12 termines that any recipient of a grant under this 

13 Act has violated subparagraph (A), the Attorney 

14 General shall— 

15 (i) require the grant recipient to repay 

16 the grant in full; and 

17 (ii) prohibit the grant recipient from 

18 receiving another grant under this Act for 

19 not less than 5 years. 

20 TITLE II—KATIE SEPICH EN21 HANCED DNA COLLECTION 

22 ACT OF 2012 

23 SEC. 201. SHORT TITLE. 

24 This title may be cited as the ‘‘Katie Sepich Enhanced 

25 DNA Collection Act of 2012’’. 


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1 SEC. 202. DEFINITIONS. 

2 For purposes of this title: 

3 (1) MINIMUM DNA COLLECTION PROCESS.—The 

4 term ‘‘minimum DNA collection process’’ means, with 

5 respect to a State, a process under which the Com6 bined DNA Index System (CODIS) of the Federal Bu7 reau of Investigation is searched at least 1 time 

8 against samples from the following individuals who 

9 are at least 18 years of age: 

10 (A) Individuals who are arrested for or 

11 charged with a criminal offense under State law 

12 that consists of murder or voluntary man13 slaughter. 

14 (B) Individuals who are arrested for or 

15 charged with a criminal offense under State law 

16 that involves a sexual act or sexual contact with 

17 another and that is punishable by imprisonment 

18 for more than 5 years. 

19 (C) Individuals who are arrested for or 

20 charged with a criminal offense under State law 

21 that involves kidnapping or abduction and that 

22 is punishable by imprisonment for more than 5 

23 years. 

24 (2) ENHANCED DNA COLLECTION PROCESS.—The 

25 term ‘‘enhanced DNA collection process’’ means, with 

26 respect to a State, a process under which the State 


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1 provides for the collection, for purposes of inclusion in 

2 the Combined DNA Index System (CODIS) of the 

3 Federal Bureau of Investigation, of DNA samples 

4 from the following individuals who are at least 18 

5 years of age: 

6 (A) Individuals who are arrested for or 

7 charged with a criminal offense under State law 

8 that consists of murder or voluntary man9 slaughter. 

10 (B) Individuals who are arrested for or 

11 charged with a criminal offense under State law 

12 that involves a sexual act or sexual contact with 

13 another and that is punishable by imprisonment 

14 for more than 1 year. 

15 (C) Individuals who are arrested for or 

16 charged with a criminal offense under State law 

17 that involves kidnapping or abduction and that 

18 is punishable by imprisonment for more than 1 

19 year. 

20 (D) Individuals who are arrested for or 

21 charged with a criminal offense under State law 

22 that consists of burglary punishable by impris23 onment for more than 1 year. 

24 (E) Individuals who are arrested for or 

25 charged with a criminal offense under State law 


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1 that consists of assault punishable by imprison2 ment for more than 1 year. 

3 (3) STATE.—The term ‘‘State’’ means any State 

4 of the United States, the District of Columbia, the 

5 Commonwealth of Puerto Rico, the Virgin Islands, 

6 American Samoa, Guam, and the Commonwealth of 

7 the Northern Mariana Islands. 

8 SEC. 203. GRANTS TO STATES TO IMPLEMENT MINIMUM 

9 AND ENHANCED DNA COLLECTION PROC10 ESSES. 

11 (a) GRANTS AUTHORIZED.—The Attorney General 

12 shall, subject to amounts made available pursuant to section 

13 205, carry out a grant program for the purpose of assisting 

14 States with the costs associated with the implementation of 

15 minimum or enhanced DNA collection processes. 

16 (b) APPLICATIONS.— 

17 (1) IN GENERAL.—To be eligible to receive a 

18 grant under this section, in addition to any other re19 quirements specified by the Attorney General, a State 

20 shall submit to the Attorney General an application 

21 that demonstrates that it has statutory authorization 

22 for the implementation of either a minimum or en23 hanced DNA collection process. 

24 (2) NON-SUPPLANTING FUNDS.—An application 

25 submitted under paragraph (1) by a State shall inVerDate Mar 15 2010 21:02 Jun 21, 2012 Jkt 019200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\S250.RS S250

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1 clude assurances that the amounts received under the 

2 grant under this section shall be used to supplement, 

3 not supplant, State funds that would otherwise be 

4 available for the purpose described in subsection (a). 

