IB 

Union Calendar No. 194

108TH CONGRESS 

1ST SESSION H. R. 3214

[Report No. 108–321, Part I] 

To eliminate the substantial backlog of DNA samples collected from crime 

scenes and convicted offenders, to improve and expand the DNA testing 

capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop 

new training programs regarding the collection and use of DNA evidence, 

to provide post-conviction testing of DNA evidence to exonerate the 

innocent, to improve the performance of counsel in State capital cases, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2003

Mr. SENSENBRENNER (for himself, Mr. DELAHUNT, Mr. LAHOOD, Mr. CONYERS, Mr. COBLE, Mr. SCOTT of Virginia, Mr. GREEN of Wisconsin, Mr. 

WEINER, Mr. SCHIFF, Mr. HYDE, Mr. CANNON, Mr. CHABOT, Mr. SMITH

of Texas, Mr. BACHUS, Mr. CARTER, Mr. FEENEY, Mr. FORBES, Mr. 

GALLEGLY, Mr. GOODLATTE, Ms. HART, Ms. JACKSON-LEE of Texas, 

Mr. JENKINS, Mr. KELLER, Mr. KING of Iowa, Ms. LOFGREN, Mr. MEEHAN, Mr. PENCE, Ms. WATERS, Mr. WATT, Mr. WEXLER, Ms. PRYCE of 

Ohio, Mr. ABERCROMBIE, Mr. BASS, Mr. BERMAN, Mr. BLUMENAUER, 

Mr. BOEHNER, Mr. BROWN of Ohio, Mr. CALVERT, Mr. CAMP, Mr. CASE, 

Mr. CAPUANO, Mrs. CHRISTENSEN, Mr. CROWLEY, Mr. CUMMINGS, Mr. 

DOOLEY of California, Mr. EMANUEL, Mr. ENGEL, Mr. ENGLISH, Mr. 

EVANS, Mr. FARR, Mr. FILNER, Mr. GEPHARDT, Mr. GIBBONS, Mr. 

GILCHREST, Mr. GREENWOOD, Mr. HOEFFEL, Mr. HILL, Mr. HINCHEY, 

Mr. HOLDEN, Mr. HOLT, Mr. JACKSON of Illinois, Mr. KENNEDY of 

Rhode Island, Mr. KILDEE, Mr. KING of New York, Mrs. MALONEY, Ms. 

MCCARTHY of Missouri, Mr. MCGOVERN, Mr. MCINNIS, Mr. MCNULTY, 

Mr. OBERSTAR, Mr. OLVER, Mr. PETRI, Mr. QUINN, Mr. RODRIGUEZ, 

Mr. RUSH, Mr. SANDERS, Mr. SANDLIN, Mr. SERRANO, Mr. SHERMAN, 

Mr. SMITH of Washington, Ms. SOLIS, Mr. SPRATT, Mr. STARK, Mr. 

STRICKLAND, Mrs. TAUSCHER, Mr. UDALL of Colorado, Mr. WALSH, Mr. 

WOLF, Ms. WOOLSEY, Mr. STUPAK, Ms. VELA ́ZQUEZ, Ms. CARSON of Indiana, Mr. GREEN of Texas, Mr. NADLER, Mrs. NAPOLITANO, Mr. 
2

•HR 3214 RH 

SHIMKUS, Ms. CORRINE BROWN of Florida, Mr. LANGEVIN, Mr. MORAN

of Virginia, and Mr. MCDERMOTT) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

OCTOBER 16, 2003

Additonal sponsors: Mr. HOSTETTLER, Mr. EHLERS, Ms. DELAURO, Ms. 

WATSON, Mr. OSBORNE, Mr. JOHNSON of Illinois, Mr. CRANE, Mr. 

COSTELLO, Mr. WYNN, Ms. SLAUGHTER, Mr. UDALL of New Mexico, Mr. 

ALLEN, Mr. FRANK of Massachusetts, Ms. LINDA T. SA ́NCHEZ of California, Ms. EDDIE BERNICE JOHNSON of Texas, Ms. BALDWIN, Mr. 

BOUCHER, Mrs. JOHNSON of Connecticut, Mrs. KELLY, Mr. RENZI, Mr. 

LEWIS of California, Mr. RAMSTAD, Mr. PEARCE, Mr. JOHN, Mrs. 

MCCARTHY of New York, Mr. TOWNS, Ms. HOOLEY of Oregon, Ms. NORTON, Ms. BERKLEY, Mr. ACKERMAN, Mr. GEORGE MILLER of California, 

Ms. MILLENDER-MCDONALD, Mr. LARSEN of Washington, Mr. MEEKS of 

New York, Mr. ROTHMAN, Mr. TOOMEY, Mr. WAXMAN, Mr. FORD, Mrs. 

CAPPS, Mr. FROST, Ms. HARMAN, Mr. PASTOR, Mr. BAKER, Mr. 

LAMPSON, Mr. MATHESON, Mr. MCHUGH, Mr. LATOURETTE, Ms. 

DEGETTE, Mr. TERRY, Mr. MARKEY, Mr. MOORE, Ms. SCHAKOWSKY, 

Ms. LEE, Mr. HONDA, Mr. BECERRA, Ms. DUNN, Mr. KENNEDY of Minnesota, Mr. ACEVEDO-VILA ́, Mr. MICHAUD, Ms. MAJETTE, Mr. LANTOS, 

Mr. KANJORSKI, Mr. KIND, Mr. BOYD, Mr. DICKS, Ms. ESCHOO, Mr. 

ISRAEL, Mr. PRICE of North Carolina, Mr. LYNCH, Mr. TAYLOR of North 

Carolina, Mr. PALLONE, Mrs. JONES of Ohio, Mr. VITTER, Mr. 

ETHERIDGE, Mr. LEACH, Mr. SHAYS, Mr. GUTIERREZ, Mr. SWEENEY, 

Mr. JEFFERSON, Mr. HASTINGS of Florida, Mr. MCCOTTER, Mr. SMITH

of New Jersey, Mr. THOMPSON of Mississippi, Mr. SIMMONS, Mr. TIBERI, 

Mr. HOYER, Mr. BARTLETT of Maryland, Mr. BOEHLERT, Mr. CLAY, Mr. 

MENENDEZ, Mr. BACA, Mr. ROHRABACHER, Mr. MURTHA, Mr. TIERNEY, 

Mr. TURNER of Ohio, Mr. PORTMAN, Mr. NEAL of Massachusetts, Mr. 

BELL, Mr. WELLER, Ms. MCCOLLUM, Mr. CASTLE, Mr. ANDREWS, Mr. 

BRADY of Pennsylvania, Mrs. DAVIS of California, Mr. DEFAZIO, Mr. 

DOYLE, Mr. FATTAH, Mr. GORDON, Mr. HASTINGS of Washington, Ms. 

KILPATRICK, Mr. LEVIN, Mr. PAYNE, Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. WELDON of Pennsylvania, Mr. VAN HOLLEN, Mr. BEAUPREZ, 

Ms. PELOSI, Mr. BURR, Mr. MATSUI, Mr. DAVIS of Illinois, Mr. INSLEE, 

Mr. LEWIS of Georgia, Mrs. LOWEY, Ms. LORETTA SANCHEZ of California, Mr. RYAN of Ohio, Mr. POMEROY, Mr. SABO, Mr. PASCRELL, Mr. 

HOUGHTON, Mr. LARSON of Connecticut, Mr. RAHALL, Mr. THOMPSON

of California, Mr. KUCINICH, Mr. SCOTT of Georgia, Mr. BOSWELL, Mr. 

CARSON of Oklahoma, Mr. CLYBURN, Mr. TOM DAVIS of Virginia, Mr. 

DOGGETT, Mrs. EMERSON, Mr. GONZALEZ, Mr. HINOJOSA, Ms. KAPTUR, 

Mr. LIPINSKI, Mr. PETERSON of Minnesota, Mr. REYES, Mr. OXLEY, Mr. 

