39–008 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–737 

PROVIDING FOR CONSIDERATION OF H.R. 5107, JUSTICE 

FOR ALL ACT OF 2004 

OCTOBER 6 (legislative day, OCTOBER 5), 2004.—Referred to the House Calendar and 

ordered to be printed 

Mrs. MYRICK, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 823] 

The Committee on Rules, having had under consideration House 

Resolution 823, by a nonrecord vote, reports the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 5107, the Justice for All Act of 2004, under a modified closed rule, providing one 

hour of debate in the House equally divided and controlled by the 

chairman and ranking minority member of the Committee on the 

Judiciary. The rule waives all points of order against consideration 

of the bill. 

The rule provides for consideration of the amendment printed in 

this report, if offered by Representative Sensenbrenner of Wisconsin or his designee, which shall be considered as read, shall not 

be subject to a demand for division of the question, and shall be 

separately debatable for 20 minutes equally divided and controlled 

by the proponent and opponent. The rule waives all points of order 

against the amendment printed in this report. 

Finally, the rule provides one motion to recommit with or without instructions. 

SUMMARY OF AMENDMENT MADE IN ORDER

(Summary derived from information provided by the amendment 

sponsor.) 

1. Sensenbrenner: 

Manager’s Amendment. Changes provisions to allow a victim a 

right to bring a motion to enforce the right to be heard in plea and 

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sentence and also allows a victim to be heard at a parole proceeding. Allows for a five year time period to file a motion for a 

DNA test and then provides for a rebuttable presumption against 

the test after that. Changes the standard for getting a new trial 

from a ‘‘preponderance of the evidence’’ standard to a ‘‘compelling 

evidence’’ standard. Reduces the amount authorized for capital representation and prosecution grants by $25 million and limits the 

amount that may be used for training and effective systems at the 

appellate level. Increases the penalties for misuse of DNA samples. 

(20 minutes) 

TEXT OF AMENDMENT MADE IN ORDER

Page 2, after line 7, in the item in the table of contents relating 

to TITLE I, strike ‘‘CAMBELL’’ and insert ‘‘CAMPBELL’’. 

Page 3, line 1, strike ‘‘CAMBELL’’ and insert ‘‘CAMPBELL’’. 

Page 4, line 12, insert after ‘‘proceeding’’ the following: ‘‘, or any 

parole proceeding,’’. 

Page 4, line 16, insert after ‘‘the court’’ the following: ‘‘, after receiving clear and convincing evidence,’’. 

Page 4, line 18, strike ‘‘affected’’ and insert ‘‘altered’’. 

Page 4, line 21, insert after ‘‘proceeding’’ the following: ‘‘in the 

district court’’. 

Page 4, lines 21-22, strike ‘‘or sentencing’’ and insert ‘‘, sentencing, or any parole proceeding’’. 

Page 5, line 10, strike ‘‘Before’’ and all that follows through ‘‘the 

right’’ on line 11 and inserting ‘‘Before making a determination’’. 

Page 7, line 2, strike ‘‘such motion’’ and insert ‘‘any motion asserting a victim’s right’’. 

Page 7, line 12, strike ‘‘day,’’ and all that follows through ‘‘trial,’’ 

and insert ‘‘days’’. 

Page 7, line 13, insert after the period the following: ‘‘If the court 

of appeals denies the relief sought, the reasons for the denial shall 

be clearly stated on the record in a written opinion.’’. 

Page 7, line 20, strike ‘‘, or’’ and all that follows through the end 

of line 22 and insert ‘‘. A victim may make a motion to re-open a 

plea or sentence only if— 

‘‘(A) the victim has asserted the right to be heard before 

or during the proceeding at issue and such right was denied; 

‘‘(B) the victim petitions the court of appeals for a writ 

of mandamus within 10 days; and 

‘‘(C) in the case of a plea, the accused has not pled to the 

highest offense charged. 

‘‘This paragraph does not affect the victim’s right to restitution 

as provided in title 18, United States Code.’’. 

Page 15, strike line 4 and all that follows through the end of the 

bill (titles II, III, and IV) and insert the following new titles: 

TITLE II—DEBBIE SMITH ACT OF 2004 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Debbie Smith Act of 2004’’. 

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SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

(a) DESIGNATION OF PROGRAM; ELIGIBILITY OF LOCAL GOVERN- MENTS AS GRANTEES.—Section 2 of the DNA Analysis Backlog 

Elimination Act of 2000 (42 U.S.C. 14135) is amended— 

(1) by amending the heading to read as follows: 

‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.’’; 

(2) in subsection (a)— 

(A) in the matter preceding paragraph (1)— 

(i) by inserting ‘‘or units of local government’’ after 

‘‘eligible States’’; and 

(ii) by inserting ‘‘or unit of local government’’ after 

‘‘State’’; 

(B) in paragraph (2), by inserting before the period at 

the end the following: ‘‘, including samples from rape kits, 

samples from other sexual assault evidence, and samples 

taken in cases without an identified suspect’’; and 

(C) in paragraph (3), by striking ‘‘within the State’’; 

(3) in subsection (b)— 

(A) in the matter preceding paragraph (1)— 

(i) by inserting ‘‘or unit of local government’’ after 

‘‘State’’ both places that term appears; and 

(ii) by inserting ‘‘, as required by the Attorney General’’ after ‘‘application shall’’; 

(B) in paragraph (1), by inserting ‘‘or unit of local government’’ after ‘‘State’’; 

(C) in paragraph (3), by inserting ‘‘or unit of local government’’ after ‘‘State’’ the first place that term appears; 

(D) in paragraph (4)— 

(i) by inserting ‘‘or unit of local government’’ after 

‘‘State’’; and 

(ii) by striking ‘‘and’’ at the end; 

(E) in paragraph (5)— 

(i) by inserting ‘‘or unit of local government’’ after 

‘‘State’’; and 

(ii) by striking the period at the end and inserting 

a semicolon; and 

(F) by adding at the end the following: 

‘‘(6) if submitted by a unit of local government, certify that 

the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or 

through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA 

Index System; and’’; 

(4) in subsection (d)— 

(A) in paragraph (1)— 

(i) in the matter preceding subparagraph (A), by 

striking ‘‘The plan’’ and inserting ‘‘A plan pursuant to 

subsection (b)(1)’’; 

(ii) in subparagraph (A), by striking ‘‘within the 

State’’; and 

(iii) in subparagraph (B), by striking ‘‘within the 

State’’; and 

(B) in paragraph (2)(A), by inserting ‘‘and units of local 

government’’ after ‘‘States’’; 

(5) in subsection (e)— 

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(A) in paragraph (1), by inserting ‘‘or local government’’ 

after ‘‘State’’ both places that term appears; and 

(B) in paragraph (2), by inserting ‘‘or unit of local government’’ after ‘‘State’’; 

(6) in subsection (f), in the matter preceding paragraph (1), 

by inserting ‘‘or unit of local government’’ after ‘‘State’’; 

(7) in subsection (g)— 

(A) in paragraph (1), by inserting ‘‘or unit of local government’’ after ‘‘State’’; and 

(B) in paragraph (2), by inserting ‘‘or units of local government’’ after ‘‘States’’; and 

(8) in subsection (h), by inserting ‘‘or unit of local government’’ after ‘‘State’’ both places that term appears. 

(b) REAUTHORIZATION AND EXPANSION OF PROGRAM.—Section 2 of 

the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 

14135) is amended— 

(1) in subsection (a)— 

(A) in paragraph (3), by inserting ‘‘(1) or’’ before ‘‘(2)’’; 

and 

(B) by inserting at the end the following: 

‘‘(4) To collect DNA samples specified in paragraph (1). 

