Justice for All Reauthorization Act of 2016

To protect crime victims' rights, to eliminate the substantial backlog of DNA and other forensic evidence samples to improve and expand the forensic science testing capacity of Federal, State, and local crime laboratories, to increase research and development of new testing technologies, to develop new training programs regarding the collection and use of forensic evidence, to provide post-conviction testing of DNA evidence to exonerate the innocent, to support accreditation efforts of forensic science laboratories and medical examiner offices, to address training and equipment needs, to improve the performance of counsel in State capital cases, and for other purposes. 1. Short title This Act may be cited as the Justice for All Reauthorization Act of 2016 2. Crime victims' rights (a) Restitution during supervised release Section 3583(d) of title 18, United States Code, is amended in the first sentence by inserting , that the defendant make restitution in accordance with sections 3663 and 3663A, or any other statute authorizing a sentence of restitution, supervision (b) Collection of restitution from defendant’s estate Section 3613(b) of title 18, United States Code, is amended by adding at the end the following: The liability to pay restitution shall terminate on the date that is the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person ordered to pay restitution. In the event of the death of the person ordered to pay restitution, the individual’s estate will be held responsible for any unpaid balance of the restitution amount, and the lien provided in subsection (c) of this section shall continue until the estate receives a written release of that liability. (c) Victim interpreters Rule 28 of the Federal Rules of Criminal Procedure is amended in the first sentence by inserting before the period at the end the following: , including an interpreter for the victim (d) GAO study (1) In general Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall— (A) conduct a study to determine whether enhancing the restitution provisions under sections 3663 and 3663A of title 18, United States Code, to provide courts broader authority to award restitution for Federal offenses would be beneficial to crime victims and what other factors Congress should consider in weighing such changes; and (B) submit to Congress a report on the study conducted under subparagraph (A). (2) Contents In conducting the study under paragraph (1), the Comptroller General shall focus on the benefits to crime victims that would result if the restitution provisions under sections 3663 and 3663A of title 18, United States Code, were expanded— (A) to apply to victims who have suffered harm, injury, or loss that would not have occurred but for the defendant’s related conduct; (B) in the case of an offense resulting in bodily injury resulting in the victim’s death, to allow the court to use its discretion to award an appropriate sum to reflect the income lost by the victim’s surviving family members or estate as a result of the victim’s death; (C) to require that the defendant pay to the victim an amount determined by the court to restore the victim to the position he or she would have been in had the defendant not committed the offense; and (D) to require that the defendant compensate the victim for any injury, harm, or loss, including emotional distress, that occurred as a result of the offense. 3. Authorization of appropriations for grants for crime victims (a) Crime victims legal assistance grants Section 103(b) of the Justice for All Act of 2004 ( Public Law 108–405 (1) in paragraph (1), by striking 2006, 2007, 2008, and 2009 2017 through 2021 (2) in paragraph (2), by striking 2006, 2007, 2008, and 2009 2017 through 2021 (3) in paragraph (3), by striking 2006, 2007, 2008, and 2009 2017 through 2021 (4) in paragraph (4), by striking 2006, 2007, 2008, and 2009 2017 through 2021 (5) in paragraph (5), by striking 2006, 2007, 2008, and 2009 2017 through 2021 (b) Crime victims notification grants Section 1404E(c) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10603e(c) 2006, 2007, 2008, and 2009 2017 through 2021 4. Reducing the rape kit backlog Of the amounts made available to the Attorney General for a DNA Analysis and capacity enhancement program and for other local, State, and Federal forensic activities under the heading State and local law enforcement Office of Justice Programs Department of Justice (1) not less than 75 percent of such amounts shall be provided for grants for direct testing activities described under paragraphs (1), (2), and (3) of section 2(a) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135(a) (2) not less than 5 percent of such amounts shall be provided for grants for law enforcement agencies to conduct audits of their backlogged rape kits, including through the creation of a tracking system, under section 2(a)(7) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135(a)(7) 5. Sexual assault nurse examiners Section 304 of the DNA Sexual Assault Justice Act of 2004 ( 42 U.S.C. 14136a (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following: (c) Preference (1) In general In reviewing applications submitted in accordance with a program authorized, in whole or in part, by this section, the Attorney General shall give preference to any eligible entity that certifies that the entity will use the grant funds to— (A) operate or expand forensic nurse examiner programs in a rural area or for an underserved population, as those terms are defined in section 4002 of the Violence Against Women Act of 1994 ( 42 U.S.C. 13925 (B) hire full-time forensic nurse examiners to conduct activities under subsection (a); or (C) sustain or establish a training program for forensic nurse examiners. (2) Directive to the Attorney General Not later than 120 days after the date of enactment of the Justice for All Reauthorization Act of 2016 . 