GILLMOR, and Mr. UPTON

OCTOBER 16, 2003

Reported from the Committee on the Judiciary with an amendment 
3

•HR 3214 RH 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 16, 2003

Referral to the Committee on Armed Services extended for a period ending 

not later than October 16, 2003

OCTOBER 16, 2003

Committee on Armed Services discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on October 1, 2003] 

A BILL

To eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, 

State, and local crime laboratories, to increase research 

and development of new DNA testing technologies, to 

develop new training programs regarding the collection 

and use of DNA evidence, to provide post-conviction 

testing of DNA evidence to exonerate the innocent, to 

improve the performance of counsel in State capital 

cases, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Ad5 vancing Justice Through DNA Technology Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of this 

7 Act is as follows:

Sec. 1. Short title; table of contents. 
4

•HR 3214 RH 

TITLE I—RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION 

ACT OF 2003

Sec. 101. Short title. 

Sec. 102. Debbie Smith DNA Backlog Grant Program. 

Sec. 103. Expansion of Combined DNA Index System. 

Sec. 104. Tolling of statute of limitations. 

Sec. 105. Legal assistance for victims of violence. 

Sec. 106. Ensuring private laboratory assistance in eliminating DNA backlog. 

TITLE II—DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

Sec. 201. Short title. 

Sec. 202. Ensuring public crime laboratory compliance with Federal standards. 

Sec. 203. DNA training and education for law enforcement, correctional personnel, and court officers. 

Sec. 204. Sexual assault forensic exam program grants. 

Sec. 205. DNA research and development. 

Sec. 206. FBI DNA programs. 

Sec. 207. DNA identification of missing persons. 

Sec. 208. Enhanced criminal penalties for unauthorized disclosure or use of DNA 

information. 

Sec. 209. Tribal coalition grants. 

Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement Grant Program. 

Sec. 211. Report to Congress. 

TITLE III—INNOCENCE PROTECTION ACT OF 2003

Sec. 301. Short title. 

Subtitle A—Exonerating the Innocent Through DNA Testing 

Sec. 311. Federal post-conviction DNA testing. 

Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program. 

Sec. 313. Incentive grants to States to ensure consideration of claims of actual 

innocence. 

Subtitle B—Improving the Quality of Representation in State Capital Cases 

Sec. 321. Capital representation improvement grants. 

Sec. 322. Capital prosecution improvement grants. 

Sec. 323. Applications. 

Sec. 324. State reports. 

Sec. 325. Evaluations by Inspector General and administrative remedies. 

Sec. 326. Authorization of appropriations. 

Subtitle C—Compensation for the Wrongfully Convicted 

Sec. 331. Increased compensation in Federal cases for the wrongfully convicted. 

Sec. 332. Sense of Congress regarding compensation in State death penalty cases.
5

•HR 3214 RH 

1 TITLE I—RAPE KITS AND DNA 

2 EVIDENCE BACKLOG ELIMI3 NATION ACT OF 2003

4 SEC. 101. SHORT TITLE. 

5 This title may be cited as the ‘‘Rape Kits and DNA 

6 Evidence Backlog Elimination Act of 2003’’. 

7 SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

8 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

9 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 

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

11 14135) is amended—

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

13 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO14 GRAM.’’; 

15 (2) in subsection (a)—

16 (A) in the matter preceding paragraph 

17 (1)—

18 (i) by inserting ‘‘or units of local gov19 ernment’’ after ‘‘eligible States’’; and 

20 (ii) by inserting ‘‘or unit of local gov21 ernment’’ after ‘‘State’’; 

22 (B) in paragraph (2), by inserting before 

23 the period at the end the following: ‘‘, including 

24 samples from rape kits, samples from other sex-
6

•HR 3214 RH 

1 ual assault evidence, and samples taken in cases 

2 without an identified suspect’’; and 

3 (C) in paragraph (3), by striking ‘‘within 

4 the State’’; 

5 (3) in subsection (b)—

6 (A) in the matter preceding paragraph 

7 (1)—

8 (i) by inserting ‘‘or unit of local gov9 ernment’’ after ‘‘State’’ both places that 

10 term appears; and 

11 (ii) by inserting ‘‘, as required by the 

12 Attorney General’’ after ‘‘application shall’’; 

13 (B) in paragraph (1), by inserting ‘‘or unit 

14 of local government’’ after ‘‘State’’; 

15 (C) in paragraph (3), by inserting ‘‘or unit 

16 of local government’’ after ‘‘State’’ the first place 

17 that term appears; 

18 (D) in paragraph (4)—

19 (i) by inserting ‘‘or unit of local gov20 ernment’’ after ‘‘State’’; and 

21 (ii) by striking ‘‘and’’ at the end; 

22 (E) in paragraph (5)—

23 (i) by inserting ‘‘or unit of local gov24 ernment’’ after ‘‘State’’; and
7

•HR 3214 RH 

1 (ii) by striking the period at the end 

2 and inserting a semicolon; and 

3 (F) by adding at the end the following: 

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

5 certify that the unit of local government has taken, or 

6 is taking, all necessary steps to ensure that it is eligi7 ble to include, directly or through a State law enforce8 ment agency, all analyses of samples for which it has 

9 requested funding in the Combined DNA Index Sys10 tem; and’’; 

11 (4) in subsection (d)—

12 (A) in paragraph (1)—

13 (i) in the matter preceding subpara14 graph (A), by striking ‘‘The plan’’ and in15 serting ‘‘A plan pursuant to subsection 

16 (b)(1)’’; 

17 (ii) in subparagraph (A), by striking 

18 ‘‘within the State’’; and 

19 (iii) in subparagraph (B), by striking 

20 ‘‘within the State’’; and 

21 (B) in paragraph (2)(A), by inserting ‘‘and 

22 units of local government’’ after ‘‘States’’; 

23 (5) in subsection (e)—
8

•HR 3214 RH 

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

2 government’’ after ‘‘State’’ both places that term 

3 appears; and 

4 (B) in paragraph (2), by inserting ‘‘or unit 

5 of local government’’ after ‘‘State’’; 

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

7 paragraph (1), by inserting ‘‘or unit of local govern8 ment’’ after ‘‘State’’; 

9 (7) in subsection (g)—

10 (A) in paragraph (1), by inserting ‘‘or unit 

11 of local government’’ after ‘‘State’’; and 

12 (B) in paragraph (2), by inserting ‘‘or 

13 units of local government’’ after ‘‘States’’; and 

14 (8) in subsection (h), by inserting ‘‘or unit of 

15 local government’’ after ‘‘State’’ both places that term 

16 appears. 

17 (b) REAUTHORIZATION AND EXPANSION OF PRO18 GRAM.—Section 2 of the DNA Analysis Backlog Elimi19 nation Act of 2000 (42 U.S.C. 14135) is amended—

20 (1) in subsection (a)—

21 (A) in paragraph (3), by inserting ‘‘(1) or’’ 

22 before ‘‘(2)’’; and 

23 (B) by inserting at the end the following: 

24 ‘‘(4) To collect DNA samples specified in para25 graph (1). 
9

•HR 3214 RH 

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

2 samples from crimes, including sexual assault and 

3 other serious violent crimes, are carried out in a 

4 timely manner.’’; 

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

6 by inserting at the end the following: 

7 ‘‘(7) specify that portion of grant amounts that 

8 the State or unit of local government shall use for the 

9 purpose specified in subsection (a)(4).’’; 

10 (3) by amending subsection (c) to read as fol11 lows: 

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

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

14 distribute grant amounts, and establish appropriate 

15 grant conditions under this section, in conformity 

16 with a formula or formulas that are designed to effec17 tuate a distribution of funds among eligible States 

18 and units of local government that—

19 ‘‘(A) maximizes the effective utilization of 

20 DNA technology to solve crimes and protect pub21 lic safety; and 

22 ‘‘(B) allocates grants among eligible entities 

23 fairly and efficiently to address jurisdictions in 

24 which significant backlogs exist, by consid25 ering—
10

•HR 3214 RH 

1 ‘‘(i) the number of offender and case2 work samples awaiting DNA analysis in a 

3 jurisdiction; 

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

5 and 

6 ‘‘(iii) the number of part 1 violent 

7 crimes in the jurisdiction. 