‘‘(5) To ensure that DNA testing and analysis of samples 

from crimes, including sexual assault and other serious violent 

crimes, are carried out in a timely manner.’’; 

(2) in subsection (b), as amended by this section, by inserting 

at the end the following: 

‘‘(7) specify that portion of grant amounts that the State or 

unit of local government shall use for the purpose specified in 

subsection (a)(4).’’; 

(3) by amending subsection (c) to read as follows: 

‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.— 

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

grant amounts, and establish appropriate grant conditions 

under this section, in conformity with a formula or formulas 

that are designed to effectuate a distribution of funds among 

eligible States and units of local government that— 

‘‘(A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and 

‘‘(B) allocates grants among eligible entities fairly and 

efficiently to address jurisdictions in which significant 

backlogs exist, by considering— 

‘‘(i) the number of offender and casework samples 

awaiting DNA analysis in a jurisdiction; 

‘‘(ii) the population in the jurisdiction; and 

‘‘(iii) the number of part 1 violent crimes in the jurisdiction. 

‘‘(2) MINIMUM AMOUNT.—The Attorney General shall allocate 

to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except 

that the United States Virgin Islands, American Samoa, 

Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation. 

‘‘(3) LIMITATION.—Grant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samVerDate Aug 04 2004 04:54 Oct 07, 2004 Jkt 039008 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR737.XXX HR737
5 

ples from casework or from victims of crime under subsection 

(a)(2) in accordance with the following limitations: 

‘‘(A) For fiscal year 2005, not less than 50 percent of the 

grant amounts shall be awarded for purposes under subsection (a)(2). 

‘‘(B) For fiscal year 2006, not less than 50 percent of the 

grant amounts shall be awarded for purposes under subsection (a)(2). 

‘‘(C) For fiscal year 2007, not less than 45 percent of the 

grant amounts shall be awarded for purposes under subsection (a)(2). 

‘‘(D) For fiscal year 2008, not less than 40 percent of the 

grant amounts shall be awarded for purposes under subsection (a)(2). 

‘‘(E) For fiscal year 2009, not less than 40 percent of the 

grant amounts shall be awarded for purposes under subsection (a)(2).’’; 

(4) in subsection (g)— 

(A) in paragraph (1), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following: 

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

grants among eligible States and units of local government, 

and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety.’’; 

(5) in subsection (j), by striking paragraphs (1) and (2) and 

inserting the following: ‘‘(1) $151,000,000 for fiscal year 2005; 

‘‘(2) $151,000,000 for fiscal year 2006; 

‘‘(3) $151,000,000 for fiscal year 2007; 

‘‘(4) $151,000,000 for fiscal year 2008; and 

‘‘(5) $151,000,000 for fiscal year 2009.’’; and 

(6) by adding at the end the following: 

‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AUDITS.—The Attorney General may distribute not more than 1 percent of the grant 

amounts under subsection (j)— 

‘‘(1) to States or units of local government to defray the costs 

incurred by laboratories operated by each such State or unit of 

local government in preparing for accreditation or reaccreditation; 

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

government, or nonprofit professional organizations of persons 

actively involved in forensic science and nationally recognized 

within the forensic science community— 

‘‘(A) to defray the costs of external audits of laboratories 

operated by such State or unit of local government, which 

participates in the National DNA Index System, to determine whether the laboratory is in compliance with quality 

assurance standards; 

‘‘(B) to assess compliance with any plans submitted to 

the National Institute of Justice, which detail the use of 

funds received by States or units of local government 

under this Act; and 

‘‘(C) to support future capacity building efforts; and 

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‘‘(3) in the form of additional grants to nonprofit professional 

associations actively involved in forensic science and nationally 

recognized within the forensic science community to defray the 

costs of training persons who conduct external audits of laboratories operated by States and units of local government and 

which participate in the National DNA Index System. 

‘‘(l) USE OF FUNDS FOR OTHER FORENSIC SCIENCES.—The Attorney General may award a grant under this section to a State or 

unit of local government to alleviate a backlog of cases with respect 

to a forensic science other than DNA analysis if the State or unit 

of local government— 

‘‘(1) certifies to the Attorney General that in such State or 

unit— 

‘‘(A) all of the purposes set forth in subsection (a) have 

been met; 

‘‘(B) a significant backlog of casework is not waiting for 

DNA analysis; and 

‘‘(C) there is no need for significant laboratory equipment, supplies, or additional personnel for timely DNA 

processing of casework or offender samples; and 

‘‘(2) demonstrates to the Attorney General that such State or 

unit requires assistance in alleviating a backlog of cases involving a forensic science other than DNA analysis. 

‘‘(m) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—In the event 

that a laboratory operated by a State or unit of local government 

which has received funds under this Act has undergone an external 

audit conducted to determine whether the laboratory is in compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies 

measures to remedy deficiencies with respect to the compliance by 

the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable.’’. 

SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM. 

(a) INCLUSION OF ALL DNA SAMPLES FROM STATES.—Section 

210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132) is 

amended— 

(1) in subsection (a)(1), by striking ‘‘of persons convicted of 

crimes;’’ and inserting the following: ‘‘of— 

‘‘(A) persons convicted of crimes; 

‘‘(B) persons who have been charged in an indictment or 

information with a crime; and 

‘‘(C) other persons whose DNA samples are collected 

under applicable legal authorities, provided that DNA profiles from arrestees who have not been charged in an indictment or information with a crime, and DNA samples 

that are voluntarily submitted solely for elimination purposes shall not be included in the National DNA Index 

System;’’; and 

(2) in subsection (d)(2)— 

(A) by striking ‘‘if the responsible agency’’ and inserting 

‘‘if— 

‘‘(i) the responsible agency’’; 

(B) by striking the period at the end and inserting ‘‘; or’’; 

and 

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(C) by adding at the end the following: 

‘‘(ii) the person has not been convicted of an offense on 

the basis of which that analysis was or could have been included in the index, and all charges for which the analysis 

was or could have been included in the index have been 

dismissed or resulted in acquittal.’’. 

(b) FELONS CONVICTED OF FEDERAL CRIMES.—Section 3(d) of the 

DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 

14135a(d)) is amended to read as follows: 

‘‘(d) QUALIFYING FEDERAL OFFENSES.—The offenses that shall be 

treated for purposes of this section as qualifying Federal offenses 

are the following offenses, as determined by the Attorney General: 

‘‘(1) Any felony. 

‘‘(2) Any offense under chapter 109A of title 18, United 

States Code. 

‘‘(3) Any crime of violence (as that term is defined in section 

16 of title 18, United States Code). 

‘‘(4) Any attempt or conspiracy to commit any of the offenses 

in paragraphs (1) through (3).’’. 

(c) MILITARY OFFENSES.—Section 1565(d) of title 10, United 

States Code, is amended to read as follows: 

‘‘(d) QUALIFYING MILITARY OFFENSES.—The offenses that shall be 

treated for purposes of this section as qualifying military offenses 

are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General: 

‘‘(1) Any offense under the Uniform Code of Military Justice 

for which a sentence of confinement for more than one year 

may be imposed. 

‘‘(2) Any other offense under the Uniform Code of Military 

Justice that is comparable to a qualifying Federal offense (as 

determined under section 3(d) of the DNA Analysis Backlog 

Elimination Act of 2000 (42 U.S.C. 14135a(d))).’’. 

(d) KEYBOARD SEARCHES.—Section 210304 of the DNA Identification Act of 1994 (42 U.S.C. 14132), as amended by subsection (a), 

is further amended by adding at the end the following new subsection: 

‘‘(e) AUTHORITY FOR KEYBOARD SEARCHES.— ‘‘(1) IN GENERAL.—The Director shall ensure that any person 

who is authorized to access the index described in subsection 

(a) for purposes of including information on DNA identification 

records or DNA analyses in that index may also access that 

index for purposes of carrying out a one-time keyboard search 

on information obtained from any DNA sample lawfully collected for a criminal justice purpose except for a DNA sample 

voluntarily submitted solely for elimination purposes. 

‘‘(2) DEFINITION.—For purposes of paragraph (1), the term 

‘keyboard search’ means a search under which information obtained from a DNA sample is compared with information in 

the index without resulting in the information obtained from 

a DNA sample being included in the index. 

‘‘(3) NO PREEMPTION.—This subsection shall not be construed 

to preempt State law. 

(e) INCREASED PENALTIES FOR MISUSE OF DNA ANALYSES.—(1) 

Section 210305(c)(2) of the DNA Identification Act of 1994 (42 

U.S.C. 14133(c)(2)) is amended by striking ‘‘$100,000’’ and inserting 

8 

‘‘$250,000, or imprisoned for a period of not more than one year, 

or both’’. 