6. Protecting the Violence Against Women Act Section 8(e)(1)(A) of the Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15607(e)(1)(A) (1) in clause (i), by striking and (2) in clause (ii), by striking the period and inserting ; and (3) by inserting at the end the following: (iii) the program is not administered by the Office on Violence Against Women of the Department of Justice. . 7. Clarification of violence against women act housing protections Section 41411(b)(3)(B)(ii) of the Violence Against Women Act of 1994 ( 42 U.S.C. 14043e–11(b)(3)(B)(ii) (1) in the first sentence, by inserting or resident any remaining tenant (2) in the second sentence, by inserting or resident tenant 8. Strengthening the Prison Rape Elimination Act The Prison Rape Elimination Act of 2003 ( 42 U.S.C. 15601 et seq. (1) in section 6(d)(2) ( 42 U.S.C. 15605(d)(2) (A) (i) include the certification of the chief executive that the State receiving such grant has adopted all national prison rape standards that, as of the date on which the application was submitted, have been promulgated under this Act; or (ii) demonstrate to the Attorney General, in such manner as the Attorney General shall require, that the State receiving such grant is actively working to adopt and achieve full compliance with the national prison rape standards described in clause (i); ; and (2) in section 8(e) ( 42 U.S.C. 15607(e) (A) by striking paragraph (2) and inserting the following: (2) Adoption of national standards (A) In general For each fiscal year, any amount that a State would otherwise receive for prison purposes for that fiscal year under a grant program covered by this subsection shall be reduced by 5 percent, unless the chief executive officer of the State submits to the Attorney General proof of compliance with this Act through— (i) a certification that the State has adopted, and is in full compliance with, the national standards described in subsection (a); or (ii) an assurance that the State intends to adopt and achieve full compliance with those national standards so as to ensure that a certification under clause (i) may be submitted in future years, which includes— (I) a commitment that not less than 5 percent of such amount shall be used for this purpose; or (II) a request that the Attorney General hold 5 percent of such amount in abeyance pursuant to the requirements of subparagraph (E). (B) Rules for certification (i) In general A chief executive officer of a State who submits a certification under this paragraph shall also provide the Attorney General with— (I) a list of the prisons under the operational control of the executive branch of the State; (II) a list of the prisons listed under subclause (I) that were audited during the most recently concluded audit year; (III) all final audit reports for prisons listed under subclause (I) that were completed during the most recently concluded audit year; and (IV) a proposed schedule for completing an audit of all the prisons listed under subclause (I) during the following 3 audit years. (ii) Audit appeal exception Beginning on the date that is 3 years after the date of enactment of the Justice for All Reauthorization Act of 2016 (C) Rules for assurances (i) In general A chief executive officer of a State who submits an assurance under subparagraph (A)(ii) shall also provide the Attorney General with— (I) a list of the prisons under the operational control of the executive branch of the State; (II) a list of the prisons listed under subclause (I) that were audited during the most recently concluded audit year; (III) an explanation of any barriers the State faces to completing required audits; (IV) all final audit reports for prisons listed under subclause (I) that were completed during the most recently concluded audit year; (V) a proposed schedule for completing an audit of all prisons under the operational control of the executive branch of the State during the following 3 audit years; and (VI) an explanation of the State’s current degree of implementation of the national standards. (ii) Additional requirement A chief executive officer of a State who submits an assurance under subparagraph (A)(ii)(I) shall, before receiving the applicable funds described in subparagraph (A)(ii)(I), also provide the Attorney General with a proposed plan for the expenditure of the funds during the applicable grant period. (iii) Accounting of funds A chief executive officer of a State who submits an assurance under subparagraph (A)(ii)(I) shall, in a manner consistent with the applicable grant reporting requirements, submit to the Attorney General a detailed accounting of how the funds described in subparagraph (A) were used. (D) Sunset of assurance option (i) In general On the