8 ‘‘(2) MINIMUM AMOUNT.—The Attorney General 

9 shall allocate to each State not less than 0.50 percent 

10 of the total amount appropriated in a fiscal year for 

11 grants under this section, except that the United 

12 States Virgin Islands, American Samoa, Guam, and 

13 the Northern Mariana Islands shall each be allocated 

14 0.125 percent of the total appropriation. 

15 ‘‘(3) LIMITATION.—Grant amounts distributed 

16 under paragraph (1) shall be awarded to conduct 

17 DNA analyses of samples from casework or from vic18 tims of crime under subsection (a)(2) in accordance 

19 with the following limitations: 

20 ‘‘(A) For fiscal year 2005, not less than 50 

21 percent of the grant amounts shall be awarded 

22 for purposes under subsection (a)(2). 

23 ‘‘(B) For fiscal year 2006, not less than 50 

24 percent of the grant amounts shall be awarded 

25 for purposes under subsection (a)(2). 
11

•HR 3214 RH 

1 ‘‘(C) For fiscal year 2007, not less than 45 

2 percent of the grant amounts shall be awarded 

3 for purposes under subsection (a)(2). 

4 ‘‘(D) For fiscal year 2008, not less than 40 

5 percent of the grant amounts shall be awarded 

6 for purposes under subsection (a)(2). 

7 ‘‘(E) For fiscal year 2009, not less than 40 

8 percent of the grant amounts shall be awarded 

9 for purposes under subsection (a)(2).’’; 

10 (4) in subsection (g)—

11 (A) in paragraph (1), by striking ‘‘and’’ at 

12 the end; 

13 (B) in paragraph (2), by striking the period 

14 at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

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

17 awarding grants among eligible States and units of 

18 local government, and how such plan will ensure the 

19 effective use of DNA technology to solve crimes and 

20 protect public safety.’’; 

21 (5) in subsection (j), by striking paragraphs (1) 

22 and (2) and inserting the following: 

23 ‘‘(1) $151,000,000 for fiscal year 2005; 

24 ‘‘(2) $151,000,000 for fiscal year 2006; 

25 ‘‘(3) $151,000,000 for fiscal year 2007;
12

•HR 3214 RH 

1 ‘‘(4) $151,000,000 for fiscal year 2008; and 

2 ‘‘(5) $151,000,000 for fiscal year 2009.’’; and 

3 (6) by adding at the end the following: 

4 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU5 DITS.—The Attorney General may distribute not more than 

6 1 percent of the grant amounts under subsection (j)—

7 ‘‘(1) to States or units of local government to de8 fray the costs incurred by laboratories operated by 

9 each such State or unit of local government in pre10 paring for accreditation or reaccreditation; 

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

12 units of local government, or nonprofit professional 

13 organizations of persons actively involved in forensic 

14 science and nationally recognized within the forensic 

15 science community—

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

17 laboratories operated by such State or unit of 

18 local government, which participates in the Na19 tional DNA Index System, to determine whether 

20 the laboratory is in compliance with quality as21 surance standards; 

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

23 submitted to the National Institute of Justice, 

24 which detail the use of funds received by States 

25 or units of local government under this Act; and 
13

•HR 3214 RH 

1 ‘‘(C) to support future capacity building ef2 forts; and 

3 ‘‘(3) in the form of additional grants to non4 profit professional associations actively involved in 

5 forensic science and nationally recognized within the 

6 forensic science community to defray the costs of 

7 training persons who conduct external audits of lab8 oratories operated by States and units of local govern9 ment and which participate in the National DNA 

10 Index System. 

11 ‘‘(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—

12 In the event that a laboratory operated by a State or unit 

13 of local government which has received funds under this Act 

14 has undergone an external audit conducted to determine 

15 whether the laboratory is in compliance with standards es16 tablished by the Director of the Federal Bureau of Investiga17 tion, and, as a result of such audit, identifies measures to 

18 remedy deficiencies with respect to the compliance by the 

19 laboratory with such standards, the State or unit of local 

20 government shall implement any such remediation as soon 

21 as practicable.’’. 

22 SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM. 

23 (a) INCLUSION OF ALL DNA SAMPLES FROM

24 STATES.—Section 210304(a)(1) of the DNA Identification 

25 Act of 1994 (42 U.S.C. 14132(a)(1)) is amended by striking 
14

•HR 3214 RH 

1 ‘‘of persons convicted of crimes;’’ and inserting the fol2 lowing: ‘‘of—

3 ‘‘(A) persons convicted of crimes; and 

4 ‘‘(B) other persons whose DNA samples are 

5 collected under applicable legal authorities, pro6 vided that DNA profiles from DNA samples that 

7 are voluntarily submitted solely for elimination 

8 purposes shall not be included in the Combined 

9 DNA Index System;’’. 

10 (b) FELONS CONVICTED OF FEDERAL CRIMES.—Sec11 tion 3(d) of the DNA Analysis Backlog Elimination Act 

12 of 2000 (42 U.S.C. 14135a(d)) is amended to read as fol13 lows: 

14 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The offenses 

15 that shall be treated for purposes of this section as quali16 fying Federal offenses are the following offenses, as deter17 mined by the Attorney General: 

18 ‘‘(1) Any felony. 

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

20 United States Code. 

21 ‘‘(3) Any crime of violence (as that term is de22 fined in section 16 of title 18, United States Code). 

23 ‘‘(4) Any attempt or conspiracy to commit any 

24 of the offenses in paragraphs (1) through (3).’’. 
15

•HR 3214 RH 

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

2 United States Code, is amended to read as follows: 

3 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The offenses 

4 that shall be treated for purposes of this section as quali5 fying military offenses are the following offenses, as deter6 mined by the Secretary of Defense, in consultation with the 

7 Attorney General: 

8 ‘‘(1) Any offense under the Uniform Code of 

9 Military Justice for which a sentence of confinement 

10 for more than one year may be imposed. 

11 ‘‘(2) Any other offense under the Uniform Code 

12 of Military Justice that is comparable to a qualifying 

13 Federal offense (as determined under section 3(d) of 

14 the DNA Analysis Backlog Elimination Act of 2000 

15 (42 U.S.C. 14135a(d))).’’. 

16 (d) KEYBOARD SEARCHES.—Section 210304 of the 

17 DNA Identification Act of 1994 (42 U.S.C. 14132), as 

18 amended by subsection (a), is further amended by adding 

19 at the end the following new subsection: 

20 ‘‘(e) AUTHORITY FOR KEYBOARD SEARCHES.—

21 ‘‘(1) IN GENERAL.—The Director shall ensure 

22 that any person who is authorized to access the index 

23 described in subsection (a) for purposes of including 

24 information on DNA identification records or DNA 
16

•HR 3214 RH 

1 analyses in that index may also access that index for 

2 purposes of carrying out a keyboard search. 

3 ‘‘(2) DEFINITION.—For purposes of paragraph 

4 (1), the term ‘keyboard search’ means a search under 

5 which information held by a person is compared with 

6 information in the index without resulting in the in7 formation held by the person being included in the 

8 index. 

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

10 be construed to preempt State law.’’. 

11 SEC. 104. TOLLING OF STATUTE OF LIMITATIONS. 

12 (a) IN GENERAL.—Chapter 213 of title 18, United 

13 States Code, is amended by adding at the end the following: 

14 ‘‘§ 3297. Cases involving DNA evidence 

15 ‘‘In a case in which DNA testing implicates an identi16 fied person in the commission of a felony, except for a felony 

17 offense under chapter 109A, no statute of limitations that 

18 would otherwise preclude prosecution of the offense shall 

19 preclude such prosecution until a period of time following 

20 the implication of the person by DNA testing has elapsed 

21 that is equal to the otherwise applicable limitation period.’’. 

