Title: Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022
Policy area: Crime and Law Enforcement

Summary:
Patrick Leahy and Orrin G. Hatch Justice For All Act of 2022
This bill reauthorizes, modifies, and establishes programs that address the quality of forensic science, the privacy of victims of crimes, and the integrity of criminal convictions.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5033 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 5033

 To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant 
                    Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2022

  Mr. Cornyn (for himself, Mr. Leahy, Mr. Tillis, and Ms. Klobuchar) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Paul Coverdell Forensic Sciences Improvement Grant 
                    Program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Patrick Leahy and Orrin G. Hatch 
Justice For All Act of 2022''.

SEC. 2. ENDING THE RAPE KIT BACKLOG.

    (a) Tracking Kits.--Section 2(a)(8) of the DNA Analysis Backlog 
Elimination Act of 2000 (34 U.S.C. 40701(a)(8)) is amended by striking 
the period at the end and inserting ``, including through the 
implementation, improvement, or operation of sexual assault evidence 
tracking systems.''.
    (b) Program Goals.--Section 2(o)(1) of the DNA Analysis Backlog 
Elimination Act of 2000 (34 U.S.C. 40701(o)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``Not later than 18 months after the date of enactment of the 
        SAFER Act of 2013'' and inserting ``Not later than 1 year after 
        the date of enactment of the Patrick Leahy and Orrin G. Hatch 
        Justice For All Act of 2022'';
            (2) in subparagraph (D), by striking ``and'' at the end;
            (3) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(F) a determination of whether eliminating the 
                processing backlog of DNA evidence in the United States 
                is a goal of the grant program established under this 
                section.''.
    (c) FBI Report.--Not later than 180 days, the Director of the 
Federal Bureau of Investigation shall submit to Congress a report that 
describes the plan and the standards that must be met, as of the date 
of the submission of the report, of the Federal Bureau of Investigation 
to evaluate and validate the use of Rapid DNA instruments (as defined 
in section 3(c) of the DNA Analysis Backlog Elimination Act of 2000 (34 
U.S.C. 40702(c)) under the Combined DNA Index System of the Federal 
Bureau of Investigation.

SEC. 3. REQUIREMENTS FOR CODIS ACCESS.

    Section 210304 of the Violent Crime Control and Law Enforcement Act 
of 1994 (34 U.S.C. 12592) is amended by striking subsection (c) and 
inserting the following:
    ``(c) Requirements for Access.--
            ``(1) In general.--
                    ``(A) Use of dna profiles.--Subject to subparagraph 
                (B), reference DNA profiles from victims of sexual 
                assault may only be uploaded and searched by law 
                enforcement databases that use software of the Combined 
                DNA Index System for the purpose of analyzing DNA 
                identification markers for quality control to detect 
                sample contamination.
                    ``(B) Prohibition.--The reference DNA profiles 
                described in subparagraph (A) may not be uploaded or 
                searched in the National DNA Index System of the 
                Combined DNA Index System for any purpose.
            ``(2) Cancellation of access.--Access to the index 
        described in subsection (a) is subject to cancellation if--
                    ``(A) the quality control and privacy requirements 
                described in subsection (b) are not met; or
                    ``(B) a law enforcement agency reports a non-
                contamination-related match of a DNA profile described 
                in paragraph (1)(A) that is uploaded or searched from 
                the index to a DNA sample relating to another 
                investigation resulting from an elimination database 
                search of DNA profiles described in paragraph (1)(A) to 
                an investigator or an officer of a court for the 
                purpose of a criminal investigation or prosecution.''.

SEC. 4. RIGHT OF VICTIMS TO BE HEARD.

    (a) Crime Victims' Rights.--Section 3771(a)(9) of title 18, United 
States Code, is amended by striking ``informed'' and inserting 
``consulted''.
    (b) Federal Rules of Criminal Procedure.--Rule 11(c)(2) of the 
Federal Rules of Criminal Procedure is amended--
            (1) by striking ``The parties'' and inserting the 
        following:
                    ``(A) The parties''; and
            (2) by adding at the end the following:
                    ``(B) In the case of a plea agreement for an 
                offense involving sexual assault (as defined in section 
                3772 of title 18, United States Code), the government 
                shall notify the court if a victim of the offense 
                objects to the plea agreement.''.

SEC. 5. VICTIMS' RIGHTS TO THEIR REPORTS.