date that is 3 years after the date of enactment of the Justice for All Reauthorization Act of 2016 (ii) Additional sunset On the date that is 6 years after the date of enactment of the Justice for All Reauthorization Act of 2016 (iii) Emergency assurances (I) Request Notwithstanding clause (ii), during the 2-year period beginning 6 years after the date of enactment of the Justice for All Reauthorization Act of 2016 (II) Grant of request The Attorney General shall grant a request submitted under subclause (I) within 60 days upon a showing of good cause. (E) Disposition of funds held in abeyance (i) In general If the chief executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) subsequently submits a certification under subparagraph (A)(i) during the 3-year period beginning on the date of enactment of the Justice for All Reauthorization Act of 2016 (ii) Release of funds If the chief executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) is unable to submit a certification during the 3-year period beginning on the date of enactment of the Justice for All Reauthorization Act of 2016 2/3 (iii) Redistribution of funds If the chief executive officer of a State who has submitted an assurance under subparagraph (A)(ii)(II) is unable to submit a certification during the 3-year period beginning on the date of enactment of the Justice for All Reauthorization Act of 2016 2/3 (F) Publication of audit results Not later than 1 year after the date of enactment of the Justice for All Reauthorization Act of 2016 (G) Report on implementation of national standards Not later than 2 years after the date of enactment of the Justice for All Reauthorization Act of 2016 ; and (B) by adding at the end the following: (8) Background checks for auditors An individual seeking certification by the Department of Justice to serve as an auditor of prison compliance with the national standards described in subsection (a) shall, upon request, submit fingerprints in the manner determined by the Attorney General for criminal history record checks of the applicable State and Federal Bureau of Investigation repositories. . 9. Additional reauthorizations (a) DNA research and development Section 305(c) of the Justice for All Act of 2004 ( 42 U.S.C. 14136b(c) $15,000,000 for each of fiscal years 2005 through 2009 $5,000,000 for each of fiscal years 2017 through 2021 (b) FBI DNA programs Section 307(a) of the Justice for All Act of 2004 ( Public Law 108–405 $42,100,000 for each of fiscal years 2005 through 2009 $10,000,000 for each of fiscal years 2017 through 2021 (c) DNA identification of missing persons Section 308(c) of the Justice for All Act of 2004 ( 42 U.S.C. 14136d(c) fiscal years 2005 through 2009 fiscal years 2017 through 2021 10. Paul Coverdell forensic sciences improvement grants (a) Grants Part BB of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797j (1) in section 2802(2) ( 42 U.S.C. 3797k(2) bodies and is accredited by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement, or attests, in a manner that is legally binding and enforceable, to use a portion of the grant amount to prepare and apply for such accreditation not more than 2 years after the date on which a grant is awarded under section 2801 (2) in section 2803(a) ( 42 U.S.C. 3797l(a) (A) in paragraph (1)— (i) by striking Seventy-five percent Eighty-five percent (ii) by striking 75 percent 85 percent (B) in paragraph (2), by striking Twenty-five percent Fifteen percent (C) in paragraph (3), by striking 0.6 percent 1 percent (3) in section 2804(a) ( 42 U.S.C. 3797m(a) (A) in paragraph (2)— (i) by inserting impression evidence, latent prints, (ii) by inserting digital evidence, fire evidence, toxicology, (B) in paragraph (3), by inserting and medicolegal death investigators laboratory personnel (C) by inserting at the end the following: (4) To address emerging forensic science issues (such as statistics, contextual bias, and uncertainty of measurement) and emerging forensic science technology (such as high throughput automation, statistical software, and new types of instrumentation). (5) To educate and train forensic pathologists in the United States. (6) To work with the States and units of local government to direct funding to medicolegal death investigation systems to facilitate accreditation of medical examiner and coroner offices and certification of medicolegal death investigators. ; and (4) in section 2806(a) ( 42 U.S.C. 3797o(a) (A) in paragraph (3), by striking and (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: (4) the progress of any unaccredited forensic science service provider receiving grant funds toward obtaining accreditation; and . (b) Authorization of appropriations Section 1001(a)(24) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(24) (1) in subparagraph (H), by striking and (2) in subparagraph (I), by striking the period at the end and inserting ; and (3) by adding at the end the following: (J) $25,000,000 for each of fiscal years 2017 through 2021. . 