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

23 chapter 213 of title 18, United States Code, is amended by 

24 adding at the end the following:

‘‘3297. Cases involving DNA evidence.’’.
17

•HR 3214 RH 

1 (c) APPLICATION.—The amendments made by this sec2 tion shall apply to the prosecution of any offense committed 

3 before, on, or after the date of the enactment of this section 

4 if the applicable limitation period has not yet expired. 

5 SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 

6 Section 1201 of the Violence Against Women Act of 

7 2000 (42 U.S.C. 3796gg–6) is amended—

8 (1) in subsection (a), by inserting ‘‘dating vio9 lence,’’ after ‘‘domestic violence,’’; 

10 (2) in subsection (b)—

11 (A) by redesignating paragraphs (1) 

12 through (3) as paragraphs (2) through (4), re13 spectively; 

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

15 redesignated by subparagraph (A), the following: 

16 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio17 lence’ means violence committed by a person who is 

18 or has been in a social relationship of a romantic or 

19 intimate nature with the victim. The existence of such 

20 a relationship shall be determined based on a consid21 eration of—

22 ‘‘(A) the length of the relationship; 

23 ‘‘(B) the type of relationship; and 

24 ‘‘(C) the frequency of interaction between 

25 the persons involved in the relationship.’’; and 
18

•HR 3214 RH 

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

2 subparagraph (A), by inserting ‘‘dating vio3 lence,’’ after ‘‘domestic violence,’’; 

4 (3) in subsection (c)—

5 (A) in paragraph (1)—

6 (i) by inserting ‘‘, dating violence,’’ 

7 after ‘‘between domestic violence’’; and 

8 (ii) by inserting ‘‘dating violence,’’ 

9 after ‘‘victims of domestic violence,’’; 

10 (B) in paragraph (2), by inserting ‘‘dating 

11 violence,’’ after ‘‘domestic violence,’’; and 

12 (C) in paragraph (3), by inserting ‘‘dating 

13 violence,’’ after ‘‘domestic violence,’’; 

14 (4) in subsection (d)—

15 (A) in paragraph (1), by inserting ‘‘, dat16 ing violence,’’ after ‘‘domestic violence’’; 

17 (B) in paragraph (2), by inserting ‘‘, dat18 ing violence,’’ after ‘‘domestic violence’’; 

19 (C) in paragraph (3), by inserting ‘‘, dat20 ing violence,’’ after ‘‘domestic violence’’; and 

21 (D) in paragraph (4), by inserting ‘‘dating 

22 violence,’’ after ‘‘domestic violence,’’; 

23 (5) in subsection (e), by inserting ‘‘dating vio24 lence,’’ after ‘‘domestic violence,’’; and 
19

•HR 3214 RH 

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

2 violence,’’ after ‘‘domestic violence,’’. 

3 SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN 

4 ELIMINATING DNA BACKLOG. 

5 Section 2(d)(3) of the DNA Analysis Backlog Elimi6 nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended to 

7 read as follows: 

8 ‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR

9 CERTAIN PURPOSES.—

10 ‘‘(A) IN GENERAL.—A grant for the pur11 poses specified in paragraph (1), (2), or (5) of 

12 subsection (a) may be made in the form of a 

13 voucher or contract for laboratory services. 

14 ‘‘(B) REDEMPTION.—A voucher or contract 

15 under subparagraph (A) may be redeemed at a 

16 laboratory operated by a private entity that sat17 isfies quality assurance standards and has been 

18 approved by the Attorney General. 

19 ‘‘(C) PAYMENTS.—The Attorney General 

20 may use amounts authorized under subsection (j) 

21 to make payments to a laboratory described 

22 under subparagraph (B).’’. 
20

•HR 3214 RH 

1 TITLE II—DNA SEXUAL ASSAULT 

2 JUSTICE ACT OF 2003

3 SEC. 201. SHORT TITLE. 

4 This title may be cited as the ‘‘DNA Sexual Assault 

5 Justice Act of 2003’’. 

6 SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLI7 ANCE WITH FEDERAL STANDARDS. 

8 Section 210304(b)(2) of the DNA Identification Act of 

9 1994 (42 U.S.C. 14132(b)(2)) is amended to read as follows: 

10 ‘‘(2) prepared by laboratories that—

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

12 of enactment of the DNA Sexual Assault Justice 

13 Act of 2003, have been accredited by a nonprofit 

14 professional association of persons actively in15 volved in forensic science that is nationally rec16 ognized within the forensic science community; 

17 and 

18 ‘‘(B) undergo external audits, not less than 

19 once every 2 years, that demonstrate compliance 

20 with standards established by the Director of the 

21 Federal Bureau of Investigation; and’’. 
21

•HR 3214 RH 

1 SEC. 203. DNA TRAINING AND EDUCATION FOR LAW EN2 FORCEMENT, CORRECTIONAL PERSONNEL, 

3 AND COURT OFFICERS. 

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

5 grants to States and units of local government to provide 

6 training, technical assistance, education, and information 

7 relating to the identification, collection, preservation, anal8 ysis, and use of DNA samples and DNA evidence by—

9 (1) law enforcement personnel, including police 

10 officers and other first responders, evidence techni11 cians, investigators, and others who collect or examine 

12 evidence of crime; 

13 (2) court officers, including State and local pros14 ecutors, defense lawyers, and judges; 

15 (3) forensic science professionals; and 

16 (4) corrections personnel, including prison and 

17 jail personnel, and probation, parole, and other offi18 cers involved in supervision. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated $12,500,000 for each of fiscal 

21 years 2005 through 2009 to carry out this section. 

22 SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 

23 GRANTS. 

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

25 grants to eligible entities to provide training, technical as26 sistance, education, equipment, and information relating to
22

•HR 3214 RH 

1 the identification, collection, preservation, analysis, and use 

2 of DNA samples and DNA evidence by medical personnel 

3 and other personnel, including doctors, medical examiners, 

4 coroners, nurses, victim service providers, and other profes5 sionals involved in treating victims of sexual assault and 

6 sexual assault examination programs, including SANE 

7 (Sexual Assault Nurse Examiner), SAFE (Sexual Assault 

8 Forensic Examiner), and SART (Sexual Assault Response 

9 Team). 

10 (b) ELIGIBLE ENTITY.—For purposes of this section, 

11 the term ‘‘eligible entity’’ includes—

12 (1) States; 

13 (2) units of local government; and 

14 (3) sexual assault examination programs, in15 cluding—

16 (A) sexual assault nurse examiner (SANE) 

17 programs; 

18 (B) sexual assault forensic examiner 

19 (SAFE) programs; 

20 (C) sexual assault response team (SART) 

21 programs; 

22 (D) State sexual assault coalitions; 

23 (E) medical personnel, including doctors, 

24 medical examiners, coroners, and nurses, in25 volved in treating victims of sexual assault; and 
23

•HR 3214 RH 

1 (F) victim service providers involved in 

2 treating victims of sexual assault. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated $30,000,000 for each of fiscal 

5 years 2005 through 2009 to carry out this section. 

6 SEC. 205. DNA RESEARCH AND DEVELOPMENT. 

7 (a) IMPROVING DNA TECHNOLOGY.—The Attorney 

8 General shall make grants for research and development to 

9 improve forensic DNA technology, including increasing the 

10 identification accuracy and efficiency of DNA analysis, de11 creasing time and expense, and increasing portability. 

12 (b) DEMONSTRATION PROJECTS.—The Attorney Gen13 eral shall make grants to appropriate entities under which 

14 research is carried out through demonstration projects in15 volving coordinated training and commitment of resources 

16 to law enforcement agencies and key criminal justice par17 ticipants to demonstrate and evaluate the use of forensic 

18 DNA technology in conjunction with other forensic tools. 

19 The demonstration projects shall include scientific evalua20 tion of the public safety benefits, improvements to law en21 forcement operations, and cost-effectiveness of increased col22 lection and use of DNA evidence. 

