‘‘(ii) an assurance that the State in-
tends to adopt and achieve full compliance 
with those national standards so as to en-
sure 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 certifi-
cation under this paragraph shall also pro-
vide the Attorney General with— 
‘‘(I) a list of the prisons under 
the operational control of the execu-
tive branch of the State; 
‘‘(II) a list of the prisons listed 
under subclause (I) that were audited 
during the most recently concluded 
audit year; 
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‘‘(III) all final audit reports for 
prisons listed under subclause (I) that 
were completed during the most re-
cently 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.—Be-
ginning on the date that is 3 years after 
the date of enactment of the Justice for 
All Reauthorization Act of 2016, a chief 
executive officer of a State may submit a 
certification that the State is in full com-
pliance pursuant to subparagraph (A)(i) 
even if a prison under the operational con-
trol of the executive branch of the State 
has an audit appeal pending. 
‘‘(C) RULES FOR ASSURANCES.— 
‘‘(i) IN GENERAL.—A chief executive 
officer of a State who submits an assur-
ance under subparagraph (A)(ii) shall also 
provide the Attorney General with— 
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‘‘(I) a list of the prisons under 
the operational control of the execu-
tive 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 bar-
riers the State faces to completing re-
quired audits; 
‘‘(IV) all final audit reports for 
prisons listed under subclause (I) that 
were completed during the most re-
cently 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 implementa-
tion of the national standards. 
‘‘(ii) ADDITIONAL REQUIREMENT.—A 
chief executive officer of a State who sub-
mits an assurance under subparagraph 
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(A)(ii)(I) shall, before receiving the appli-
cable funds described in subparagraph 
(A)(ii)(I), also provide the Attorney Gen-
eral with a proposed plan for the expendi-
ture of the funds during the applicable 
grant period. 
‘‘(iii) ACCOUNTING
OF
FUNDS.—A 
chief executive officer of a State who sub-
mits an assurance under subparagraph 
(A)(ii)(I) shall, in a manner consistent 
with the applicable grant reporting require-
ments, submit to the Attorney General a 
detailed accounting of how the funds de-
scribed 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, subclause (II) of subparagraph 
(A)(ii) shall cease to have effect. 
‘‘(ii) ADDITIONAL
SUNSET.—On the 
date that is 6 years after the date of enact-
ment of the Justice for All Reauthorization 
Act of 2016, clause (ii) of subparagraph 
(A) shall cease to have effect. 
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‘‘(iii) EMERGENCY ASSURANCES.— 
‘‘(I) REQUEST.—Notwithstanding 
clause (ii), during the 2-year period 
beginning 6 years after the date of en-
actment of the Justice for All Reau-
thorization Act of 2016, a chief execu-
tive officer of a State who certifies 
that the State has audited not less 
than 90 percent of prisons under the 
operational control of the executive 
branch of the State may request that 
the Attorney General allow the chief 
executive officer to submit an emer-
gency assurance in accordance with 
subparagraph (A)(ii) as in effect on 
the day before the date on which that 
subparagraph ceased to have effect 
under clause (ii) of this subparagraph. 
‘‘(II) GRANT OF REQUEST.—The 
Attorney General shall grant a re-
quest submitted under subclause (I) 
within 60 days upon a showing of 
good cause. 
‘‘(E) DISPOSITION
OF
FUNDS
HELD
IN 
ABEYANCE.— 
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‘‘(i) IN GENERAL.—If the chief execu-
tive officer of a State who has submitted 
an 
assurance 
under 
subparagraph 
(A)(ii)(II) subsequently submits a certifi-
cation under subparagraph (A)(i) during 
the 3-year period beginning on the date of 
enactment of the Justice for All Reauthor-
ization Act of 2016, the Attorney General 
will release all funds held in abeyance 
under subparagraph (A)(ii)(II) to be used 
by the State in accordance with the condi-
tions of the grant program for which the 
funds were provided. 
‘‘(ii) RELEASE
OF
FUNDS.—If the 
chief executive officer of a State who has 
submitted an assurance under subpara-
graph (A)(ii)(II) is unable to submit a cer-
tification during the 3-year period begin-
ning on the date of enactment of the Jus-
tice for All Reauthorization Act of 2016, 
but does assure the Attorney General that 
2⁄3 of prisons under the operational control 
of the executive branch of the State have 
been audited at least once, the Attorney 
General shall release all of the funds of the 
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State held in abeyance to be used in adopt-
ing and achieving full compliance with the 
national standards, if the State agrees to 
comply with the applicable requirements in 
clauses (ii) and (iii) of subparagraph (C). 