(2) Section 10(c) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135e(c)) is amended by striking ‘‘$100,000’’ and 

inserting ‘‘$250,000, or imprisoned for a period of not more than 

one year, or both’’. 

(f) REPORT TO CONGRESS.—If the Department of Justice plans to 

modify or supplement the core genetic markers needed for compatibility with the CODIS system, it shall notify the Judiciary Committee of the Senate and the Judiciary Committee of the House of 

Representatives in writing not later than 180 days before any 

change is made and explain the reasons for such change. 

SEC. 204. TOLLING OF STATUTE OF LIMITATIONS. 

(a) IN GENERAL.—Chapter 213 of title 18, United States Code, is 

amended by adding at the end the following: 

‘‘§ 3297. Cases involving DNA evidence 

‘‘In a case in which DNA testing implicates an identified person 

in the commission of a felony, except for a felony offense under 

chapter 109A, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution 

until a period of time following the implication of the person by 

DNA testing has elapsed that is equal to the otherwise applicable 

limitation period.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for chapter 213 

of title 18, United States Code, is amended by adding at the end 

the following: 

‘‘3297. Cases involving DNA evidence.’’. 

(c) APPLICATION.—The amendments made by this section shall 

apply to the prosecution of any offense committed before, on, or 

after the date of the enactment of this section if the applicable limitation period has not yet expired. 

SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 

Section 1201 of the Violence Against Women Act of 2000 (42 

U.S.C. 3796gg–6) is amended— 

(1) in subsection (a), by inserting ‘‘dating violence,’’ after ‘‘domestic violence,’’; 

(2) in subsection (b)— 

(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; 

(B) by inserting before paragraph (2), as redesignated by 

subparagraph (A), the following: 

‘‘(1) DATING VIOLENCE.—The term ‘dating violence’ means violence committed by a person who is or has been in a social 

relationship of a romantic or intimate nature with the victim. 

The existence of such a relationship shall be determined based 

on a consideration of— 

‘‘(A) the length of the relationship; 

‘‘(B) the type of relationship; and 

‘‘(C) the frequency of interaction between the persons involved in the relationship.’’; and 

(C) in paragraph (3), as redesignated by subparagraph 

(A), by inserting ‘‘dating violence,’’ after ‘‘domestic violence,’’; 

9 

(3) in subsection (c)— 

(A) in paragraph (1)— 

(i) by inserting ‘‘, dating violence,’’ after ‘‘between 

domestic violence’’; and 

(ii) by inserting ‘‘dating violence,’’ after ‘‘victims of 

domestic violence,’’; 

(B) in paragraph (2), by inserting ‘‘dating violence,’’ after 

‘‘domestic violence,’’; and 

(C) in paragraph (3), by inserting ‘‘dating violence,’’ after 

‘‘domestic violence,’’; 

(4) in subsection (d)— 

(A) in paragraph (1), by inserting ‘‘, dating violence,’’ 

after ‘‘domestic violence’’; 

(B) in paragraph (2), by inserting ‘‘, dating violence,’’ 

after ‘‘domestic violence’’; 

(C) in paragraph (3), by inserting ‘‘, dating violence,’’ 

after ‘‘domestic violence’’; and 

(D) in paragraph (4), by inserting ‘‘dating violence,’’ after 

‘‘domestic violence,’’; 

(5) in subsection (e), by inserting ‘‘dating violence,’’ after ‘‘domestic violence,’’; and 

(6) in subsection (f)(2)(A), by inserting ‘‘dating violence,’’ 

after ‘‘domestic violence,’’. 

SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMINATING DNA BACKLOG. 

Section 2(d)(3) of the DNA Analysis Backlog Elimination Act of 

2000 (42 U.S.C. 14135(d)(3)) is amended to read as follows: 

‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR CERTAIN PUR- POSES.— 

‘‘(A) IN GENERAL.—A grant for the purposes specified in 

paragraph (1), (2), or (5) of subsection (a) may be made in 

the form of a voucher or contract for laboratory services, 

even if the laboratory makes a reasonable profit for the 

services. 

‘‘(B) REDEMPTION.—A voucher or contract under subparagraph (A) may be redeemed at a laboratory operated 

on a nonprofit or for-profit basis, by a private entity that 

satisfies quality assurance standards and has been approved by the Attorney General. 

‘‘(C) PAYMENTS.—The Attorney General may use 

amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B).’’. 

TITLE III—DNA SEXUAL ASSAULT 

JUSTICE ACT OF 2004 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘DNA Sexual Assault Justice Act 

of 2004’’. 

SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH 

FEDERAL STANDARDS. 

Section 210304(b)(2) of the DNA Identification Act of 1994 (42 

U.S.C. 14132(b)(2)) is amended to read as follows: 

‘‘(2) prepared by laboratories that— 

10 

‘‘(A) not later than 2 years after the date of enactment 

of the DNA Sexual Assault Justice Act of 2004, have been 

accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally 

recognized within the forensic science community; and 

‘‘(B) undergo external audits, not less than once every 2 

years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and’’. 

SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, 

CORRECTIONAL PERSONNEL, AND COURT OFFICERS. 

(a) IN GENERAL.—The Attorney General shall make grants to 

provide training, technical assistance, education, and information 

relating to the identification, collection, preservation, analysis, and 

use of DNA samples and DNA evidence by— 

(1) law enforcement personnel, including police officers and 

other first responders, evidence technicians, investigators, and 

others who collect or examine evidence of crime; 

(2) court officers, including State and local prosecutors, defense lawyers, and judges; 

(3) forensic science professionals; and 

(4) corrections personnel, including prison and jail personnel, 

and probation, parole, and other officers involved in supervision. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $12,500,000 for each of fiscal years 2005 through 

2009 to carry out this section. 

SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS. 

(a) IN GENERAL.—The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, 

equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, 

medical examiners, coroners, nurses, victim service providers, and 

other professionals involved in treating victims of sexual assault 

and sexual assault examination programs, including SANE (Sexual 

Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team). 

(b) ELIGIBLE ENTITY.—For purposes of this section, the term ‘‘eligible entity’’ includes— 

(1) States; 

(2) units of local government; and 

(3) sexual assault examination programs, including— 

(A) sexual assault nurse examiner (SANE) programs; 

(B) sexual assault forensic examiner (SAFE) programs; 

(C) sexual assault response team (SART) programs; 

(D) State sexual assault coalitions; 

(E) medical personnel, including doctors, medical examiners, coroners, and nurses, involved in treating victims of 

sexual assault; and 

(F) victim service providers involved in treating victims 

of sexual assault. 

11 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $30,000,000 for each of fiscal years 2005 through 

2009 to carry out this section. 

SEC. 305. DNA RESEARCH AND DEVELOPMENT. 

(a) IMPROVING DNA TECHNOLOGY.—The Attorney General shall 

make grants for research and development to improve forensic 

DNA technology, including increasing the identification accuracy 

and efficiency of DNA analysis, decreasing time and expense, and 

increasing portability. 

(b) DEMONSTRATION PROJECTS.—The Attorney General shall 

make grants to appropriate entities under which research is carried out through demonstration projects involving coordinated 

training and commitment of resources to law enforcement agencies 

and key criminal justice participants to demonstrate and evaluate 

the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement 

operations, and cost-effectiveness of increased collection and use of 

DNA evidence. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $15,000,000 for each of fiscal years 2005 through 

2009 to carry out this section. 

SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION. 

(a) APPOINTMENT.—The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as 

the ‘‘Commission’’), composed of persons experienced in criminal 

justice issues, including persons from the forensic science and 

criminal justice communities, to carry out the responsibilities 

under subsection (b). 