23 (c) NATIONAL FORENSIC SCIENCE COMMISSION.—

24 (1) APPOINTMENT.—The Attorney General shall 

25 appoint a National Forensic Science Commission (in 
24

•HR 3214 RH 

1 this section referred to as the ‘‘Commission’’), com2 posed of persons experienced in criminal justice 

3 issues, including persons from the forensic science and 

4 criminal justice communities, to carry out the respon5 sibilities under paragraph (2). 

6 (2) RESPONSIBILITIES.—The Commission 

7 shall—

8 (A) assess the present and future resource 

9 needs of the forensic science community; 

10 (B) make recommendations to the Attorney 

11 General for maximizing the use of forensic tech12 nologies and techniques to solve crimes and pro13 tect the public; 

14 (C) identify potential scientific advances 

15 that may assist law enforcement in using foren16 sic technologies and techniques to protect the 

17 public; 

18 (D) make recommendations to the Attorney 

19 General for programs that will increase the num20 ber of qualified forensic scientists available to 

21 work in public crime laboratories; 

22 (E) disseminate, through the National Insti23 tute of Justice, best practices concerning the col24 lection and analyses of forensic evidence to help 

25 ensure quality and consistency in the use of fo-
25

•HR 3214 RH 

1 rensic technologies and techniques to solve crimes 

2 and protect the public; 

3 (F) examine additional issues pertaining to 

4 forensic science as requested by the Attorney 

5 General; 

6 (G) examine Federal, State, and local pri7 vacy protection statutes, regulations, and prac8 tices relating to access to, or use of, stored DNA 

9 samples or DNA analyses, to determine whether 

10 such protections are sufficient; 

11 (H) make specific recommendations to the 

12 Attorney General, as necessary, to enhance the 

13 protections described in subparagraph (G) to en14 sure—

15 (i) the appropriate use and dissemina16 tion of DNA information; 

17 (ii) the accuracy, security, and con18 fidentiality of DNA information; 

19 (iii) the timely removal and destruc20 tion of obsolete, expunged, or inaccurate 

21 DNA information; and 

22 (iv) that any other necessary measures 

23 are taken to protect privacy; and 

24 (I) provide a forum for the exchange and 

25 dissemination of ideas and information in fur-
26

•HR 3214 RH 

1 therance of the objectives described in subpara2 graphs (A) through (H). 

3 (3) PERSONNEL; PROCEDURES.—The Attorney 

4 General shall—

5 (A) designate the Chair of the Commission 

6 from among its members; 

7 (B) designate any necessary staff to assist 

8 in carrying out the functions of the Commission; 

9 and 

10 (C) establish procedures and guidelines for 

11 the operations of the Commission. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

13 authorized to be appropriated $15,000,000 for each of fiscal 

14 years 2005 through 2009 to carry out this section. 

15 SEC. 206. FBI DNA PROGRAMS. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated to the Federal Bureau of In18 vestigation $42,100,000 for each of fiscal years 2005 

19 through 2009 to carry out the DNA programs and activities 

20 described under subsection (b). 

21 (b) PROGRAMS AND ACTIVITIES.—The Federal Bureau 

22 of Investigation may use any amounts appropriated pursu23 ant to subsection (a) for— 

24 (1) nuclear DNA analysis; 

25 (2) mitochondrial DNA analysis;
27

•HR 3214 RH 

1 (3) regional mitochondrial DNA laboratories; 

2 (4) the Combined DNA Index System; 

3 (5) the Federal Convicted Offender DNA Pro4 gram; and 

5 (6) DNA research and development. 

6 SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS. 

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

8 grants to States and units of local government to promote 

9 the use of forensic DNA technology to identify missing per10 sons and unidentified human remains. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated $2,000,000 for each of fiscal 

13 years 2005 through 2009 to carry out this section. 

14 SEC. 208. ENHANCED CRIMINAL PENALTIES FOR UNAU15 THORIZED DISCLOSURE OR USE OF DNA IN16 FORMATION. 

17 Section 10(c) of the DNA Analysis Backlog Elimi18 nation Act of 2000 (42 U.S.C. 14135e(c)) is amended to 

19 read as follows: 

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

21 discloses a sample or result described in subsection (a) in 

22 any manner to any person not authorized to receive it, or 

23 obtains or uses, without authorization, such sample or re24 sult, shall be fined not more than $100,000. Each instance 
28

•HR 3214 RH 

1 of disclosure, obtaining, or use shall constitute a separate 

2 offense under this subsection.’’. 

3 SEC. 209. TRIBAL COALITION GRANTS. 

4 Section 2001 of title I of the Omnibus Crime Control 

5 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended 

6 by adding at the end the following: 

7 ‘‘(d) TRIBAL COALITION GRANTS.—

8 ‘‘(1) PURPOSE.—The Attorney General shall 

9 award grants to tribal domestic violence and sexual 

10 assault coalitions for purposes of—

11 ‘‘(A) increasing awareness of domestic vio12 lence and sexual assault against Indian women; 

13 ‘‘(B) enhancing the response to violence 

14 against Indian women at the tribal, Federal, 

15 and State levels; and 

16 ‘‘(C) identifying and providing technical 

17 assistance to coalition membership and tribal 

18 communities to enhance access to essential serv19 ices to Indian women victimized by domestic 

20 and sexual violence. 

21 ‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At22 torney General shall award grants under paragraph 

23 (1) to—
29

•HR 3214 RH 

1 ‘‘(A) established nonprofit, nongovernmental 

2 tribal coalitions addressing domestic violence 

3 and sexual assault against Indian women; and 

4 ‘‘(B) individuals or organizations that pro5 pose to incorporate as nonprofit, nongovern6 mental tribal coalitions to address domestic vio7 lence and sexual assault against Indian women. 

8 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt 

9 of an award under this subsection by tribal domestic 

10 violence and sexual assault coalitions shall not pre11 clude the coalition from receiving additional grants 

12 under this title to carry out the purposes described in 

13 subsection (b).’’. 

14 SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC 

15 SCIENCES IMPROVEMENT GRANT PROGRAM.

16 (a) FORENSIC BACKLOG ELIMINATION GRANTS.—Sec17 tion 2804 of the Omnibus Crime Control and Safe Streets 

18 Act of 1968 (42 U.S.C. 3797m) is amended—

19 (1) in subsection (a)—

20 (A) by striking ‘‘shall use the grant to carry 

21 out’’ and inserting ‘‘shall use the grant to do any 

22 one or more of the following: 

23 ‘‘(1) To carry out’’; and 

24 (B) by adding at the end the following: 
30

•HR 3214 RH 

1 ‘‘(2) To eliminate a backlog in the analysis of fo2 rensic science evidence, including firearms examina3 tion, latent prints, toxicology, controlled substances, 

4 forensic pathology, questionable documents, and trace 

5 evidence. 

6 ‘‘(3) To train, assist, and employ forensic lab7 oratory personnel, as needed, to eliminate such a 

8 backlog.’’; 

9 (2) in subsection (b), by striking ‘‘under this 

10 part’’ and inserting ‘‘for the purpose set forth in sub11 section (a)(1)’’; and 

12 (3) by adding at the end the following: 

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

14 a backlog in the analysis of forensic science evidence exists 

15 if such evidence—

16 ‘‘(1) has been stored in a laboratory, medical ex17 aminer’s office, or coroner’s office; and 

18 ‘‘(2) has not been subjected to all appropriate fo19 rensic testing because of a lack of resources or per20 sonnel.’’. 

21 (b) EXTERNAL AUDITS.—Section 2802 of the Omnibus 

22 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

23 3797k) is amended—

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

25 end; 
31

•HR 3214 RH 

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

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(4) a certification that a government entity ex5 ists and an appropriate process is in place to conduct 

6 independent external investigations into allegations of 

7 serious negligence or misconduct substantially affect8 ing the integrity of the forensic results committed by 

9 employees or contractors of any forensic laboratory 

10 system, medical examiner’s office, or coroner’s office 

11 in the State that will receive a portion of the grant 

12 amount.’’. 