    Section 3771 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraph (10) as paragraph 
                (13); and
                    (B) by inserting after paragraph (9) the following:
            ``(10) The right to be provided, upon request, with a copy 
        of the report and evidence on file from the applicable law 
        enforcement or other investigative agency after the 
        investigation is closed, whether closed by arrest or otherwise, 
        except in the case of information that is required to be 
        withheld or redacted because release of the information would 
        adversely affect an ongoing investigation or harm public 
        safety.
            ``(11) A free copy of the police or agency report shall be 
        provided to the victim or victim's representative within a 
        reasonable period of time.
            ``(12) The right to be protected from the disclosure of 
        confidential information, including an address, Social Security 
        number, medical record number, driver's license number, and 
        employment identification number.''.

SEC. 6. VICTIMS' SERVICES IMPROVEMENTS.

    Section 503(c) of the Victims' Rights and Restitution Act of 1990 
(34 U.S.C. 20141(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by inserting ``the'' 
                before ``manner'';
                    (B) in subparagraph (C), by striking ``and'' at the 
                end;
                    (C) in subparagraph (D), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(E) provide a victim with reasonable resources 
                needed to access Federal, State, or local services and 
                relief described in subparagraphs (A), (B), and (C).'';
            (2) in paragraph (7)--
                    (A) in the first sentence--
                            (i) by inserting ``or any crime of violence 
                        (as defined in section 16 of title 18, United 
                        States Code)'' after ``sexual assault''; and
                            (ii) by inserting ``or prosecuting agency'' 
                        after ``investigating officer''; and
                    (B) in the second sentence, by striking ``The 
                Attorney General'' and inserting ``For investigations 
                of sexual assault, the Attorney General''; and
            (3) in paragraph (8), by adding at the end the following: 
        ``The responsible official shall also assist the victim in 
        preparing and providing testimony when appropriate during the 
        corrections process.''.

SEC. 7. SEXUAL ASSAULT RESPONSE TRAINING FOR LAW ENFORCEMENT OFFICERS.

    Section 303(a) of the DNA Sexual Assault Justice Act of 2004 (34 
U.S.C. 40722(a)) is amended, in the matter preceding paragraph (1), by 
inserting ``, and to implement evidence-based, trauma-informed 
practices to otherwise improve the investigation of, and response to, 
sexual assault cases'' after ``DNA evidence''.

SEC. 8. OFFICE OF INVESTIGATIVE FORENSIC SCIENCES REALIGNMENT.

    (a) Findings.--Congress finds the following:
            (1) Forensic science is the application of scientific or 
        technical practices to the recognition, collection, analysis, 
        and interpretation of evidence to establish conclusions or 
        opinions, facts, and findings that can be used for criminal and 
        civil law or regulatory issues.
            (2) In particular, forensic science plays a pivotal role in 
        exonerating suspects and wrongfully convicted individuals, 
        implicating and convicting those who commit crimes, identifying 
        missing person, bringing closure and justice to victims of 
        crime and their families, providing actionable intelligence to 
        law enforcement agencies to solve and prevent crime enabling 
        transparent intelligence-led and data-driven policing, and by 
        providing fact-based evidence for judges and juries which would 
        otherwise not be available.
            (3) In 2009, the National Academy of Sciences, National 
        Research Council published a report entitled ``Strengthening 
        Forensic Science in the United States: A Path Forward,'' that 
        put forward an agenda for advancement in the forensic science 
        community and its associated disciplines.
            (4) Within the Department of Justice, Office of Justice 
        Programs there was established the National Institute of 
        Justice. The Office of Investigative Forensic Sciences was 
        created as a component of National Institute of Justice to be 
        the lead department in the Department of Justice for forensic 
        science research and development as well as for the 
        administration of programs that facilitate training, improve 
        laboratory efficiency and reduce backlogs, all in an effort to 
        strengthen forensic science in the United States.
            (5) The forensic sciences within Federal Government 
        departments and agencies are fragmented, with many Federal 
        agencies having some level of forensic science capabilities. 
        There is a need for a central entity to provide robust 
        leadership on forensic science issues within the Department of 
        Justice. The Office of Investigative Forensic Sciences, 
        currently as a component of the National Institute of Justice, 
        does not have the same standing within the Office of Justice 
        Programs or the Department of Justice as other equally 
        important bureaus and offices.
            (6) The time is right to realign the Office of 
        Investigative Forensic Sciences to the same program office 
        level as other Office of Justice Programs bureaus and offices 
        with a presidentially appointed director.
    (b) Establishment of the Office of Investigative Forensic 
Sciences.--Part A of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at 
the end the following:

``SEC. 110. OFFICE OF INVESTIGATIVE FORENSIC SCIENCES.