(b) RESPONSIBILITIES.—The Commission shall— 

(1) assess the present and future resource needs of the forensic science community; 

(2) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve 

crimes and protect the public; 

(3) identify potential scientific advances that may assist law 

enforcement in using forensic technologies and techniques to 

protect the public; 

(4) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories; 

(5) disseminate, through the National Institute of Justice, 

best practices concerning the collection and analyses of forensic 

evidence to help ensure quality and consistency in the use of 

forensic technologies and techniques to solve crimes and protect the public; 

(6) examine additional issues pertaining to forensic science 

as requested by the Attorney General; 

(7) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, 

stored DNA samples or DNA analyses, to determine whether 

such protections are sufficient; 

12 

(8) make specific recommendations to the Attorney General, 

as necessary, to enhance the protections described in paragraph (7) to ensure— 

(A) the appropriate use and dissemination of DNA information; 

(B) the accuracy, security, and confidentiality of DNA information; 

(C) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and 

(D) that any other necessary measures are taken to protect privacy; and 

(9) provide a forum for the exchange and dissemination of 

ideas and information in furtherance of the objectives described in paragraphs (1) through (8). 

(c) PERSONNEL; PROCEDURES.—The Attorney General shall— 

(1) designate the Chair of the Commission from among its 

members; 

(2) designate any necessary staff to assist in carrying out the 

functions of the Commission; and 

(3) establish procedures and guidelines for the operations of 

the Commission. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $500,000 for each of fiscal years 2005 through 

2009 to carry out this section. 

SEC. 307. FBI DNA PROGRAMS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Federal Bureau of Investigation $42,100,000 

for each of fiscal years 2005 through 2009 to carry out the DNA 

programs and activities described under subsection (b). 

(b) PROGRAMS AND ACTIVITIES.—The Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection 

(a) for— 

(1) nuclear DNA analysis; 

(2) mitochondrial DNA analysis; 

(3) regional mitochondrial DNA laboratories; 

(4) the Combined DNA Index System; 

(5) the Federal Convicted Offender DNA Program; and 

(6) DNA research and development. 

SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS. 

(a) IN GENERAL.—The Attorney General shall make grants to 

promote the use of forensic DNA technology to identify missing persons and unidentified human remains. 

(b) REQUIREMENT.—Each State or unit of local government that 

receives funding under this section shall be required to submit the 

DNA profiles of such missing persons and unidentified human remains to the National Missing Persons DNA Database of the Federal Bureau of Investigation. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $2,000,000 for each of fiscal years 2005 through 

2009 to carry out this section. 

SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OR USE OF DNA INFORMATION. 

Section 10(c) of the DNA Analysis Backlog Elimination Act of 

2000 (42 U.S.C. 14135e(c)) is amended to read as follows: 

13 

‘‘(c) CRIMINAL PENALTY.—A person who knowingly discloses a 

sample or result described in subsection (a) in any manner to any 

person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than 

$250,000, or imprisoned for a period of not more than one year. 

Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.’’. 

SEC. 310. TRIBAL COALITION GRANTS. 

(a) IN GENERAL.—Section 2001 of title I of the Omnibus Crime 

Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by adding at the end the following: 

‘‘(d) TRIBAL COALITION GRANTS.— 

‘‘(1) PURPOSE.—The Attorney General shall award grants to 

tribal domestic violence and sexual assault coalitions for purposes of— 

‘‘(A) increasing awareness of domestic violence and sexual assault against American Indian and Alaska Native 

women; 

‘‘(B) enhancing the response to violence against American Indian and Alaska Native women at the tribal, Federal, and State levels; and 

‘‘(C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to American Indian women victimized by domestic and sexual violence. 

‘‘(2) GRANTS TO TRIBAL COALITIONS.—The Attorney General 

shall award grants under paragraph (1) to— 

‘‘(A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault 

against American Indian and Alaska Native women; and 

‘‘(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to 

address domestic violence and sexual assault against 

American Indian and Alaska Native women. 

‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt of an award 

under this subsection by tribal domestic violence and sexual 

assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes 

described in subsection (b).’’. 

(b) TECHNICAL AMENDMENT.—Effective as of November 2, 2002, 

and as if included therein as enacted, Public Law 107–273 (116 

Stat. 1789) is amended in section 402(2) by striking ‘‘sections 2006 

through 2011’’ and inserting ‘‘sections 2007 through 2011’’. 

(c) AMOUNTS.—Section 2007 of the Omnibus Crime Control and 

Safe Streets Act of 1968 (as redesignated by section 402(2) of Public Law 107–273, as amended by subsection (b)) is amended by 

amending subsection (b)(4) (42 U.S.C. 3796gg–1(b)(4)) to read as 

follows: 

‘‘(4) 1⁄54 shall be available for grants under section 2001(d);’’. 

SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM. 

(a) FORENSIC BACKLOG ELIMINATION GRANTS.—Section 2804 of 

the Omnibus Crime Control and Safe Streets Act of 1968 (42 

U.S.C. 3797m) is amended— 

14 

(1) in subsection (a)— 

(A) by striking ‘‘shall use the grant to carry out’’ and inserting ‘‘shall use the grant to do any one or more of the 

following: 

‘‘(1) To carry out’’; and 

(B) by adding at the end the following: 

‘‘(2) To eliminate a backlog in the analysis of forensic science 

evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable 

documents, and trace evidence. 

‘‘(3) To train, assist, and employ forensic laboratory personnel, as needed, to eliminate such a backlog.’’; 

(2) in subsection (b), by striking ‘‘under this part’’ and inserting ‘‘for the purpose set forth in subsection (a)(1)’’; and 

(3) by adding at the end the following: 

‘‘(e) BACKLOG DEFINED.—For purposes of this section, a backlog 

in the analysis of forensic science evidence exists if such evidence— 

‘‘(1) has been stored in a laboratory, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility; and 

‘‘(2) has not been subjected to all appropriate forensic testing 

because of a lack of resources or personnel.’’. 

(b) EXTERNAL AUDITS.—Section 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended— 

(1) in paragraph (2), by striking ‘‘and’’ at the end; 

(2) in paragraph (3), by striking the period at the end and 

inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) a certification that a government entity exists and an 

appropriate process is in place to conduct independent external 

investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic 

laboratory system, medical examiner’s office, coroner’s office, 

law enforcement storage facility, or medical facility in the 

State that will receive a portion of the grant amount.’’. 

(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS.—Section 1001(a)(24) of the Omnibus Crime Control and 

Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended— 

(1) in subparagraph (E), by striking ‘‘and’’ at the end; 

(2) in subparagraph (F), by striking the period at the end 

and inserting a semicolon; and 

(3) by adding at the end the following: 

‘‘(G) $20,000,000 for fiscal year 2007; 

‘‘(H) $20,000,000 for fiscal year 2008; and 

‘‘(I) $20,000,000 for fiscal year 2009.’’. 

(d) TECHNICAL AMENDMENT.—Section 1001(a) of such Act, as 

amended by subsection (c), is further amended by realigning paragraphs (24) and (25) so as to be flush with the left margin. 

SEC. 312. REPORT TO CONGRESS. 

(a) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a 

report on the implementation of this title and the amendments 

made by this title. 

15 

(b) CONTENTS.—The report submitted under subsection (a) shall 

include a description of— 

(1) the progress made by Federal, State, and local entities 

in— 

(A) collecting and entering DNA samples from offenders 

convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection as 

‘‘CODIS’’); 

(B) analyzing samples from crime scenes, including evidence collected from sexual assaults and other serious violent crimes, and entering such DNA analyses in CODIS; 

and 

(C) increasing the capacity of forensic laboratories to 

conduct DNA analyses; 

(2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the 

purposes of this title are carried out; 

(3) the distribution of grant amounts under this title among 

eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie 

Smith DNA Backlog Grant Program; 

(4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical personnel, victim service providers, and other personnel authorized under sections 303 and 304; 

(5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to 

improve forensic DNA technology, and implement demonstration projects under section 305; 

(6) the steps taken to establish the National Forensic Science 

Commission, and the activities of the Commission under section 306; 

(7) the use of funds by the Federal Bureau of Investigation 

under section 307; 

(8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to identify 

missing persons and unidentified human remains under section 308; 

(9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under the amendments made by section 202; 

(10) State compliance with the requirements set forth in section 313; and 

(11) any other matters considered relevant by the Attorney 

General. 

TITLE IV—INNOCENCE PROTECTION 

ACT OF 2004 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Innocence Protection Act of 2004’’. 