13 (c) THREE-YEAR EXTENSION OF AUTHORIZATION OF

14 APPROPRIATIONS.—Section 1001(a)(24) of the Omnibus 

15 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

16 3793(a)(24)) is amended—

17 (1) in subparagraph (E), by striking ‘‘and’’ at 

18 the end; 

19 (2) in subparagraph (F), by striking the period 

20 at the end and inserting a semicolon; and 

21 (3) by adding at the end the following: 

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

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

24 ‘‘(I) $20,000,000 for fiscal year 2009.’’.
32

•HR 3214 RH 

1 (d) TECHNICAL AMENDMENT.—Section 1001(a) of 

2 such Act, as amended by subsection (c), is further amended 

3 by realigning paragraphs (24) and (25) so as to be flush 

4 with the left margin. 

5 SEC. 211. REPORT TO CONGRESS. 

6 (a) IN GENERAL.—Not later than 2 years after the 

7 date of enactment of this Act, the Attorney General shall 

8 submit to Congress a report on the implementation of this 

9 Act and the amendments made by this Act. 

10 (b) CONTENTS.—The report submitted under sub11 section (a) shall include a description of—

12 (1) the progress made by Federal, State, and 

13 local entities in—

14 (A) collecting and entering DNA samples 

15 from offenders convicted of qualifying offenses for 

16 inclusion in the Combined DNA Index System 

17 (referred to in this subsection as ‘‘CODIS’’); 

18 (B) analyzing samples from crime scenes, 

19 including evidence collected from sexual assaults 

20 and other serious violent crimes, and entering 

21 such DNA analyses in CODIS; and 

22 (C) increasing the capacity of forensic lab23 oratories to conduct DNA analyses; 
33

•HR 3214 RH 

1 (2) the priorities and plan for awarding grants 

2 among eligible States and units of local government 

3 to ensure that the purposes of this Act are carried out; 

4 (3) the distribution of grant amounts under this 

5 Act among eligible States and local governments, and 

6 whether the distribution of such funds has served the 

7 purposes of the Debbie Smith DNA Backlog Grant 

8 Program; 

9 (4) grants awarded and the use of such grants by 

10 eligible entities for DNA training and education pro11 grams for law enforcement, correctional personnel, 

12 court officers, medical personnel, victim service pro13 viders, and other personnel authorized under sections 

14 203 and 204; 

15 (5) grants awarded and the use of such grants by 

16 eligible entities to conduct DNA research and develop17 ment programs to improve forensic DNA technology, 

18 and implement demonstration projects under section 

19 205; 

20 (6) the steps taken to establish the National Fo21 rensic Science Commission, and the activities of the 

22 Commission under section 205(c); 

23 (7) the use of funds by the Federal Bureau of In24 vestigation under section 206; 
34

•HR 3214 RH 

1 (8) grants awarded and the use of such grants by 

2 eligible entities to promote the use of forensic DNA 

3 technology to identify missing persons and unidenti4 fied human remains under section 207; 

5 (9) grants awarded and the use of such grants by 

6 eligible entities to eliminate forensic science backlogs 

7 under the amendments made by section 210; 

8 (10) State compliance with the requirements set 

9 forth in section 313; and 

10 (11) any other matters considered relevant by the 

11 Attorney General. 

12 TITLE III—INNOCENCE 

13 PROTECTION ACT OF 2003

14 SEC. 301. SHORT TITLE. 

15 This title may be cited as the ‘‘Innocence Protection 

16 Act of 2003’’. 

17 Subtitle A—Exonerating the 

18 Innocent Through DNA Testing 

19 SEC. 311. FEDERAL POST-CONVICTION DNA TESTING. 

20 (a) FEDERAL CRIMINAL PROCEDURE.—

21 (1) IN GENERAL.—Part II of title 18, United 

22 States Code, is amended by inserting after chapter 

23 228 the following: 
35

•HR 3214 RH 

1 ‘‘CHAPTER 228A—POST-CONVICTION DNA 

2 TESTING

‘‘Sec. 

‘‘3600. DNA testing. 

‘‘3600A. Preservation of biological evidence.

3 ‘‘§ 3600. DNA testing 

4 ‘‘(a) IN GENERAL.—Upon a written motion by an in5 dividual under a sentence of imprisonment or death pursu6 ant to a conviction for a Federal offense (referred to in this 

7 section as the ‘applicant’), the court that entered the judg8 ment of conviction shall order DNA testing of specific evi9 dence if—

10 ‘‘(1) the applicant asserts, under penalty of per11 jury, that the applicant is actually innocent of—

12 ‘‘(A) the Federal offense for which the appli13 cant is under a sentence of imprisonment or 

14 death; or 

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

16 ‘‘(i)(I) such offense was legally nec17 essary to make the applicant eligible for a 

18 sentence as a career offender under section 

19 3559(e) or an armed career offender under 

20 section 924(e), and exoneration of such of21 fense would entitle the applicant to a re22 duced sentence; or 

23 ‘‘(II) evidence of such offense was ad24 mitted during a Federal death sentencing 
36

•HR 3214 RH 

1 hearing and exoneration of such offense 

2 would entitle the applicant to a reduced 

3 sentence or new sentencing hearing; and 

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

5 ‘‘(I) the applicant demonstrates 

6 that there is no adequate remedy under 

7 State law to permit DNA testing of the 

8 specified evidence relating to the State 

9 offense; and 

10 ‘‘(II) to the extent available, the 

11 applicant has exhausted all remedies 

12 available under State law for request13 ing DNA testing of specified evidence 

14 relating to the State offense; 

15 ‘‘(2) the specific evidence to be tested was secured 

16 in relation to the investigation or prosecution of the 

17 Federal or State offense referenced in the applicant’s 

18 assertion under paragraph (1); 

19 ‘‘(3) the specific evidence to be tested—

20 ‘‘(A) was not previously subjected to DNA 

21 testing and the applicant did not knowingly and 

22 voluntarily waive the right to request DNA test23 ing of that evidence in a court proceeding after 

24 the date of enactment of the Innocence Protection 

25 Act of 2003; or
37

•HR 3214 RH 

1 ‘‘(B) was previously subjected to DNA test2 ing and the applicant is requesting DNA testing 

3 using a new method or technology that is sub4 stantially more probative than the prior DNA 

5 testing; 

6 ‘‘(4) the specific evidence to be tested is in the 

7 possession of the Government and has been subject to 

8 a chain of custody and retained under conditions suf9 ficient to ensure that such evidence has not been sub10 stituted, contaminated, tampered with, replaced, or 

11 altered in any respect material to the proposed DNA 

12 testing; 

13 ‘‘(5) the proposed DNA testing is reasonable in 

14 scope, uses scientifically sound methods, and is con15 sistent with accepted forensic practices; 

16 ‘‘(6) the applicant identifies a theory of defense 

17 that—

18 ‘‘(A) is not inconsistent with an affirmative 

19 defense presented at trial; and 

20 ‘‘(B) would establish the actual innocence of 

21 the applicant of the Federal or State offense ref22 erenced in the applicant’s assertion under para23 graph (1); 
38

•HR 3214 RH 

1 ‘‘(7) if the applicant was convicted following a 

2 trial, the identity of the perpetrator was at issue in 

3 the trial; 

4 ‘‘(8) the proposed DNA testing of the specific evi5 dence—

6 ‘‘(A) would produce new material evidence 

7 to support the theory of defense referenced in 

8 paragraph (6); and 

9 ‘‘(B) assuming the DNA test result excludes 

10 the applicant, would raise a reasonable prob11 ability that the applicant did not commit the of12 fense; 

13 ‘‘(9) the applicant certifies that the applicant 

14 will provide a DNA sample for purposes of compari15 son; and 

16 ‘‘(10) the applicant’s motion is filed for the pur17 pose of demonstrating the applicant’s actual inno18 cence of the Federal or State offense, and not to delay 

19 the execution of the sentence or the administration of 

20 justice. 