11. Improving the quality of representation in State capital cases Section 426 of the Justice for All Act of 2004 ( 42 U.S.C. 14163e (1) in subsection (a), by striking $75,000,000 for each of fiscal years 2005 through 2009 $30,000,000 for each of fiscal years 2017 through 2021 (2) in subsection (b), by inserting before the period at the end the following: , or upon a showing of good cause, and at the discretion of the Attorney General, the State may determine a fair allocation of funds across the uses described in sections 421 and 422 12. Post-conviction DNA testing (a) In general Section 3600 of title 18, United States Code, is amended— (1) by striking under a sentence of sentenced to (2) in subsection (a)— (A) in paragraph (1)(B)(i), by striking death (B) in paragraph (3)(A), by striking and the applicant did not— knowingly fail to request and the applicant did not knowingly fail to request (3) in subsection (b)(1)— (A) in subparagraph (A), by striking and (B) in subparagraph (B), by striking the period at the end and inserting ; and (C) by adding at the end the following: (C) order the Government to— (i) prepare an inventory of the evidence related to the case; and (ii) issue a copy of the inventory to the court, the applicant, and the Government. ; (4) in subsection (e)— (A) by amending paragraph (1) to read as follows: (1) Results (A) In general The results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government. (B) Results exclude applicant (i) In general If a DNA profile is obtained through testing that excludes the applicant as the source and the DNA complies with the Federal Bureau of Investigation’s requirements for the uploading of crime scene profiles to the National DNA Index System (referred to in this subsection as NDIS (ii) NDIS search The results of a search under clause (i) shall be simultaneously disclosed to the court, the applicant, and the Government. ; and (B) in paragraph (2), by striking the National DNA Index System (referred to in this subsection as NDIS NDIS (5) in subsection (g)(2)(B), by striking death (b) Preservation of biological evidence Section 3600A of title 18, United States Code, is amended— (1) in subsection (a), by striking under a sentence of sentenced to (2) in subsection (c)— (A) by striking paragraphs (1) and (2); and (B) by redesignating paragraphs (3), (4), and (5) as paragraphs (1), (2), and (3), respectively. 13. Kirk Bloodsworth post-conviction dna testing program (a) In general Section 413 of the Justice for All Act of 2004 ( 42 U.S.C. 14136 (1) in the matter preceding paragraph (1), by striking fiscal years 2005 through 2009 fiscal years 2017 through 2021 (2) by striking paragraph (2) and inserting the following: (2) for eligible entities that are a State or unit of local government, provide a certification by the chief legal officer of the State in which the eligible entity operates or the chief legal officer of the jurisdiction in which the funds will be used for the purposes of the grants, that the State or jurisdiction— (A) provides DNA testing of specified evidence under a State statute or a State or local rule or regulation to persons sentenced to imprisonment or death for a State felony offense, in a manner intended to ensure a reasonable process for resolving claims of actual innocence that ensures post-conviction DNA testing in at least those cases that would be covered by section 3600(a) of title 18, United States Code, had they been Federal cases and, if the results of the testing exclude the applicant as the source of the DNA, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise bar the application as untimely; and (B) preserves biological evidence, as defined in section 3600A of title 18, United States Code, under a State statute or a State or local rule, regulation, or practice in a manner intended to ensure that reasonable measures are taken by the State or jurisdiction to preserve biological evidence secured in relation to the investigation or prosecution of, at a minimum, murder, nonnegligent manslaughter and sexual offenses. . (b) Authorization of appropriations Section 412(b) of the Justice for All Act of 2004 ( 42 U.S.C. 14136e(b) $5,000,000 for each of fiscal years 2005 through 2009 $10,000,000 for each of fiscal years 2017 through 2021 14. Establishment of best practices for evidence retention (a) In general Subtitle A of title IV of the Justice for All Act of 2004 ( Public Law 108–405 414. Establishment of best practices for evidence retention (a) In general The Director of the National Institute of Justice, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall— (1) establish best practices for evidence retention to focus on the preservation of forensic evidence; and (2) assist State, local, and tribal governments in adopting and implementing the best practices established under paragraph (1). (b) Deadline Not later than 1 year after the date of enactment of this section, the Director of the National Institute of Justice shall publish the best practices established under subsection (a)(1). (c) Limitation Nothing in this section shall be construed to require or obligate compliance with the best practices established under subsection (a)(1). . (b) Technical and conforming amendment The table of contents in section 1(b) of the Justice for All Act of 2004 ( Public Law 108–405 Sec. 414. Establishment of best practices for evidence retention. . 