16 

Subtitle A—Exonerating the Innocent 

Through DNA Testing 

SEC. 411. FEDERAL POST-CONVICTION DNA TESTING. 

(a) FEDERAL CRIMINAL PROCEDURE.— (1) IN GENERAL.—Part II of title 18, United States Code, is 

amended by inserting after chapter 228 the following: 

‘‘CHAPTER 228A—POST-CONVICTION DNA TESTING 

‘‘Sec. 

‘‘3600. DNA testing. 

‘‘3600A. Preservation of biological evidence. 

‘‘§ 3600. DNA testing 

‘‘(a) IN GENERAL.—Upon a written motion by an individual under 

a sentence of imprisonment or death pursuant to a conviction for 

a Federal offense (referred to in this section as the ‘applicant’), the 

court that entered the judgment of conviction shall order DNA testing of specific evidence if the court finds that all of the following 

apply: 

‘‘(1) The applicant asserts, under penalty of perjury, that the 

applicant is actually innocent of— 

‘‘(A) the Federal offense for which the applicant is under 

a sentence of imprisonment or death; or 

‘‘(B) another Federal or State offense, if— 

‘‘(i) evidence of such offense was admitted during a 

Federal death sentencing hearing and exoneration of 

such offense would entitle the applicant to a reduced 

sentence or new sentencing hearing; and 

‘‘(ii) in the case of a State offense— 

‘‘(I) the applicant demonstrates that there is no 

adequate remedy under State law to permit DNA 

testing of the specified evidence relating to the 

State offense; and 

‘‘(II) to the extent available, the applicant has 

exhausted all remedies available under State law 

for requesting DNA testing of specified evidence 

relating to the State offense. 

‘‘(2) The specific evidence to be tested was secured in relation 

to the investigation or prosecution of the Federal or State offense referenced in the applicant’s assertion under paragraph 

(1). 

‘‘(3) The specific evidence to be tested— 

‘‘(A) was not previously subjected to DNA testing and 

the applicant did not— 

‘‘(i) knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence 

Protection Act of 2004; or 

‘‘(ii) knowingly fail to request DNA testing of that 

evidence in a prior motion for postconviction DNA 

testing; or 

‘‘(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or 

17 

technology that is substantially more probative than the 

prior DNA testing. 

‘‘(4) The specific evidence to be tested is in the possession of 

the Government and has been subject to a chain of custody and 

retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, 

replaced, or altered in any respect material to the proposed 

DNA testing. 

‘‘(5) The proposed DNA testing is reasonable in scope, uses 

scientifically sound methods, and is consistent with accepted 

forensic practices. 

‘‘(6) The applicant identifies a theory of defense that— 

‘‘(A) is not inconsistent with an affirmative defense presented at trial; and 

‘‘(B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant’s assertion under paragraph (1). 

‘‘(7) If the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial. 

‘‘(8) The proposed DNA testing of the specific evidence may 

produce new material evidence that would— 

‘‘(A) support the theory of defense referenced in paragraph (6); and 

‘‘(B) raise a reasonable probability that the applicant did 

not commit the offense. 

‘‘(9) The applicant certifies that the applicant will provide a 

DNA sample for purposes of comparison. 

‘‘(10) The motion is made in a timely fashion, subject to the 

following conditions: 

‘‘(A) There shall be a rebuttable presumption of timeliness if the motion is made within 60 months of enactment 

of the Justice For All Act of 2004 or within 36 months of 

conviction, whichever comes later. Such presumption may 

be rebutted upon a showing— 

‘‘(i) that the applicant’s motion for a DNA test is 

based solely upon information used in a previously denied motion; or 

‘‘(ii) of clear and convincing evidence that applicant’s 

filing is done solely to cause delay or harass. 

‘‘(B) There shall be a rebuttable presumption against 

timeliness for any motion not satisfying subparagraph (A) 

above. Such presumption may be rebutted upon the court’s 

finding— 

‘‘(i) that the applicant was or is incompetent and 

such incompetence substantially contributed to the 

delay in the applicant’s motion for a DNA test; 

‘‘(ii) the evidence to be tested is newly discovered 

DNA evidence; 

‘‘(iii) that applicant’s motion is not based solely upon 

the applicant’s own assertion of innocence and, after 

considering all relevant facts and circumstances surrounding the motion, a denial would result in a manifest injustice; or 

‘‘(iv) upon good cause shown. 

‘‘(C) For purposes of this paragraph— 

18 

‘‘(i) the term ‘incompetence’ has the meaning as defined in section 4241 of title 18, United States Code; 

‘‘(ii) the term ‘manifest’ means that which is unmistakable, clear, plain, or indisputable and requires that 

the opposite conclusion be clearly evident. 

‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION ORDER; AP- POINTMENT OF COUNSEL.— ‘‘(1) NOTICE.—Upon the receipt of a motion filed under subsection (a), the court shall— 

‘‘(A) notify the Government; and 

‘‘(B) allow the Government a reasonable time period to 

respond to the motion. 

‘‘(2) PRESERVATION ORDER.—To the extent necessary to carry 

out proceedings under this section, the court shall direct the 

Government to preserve the specific evidence relating to a motion under subsection (a). 

‘‘(3) APPOINTMENT OF COUNSEL.—The court may appoint 

counsel for an indigent applicant under this section in the 

same manner as in a proceeding under section 3006A(a)(2)(B). 

‘‘(c) TESTING PROCEDURES.— 

‘‘(1) IN GENERAL.—The court shall direct that any DNA testing ordered under this section be carried out by the Federal 

Bureau of Investigation. 

‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the court 

may order DNA testing by another qualified laboratory if the 

court makes all necessary orders to ensure the integrity of the 

specific evidence and the reliability of the testing process and 

test results. 

‘‘(3) COSTS.—The costs of any DNA testing ordered under 

this section shall be paid— 

‘‘(A) by the applicant; or 

‘‘(B) in the case of an applicant who is indigent, by the 

Government. 

‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any case in which 

the applicant is sentenced to death— 

‘‘(1) any DNA testing ordered under this section shall be 

completed not later than 60 days after the date on which the 

Government responds to the motion filed under subsection (a); 

and 

‘‘(2) not later than 120 days after the date on which the DNA 

testing ordered under this section is completed, the court shall 

order any post-testing procedures under subsection (f) or (g), as 

appropriate. 

‘‘(e) REPORTING OF TEST RESULTS.— 

‘‘(1) IN GENERAL.—The results of any DNA testing ordered 

under this section shall be simultaneously disclosed to the 

court, the applicant, and the Government. 

‘‘(2) NDIS.—The Government shall submit any test results 

relating to the DNA of the applicant to the National DNA 

Index System (referred to in this subsection as ‘NDIS’). 

‘‘(3) RETENTION OF DNA SAMPLE.— ‘‘(A) ENTRY INTO NDIS.—If the DNA test results obtained 

under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample 

of the applicant may be retained in NDIS. 

19 

‘‘(B) MATCH WITH OTHER OFFENSE.—If the DNA test results obtained under this section exclude the applicant as 

the source of the DNA evidence, and a comparison of the 

DNA sample of the applicant results in a match between 

the DNA sample of the applicant and another offense, the 

Attorney General shall notify the appropriate agency and 

preserve the DNA sample of the applicant. 

‘‘(C) NO MATCH.—If the DNA test results obtained under 

this section exclude the applicant as the source of the DNA 

evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in NDIS if there 

is no other legal authority to retain the DNA sample of the 

applicant in NDIS. 

‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE AND INCULPATORY

RESULTS.— ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test results obtained 

under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief. 

‘‘(2) INCULPATORY RESULTS.—If DNA test results obtained 

under this section show that the applicant was the source of 

the DNA evidence, the court shall— 

‘‘(A) deny the applicant relief; and 

‘‘(B) on motion of the Government— 

‘‘(i) make a determination whether the applicant’s 

assertion of actual innocence was false, and, if the 

court makes such a finding, the court may hold the applicant in contempt; 

‘‘(ii) assess against the applicant the cost of any 

DNA testing carried out under this section; 

‘‘(iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, 

may deny, wholly or in part, the good conduct credit 

authorized under section 3632 on the basis of that 

finding; 

‘‘(iv) if the applicant is subject to the jurisdiction of 

the United States Parole Commission, forward the 

finding to the Commission so that the Commission 

may deny parole on the basis of that finding; and 

‘‘(v) if the DNA test results relate to a State offense, 

forward the finding to any appropriate State official. 