21 ‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION

22 ORDER; APPOINTMENT OF COUNSEL.—

23 ‘‘(1) NOTICE.—Upon the receipt of a motion 

24 filed under subsection (a), the court shall—

25 ‘‘(A) notify the Government; and 
39

•HR 3214 RH 

1 ‘‘(B) allow the Government a reasonable 

2 time period to respond to the motion. 

3 ‘‘(2) PRESERVATION ORDER.—To the extent nec4 essary to carry out proceedings under this section, the 

5 court shall direct the Government to preserve the spe6 cific evidence relating to a motion under subsection 

7 (a). 

8 ‘‘(3) APPOINTMENT OF COUNSEL.—The court 

9 may appoint counsel for an indigent applicant under 

10 this section in the same manner as in a proceeding 

11 under section 3006A(a)(2)(B). 

12 ‘‘(c) TESTING PROCEDURES.—

13 ‘‘(1) IN GENERAL.—The court shall direct that 

14 any DNA testing ordered under this section be carried 

15 out by the Federal Bureau of Investigation. 

16 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

17 (1), the court may order DNA testing by another 

18 qualified laboratory if the court makes all necessary 

19 orders to ensure the integrity of the specific evidence 

20 and the reliability of the testing process and test re21 sults. 

22 ‘‘(3) COSTS.—The costs of any DNA testing or23 dered under this section shall be paid—

24 ‘‘(A) by the applicant; or 
40

•HR 3214 RH 

1 ‘‘(B) in the case of an applicant who is in2 digent, by the Government. 

3 ‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any 

4 case in which the applicant is sentenced to death— 

5 ‘‘(1) any DNA testing ordered under this section 

6 shall be completed not later than 60 days after the 

7 date on which the Government responds to the motion 

8 filed under subsection (a); and 

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

10 which the DNA testing ordered under this section is 

11 completed, the court shall order any post-testing pro12 cedures under subsection (f) or (g), as appropriate. 

13 ‘‘(e) REPORTING OF TEST RESULTS.—

14 ‘‘(1) IN GENERAL.—The results of any DNA test15 ing ordered under this section shall be simultaneously 

16 disclosed to the court, the applicant, and the Govern17 ment. 

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

19 test results relating to the DNA of the applicant to the 

20 National DNA Index System (referred to in this sub21 section as ‘NDIS’). 

22 ‘‘(3) RETENTION OF DNA SAMPLE.—

23 ‘‘(A) ENTRY INTO NDIS.—If the DNA test 

24 results obtained under this section are inconclu25 sive or show that the applicant was the source of 
41

•HR 3214 RH 

1 the DNA evidence, the DNA sample of the appli2 cant may be retained in NDIS. 

3 ‘‘(B) MATCH WITH OTHER OFFENSE.—If the 

4 DNA test results obtained under this section ex5 clude the applicant as the source of the DNA evi6 dence, and a comparison of the DNA sample of 

7 the applicant results in a match between the 

8 DNA sample of the applicant and another of9 fense, the Attorney General shall notify the ap10 propriate agency and preserve the DNA sample 

11 of the applicant. 

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

13 obtained under this section exclude the applicant 

14 as the source of the DNA evidence, and a com15 parison of the DNA sample of the applicant does 

16 not result in a match between the DNA sample 

17 of the applicant and another offense, the Attor18 ney General shall destroy the DNA sample of the 

19 applicant and ensure that such information is 

20 not retained in NDIS if there is no other legal 

21 authority to retain the DNA sample of the appli22 cant in NDIS. 

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

24 INCULPATORY RESULTS.—
42

•HR 3214 RH 

1 ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re2 sults obtained under this section are inconclusive, the 

3 court may order further testing, if appropriate, or 

4 may deny the applicant relief. 

5 ‘‘(2) INCULPATORY RESULTS.—If DNA test re6 sults obtained under this section show that the appli7 cant was the source of the DNA evidence, the court 

8 shall—

9 ‘‘(A) deny the applicant relief; and 

10 ‘‘(B) on motion of the Government—

11 ‘‘(i) make a determination whether the 

12 applicant’s assertion of actual innocence 

13 was false, and, if the court makes such a 

14 finding, the court may hold the applicant 

15 in contempt; 

16 ‘‘(ii) assess against the applicant the 

17 cost of any DNA testing carried out under 

18 this section; 

19 ‘‘(iii) forward the finding to the Direc20 tor of the Bureau of Prisons, who, upon re21 ceipt of such a finding, may deny, wholly or 

22 in part, the good conduct credit authorized 

23 under section 3632 on the basis of that find24 ing; 
43

•HR 3214 RH 

1 ‘‘(iv) if the applicant is subject to the 

2 jurisdiction of the United States Parole 

3 Commission, forward the finding to the 

4 Commission so that the Commission may 

5 deny parole on the basis of that finding; 

6 and 

7 ‘‘(v) if the DNA test results relate to a 

8 State offense, forward the finding to any 

9 appropriate State official. 

10 ‘‘(3) SENTENCE.—In any prosecution of an ap11 plicant under chapter 79 for false assertions or other 

12 conduct in proceedings under this section, the court, 

13 upon conviction of the applicant, shall sentence the 

14 applicant to a term of imprisonment of not less than 

15 3 years, which shall run consecutively to any other 

16 term of imprisonment the applicant is serving. 

17 ‘‘(g) POST-TESTING PROCEDURES; MOTION FOR NEW

18 TRIAL OR RESENTENCING.—

19 ‘‘(1) IN GENERAL.—Notwithstanding any law 

20 that would bar a motion under this paragraph as un21 timely, if DNA test results obtained under this section 

22 exclude the applicant as the source of the DNA evi23 dence, the applicant may file a motion for a new trial 

24 or resentencing, as appropriate. The court shall estab25 lish a reasonable schedule for the applicant to file 
44

•HR 3214 RH 

1 such a motion and for the Government to respond to 

2 the motion. 

3 ‘‘(2) STANDARD FOR GRANTING MOTION FOR NEW

4 TRIAL OR RESENTENCING.—The court shall grant the 

5 motion of the applicant for a new trial or resen6 tencing, as appropriate, if the DNA test results, when 

7 considered with all other evidence in the case (regard8 less of whether such evidence was introduced at trial), 

9 establish by a preponderance of the evidence that a 

10 new trial would result in an acquittal of—

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

12 the Federal offense for which the applicant is 

13 under a sentence of imprisonment or death; and 

14 ‘‘(B) in the case of a motion for resen15 tencing, another Federal or State offense, if—

16 ‘‘(i) such offense was legally necessary 

17 to make the applicant eligible for a sentence 

18 as a career offender under section 3559(e) 

19 or an armed career offender under section 

20 924(e), and exoneration of such offense 

21 would entitle the applicant to a reduced 

22 sentence; or 

23 ‘‘(ii) evidence of such offense was ad24 mitted during a Federal death sentencing 

25 hearing and exoneration of such offense 
45

•HR 3214 RH 

1 would entitle the applicant to a reduced 

2 sentence or a new sentencing proceeding. 

3 ‘‘(h) OTHER LAWS UNAFFECTED.—

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

5 section shall affect the circumstances under which a 

6 person may obtain DNA testing or post-conviction re7 lief under any other law. 

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

9 shall provide a basis for relief in any Federal habeas 

10 corpus proceeding. 

11 ‘‘(3) APPLICATION NOT A MOTION.—An applica12 tion under this section shall not be considered to be 

13 a motion under section 2255 for purposes of deter14 mining whether the application or any other motion 

15 is a second or successive motion under section 2255. 

16 ‘‘§ 3600A. Preservation of biological evidence 

17 ‘‘(a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the Government shall preserve biological evi19 dence that was secured in the investigation or prosecution 

20 of a Federal offense, if a defendant is under a sentence of 

21 imprisonment for such offense. 