5 (3) OTHER REQUIREMENTS.—The Attorney Gen6 eral shall require a State seeking a grant under this 

7 section to document how such State will use the grant 

8 to meet expenses associated with a State’s implemen9 tation or planned implementation of a minimum or 

10 enhanced DNA collection process. 

11 (c) GRANT ALLOCATION.— 

12 (1) IN GENERAL.—The amount available to a 

13 State under this section shall be based on the pro14 jected costs that will be incurred by the State to im15 plement a minimum or enhanced DNA collection 

16 process. Subject to paragraph (2), the Attorney Gen17 eral shall retain discretion to determine the amount 

18 of each such grant awarded to an eligible State. 

19 (2) MAXIMUM GRANT ALLOCATION.— 

20 (A) STATES MEETING MINIMUM DNA COL21 LECTION PROCESS.—In the case of a State seek22 ing a grant under this section with respect to the 

23 implementation of a minimum DNA collection 

24 process, such State shall be eligible for a grant 

25 under this section that is equal to no more than 


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1 50 percent of the first year costs to the State of 

2 implementing such process. 

3 (B) STATES MEETING ENHANCED DNA COL4 LECTION PROCESS.—In the case of a State seek5 ing a grant under this section with respect to the 

6 implementation of an enhanced DNA collection 

7 process, such State shall be eligible for a grant 

8 under this section that is equal to no more than 

9 100 percent of the first year costs to the State of 

10 implementing such process. 

11 (d) GRANT CONDITIONS.—As a condition of receiving 

12 a grant under this section, a State shall have a procedure 

13 in place to— 

14 (1) provide written notification of expungement 

15 provisions and instructions for requesting 

16 expungement to all persons who submit a DNA sam17 ple for inclusion in the index; 

18 (2) provide the eligibility criteria for 

19 expungement and instructions for requesting 

20 expungement on an appropriate public website; and 

21 (3) make a determination on all expungement 

22 requests not later than 90 days after receipt and pro23 vide a written response of the determination to the re24 questing party. 


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1 SEC. 204. EXPUNGEMENT OF PROFILES. 

2 The expungement requirements under section 

3 210304(d) of the DNA Identification Act of 1994 (42 U.S.C. 

4 14132(d)) shall apply to any samples collected pursuant to 

5 this title for purposes of inclusion in the Combined DNA 

6 Index System (CODIS) of the Federal Bureau of Investiga7 tion. 

8 SEC. 205. AUTHORIZATION OF APPROPRIATIONS. 

9 There are authorized to be appropriated to carry out 

10 this title up to $10,000,000 for each of fiscal years 2013 

11 through 2015, to be derived from amounts appropriated 

12 pursuant to subsection (m) of section 2 of the DNA Analysis 

13 Backlog Elimination Act of 2000, as amended by section 

14 103 of this Act, in each such fiscal year for grants under 

15 such section. 

16 SEC. 206. REPORTS. 

17 The Attorney General shall submit to the Committee 

18 of the Judiciary of the House of Representatives and the 

19 Committee of the Judiciary of the Senate an annual report 

20 (which shall be made publicly available) that— 

21 (1) lists the States, for the year involved— 

22 (A) which have (and those States which 

23 have not) implemented a minimum DNA collec24 tion process and use such process; and 


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1 (B) which have (and those States which 

2 have not) implemented an enhanced DNA collec3 tion process and use such process; and 

4 (2) includes statistics, with respect to the year 

5 involved, regarding the benefits to law enforcement re6 sulting from the implementation of minimum and en7 hanced DNA collection processes, including the num8 ber of matches made due to the inclusion of arrestee 

9 profiles under such a process. 


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Calendar No. 435 

112TH CONGRESS 

2D SESSION S. 250 

A BILL 

To protect crime victims’ rights, to eliminate the 

cases, and for other purposes. prove the performance of counsel in State capital DNA evidence to exonerate the innocent, to imevidence, to provide post conviction testing of grams regarding the collection and use of DNA testing technologies, to develop new training proincrease research and development of new DNA Federal, State, and local crime laboratories, to prove and expand the DNA testing capacity of from crime scenes and convicted offenders, to imsubstantial backlog of DNA samples collected 

JUNE 21, 2012 

Reported with an amendment 


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