‘‘(3) SENTENCE.—In any prosecution of an applicant under 

chapter 79 for false assertions or other conduct in proceedings 

under this section, the court, upon conviction of the applicant, 

shall sentence the applicant to a term of imprisonment of not 

less than 3 years, which shall run consecutively to any other 

term of imprisonment the applicant is serving. 

‘‘(g) POST-TESTING PROCEDURES; MOTION FOR NEW TRIAL OR RE- SENTENCING.— ‘‘(1) IN GENERAL.—Notwithstanding any law that would bar 

a motion under this paragraph as untimely, if DNA test results 

obtained under this section exclude the applicant as the source 

of the DNA evidence, the applicant may file a motion for a new 

20 

trial or resentencing, as appropriate. The court shall establish 

a reasonable schedule for the applicant to file such a motion 

and for the Government to respond to the motion. 

‘‘(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL OR RESENTENCING.—The court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA 

test results, when considered with all other evidence in the 

case (regardless of whether such evidence was introduced at 

trial), establish by compelling evidence that a new trial would 

result in an acquittal of— 

‘‘(A) in the case of a motion for a new trial, the Federal 

offense for which the applicant is under a sentence of imprisonment or death; and 

‘‘(B) in the case of a motion for resentencing, another 

Federal or State offense, if evidence of such offense was 

admitted during a Federal death sentencing hearing and 

exoneration of such offense would entitle the applicant to 

a reduced sentence or a new sentencing proceeding. 

‘‘(h) OTHER LAWS UNAFFECTED.— 

‘‘(1) POST-CONVICTION RELIEF.—Nothing in this section shall 

affect the circumstances under which a person may obtain 

DNA testing or post-conviction relief under any other law. 

‘‘(2) HABEAS CORPUS.—Nothing in this section shall provide 

a basis for relief in any Federal habeas corpus proceeding. 

‘‘(3) NOT A MOTION UNDER SECTION 2255.—A motion under 

this section shall not be considered to be a motion under section 2255 for purposes of determining whether the motion or 

any other motion is a second or successive motion under section 2255. 

‘‘§ 3600A. Preservation of biological evidence 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

the Government shall preserve biological evidence that was secured 

in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense. 

‘‘(b) DEFINED TERM.—For purposes of this section, the term ‘biological evidence’ means— 

‘‘(1) a sexual assault forensic examination kit; or 

‘‘(2) semen, blood, saliva, hair, skin tissue, or other identified 

biological material. 

‘‘(c) APPLICABILITY.—Subsection (a) shall not apply if— 

‘‘(1) a court has denied a request or motion for DNA testing 

of the biological evidence by the defendant under section 3600, 

and no appeal is pending; 

‘‘(2) the defendant knowingly and voluntarily waived the 

right to request DNA testing of the biological evidence in a 

court proceeding conducted after the date of enactment of the 

Innocence Protection Act of 2004; 

‘‘(3) after a conviction becomes final and the defendant has 

exhausted all opportunities for direct review of the conviction, 

the defendant is notified that the biological evidence may be 

destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; 

21 

‘‘(4)(A) the evidence must be returned to its rightful owner, 

or is of such a size, bulk, or physical character as to render retention impracticable; and 

‘‘(B) the Government takes reasonable measures to remove 

and preserve portions of the material evidence sufficient to permit future DNA testing; or 

‘‘(5) the biological evidence has already been subjected to 

DNA testing under section 3600 and the results included the 

defendant as the source of such evidence. 

‘‘(d) OTHER PRESERVATION REQUIREMENT.—Nothing in this section shall preempt or supersede any statute, regulation, court 

order, or other provision of law that may require evidence, including biological evidence, to be preserved. 

‘‘(e) REGULATIONS.—Not later than 180 days after the date of enactment of the Innocence Protection Act of 2004, the Attorney General shall promulgate regulations to implement and enforce this 

section, including appropriate disciplinary sanctions to ensure that 

employees comply with such regulations. 

‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and intentionally 

destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent 

that evidence from being subjected to DNA testing or prevent the 

production or use of that evidence in an official proceeding, shall 

be fined under this title, imprisoned for not more than 5 years, or 

both. 

‘‘(g) HABEAS CORPUS.—Nothing in this section shall provide a 

basis for relief in any Federal habeas corpus proceeding.’’. 

(2) CLERICAL AMENDMENT.—The chapter analysis for part II 

of title 18, United States Code, is amended by inserting after 

the item relating to chapter 228 the following: 

‘‘228A. Post-conviction DNA testing ............................................................... 3600’’. 

(b) SYSTEM FOR REPORTING MOTIONS.— 

(1) ESTABLISHMENT.—The Attorney General shall establish a 

system for reporting and tracking motions filed in accordance 

with section 3600 of title 18, United States Code. 

(2) OPERATION.—In operating the system established under 

paragraph (1), the Federal courts shall provide to the Attorney 

General any requested assistance in operating such a system 

and in ensuring the accuracy and completeness of information 

included in that system. 

(3) REPORT.—Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report 

to Congress that contains— 

(A) a list of motions filed under section 3600 of title 18, 

United States Code, as added by this title; 

(B) whether DNA testing was ordered pursuant to such 

a motion; 

(C) whether the applicant obtained relief on the basis of 

DNA test results; and 

(D) whether further proceedings occurred following a 

granting of relief and the outcome of such proceedings. 

(4) ADDITIONAL INFORMATION.—The report required to be 

submitted under paragraph (3) may include any other information the Attorney General determines to be relevant in assessVerDate Aug 04 2004 04:54 Oct 07, 2004 Jkt 039008 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR737.XXX HR737
22 

ing the operation, utility, or costs of section 3600 of title 18, 

United States Code, as added by this title, and any recommendations the Attorney General may have relating to future legislative action concerning that section. 

(c) EFFECTIVE DATE; APPLICABILITY.—This section and the 

amendments made by this section shall take effect on the date of 

enactment of this Act and shall apply with respect to any offense 

committed, and to any judgment of conviction entered, before, on, 

or after that date of enactment. 

SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING 

GRANT PROGRAM. 

(a) IN GENERAL.—The Attorney General shall establish the Kirk 

Bloodsworth Post-Conviction DNA Testing Grant Program to 

award grants to States to help defray the costs of post-conviction 

DNA testing. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated $5,000,000 for each of fiscal years 2005 through 

2009 to carry out this section. 

(c) STATE DEFINED.—For purposes of this section, the term 

‘‘State’’ means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. 

SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION 

OF CLAIMS OF ACTUAL INNOCENCE. 

For each of fiscal years 2005 through 2009, all funds appropriated to carry out sections 303, 305, 308, and 412 shall be reserved for grants to eligible entities that— 

(1) meet the requirements under section 303, 305, 308, or 

412, as appropriate; and 

(2) demonstrate that the State in which the eligible entity 

operates— 

(A) provides post-conviction DNA testing of specified evidence— 

(i) under a State statute enacted before the date of 

enactment of this Act (or extended or renewed after 

such date), to persons convicted after trial and under 

a sentence of imprisonment or death for a State felony 

offense, in a manner that ensures a reasonable process 

for resolving claims of actual innocence; or 

(ii) under a State statute enacted after the date of 

enactment of this Act, or under a State rule, regulation, or practice, to persons under a sentence of imprisonment or death for a State felony offense, in a 

manner comparable to section 3600(a) of title 18, 

United States Code (provided that the State statute, 

rule, regulation, or practice may make post-conviction 

DNA testing available in cases in which such testing 

is not required by such section), and if the results of 

such testing exclude the applicant, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise 

bar such application as untimely; and 

(B) preserves biological evidence secured in relation to 

the investigation or prosecution of a State offense— 

23 

(i) under a State statute or a State or local rule, regulation, or practice, enacted or adopted before the date 

of enactment of this Act (or extended or renewed after 

such date), in a manner that ensures that reasonable 

measures are taken by all jurisdictions within the 

State to preserve such evidence; or 

(ii) under a State statute or a State or local rule, 

regulation, or practice, enacted or adopted after the 

date of enactment of this Act, in a manner comparable 

to section 3600A of title 18, United States Code, if— 

(I) all jurisdictions within the State 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. 

