Justice for All Reauthorization Act of 2013

Bill: 113-s-822
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2013-04-25 in the Senate
Policy area: Crime and Law Enforcement
Subjects: Accounting and auditing
Civil actions and liability
Congressional oversight
Correctional facilities and imprisonment
Crime victims
Crimes against women
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Criminal procedure and sentencing
Department of Justice
Due process and equal protection
Evidence and witnesses
Executive agency funding and structure
Federal Bureau of Investigation (FBI)
First responders and emergency personnel
Government studies and investigations
Government trust funds
Judicial procedure and administration
Law enforcement administration and funding
Law enforcement officers
Lawyers and legal services
Medical tests and diagnostic methods
Performance measurement
Research administration and funding
Research and development
Sex offenses
Social work, volunteer service, charitable organizations
Tax-exempt organizations

Summary:
action_date: 2013-04-25
text: 
Justice for All Reauthorization Act of 2013 - Amends the federal criminal code to: (1) grant crime victims the right to be informed of their rights and of services available to them, (2) expand eligibility for post-conviction DNA testing in criminal proceedings other than death penalty cases, and (3) eliminate the waiver of the right to request DNA testing of biological evidence.
 
Amends the Justice for All Act of 2004 to extend through FY2018 the authorization of appropriations for grant programs for:
 
 
 the enforcement of crime victims' rights;
 
 DNA training and education for law enforcement officers;
 
 sexual assault forensic exams;
 
 DNA research and development;
 
 DNA programs of the Federal Bureau of Investigation (FBI);
 
identification of missing persons;
 
 improving the quality of legal representation for indigent defendants in capital cases;
 
 providing incentives to states to establish a reasonable process for resolving claims of actual innocence; and 
 
 the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to help states defray the costs of post-conviction DNA testing.
 
 
Amends the Victims of Crime Act of 1984 to extend through FY2018 grants for notification to crime victims of dates and developments in criminal proceedings. 
 
Amends the DNA Analysis Backlog Elimination Act of 2000 to extend the authorization of appropriations through FY2018 for the Debbie Smith DNA Backlog Grant Program.. 
 
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to: (1) extend (until three years after enactment of this Act) the period for compliance by governmental entities with requirements for payment of the full cost of forensic medical exams for victims of sexual assault, and (2) extend (through FY2018) the authorization of appropriations for the Paul Coverdell forensic sciences improvement grant program.
 
Requires the Director of the National Institute of Justice to: (1) establish best practices for evidence retention to focus on the preservation of biological evidence; and (2) assist state, local, and tribal governments in adopting and implementing such best practices.
 
Effective Administration of Criminal Justice Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require grant applicants under the Edward Byrne Memorial Justice Assistance Grant Program to include in grant applications a comprehensive state-wide plan for the improvement of the administration of the criminal justice system. 
 
Makes all grants awarded by the Department of Justice (DOJ) under this Act subject to audits beginning in FY2014 to prevent waste, fraud, and abuse of funds by grantees.

action_date: 2013-11-07
text: 
Justice for All Reauthorization Act of 2013 - (Sec. 2) Amends the federal criminal code to add to the list of crime victims' rights: (1) the right to be informed in a timely manner of any plea bargain or deferred prosecution agreement, and (2) the right to be informed of victims' rights and the services described in the Victims' Rights and Restitution Act of 1990 and to be provided contact information for the Office of the Victims' Rights Ombudsman of the Department of Justice (DOJ). 
 
Amends the Victims of Crime Act of 1984 to permit surplus amounts in the Crime Victims Fund to be used only for a Victim Notification System and for the U.S. Attorneys Offices and the Federal Bureau of Investigation (FBI) to provide and to improve services for the benefit of crime victims in the federal criminal justice system (current law) through victim coordinators, victims' specialists, and advocates, including for the administrative support of such coordinators and advocates.
 
(Sec. 3) Amends: (1) the Justice for All Act of 2004 to authorize appropriations for crime victims legal assistance grants through FY2018, and (2) the Victims of Crime Act of 1984 to authorize appropriations for crime victims notification grants through FY2018.
 
(Sec. 4) Amends the DNA Analysis Backlog Elimination Act of 2000 to extend through FY2018 the authorization of appropriations for the Debbie Smith DNA Backlog Grant Program.
 