15. Effective administration of criminal justice (a) Short title This section may be cited as the Effective Administration of Criminal Justice Act of 2015 (b) Strategic planning Section 502 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3752 (1) by inserting (a) To request a grant (2) by adding at the end the following: (6) A comprehensive Statewide plan detailing how grants received under this section will be used to improve the administration of the criminal justice system, which shall— (A) be designed in consultation with local governments, and representatives of all segments of the criminal justice system, including judges, prosecutors, law enforcement personnel, corrections personnel, and providers of indigent defense services, victim services, juvenile justice delinquency prevention programs, community corrections, and reentry services; (B) include a description of how the State will allocate funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); (C) describe the process used by the State for gathering evidence-based data and developing and using evidence-based and evidence-gathering approaches in support of funding decisions; (D) describe the barriers at the State and local level for accessing data and implementing evidence-based approaches to preventing and reducing crime and recidivism; and (E) be updated every 5 years, with annual progress reports that— (i) address changing circumstances in the State, if any; (ii) describe how the State plans to adjust funding within and among each of the uses described in subparagraphs (A) through (G) of section 501(a)(1); (iii) provide an ongoing assessment of need; (iv) discuss the accomplishment of goals identified in any plan previously prepared under this paragraph; and (v) reflect how the plan influenced funding decisions in the previous year. (b) Technical assistance (1) Strategic planning Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph. (2) Protection of constitutional rights Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— (A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and (B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. (3) Authorization of appropriations There is authorized to be appropriated $5,000,000 for each of fiscal years 2017 through 2021 to carry out this subsection. . (c) Applicability The requirement to submit a strategic plan under section 501(a)(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), shall apply to any application submitted under such section 501 for a grant for any fiscal year beginning after the date that is 1 year after the date of enactment of this Act. 16. Oversight and accountability All grants awarded by the Department of Justice that are authorized under this Act shall be subject to the following: (1) Audit requirement Beginning in fiscal year 2016, and each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (2) Mandatory exclusion A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the 2 fiscal years beginning after the 12-month period described in paragraph (5). (3) Priority In awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program. (4) Reimbursement If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall— (A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (5) Defined term In this section, the term unresolved audit finding (6) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this Act, the term nonprofit organization section 501(c)(3) (B) Prohibition The Attorney General shall not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) (C) Disclosure Each nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection. (7) Administrative expenses Unless otherwise explicitly provided in authorizing legislation, not more than 7.5 percent of the amounts authorized to be appropriated under this Act may be used by the Attorney General for salaries and administrative expenses of the Department of Justice. (8) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved by operation of this paragraph. (9) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to— (i) lobby any representative of the Department of Justice regarding the award of grant funding; or (ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. 17. Needs assessment of forensic laboratories (a) Study and report Not later than October 1, 2018, the Attorney General shall conduct a study and submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the status and needs of the forensic science community. (b) Requirements The report required under subsection (a) shall— (1) examine the status of current workload, backlog, personnel, equipment, and equipment needs of public crime laboratories and medical examiner and coroner offices; (2) include an overview of academic forensic science resources and needs, from a broad forensic science perspective, including nontraditional crime laboratory disciplines such as forensic anthropology, forensic entomology, and others as determined appropriate by the Attorney General; (3) consider— (A) the National Institute of Justice study, Forensic Sciences: Review of Status and Needs, published in 1999; (B) the Bureau of Justice Statistics census reports on Publicly Funded Forensic Crime Laboratories, published in 2002, 2005, 2009, and 2014; (C) the National Academy of Sciences report, Strengthening Forensic Science: A Path Forward, published in 2009; and (D) the Bureau of Justice Statistics survey of forensic providers recommended by the National Commission of Forensic Science and approved by the Attorney General on September 8, 2014; (4) provide Congress with a comprehensive view of the infrastructure, equipment, and personnel needs of the broad forensic science community; and (5) be made available to the public. 