‘‘(iii) REDISTRIBUTION OF FUNDS.— 
If the chief executive officer of a State who 
has submitted an assurance under sub-
paragraph (A)(ii)(II) is unable to submit a 
certification during the 3-year period be-
ginning on the date of enactment of the 
Justice for All Reauthorization Act of 
2016 and does not assure the Attorney 
General that 2⁄3 of prisons under the oper-
ational control of the executive branch of 
the State have been audited at least once, 
the Attorney General shall redistribute the 
funds of the State held in abeyance to 
other States to be used in accordance with 
the conditions of the grant program for 
which the funds were provided. 
‘‘(F) PUBLICATION OF AUDIT RESULTS.— 
Not later than 1 year after the date of enact-
ment of the Justice for All Reauthorization Act 
of 2016, the Attorney General shall request 
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from each State, and make available on an ap-
propriate Internet website, all final audit re-
ports completed to date for prisons under the 
operational control of the executive branch of 
each State. The Attorney General shall update 
such website annually with reports received 
from States under subparagraphs (B)(i) and 
(C)(i). 
‘‘(G) REPORT
ON
IMPLEMENTATION
OF 
NATIONAL STANDARDS.—Not later than 2 years 
after the date of enactment of the Justice for 
All Reauthorization Act of 2016, the Attorney 
General shall issue a report to the Committee 
on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Rep-
resentatives on the status of implementation of 
the national standards and the steps the De-
partment, in conjunction with the States and 
other key stakeholders, is taking to address any 
unresolved implementation issues.’’; and 
(B) by adding at the end the following: 
‘‘(8) BACKGROUND CHECKS FOR AUDITORS.— 
An individual seeking certification by the Depart-
ment of Justice to serve as an auditor of prison 
compliance with the national standards described in 
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subsection (a) shall, upon request, submit finger-
prints in the manner determined by the Attorney 
General for criminal history record checks of the ap-
plicable State and Federal Bureau of Investigation 
repositories.’’. 
SEC. 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)) is amended by striking ‘‘$15,000,000 for each 
of fiscal years 2005 through 2009’’ and inserting 
‘‘$5,000,000 for each of fiscal years 2017 through 2021’’. 
(b) FBI DNA PROGRAMS.—Section 307(a) of the 
Justice for All Act of 2004 (Public Law 108–405; 118 
Stat. 2275) is amended by striking ‘‘$42,100,000 for each 
of fiscal years 2005 through 2009’’ and inserting 
‘‘$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)) is amended by striking ‘‘fiscal years 
2005 through 2009’’ and inserting ‘‘fiscal years 2017 
through 2021’’. 
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SEC. 10. PAUL COVERDELL FORENSIC SCIENCES IMPROVE-
MENT GRANTS. 
(a) GRANTS.—Part BB of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797j) is amended— 
(1) in section 2802(2) (42 U.S.C. 3797k(2)), by 
inserting after ‘‘bodies’’ the following: ‘‘and is ac-
credited by an accrediting body that is a signatory 
to an internationally recognized arrangement and 
that offers accreditation to forensic science con-
formity 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’’ 
and inserting ‘‘Eighty-five percent’’; and 
(ii) by striking ‘‘75 percent’’ and in-
serting ‘‘85 percent’’; 
(B) in paragraph (2), by striking ‘‘Twenty- 
five percent’’ and inserting ‘‘Fifteen percent’’; 
and 
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(C) in paragraph (3), by striking ‘‘0.6 per-
cent’’ and inserting ‘‘1 percent’’; 
(3) in section 2804(a) (42 U.S.C. 3797m(a))— 
(A) in paragraph (2)— 
(i) by inserting ‘‘impression evidence,’’ 
after ‘‘latent prints,’’; and 
(ii) by inserting ‘‘digital evidence, fire 
evidence,’’ after ‘‘toxicology,’’; 
(B) in paragraph (3), by inserting ‘‘and 
medicolegal death investigators’’ after ‘‘labora-
tory personnel’’; and 
(C) by inserting at the end the following: 
‘‘(4) To address emerging forensic science 
issues (such as statistics, contextual bias, and uncer-
tainty of measurement) and emerging forensic 
science technology (such as high throughput automa-
tion, statistical software, and new types of instru-
mentation). 
‘‘(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 certifi-
cation of medicolegal death investigators.’’; and 
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(4) in section 2806(a) (42 U.S.C. 3797o(a))— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following: 
‘‘(4) the progress of any unaccredited forensic 
science service provider receiving grant funds toward 
obtaining accreditation; and’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Section 
1001(a)(24) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is 
amended— 
(1) in subparagraph (H), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (I), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(J) $25,000,000 for each of fiscal years 
2017 through 2021.’’. 