(Sec. 5) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend until three years after the enactment of the Violence Against Women Reauthorization Act of 2013 (i.e., March 7, 2013), the deadline for compliance by states, local governments, and Indian tribal governments with requirements for payment of rape exams and notifications to rape victims. 
 
(Sec. 6) Amends the Justice for All Act of 2004 to extend through FY2018 the authorization of appropriations for: (1) DNA training and education for law enforcement and correctional personnel and court officers; (2) sexual assault forensic exam program grants, (3) DNA research and development, (4) FBI DNA Programs, and (5) DNA identification of missing persons. 
 
(Sec. 7) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to to extend through FY2018 the Paul Coverdell Forensic Sciences Improvement Grant Program. 
 
(Sec. 8) Amends the Justice for All Act of 2004 to extend through FY2018 the grant program for improving the quality of legal representation of indigent criminal defendants in cases involving the death penalty. 
 
(Sec. 9) Amends the federal criminal code to expand eligibility for post-conviction DNA testing in criminal proceedings other than death penalty cases.
 
(Sec. 10) Amends the Justice for All Act to authorize appropriations for FY2014-FY2018 for: (1) incentive grants to states to ensure consideration of claims of actual innocence in criminal cases, and (2) the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to help states defray the costs of such testing.
 
(Sec. 11) Amends the Justice for All Act of 2004 to require the Director of the National Institute of Justice, in consultation with federal, state, and local law enforcement agencies and government laboratories, to: (1) establish best practices for evidence retention to focus on the preservation of biological evidence; and (2) assist state, local, and tribal governments in adopting and implementing such practices. Requires the publication of such best practices not later than one year after the enactment of this Act. 
 
(Sec.12) Effective Administration of Criminal Justice Act of 2013 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require grant applications under the Edward Byrne Memorial Justice Assistance Grant Program to include a comprehensive statewide plan for the improvement of the administration of the criminal justice system. Requires the Attorney General to provide technical assistance to states and local governments to develop and implement such a plan and to meet constitutional requirements. Authorizes appropriations for FY2014-FY2018.
 
(Sec. 13) Subjects all grants awarded by DOJ under this Act to requirements that: (1) the DOJ Inspector General, beginning in FY2014, conduct annual audits of grant recipients to prevent waste, fraud, and abuse; (2) a recipient found to have an unresolved audit finding that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost shall be ineligible to receive grant funds for a specified period; (3) the Attorney General give priority to eligible entities that, during the three fiscal years before submitting a grant application, did not have an unresolved audit finding showing a violation in the terms or conditions of a DOJ grant program; and (4) an entity awarded grant funds during the period in which the entity is barred from receiving grants shall deposit an amount equal to the improperly awarded funds into the Treasury's General Fund and that the Attorney General shall seek to recoup the costs of repayment.
 
Prohibits the Attorney General from awarding a grant under this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax on unrelated business income of charitable organizations.
 
Requires each nonprofit organization that is awarded a grant under this Act and that uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees to disclose to the Attorney General, in the grant application, 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. Requires the Attorney General to make the information disclosed available for public inspection upon request.
 
Prohibits more than 7.5% of the amounts authorized to be appropriated under this Act from being used by the Attorney General for DOJ salaries and administrative expenses, unless otherwise explicitly provided in authorizing legislation.
 
Prohibits sums authorized to be appropriated to DOJ under this Act from being 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 DOJ funds, without prior written authorization by the Deputy Attorney General or other specified officials. Requires: (1) such written authorization to include a written estimate of all costs associated with the conference, and (2) the Deputy Attorney General to report annually to the Judiciary Committees of Congress on all approved conference expenditures.
 
Prohibits sums authorized to be appropriated under this Act from being used by any grant recipient to lobby any representative of DOJ or of a federal, state, local, or tribal government regarding the award of grant funding. Directs the Attorney General to: (1) require any grant recipient determined to have violated such prohibition to repay the grant in full, and (2) prohibit such recipient from receiving another grant under this Act for at least five years.


Legislative actions:
action_date: 2013-11-07
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 241.
action_date: 2013-11-07
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2013-11-07
text: Committee on the Judiciary. Reported by Senator Leahy with amendments. Without written report.
action_date: 2013-10-31
text: Committee on the Judiciary. Ordered to be reported with amendments favorably.
action_date: 2013-04-25
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3034-3036)
action_date: 2013-04-25
text: Sponsor introductory remarks on measure. (CR S3033-3034)
action_date: 2013-04-25
text: Introduced in Senate