    ``(a) In General.--There is established, within the Office of 
Justice Programs, a program Office of Investigative Forensic Sciences 
(referred to in this section as the `OIFS'), to be headed by a Director 
appointed by the President, who shall report directly to the Office of 
Assistant Attorney General for the Office of Justice Programs.
    ``(b) Transfer.--There shall be transferred to the OIFS the 
personnel, including contractors and interns, assets, liabilities, 
contracts, property, records, and unexpended balance of appropriations, 
authorizations, allocations, and other funds employed, held, used, 
arising from, available or to be made available, and the functions, 
powers, and duties of the following:
            ``(1) Oversight of existing cooperative agreements relating 
        to forensic science administered by the Department of Justice 
        and determining the purposes and objectives of discretionary 
        grants relating to forensic science administered by the 
        Department of Justice, other than a grant awarded under the 
        Kirk Bloodsworth Post-Conviction DNA Testing Grant Program 
        established under section 412 of the Justice for All Act of 
        2004 (42 U.S.C. 40727).
            ``(2) The Office of Investigative and Forensic Sciences 
        within the National Institute of Justice.
            ``(3) The forensic components of the Drugs and Crime 
        program in the Office of Research and Evaluation within the 
        National Institute of Justice.
            ``(4) The digital evidence component of the Office of 
        Science and Technology within the National Institute of 
        Justice.
    ``(c) Authority.--The OIFS shall have access to and authority to 
search Federal law enforcement databases and shall have assigned to it 
an Originating Agency Identification (ORI) Number to facilitate the 
sharing of information between the Office and law enforcement agencies.
    ``(d) Mission.--The mission of the OIFS is to strengthen and 
promote the use and application of forensic science within the judicial 
system by supporting forensic science service providers, as they 
continually improve the evidence-based, valid, and reliable practice of 
forensic science with a focus on quality assurance advancement research 
and development conducted through--
            ``(1) a fair, competitive, transparent merit review 
        process;
            ``(2) testing and evaluation;
            ``(3) technology;
            ``(4) information exchange;
            ``(5) training;
            ``(6) capacity building for the forensic infrastructure;
            ``(7) the development of systems to implement research into 
        practice; and
            ``(8) the development of systems to address quality 
        management and other improvements to advance justice.
    ``(e) Officers and Staff.--
            ``(1) In general.--The OIFS shall include--
                    ``(A) a Director who shall have, at a minimum, a 
                Master of Science degree; and
                    ``(B) a Deputy Director who shall have, at a 
                minimum, a Bachelor of Science degree.
            ``(2) Detailees.--The OIFS may also include employees of 
        the National Institute of Standards and Technology, the 
        National Science Foundation, and Centers for Disease Control 
        and Prevention detailed to the Office of Forensic Science on a 
        reimbursable basis.
    ``(f) Liaison.--If no detailed positions are filled under 
subsection (e)(2), the Directors of the National Science Foundation, 
the National Institute of Standards and Technology, and the Centers for 
Disease Control, shall each, in consultation with the OIFS, designate a 
liaison at each respective agency to facilitate communication between 
the OIFS and the agencies.
    ``(g) Duties and Authority.--
            ``(1) In general.--The OIFS shall--
                    ``(A) have the authorities relating to forensic 
                science described in section 202(c);
                    ``(B) in coordination with the National Institute 
                of Justice, participate in the development of any 
                Federal forensic science research agenda as the lead 
                representatives on behalf of the Department of Justice, 
                along with other departments and agencies of the 
                Federal Government;
                    ``(C) assume and execute the responsibilities of 
                the offices, programs, and initiatives transferred 
                under subsection (b), including determining the 
                purposes and objectives of discretionary grants, 
                oversight of cooperative agreements;
                    ``(D) assist and support the Forensic Laboratory 
                Needs Technology Working Group, Medical Legal Death 
                Investigation Working Group, and Forensic Science 
                Research and Development Technology Working Group in 
                carrying out the respective functions of the working 
                groups under this title and such other related 
                functions as are necessary to perform the functions; 
                and
                    ``(E) evaluate the recommendations of the Forensic 
                Laboratory Needs Technology Working Group, Medical 
                Legal Death Investigation Working Group, and Forensic 
                Science Research and Development Technology Working 
                Group and take actions consistent with the mission of 
                the OIFS.''.
    (c) Deadline.--The transfer required under section 820 of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968, as added by 
subsection (b), shall be completed on the date that is 180 days after 
the date of enactment of this Act.

SEC. 9. PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS.