SEC. 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) is amended— 
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(1) in subsection (a), by striking ‘‘$75,000,000 
for each of fiscal years 2005 through 2009’’ and in-
serting ‘‘$30,000,000 for each of fiscal years 2017 
through 2021’’; and 
(2) in subsection (b), by inserting before the pe-
riod at the end the following: ‘‘, or upon a showing 
of good cause, and at the discretion of the Attorney 
General, the State may determine a fair allocation of 
funds across the uses described in sections 421 and 
422’’. 
SEC. 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’’ in each 
place it appears and inserting ‘‘sentenced to’’; 
(2) in subsection (a)— 
(A) in paragraph (1)(B)(i), by striking 
‘‘death’’; and 
(B) in paragraph (3)(A), by striking ‘‘and 
the applicant did not—’’ and all that follows 
through ‘‘knowingly fail to request’’ and insert-
ing ‘‘and the applicant did not knowingly fail to 
request’’; 
(3) in subsection (b)(1)— 
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(A) in subparagraph (A), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(C) order the Government to— 
‘‘(i) prepare an inventory of the evi-
dence related to the case; and 
‘‘(ii) issue a copy of the inventory to 
the court, the applicant, and the Govern-
ment.’’; 
(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 appli-
cant, 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 Inves-
tigation’s requirements for the uploading 
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of crime scene profiles to the National 
DNA Index System (referred to in this 
subsection as ‘NDIS’), the court shall 
order that the law enforcement entity with 
direct or conveyed statutory jurisdiction 
that has access to the NDIS submit the 
DNA profile obtained from probative bio-
logical material from crime scene evidence 
to determine whether the DNA profile 
matches a profile of a known individual or 
a profile from an unsolved crime. 
‘‘(ii) NDIS SEARCH.—The results of a 
search under clause (i) shall be simulta-
neously disclosed to the court, the appli-
cant, and the Government.’’; and 
(B) in paragraph (2), by striking ‘‘the Na-
tional DNA Index System (referred to in this 
subsection as ‘NDIS’)’’ and inserting ‘‘NDIS’’; 
and 
(5) 
in 
subsection 
(g)(2)(B), 
by 
striking 
‘‘death’’. 
(b) PRESERVATION
OF BIOLOGICAL EVIDENCE.— 
Section 3600A of title 18, United States Code, is amend-
ed— 
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(1) in subsection (a), by striking ‘‘under a sen-
tence of’’ and inserting ‘‘sentenced to’’; and 
(2) in subsection (c)— 
(A) by striking paragraphs (1) and (2); 
and 
(B) by redesignating paragraphs (3), (4), 
and (5) as paragraphs (1), (2), and (3), respec-
tively. 
SEC. 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 note) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fiscal years 2005 through 2009’’ and in-
serting ‘‘fiscal years 2017 through 2021’’; and 
(2) by striking paragraph (2) and inserting the 
following: 
‘‘(2) for eligible entities that are a State or unit 
of local government, provide a certification by the 
chief legal officer of the State in which the eligible 
entity operates or the chief legal officer of the juris-
diction in which the funds will be used for the pur-
poses of the grants, that the State or jurisdiction— 
‘‘(A) provides DNA testing of specified evi-
dence under a State statute or a State or local 
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rule or regulation to persons sentenced to im-
prisonment 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 sec-
tion 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 de-
fined in section 3600A of title 18, United 
States Code, under a State statute or a State 
or local rule, regulation, or practice in a man-
ner intended to ensure that reasonable meas-
ures are taken by the State or jurisdiction to 
preserve biological evidence secured in relation 
to the investigation or prosecution of, at a min-
imum, 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. 
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14136e(b)) is amended by striking ‘‘$5,000,000 for each 
of fiscal years 2005 through 2009’’ and inserting 
‘‘$10,000,000 for each of fiscal years 2017 through 
2021’’. 
SEC. 14. ESTABLISHMENT OF BEST PRACTICES FOR EVI-
DENCE RETENTION. 
(a) IN GENERAL.—Subtitle A of title IV of the Jus-
tice for All Act of 2004 (Public Law 108–405; 118 Stat. 
2278) is amended by adding at the end the following: 
‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES FOR EVI-
DENCE RETENTION. 
‘‘(a) IN GENERAL.—The Director of the National In-
stitute of Justice, in consultation with Federal, State, and 
local law enforcement agencies and government labora-
tories, shall— 
‘‘(1) establish best practices for evidence reten-
tion to focus on the preservation of forensic evi-
dence; and 
‘‘(2) assist State, local, and tribal governments 
in adopting and implementing the best practices es-
tablished under paragraph (1). 
‘‘(b) DEADLINE.—Not later than 1 year after the 
date of enactment of this section, the Director of the Na-
tional Institute of Justice shall publish the best practices 
established under subsection (a)(1). 
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