Subtitle B—Improving the Quality of 

Representation in State Capital Cases 

SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS. 

(a) IN GENERAL.—The Attorney General shall award grants to 

States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases. 

(b) DEFINED TERM.—In this section, the term ‘‘legal representation’’ means legal counsel and investigative, expert, and other services necessary for competent representation. 

(c) USE OF FUNDS.—Grants awarded under subsection (a)— 

(1) shall be used to establish, implement, or improve an effective system for providing competent legal representation 

to— 

(A) indigents charged with an offense subject to capital 

punishment; 

(B) indigents who have been sentenced to death and who 

seek appellate or collateral relief in State court; and 

(C) indigents who have been sentenced to death and who 

seek review in the Supreme Court of the United States; 

and 

(2) shall not be used to fund, directly or indirectly, representation in specific capital cases. 

(d) APPORTIONMENT OF FUNDS.— 

(1) IN GENERAL.—Of the funds awarded under subsection 

(a)— 

(A) not less than 75 percent shall be used to carry out 

the purpose described in subsection (c)(1)(A); and 

(B) not more than 25 percent shall be used to carry out 

the purpose described in subsection (c)(1)(B). 

(2) WAIVER.—The Attorney General may waive the requirement under this subsection for good cause shown. 

(e) EFFECTIVE SYSTEM.—As used in subsection (c)(1), an effective 

system for providing competent legal representation is a system 

that— 

(1) invests the responsibility for appointing qualified attorneys to represent indigents in capital cases— 

24 

(A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide 

representation in capital cases; 

(B) in an entity established by statute or by the highest 

State court with jurisdiction in criminal cases, which is 

composed of individuals with demonstrated knowledge and 

expertise in capital representation; or 

(C) pursuant to a statutory procedure enacted before the 

date of the enactment of this Act under which the trial 

judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection committee 

or similar entity; and 

(2) requires the program described in paragraph (1)(A), the 

entity described in paragraph (1)(B), or an appropriate entity 

designated pursuant to the statutory procedure described in 

paragraph (1)(C), as applicable, to— 

(A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases; 

(B) establish and maintain a roster of qualified attorneys; 

(C) except in the case of a selection committee or similar 

entity described in paragraph (1)(C), assign 2 attorneys 

from the roster to represent an indigent in a capital case, 

or provide the trial judge a list of not more than 2 pairs 

of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects 

not to seek the death penalty, a court may find, subject to 

any requirement of State law, that a second attorney need 

not remain assigned to represent the indigent to ensure 

competent representation; 

(D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital 

cases; 

(E)(i) monitor the performance of attorneys who are appointed and their attendance at training programs; and 

‘‘(ii) remove from the roster attorneys who— 

‘‘(I) fail to deliver effective representation or engage 

in unethical conduct; 

‘‘(II) fail to comply with such requirements as such 

program, entity, or selection committee or similar entity may establish regarding participation in training 

programs; or 

‘‘(III) during the past 5 years, have been sanctioned 

by a bar association or court for ethical misconduct relating to the attorney’s conduct as defense counsel in 

a criminal case in Federal or State court; and 

(F) ensure funding for the cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated— 

(i) in the case of a State that employs a statutory 

procedure described in paragraph (1)(C), in accordance 

with the requirements of that statutory procedure; and 

(ii) in all other cases, as follows: 

(I) Attorneys employed by a public defender program shall be compensated according to a salary 

25 

scale that is commensurate with the salary scale 

of the prosecutor’s office in the jurisdiction. 

(II) Appointed attorneys shall be compensated 

for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light 

of the qualifications and experience of the attorney and the local market for legal representation 

in cases reflecting the complexity and responsibility of capital cases. 

(III) Non-attorney members of the defense team, 

including investigators, mitigation specialists, and 

experts, shall be compensated at a rate that reflects the specialized skills needed by those who 

assist counsel with the litigation of death penalty 

cases. 

(IV) Attorney and non-attorney members of the 

defense team shall be reimbursed for reasonable 

incidental expenses. 

SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 

(a) IN GENERAL.—The Attorney General shall award grants to 

States for the purpose of enhancing the ability of prosecutors to effectively represent the public in State capital cases. 

(b) USE OF FUNDS.— 

(1) PERMITTED USES.—Grants awarded under subsection (a) 

shall be used for one or more of the following: 

(A) To design and implement training programs for 

State and local prosecutors to ensure effective representation in State capital cases. 

(B) To develop and implement appropriate standards 

and qualifications for State and local prosecutors who litigate State capital cases. 

(C) To assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in 

the trial of any specific capital case. 

(D) To identify and implement any potential legal reforms that may be appropriate to minimize the potential 

for error in the trial of capital cases. 

(E) To establish a program under which State and local 

prosecutors conduct a systematic review of cases in which 

a death sentence was imposed in order to identify cases in 

which post-conviction DNA testing may be appropriate. 

(F) To provide support and assistance to the families of 

murder victims. 

(2) PROHIBITED USE.—Grants awarded under subsection (a) 

shall not be used to fund, directly or indirectly, the prosecution 

of specific capital cases. 

SEC. 423. APPLICATIONS. 

(a) IN GENERAL.—The Attorney General shall establish a process 

through which a State may apply for a grant under this subtitle. 

(b) APPLICATION.— 

(1) IN GENERAL.—A State desiring a grant under this subtitle 

shall submit an application to the Attorney General at such 

26 

time, in such manner, and containing such information as the 

Attorney General may reasonably require. 

(2) CONTENTS.—Each application submitted under paragraph 

(1) shall contain— 

(A) a certification by an appropriate officer of the State 

that the State authorizes capital punishment under its 

laws and conducts, or will conduct, prosecutions in which 

capital punishment is sought; 

(B) a description of the communities to be served by the 

grant, including the nature of existing capital defender 

services and capital prosecution programs within such 

communities; 

(C) a long-term statewide strategy and detailed implementation plan that— 

(i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender 

organizations; and 

(ii) establishes as a priority improvement in the 

quality of trial-level representation of indigents 

charged with capital crimes and trial-level prosecution 

of capital crimes; 

(D) in the case of a State that employs a statutory procedure described in section 421(e)(1)(C), a certification by an 

appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and 

(E) assurances that Federal funds received under this 

subtitle shall be— 

(i) used to supplement and not supplant non-Federal 

funds that would otherwise be available for activities 

funded under this subtitle; and 

(ii) allocated in accordance with section 426(b). 

SEC. 424. STATE REPORTS. 

(a) IN GENERAL.—Each State receiving funds under this subtitle 

shall submit an annual report to the Attorney General that— 

(1) identifies the activities carried out with such funds; and 

(2) explains how each activity complies with the terms and 

conditions of the grant. 