    (a) Amendments.--Part BB of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (34 U.S.C. 10561 et seq.) is amended--
            (1) in section 2802 (34 U.S.C. 10562)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``(b) Applications.--'' before ``To 
                request'';
                    (B) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) a certification that the State or unit of local 
        government has developed a plan for forensic science service 
        providers and forensic medicine service providers under a 
        program described in section 2804, which shall include a 
        specific description of the manner in which the grant will be 
        used to carry out the plan;
            ``(2)(A) a certification that any forensic science service 
        provider laboratory system, including any laboratory operated 
        by a unit of local government within the State, or forensic 
        medicine service provider in the State, that will receive any 
        portion of the grant amount uses generally accepted laboratory 
        practices and procedures, established by accrediting 
        organizations or appropriate certifying bodies;
            ``(B) except with regard to any forensic medicine service 
        provider in the State, a certification--
                    ``(i) that any forensic science service provider 
                laboratory system, including any forensic science 
                service provider operated by a unit of local government 
                within the State, that will receive any portion of the 
                grant 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
                    ``(ii) that the State or unit of local government 
                shall use a portion of the grant amount to prepare and 
                apply for such accreditation as described in clause (i) 
                not later than 2 years after the date on which the 
                grant is awarded under this part; and
            ``(C) a certification that--
                    ``(i) any forensic medicine service provider in the 
                State that will receive any portion of the grant 
                amounts is accredited by a 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 by an accrediting body that 
                has developed and implemented programs of accreditation 
                that promote within the office a quality management 
                system designed to improve and maintain quality 
                assurance, integrity and the use of generally accepted 
                laboratory practices and procedures; or
                    ``(ii) that the State or unit of local government 
                shall use a portion of the grant amount to prepare and 
                apply for accreditation described in clause (i) not 
                later than 3 years after the date on which the grant is 
                awarded under this part;'';
                    (C) in paragraph (4)--
                            (i) by striking ``that a government entity 
                        exists and an appropriate process is in place'' 
                        and inserting ``that a named government entity 
                        has an appropriate process in place''; and
                            (ii) by striking ``medical examiner's 
                        office, coroner's office'' and inserting 
                        ``forensic medicine service provider'';
                    (D) by inserting before subsection (b), as so 
                designated by subparagraph (A), the following:
    ``(a) Definitions.--In this section:
            ``(1) Forensic medicine service provider.--The term 
        `forensic medicine service provider' means a State or unit of 
        local government forensic medicine service provider having not 
        fewer than 1 part-time or full-time employed forensic 
        pathologist, or forensic pathologist under contract, who 
        conducts medico-legal death investigations, including 
        examinations of human remains, and who provides reports or 
        opinion testimony with respect to such activity in courts of 
        law within the United States.
            ``(2) Forensic science service provider.--The term 
        `forensic science service provider' means a State or unit of 
        local government agency having not fewer than 1 full-time 
        analyst who examines physical evidence in criminal or 
        investigative matters and provides reports or opinion testimony 
        with respect to such evidence in courts of law in the United 
        States.''; and
                    (E) by adding at the end the following:
    ``(c) Requirement.--Not later than 30 days after the date on which 
grant funds are dispersed under this part, the Attorney General shall 
publish on the public website of the Department of Justice--
            ``(1) a list of each forensic laboratory system, forensic 
        medicine service provider, law enforcement storage facility, or 
        medical facility that received the funds; and
            ``(2) as it corresponds to each entity listed under 
        paragraph (1)--
                    ``(A) the name of the government entity responsible 
                for conducting independent external investigations 
                under subsection (b)(4)(A);
                    ``(B) a description of the process by which the 
                government entity will conduct the independent external 
                investigations into allegations of serious negligence 
                or misconduct; and
                    ``(C) instructions for how a person can file an 
                allegation described in subparagraph (B).'';
            (2) in section 2803(a) (34 U.S.C. 10563(a))--
                    (A) in paragraph (1), by striking ``Eighty-five 
                percent'' and inserting the following:
                    ``(A) In general.--Subject to subparagraph (B), 85 
                percent''; and
                    (B) by adding at the end the following:
                    ``(B) Additional allocation requirements.--
                            ``(i) In general.--Of the total amount made 
                        to a State for a fiscal year under subparagraph 
                        (A), 5 percent shall be allocated for--
                                    ``(I) forensic science service 
                                providers pursuing first-time 
                                accreditation by an accrediting body 
                                that--
                                            ``(aa) is a signatory to an 
                                        internationally recognized 
                                        arrangement; and
                                            ``(bb) offers accreditation 
                                        to forensic science conformity 
                                        assessment bodies using an 
                                        accreditation standard that is 
                                        recognized by such 
                                        internationally recognized 
                                        arrangement; and
                                    ``(II) forensic medicine service 
                                providers pursuing first-time 
                                accreditation by an accrediting body--
                                            ``(aa) that--