18. Sense of Congress It is the sense of Congress that— (1) the authority of the Director of the Office of Victims of Crime under section 1404 of the Victims of Crime Act of 1984 ( 42 U.S.C. 10603 (2) the proposed rule entitled VOCA Victim Assistance Program 42 U.S.C. 10603 18. Crime victim assistance (a) Amendment Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 ( 42 U.S.C. 10603(c)(1)(A) victim services, demonstration projects (b) Sense of Congress It is the sense of Congress that the proposed rule entitled VOCA Victim Assistance Program 42 U.S.C. 10603 19. Improving the restitution process Section 3612 of title 18, United States Code, is amended by adding at the end the following: (j) Evaluation of Offices of the United States Attorney and Department Components (1) In general The Attorney General shall, as part of the regular evaluation process, evaluate each office of the United States attorney and each component of the Department of Justice on the performance of the office or the component, as the case may be, in seeking and recovering restitution for victims under sections 3663 and 3663A. (2) Requirement Following an evaluation under paragraph (1), each office of the United States attorney and each component of the Department of Justice shall work to improve the practices of the office or component, as the case may be, with respect to seeking and recovering restitution for victims under sections 3663 and 3663A. (k) GAO Reports (1) Report Not later than 1 year after the date of enactment of this subsection, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on restitution sought by the Attorney General under sections 3663 and 3663A during the 3-year period preceding the report. (2) Contents The report required under paragraph (1) shall include statistically valid estimates of— (A) the number of cases in which a defendant was convicted and the Attorney General could seek restitution under this title; (B) the number of cases in which the Attorney General sought restitution; (C) of the cases in which the Attorney General sought restitution, the number of times restitution was ordered by the district courts of the United States; (D) the amount of restitution ordered by the district courts of the United States; (E) the amount of restitution collected pursuant to the restitution orders described in subparagraph (D); (F) the percentage of restitution orders for which the full amount of restitution has not been collected; and (G) any other measurement the Comptroller General determines would assist in evaluating how to improve the restitution process in Federal criminal cases. (3) Recommendations The report required under paragraph (1) shall include recommendations on the best practices for— (A) requesting restitution in cases in which restitution may be sought under sections 3663 and 3663A; (B) obtaining restitution orders from the district courts of the United States; and (C) collecting restitution ordered by the district courts of the United States. (4) Report Not later than 3 years after date on which the report required under paragraph (1) is submitted, the Comptroller General of the United States shall prepare and submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the implementation by the Attorney General of the best practices recommended under paragraph (3). . May 12, 2016 Reported with amendments

Summary: Justice for All Reauthorization Act of 2016 (Sec. 2) This bill amends the federal criminal code to require a court to order, as an explicit condition of supervised release, that a defendant makes restitution to the victim of a federal offense for which restitution is authorized. A defendant's liability to pay restitution terminates 20 years from the filing date of the judgment or the defendant's release from prison. In the event of the death of the person ordered to pay restitution, the individual's estate will be held responsible. The bill amends Rule 28 of the Federal Rules of Criminal Procedure to authorize a court to appoint and compensate an interpreter for a crime victim. The Government Accountability Office (GAO) must study and report to Congress on whether providing broader authority for courts to award restitution would benefit crime victims. (Sec. 3) Of amounts made available over FY2018-FY2021 for a DNA analysis and capacity enhancement program and for other forensic activities, the Department of Justice (DOJ) must allocate at least 75% to test rape kits and at least 5% to audit backlogged rape kits. The bill establishes reporting requirements for DOJ and grant recipients. (Sec. 4) It amends the DNA Sexual Assault Justice Act of 2004 to give preference to Sexual Assault Forensic Exam Program grant applicants that use the funds to: (1) improve forensic nurse examiner programs in a rural or underserved area, (2) employ full-time forensic nurse examiners in a rural or underserved program, or (3) sustain or establish a forensic nurse examiner training program. DOJ must coordinate with the Department of Health and Human Services to inform federally qualified health centers, hospitals, colleges and universities, and other health-related entities about the role of forensic nurses and the resources available to train or employ them. (Sec. 5) This