(b) CAPITAL REPRESENTATION IMPROVEMENT GRANTS.—With respect to the funds provided under section 421, a report under subsection (a) shall include— 

(1) an accounting of all amounts expended; 

(2) an explanation of the means by which the State— 

(A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital 

cases in a program described in section 421(e)(1)(A), an entity described in section 421(e)(1)(B), or a selection committee or similar entity described in section 421(e)(1)(C); 

and 

(B) requires such program, entity, or selection committee 

or similar entity, or other appropriate entity designated 

pursuant to the statutory procedure described in section 

421(e)(1)(C), to— 

27 

(i) establish qualifications for attorneys who may be 

appointed to represent indigents in capital cases in accordance with section 421(e)(2)(A); 

(ii) establish and maintain a roster of qualified attorneys in accordance with section 421(e)(2)(B); 

(iii) assign attorneys from the roster in accordance 

with section 421(e)(2)(C); 

(iv) conduct, sponsor, or approve specialized training 

programs for attorneys representing defendants in 

capital cases in accordance with section 421(e)(2)(D); 

(v) monitor the performance and training program 

attendance of appointed attorneys, and remove from 

the roster attorneys who fail to deliver effective representation or fail to comply with such requirements 

as such program, entity, or selection committee or 

similar entity may establish regarding participation in 

training programs, in accordance with section 

421(e)(2)(E); and 

(vi) ensure funding for the cost of competent legal 

representation by the defense team and outside experts selected by counsel, in accordance with section 

421(e)(2)(F), including a statement setting forth— 

(I) if the State employs a public defender program under section 421(e)(1)(A), the salaries received by the attorneys employed by such program 

and the salaries received by attorneys in the prosecutor’s office in the jurisdiction; 

(II) if the State employs appointed attorneys 

under section 421(e)(1)(B), the hourly fees received 

by such attorneys for actual time and service and 

the basis on which the hourly rate was calculated; 

(III) the amounts paid to non-attorney members 

of the defense team, and the basis on which such 

amounts were determined; and 

(IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses; 

(3) in the case of a State that employs a statutory procedure 

described in section 421(e)(1)(C), an assessment of the extent 

to which the State is in compliance with the requirements of 

the applicable State statute; and 

(4) a statement confirming that the funds have not been 

used to fund representation in specific capital cases or to supplant non-Federal funds. 

(c) CAPITAL PROSECUTION IMPROVEMENT GRANTS.—With respect 

to the funds provided under section 422, a report under subsection 

(a) shall include— 

(1) an accounting of all amounts expended; 

(2) a description of the means by which the State has— 

(A) designed and established training programs for State 

and local prosecutors to ensure effective representation in 

State capital cases in accordance with section 422(b)(1)(A); 

(B) developed and implemented appropriate standards 

and qualifications for State and local prosecutors who litiVerDate Aug 04 2004 04:54 Oct 07, 2004 Jkt 039008 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR737.XXX HR737
28 

gate State capital cases in accordance with section 

422(b)(1)(B); 

(C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with 

section 422(b)(1)(C); 

(D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential 

for error in the trial of capital cases in accordance with 

section 422(b)(1)(D); 

(E) established a program under which State and local 

prosecutors conduct a systematic review of cases in which 

a death sentence was imposed in order to identify cases in 

which post-conviction DNA testing may be appropriate in 

accordance with section 422(b)(1)(E); and 

(F) provided support and assistance to the families of 

murder victims; and 

(3) a statement confirming that the funds have not been 

used to fund the prosecution of specific capital cases or to supplant non-Federal funds. 

(d) PUBLIC DISCLOSURE OF ANNUAL STATE REPORTS.—The annual 

reports to the Attorney General submitted by any State under this 

section shall be made available to the public. 

SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRATIVE REMEDIES. 

(a) EVALUATION BY INSPECTOR GENERAL.— (1) IN GENERAL.—As soon as practicable after the end of the 

first fiscal year for which a State receives funds under a grant 

made under this subtitle, the Inspector General of the Department of Justice (in this section referred to as the ‘‘Inspector 

General’’) shall— 

(A) submit to the Committee on the Judiciary of the 

House of Representatives and the Committee on the Judiciary of the Senate a report evaluating the compliance by 

the State with the terms and conditions of the grant; and 

(B) if the Inspector General concludes that the State is 

not in compliance with the terms and conditions of the 

grant, specify any deficiencies and make recommendations 

to the Attorney General for corrective action. 

(2) PRIORITY.—In conducting evaluations under this subsection, the Inspector General shall give priority to States that 

the Inspector General determines, based on information submitted by the State and other comments provided by any other 

person, to be at the highest risk of noncompliance. 

(3) DETERMINATION FOR STATUTORY PROCEDURE STATES.—For 

each State that employs a statutory procedure described in section 421(e)(1)(C), the Inspector General shall submit to the 

Committee on the Judiciary of the House of Representatives 

and the Committee on the Judiciary of the Senate, not later 

than the end of the first fiscal year for which such State receives funds, a determination as to whether the State is in substantial compliance with the requirements of the applicable 

State statute. 

(4) COMMENTS FROM PUBLIC.—The Inspector General shall 

receive and consider comments from any member of the public 

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29 

tions of a grant made under this subtitle. To facilitate the receipt of such comments, the Inspector General shall maintain 

on its website a form that any member of the public may submit, either electronically or otherwise, providing comments. 

The Inspector General shall give appropriate consideration to 

all such public comments in reviewing reports submitted under 

section 424 or in establishing the priority for conducting evaluations under this section. 

(b) ADMINISTRATIVE REVIEW.— (1) COMMENT.—Upon the submission of a report under subsection (a)(1) or a determination under subsection (a)(3), the 

Attorney General shall provide the State with an opportunity 

to comment regarding the findings and conclusions of the report or the determination. 

(2) CORRECTIVE ACTION PLAN.—If the Attorney General, after 

reviewing a report under subsection (a)(1) or a determination 

under subsection (a)(3), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does 

not agree to a plan for corrective action that has been approved 

by the Attorney General within 90 days after the submission 

of the report under subsection (a)(1) or the determination 

under subsection (a)(3), the Attorney General shall, within 30 

days, issue guidance to the State regarding corrective action to 

bring the State into compliance. 

(3) REPORT TO CONGRESS.—Not later than 90 days after the 

earlier of the implementation of a corrective action plan or the 

issuance of guidance under paragraph (2), the Attorney General shall submit a report to the Committee on the Judiciary 

of the House of Representatives and the Committee on the Judiciary of the Senate as to whether the State has taken corrective action and is in compliance with the terms and conditions 

of the grant. 

(c) PENALTIES FOR NONCOMPLIANCE.—If the State fails to take 

the prescribed corrective action under subsection (b) and is not in 

compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under sections 

421 and 422 and require the State to return the funds granted 

under such sections for that fiscal year. Nothing in this paragraph 

shall prevent a State which has been subject to penalties for noncompliance from reapplying for a grant under this subtitle in another fiscal year. 

(d) PERIODIC REPORTS.—During the grant period, the Inspector 

General shall periodically review the compliance of each State with 

the terms and conditions of the grant. 

(e) ADMINISTRATIVE COSTS.—Not less than 2.5 percent of the 

funds appropriated to carry out this subtitle for each of fiscal years 

2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended. 

(f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’ STATES NOT IN

SUBSTANTIAL COMPLIANCE WITH STATUTORY PROCEDURES.— 

(1) IN GENERAL.—In the case of a State that employs a statutory procedure described in section 421(e)(1)(C), if the InspecVerDate Aug 04 2004 04:54 Oct 07, 2004 Jkt 039008 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\HR737.XXX HR737
30 

tor General submits a determination under subsection (a)(3) 

that the State is not in substantial compliance with the requirements of the applicable State statute, then for the period 

beginning with the date on which that determination was submitted and ending on the date on which the Inspector General 

determines that the State is in substantial compliance with the 

requirements of that statute, the funds awarded under this 

subtitle shall be allocated solely for the uses described in section 421. 

(2) RULE OF CONSTRUCTION.—The requirements of this subsection apply in addition to, and not instead of, the other requirements of this section. 

SEC. 426. AUTHORIZATION OF APPROPRIATIONS. 

(a) AUTHORIZATION FOR GRANTS.—There are authorized to be appropriated $75,000,000 for each of fiscal years 2005 through 2009 

to carry out this subtitle. 

(b) RESTRICTION ON USE OF FUNDS TO ENSURE EQUAL ALLOCATION.—Each State receiving a grant under this subtitle shall allocate the funds equally between the uses described in section 421 

and the uses described in section 422, except as provided in section 

425(f). 

Subtitle C—Compensation for the 

Wrongfully Convicted 

SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE 

WRONGFULLY CONVICTED. 

Section 2513(e) of title 28, United States Code, is amended by 

striking ‘‘exceed the sum of $5,000’’ and inserting ‘‘exceed $100,000 

for each 12-month period of incarceration for any plaintiff who was 

unjustly sentenced to death and $50,000 for each 12-month period 

of incarceration for any other plaintiff’’. 

SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE 

DEATH PENALTY CASES. 

It is the sense of Congress that States should provide reasonable 

compensation to any person found to have been unjustly convicted 

of an offense against the State and sentenced to death. 

Æ