                                                    ``(AA) is a 
                                                signatory to an 
                                                internationally 
                                                recognized arrangement; 
                                                and

                                                    ``(BB) offers 
                                                accreditation to 
                                                forensic science 
                                                conformity assessment 
                                                bodies using an 
                                                accreditation standard 
                                                that is recognized by 
                                                such internationally 
                                                recognized arrangement;

                                            ``(bb) that has developed 
                                        and implemented programs of 
                                        accreditation that promote 
                                        within the office a quality 
                                        management system designed to 
                                        improve and maintain quality 
                                        assurance, integrity and the 
                                        use of generally accepted 
                                        laboratory practices and 
                                        procedures; or
                                            ``(cc) 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 3 
                                        years after the date on which a 
                                        grant is awarded under section 
                                        2801.
                            ``(ii) Requirement.--
                                    ``(I) In general.--Each State 
                                receiving a grant amount for a fiscal 
                                year shall submit a certification that 
                                the State Administering Agency has made 
                                reasonable efforts to notify the 
                                forensic science service providers and 
                                forensic medicine service providers in 
                                the State that not less than 5 percent 
                                of the total amount awarded under this 
                                part are available for preparation for 
                                or fees associated with first-time 
                                accreditation.
                                    ``(II) Reasonable efforts.--For 
                                purposes of subclause (I), reasonable 
                                efforts to provide notice include email 
                                or mail to known forensic science 
                                service provider contacts.
                                    ``(III) Rule of construction.--
                                Nothing in this clause shall be 
                                construed to require that a forensic 
                                science service provider or forensic 
                                medicine service provider--
                                            ``(aa) apply for funds 
                                        described in this clause; or
                                            ``(bb) sign a declaration 
                                        stating the provider does not 
                                        want the funds.
                                    ``(IV) Other allowable uses.--If 
                                any amount of the 5 percent of funds 
                                allocated under this subparagraph are 
                                not requested or used by a forensic 
                                science service provider or forensic 
                                medicine service provider, such amount 
                                may be allocated by the State to other 
                                allowable grant purposes.'';
            (3) in section 2804(a)(5) (34 U.S.C. 10564(a)(5)), by 
        inserting ``, coroners, and medical-legal death investigators'' 
        before the period at the end; and
            (4) in section 2806(a) (34 U.S.C. 10566(a))--
                    (A) in paragraph (1), by inserting ``and forensic 
                pathology or medical-legal death investigator'' after 
                ``science'';
                    (B) in paragraph (2)--
                            (i) by inserting ``or human remains'' after 
                        ``sample''; and
                            (ii) by inserting ``examination or'' before 
                        ``test results'';
                    (C) in paragraph (3), after ``laboratory'' insert 
                ``or forensic medicine service provider''; and
                    (D) in paragraph (4), by inserting ``or forensic 
                medicine service provider'' after ``provider''.
    (b) Reauthorization.--Section 1001(a)(24) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10261(a)(24)) is 
amended--
            (1) by striking subparagraphs (A) through (M);
            (2) by redesignating subparagraph (N) as subparagraph (A);
            (3) in subparagraph (A), as so redesignated, by striking 
        the period at the end and inserting ``; and''; and
            (4) by adding at the end the following:
            ``(B) $40,000,000 for fiscal year 2023;
            ``(C) $43,000,000 for fiscal year 2024;
            ``(D) $46,000,000 for fiscal year 2025;
            ``(E) $50,000,000 for fiscal year 2026; and
            ``(F) $50,000,000 for fiscal year 2027.''.
    (c) Operational Needs Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and once every 3 years thereafter, 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 
        projected workload, backlog, personnel, workforce, resource, 
        and equipment needs of forensic science providers and forensic 
        medical service providers.
            (2) Required coordination.--The study required under 
        paragraph (1) shall be conducted in conjunction with the 
        Forensic Laboratory Needs-Technology Working Group and the 
        Federal Interagency Medicolegal Death Investigation Working 
        Group.
            (3) Considerations.--The report required under paragraph 
        (1) shall consider--
                    (A) the most recent Bureau of Justice Statistics 
                census reports on Publicly Funded Forensic Science 
                Service Providers, Digital Forensic Science Service 
                Providers, and Medical Examiner/Coroner Offices;
                    (B) the Report to Congress: Needs Assessment of 
                Forensic Laboratories and Medical Examiner/Coroner 
                Offices, published by the National Institute of 
                Justice; and
                    (C) the practical and applied implications of any 
                other scientific reports on forensic science with 
                relevance to the operational, quality management, and 
                practical needs of the forensic science community.
            (4) Public availability.--The report submitted under 
        paragraph (1) shall be made available to the public.