section amends the Prison Rape Elimination Act of 2003 to specify that funds under the STOP (Services, Training, Officers, and Prosecutors) Violence Against Women Formula Grant Program are not subject to a 5% reduction for a state that fails to comply with the national prison rape standards. (Sec. 6) The bill amends the Violence Against Women Act of 1994 to specify that accommodations applicable to a remaining tenant, after the eviction of the sole tenant eligible to receive assistance under a covered housing program, also apply to a resident. (Sec. 7) The bill revises and expands requirements with respect to adopting national prison rape standards. Specifically, it requires states to also provide certain additional information. Additionally, it requires compliance auditors to submit to criminal history background checks. (Sec. 8) It reauthorizes through FY2021 appropriations for: (1) demonstration grants for DNA research and development, (2) DNA programs and activities at the FBI, and (3) grants to promote DNA technology to identify missing persons. (Sec. 9) This section revises and reauthorizes through FY2021 the Paul Coverdell Forensic Science Improvement Grants Program. A grant applicant must certify that a forensic laboratory system, medical examiner's office, or coroner's office that receives grant funds is accredited. It revises the allocation of Coverdell funds to: (1) increase from 75% to 85% the funds allocated for formula grants to eligible states based on population, (2) increase the minimum formula grant award for an eligible state from 0.6% to 1% of the funds allocated for formula grants, and (3) decrease from 25% to 15% the funds allocated for competitive grants. It revises existing purpose areas to specify that, with respect to eliminating a backlog in analyzing forensic science evidence: (1) forensic science evidence includes impression evidence, digital evidence, and fire evidence; and (2) medicolegal death investigators may be trained and employed. It also adds new purpose areas to address emerging forensic science issues and technology, educate and train forensic pathologists, and fund medicolegal death investigation systems. A Coverdell grant recipient must include, in its annual report, the progress of an unaccredited forensic science service provider in obtaining accreditation. (Sec. 10) This section amends the Innocence Protection Act of 2004 to reauthorize through FY2021 the Capital Representation Improvement Grant Program (i.e., the grant program to improve the quality of legal representation for indigent criminal defendants in death penalty cases). (Sec. 11) This section amends the federal criminal code to specify that if a court-ordered DNA test excludes a defendant as the DNA source and meets other requirements, then the DNA profile must be submitted to the National DNA Index System to identify matching profiles of known individuals or profiles from unsolved crimes. Additionally, it revises the applicability of the requirement to preserve biological evidence in the federal investigation or prosecution of a defendant who was sentenced to prison. (Sec. 12) It reauthorizes through FY2021 the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program. (Sec. 13) This section directs the National Institute of Justice (NIJ) to establish best practices for evidence retention that focus on preserving forensic evidence. The NIJ must assist state, local, and tribal governments to adopt and implement such best practices. Effective Administration of Criminal Justice Act of 2016 (Sec. 14) The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require an application for funds under the Edward Byrne Memorial Justice Assistance Grant Program to include a statewide strategic plan to improve the administration criminal justice. It requires DOJ to provide technical assistance and authorizes FY2017-FY2021 appropriations for such technical assistance. (Sec. 15) The DOJ Office of Inspector General must conduct annual audits of selected grant recipients. The bill prohibits DOJ from awarding grants to nonprofit organizations that hold money in an offshore account to avoid tax liability. It also prohibits DOJ from using more than 7.5% of the amount authorized for salaries and administrative expenses. It limits the use of grant funds for conferences that use more than $20,000 in DOJ funds. It prohibits a grantee from using grant funds to lobby DOJ or a state, local, or tribal government regarding the award of grant funding. DOJ must identify and report on duplicative grant awards. (Sec. 16) DOJ must study and report to Congress on the status and needs of the forensic science community. (Sec. 17) It amends the Victims of Crime Act of 1984 to authorize DOJ's Office for Victims of Crimes (OVC) to use discretionary funds for victim services. It expresses the sense of Congress that the proposed rule entitled "VOCA Victim Assistance Program" is consistent with the OVC's Victim Assistance Program. (Sec. 18) DOJ must evaluate the performance of U.S. Attorneys offices and DOJ component offices in seeking and recovering restitution under each provision of the federal criminal code and the Controlled Substances Act that authorizes it. The GAO must report to Congress on restitution sought by DOJ under each provision of the federal criminal code and the Controlled Substances Act.