SEC. 10. REMOVING UNNECESSARY AUTHORIZATIONS.

    Title III of the Justice for All Act of 2004 (Public Law 108-405) 
is amended in section 307(a) by striking ``$7,400,000 for fiscal year 
2017 and $10,000,000 for each of fiscal years 2018 through 2021''.

SEC. 11. IMPROVING THE QUALITY OF REPRESENTATION IN STATE CAPITAL 
              CASES.

    (a) Authorization.--Section 426(a)(5) of the Innocence Protection 
Act of 2004 (34 U.S.C. 60306(a)(5)) is amended by striking 
``$22,500,000 for fiscal year 2021.'' and inserting ``$12,500,000 for 
each of fiscal years 2023 through 2027,''.
    (b) Authorization of Grant Program To Ensure Case Review, 
Representation, and Provide Post-Conviction Relief.--
            (1) In general.--Subtitle B of title IV of the Justice for 
        All Act of 2004 (34 U.S.C. 60301 et seq.) is amended by adding 
        at the end the following:

``SEC. 427. WRONGFUL CONVICTION REVIEWS.

            ``(1) Purpose.--The Attorney General shall administer grant 
        programs within the Bureau of Justice Assistance, to encourage 
        the review of possible cases of wrongful conviction and 
        facilitate post-conviction relief by establishing or expanding 
        State and local conviction integrity units and by providing 
        high quality representation for defendants litigating post-
        conviction claims of innocence.
            ``(2) Conviction integrity unit grants.--
                    ``(A) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means a prosecutor's office 
                or a State attorney general's office that may work in 
                partnership with a nonprofit organization, law school 
                innocence clinic, or public defender's office dedicated 
                to receiving petitions for or reviewing wrongful 
                convictions and wrongful sentences.
                    ``(B) Authorization.--The Attorney General, acting 
                through the Director of the Bureau of Justice 
                Assistance, shall make grants to eligible entities for 
                the purpose of creating State and local conviction 
                integrity units or entities.
                    ``(C) Application requirements.--Each application 
                for a grant under this paragraph shall--
                            ``(i) demonstrate a plan by the applicant 
                        to create, maintain, or expand a State or local 
                        conviction integrity unit with the intention to 
                        conduct substantive, evidence-based conviction 
                        review;
                            ``(ii) develop a tool to survey or conduct 
                        focus groups with community members, non-profit 
                        organizations, or public defender offices 
                        dedicated to receiving petitions for or 
                        reviewing wrongful convictions, and existing 
                        local Conviction Integrity Units in order to 
                        identify--
                                    ``(I) the needs of individuals or 
                                their counsel seeking review of their 
                                convictions or sentences; and
                                    ``(II) the needs of existing local 
                                conviction integrity units and non-
                                profit organizations or public 
                                defender's offices dedicated to 
                                receiving petitions for or reviewing 
                                wrongful convictions;
                            ``(iii) use the information gathered under 
                        clause (ii) and conviction integrity unit best 
                        practices to advise procedural conduct in 
                        conviction review;
                            ``(iv) develop procedures to ensure that 
                        conviction integrity unit is able to operate 
                        independently in rules and practice from the 
                        other units within the district attorney's 
                        offices or any prosecutors previously involved 
                        with the case;
                            ``(v) in the case of a prosecutor's office 
                        that cannot meet the requirement in clause (iv) 
                        because of the size of the office, provide a 
                        written policy detailing reasonable steps that 
                        shall be taken to preserve independence and 
                        ethical integrity during the investigation;
                            ``(vi) allow for meaningful participation 
                        in the review process by petitioner's counsel; 
                        and
                            ``(vii) develop victim notification 
                        procedures for final exonerations as 
                        appropriate.
                    ``(D) Preference.--In awarding grants under this 
                paragraph, the Attorney General shall give preference 
                to applicants who demonstrate a partnership with a 
                nonprofit organization, law school innocence clinic, or 
                public defender's office dedicated to receiving 
                petitions for or review wrongful convictions and 
                wrongful sentences.
                    ``(E) Authorization of appropriations.--There are 
                authorized to be appropriated $10,000,000 for each of 
                fiscal years 2023 through 2027 to carry out this 
                paragraph, of which not more than 5 percent of the 
                grant funding shall be used for training and technical 
                assistance for grantees.
            ``(3) Wrongful conviction review grants.--
                    ``(A) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means a non-profit 
                organization, institution of higher education, or State 
                or local public defender office that has in-house post-
                conviction representation programs that show 
                demonstrable experience or competence in litigating 
                post-conviction claims of innocence.
                    ``(B) Authorization.--The Attorney General shall 
                establish a wrongful conviction review grant program 
                and award grants to eligible entities for the purpose 
                of providing high quality post-conviction 
                representation for defendants in post-conviction claims 
                of innocence.
                    ``(C) Use of funds.--A grant awarded under this 
                paragraph shall be used to support an eligible entity 
                in providing--
                            ``(i) post-conviction legal representation 
                        of innocence claims;
                            ``(ii) case review, evaluation, and 
                        management;
                            ``(iii) experts;
                            ``(iv) potentially exonerative forensic 
                        testing by a forensic service provider that is 
                        accredited by an accrediting body that--
                                    ``(I) is a signatory to an 
                                internationally recognized arrangement; 
                                and
                                    ``(II) offers accreditation to 
                                forensic science conformity assessment 
                                bodies using an accreditation standard 
                                that is recognized by the 
                                internationally recognized arrangement 
                                described in subclause (I); and
                            ``(v) investigation services related to 
                        supporting these post-conviction innocence 
                        claims.
                    ``(D) Authorization of appropriations.--There are 
                authorized to be appropriated to carry out this 
                paragraph--
                            ``(i) $15,000,000 for fiscal year 2023;
                            ``(ii) $18,000,000 for fiscal year 2024;
                            ``(iii) $22,000,000 for fiscal year 2025;
                            ``(iv) $26,000,000 for fiscal year 2026; 
                        and
                            ``(v) $30,000,000 for fiscal year 2027.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Justice for All Act of 2004 (Public Law 108-405; 
        118 Stat. 2260) is amended by inserting after the item relating 
        to section 426 the following:

``Sec. 427. Wrongful conviction reviews.''.

SEC. 12. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING GRANT PROGRAM.

    (a) Reauthorization.--The Innocence Protection Act of 2004 (title 
IV of Public Law 108-405; 118 Stat. 2278) is amended--
            (1) in section 412(a) (34 U.S.C. 40727(a)), by inserting 
        ``and units of local government'' after ``States''; and
            (2) in section 413 (34 U.S.C. 40722 note)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``2017 through 2021'' and inserting ``2022 
                through 2026''; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) demonstrate the existence of current laws, 
        regulations, or policies for relevant jurisdictions in the 
        State in which the eligible entity operates that require 
        preservation of biological evidence secured in relation to the 
        investigation or prosecution of a State offense--
                    ``(A) under a State statute or a State or local 
                rule, regulation, or practice, in a manner that seeks 
                to ensure that reasonable measures are taken by 
                jurisdictions within the State to preserve such 
                evidence; or
                    ``(B) under a State statute or a State or local 
                rule, regulation, or practice, in a manner comparable 
                to section 3600A of title 18, United States Code, if--
                            ``(i) jurisdictions within the State that 
                        would benefit from this grant program comply 
                        with this requirement; and
                            ``(ii) such jurisdictions may preserve such 
                        evidence for longer than the period of time 
                        that such evidence would be required to be 
                        preserved under such section 3600A.''.
    (b) Authorization of Appropriations.--Section 412 of the Innocence 
Protection Act of 2004 (34 U.S.C. 40727) is amended by striking 
subsection (b) and inserting the following:
    ``(b) Appropriation.--There are authorized to be appropriated--
            ``(1) $15,000,000 for fiscal year 2023;
            ``(2) $18,000,000 for fiscal year 2024;
            ``(3) $22,000,000 for fiscal year 2025;
            ``(4) $26,000,000 for fiscal year 2026; and
            ``(5) $30,000,000 for fiscal year 2027.''.

SEC. 13. ADDITIONAL DNA-RELATED REAUTHORIZATIONS.

    (a) DNA Research and Development.--Section 305(c) of the DNA Sexual 
Assault Justice Act of 2004 (34 U.S.C. 40724(c)) is amended by striking 
``2017 through 2021'' and inserting ``2023 through 2027''.
    (b) DNA Identification of Missing Persons.--Section 308(c) of the 
DNA Sexual Assault Justice Act of 2004 (34 U.S.C. 40726(c)) is amended 
by striking ``2017 through 2021'' and inserting ``2023 through 2027''.

SEC. 14. ACCOUNTABILITY.

    For fiscal year 2023, and each fiscal year thereafter, all grants 
awarded by the Department of Justice that are authorized under this Act 
shall be subject to the following accountability provisions:
            (1) Audit requirement.--
                    (A) Definition.--In this paragraph, the term 
                ``unresolved audit finding'' means an audit report 
                finding in the final audit report of the Inspector 
                General of the Department of Justice that the grantee 
                has utilized grant funds for an unauthorized 
                expenditure or otherwise unallowable cost that is not 
                closed or resolved during the 12-month period beginning 
                on the date on which the final audit report is issued.
                    (B) Requirement.--Beginning in fiscal year 2023, 
                and in 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.
                    (C) 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 first 2 
                fiscal years beginning after the end of the 12-month 
                period described in subparagraph (A).
                    (D) 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.
                    (E) Reimbursement.--If an entity is awarded grant 
                funds under this Act during the 2-fiscal-year period 
                during which the entity is barred from receiving grants 
                under subparagraph (C), the Attorney General shall--
                            (i) deposit an amount equal to the amount 
                        of the grant funds that were improperly awarded 
                        to the grantee into the General Fund of the 
                        Treasury; and
                            (ii) seek to recoup the costs of the 
                        repayment to the fund from the grant recipient 
                        that was erroneously awarded grant funds.
            (2) Nonprofit organization requirements.--
                    (A) Definition.--For purposes of this section and 
                the grant programs authorized under this Act, the term 
                ``nonprofit organization'' means an organization that 
                is described in section 501(c)(3) of the Internal 
                Revenue Code of 1986 and is exempt from taxation under 
                section 501(a) of such Code.
                    (B) Prohibition.--The Attorney General may not 
                award a grant under this Act to a nonprofit 
                organization that holds money in offshore accounts for 
                the purpose of avoiding paying the tax described in 
                section 511(a) of the Internal Revenue Code of 1986.
                    (C) Disclosure.--Each nonprofit organization that 
                is awarded a grant under 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 subparagraph 
                available for public inspection.
            (3) 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 entity 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 funds made available to the 
                Department of Justice, unless the Deputy Attorney 
                General or the appropriate Assistant Attorney General, 
                Director, or principal deputy (as designated by the 
                Deputy Attorney General) provides prior written 
                authorization that the funds may be expended to host 
                the conference, or was approved by the Attorney General 
                through the application process and subsequent 
                cooperative agreement award and any approved revisions.
                    (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, beverages, audio-visual equipment, 
                honoraria for speakers, and 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 under this paragraph.
            (4) Annual certification.--Beginning in fiscal year 2023, 
        the Attorney General shall submit, to the Committee on the 
        Judiciary and the Committee on Appropriations of the Senate and 
        the Committee on the Judiciary and the Committee on 
        Appropriations of the House of Representatives, an annual 
        certification indicating whether--
                    (A) all audits issued by the Office of the 
                Inspector General under paragraph (1) have been 
                completed and reviewed by the appropriate Assistant 
                Attorney General or Director;
                    (B) all mandatory exclusions required under 
                paragraph (1)(C) have been issued, which includes a 
                list of any grant recipients excluded under paragraph 
                (1) from the previous year; and
                    (C) all reimbursements required under paragraph 
                (1)(E) have been made.
            (5) 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.
            (6) Other prohibitions.--None of the funds provided under 
        this Act shall be used by grant or cooperative agreement 
        recipients as a management fee or profit for the purpose of 
        circumventing statutory or other limitations included in the 
        terms and conditions of the award on otherwise allowable costs, 
        including the use of management fees or profit to purchase 
        alcoholic beverages, entertainment, meals for non-business 
        purposes, and membership dues for social or sporting clubs.
            (7) Preventing duplicative grants.--
                    (A) In general.--Before the Attorney General awards 
                a grant to an applicant under this Act, the Attorney 
                General shall compare potential grant awards with other 
                grants awarded under this Act to determine whether 
                duplicate grants are awarded for the same purpose.
                    (B) Report.--If the Attorney General awards 
                duplicate grants to the same applicant for the same 
                purpose, the Attorney General shall submit to the 
                Committee on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives a report that includes--
                            (i) a list of all duplicate grants awarded, 
                        including the total dollar amount of any 
                        duplicate grants awarded; and
                            (ii) the reason the Attorney General 
                        awarded the duplicate grants.
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