22 ‘‘(b) DEFINED TERM.—For purposes of this section, 

23 the term ‘biological evidence’ means—

24 ‘‘(1) a sexual assault forensic examination kit; or 
46

•HR 3214 RH 

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

2 other identified biological material. 

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

4 if—

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

6 DNA testing of the biological evidence by the defend7 ant under section 3600, and no appeal is pending; 

8 ‘‘(2) the defendant knowingly and voluntarily 

9 waived the right to request DNA testing of such evi10 dence in a court proceeding conducted after the date 

11 of enactment of the Innocence Protection Act of 2003; 

12 ‘‘(3) the defendant is notified after conviction 

13 that the biological evidence may be destroyed and the 

14 defendant does not file a motion under section 3600 

15 within 180 days of receipt of the notice; or 

16 ‘‘(4)(A) the evidence must be returned to its 

17 rightful owner, or is of such a size, bulk, or physical 

18 character as to render retention impracticable; and 

19 ‘‘(B) the Government takes reasonable measures 

20 to remove and preserve portions of the material evi21 dence sufficient to permit future DNA testing. 

22 ‘‘(d) OTHER PRESERVATION REQUIREMENT.—Nothing 

23 in this section shall preempt or supersede any statute, regu24 lation, court order, or other provision of law that may re-
47

•HR 3214 RH 

1 quire evidence, including biological evidence, to be pre2 served. 

3 ‘‘(e) REGULATIONS.—Not later than 180 days after the 

4 date of enactment of the Innocence Protection Act of 2003, 

5 the Attorney General shall promulgate regulations to imple6 ment and enforce this section, including appropriate dis7 ciplinary sanctions to ensure that employees comply with 

8 such regulations. 

9 ‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and in10 tentionally destroys, alters, or tampers with biological evi11 dence that is required to be preserved under this section 

12 with the intent to prevent that evidence from being subjected 

13 to DNA testing or prevent the production or use of that 

14 evidence in an official proceeding, shall be fined under this 

15 title, imprisoned for not more than 5 years, or both. 

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

17 provide a basis for relief in any Federal habeas corpus pro18 ceeding.’’. 

19 (2) CLERICAL AMENDMENT.—The chapter anal20 ysis for part II of title 18, United States Code, is 

21 amended by inserting after the item relating to chap22 ter 228 the following:

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

23 (b) SYSTEM FOR REPORTING MOTIONS.—

24 (1) ESTABLISHMENT.—The Attorney General 

25 shall establish a system for reporting and tracking
48

•HR 3214 RH 

1 motions filed in accordance with section 3600 of title 

2 18, United States Code. 

3 (2) OPERATION.—In operating the system estab4 lished under paragraph (1), the Federal courts shall 

5 provide to the Attorney General any requested assist6 ance in operating such a system and in ensuring the 

7 accuracy and completeness of information included in 

8 that system. 

9 (3) REPORT.—Not later than 2 years after the 

10 date of enactment of this Act, the Attorney General 

11 shall submit a report to Congress that contains—

12 (A) a list of motions filed under section 

13 3600 of title 18, United States Code, as added by 

14 this Act; 

15 (B) whether DNA testing was ordered pur16 suant to such a motion; 

17 (C) whether the applicant obtained relief on 

18 the basis of DNA test results; and 

19 (D) whether further proceedings occurred 

20 following a granting of relief and the outcome of 

21 such proceedings. 

22 (4) ADDITIONAL INFORMATION.—The report re23 quired to be submitted under paragraph (3) may in24 clude any other information the Attorney General de25 termines to be relevant in assessing the operation, 
49

•HR 3214 RH 

1 utility, or costs of section 3600 of title 18, United 

2 States Code, as added by this Act, and any rec3 ommendations the Attorney General may have relat4 ing to future legislative action concerning that sec5 tion. 

6 (c) EFFECTIVE DATE; APPLICABILITY.—This section 

7 and the amendments made by this section shall take effect 

8 on the date of enactment of this Act and shall apply with 

9 respect to any offense committed, and to any judgment of 

10 conviction entered, before, on, or after that date of enact11 ment. 

12 SEC. 312. KIRK BLOODSWORTH POST-CONVICTION DNA 

13 TESTING GRANT PROGRAM. 

14 (a) IN GENERAL.—The Attorney General shall estab15 lish the Kirk Bloodsworth Post-Conviction DNA Testing 

16 Grant Program to award grants to States to help defray 

17 the costs of post-conviction DNA testing. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

19 authorized to be appropriated $5,000,000 for each of fiscal 

20 years 2005 through 2009 to carry out this section. 

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

22 term ‘‘State’’ means a State of the United States, the Dis23 trict of Columbia, the Commonwealth of Puerto Rico, the 

24 United States Virgin Islands, American Samoa, Guam, 

25 and the Northern Mariana Islands. 
50

•HR 3214 RH 

1 SEC. 313. INCENTIVE GRANTS TO STATES TO ENSURE CON2 SIDERATION OF CLAIMS OF ACTUAL INNO3 CENCE. 

4 For each of fiscal years 2005 through 2009, all funds 

5 appropriated to carry out sections 203, 205, 207, and 312 

6 shall be reserved for grants to eligible entities that—

7 (1) meet the requirements under section 203, 

8 205, 207, or 312, as appropriate; and 

9 (2) demonstrate that the State in which the eligi10 ble entity operates—

11 (A) provides post-conviction DNA testing of 

12 specified evidence—

13 (i) under a State statute enacted before 

14 the date of enactment of this Act (or ex15 tended or renewed after such date), to any 

16 person convicted after trial and under a 

17 sentence of imprisonment or death for a 

18 State offense, in a manner that ensures a 

19 meaningful process for resolving a claim of 

20 actual innocence; or 

21 (ii) under a State statute enacted after 

22 the date of enactment of this Act, or under 

23 a State rule, regulation, or practice, to any 

24 person under a sentence of imprisonment or 

25 death for a State offense, in a manner com26 parable to section 3600(a) of title 18, 
51

•HR 3214 RH 

1 United States Code (provided that the State 

2 statute, rule, regulation, or practice may 

3 make post-conviction DNA testing available 

4 in cases in which such testing is not re5 quired by such section), and if the results of 

6 such testing exclude the applicant, permits 

7 the applicant to apply for post-conviction 

8 relief, notwithstanding any provision of law 

9 that would otherwise bar such application 

10 as untimely; and 

11 (B) preserves biological evidence secured in 

12 relation to the investigation or prosecution of a 

13 State offense—

14 (i) under a State statute or a State or 

15 local rule, regulation, or practice, enacted or 

16 adopted before the date of enactment of this 

17 Act (or extended or renewed after such 

18 date), in a manner that ensures that rea19 sonable measures are taken by all jurisdic20 tions within the State to preserve such evi21 dence; or 

22 (ii) under a State statute or a State or 

23 local rule, regulation, or practice, enacted or 

24 adopted after the date of enactment of this 
52

•HR 3214 RH 

1 Act, in a manner comparable to section 

2 3600A of title 18, United States Code, if—

3 (I) all jurisdictions within the 

4 State comply with this requirement; 

5 and 

6 (II) such jurisdictions may pre7 serve such evidence for longer than the 

8 period of time that such evidence 

9 would be required to be preserved 

10 under such section 3600A. 

11 Subtitle B—Improving the Quality 

12 of Representation in State Cap13 ital Cases 

14 SEC. 321. CAPITAL REPRESENTATION IMPROVEMENT 

15 GRANTS. 

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

17 grants to States for the purpose of improving the quality 

18 of legal representation provided to indigent defendants in 

19 State capital cases. 

20 (b) DEFINED TERM.—In this section, the term ‘‘legal 

21 representation’’ means legal counsel and investigative, ex22 pert, and other services necessary for competent representa23 tion. 

24 (c) USE OF FUNDS.—Grants awarded under sub25 section (a)—
53

•HR 3214 RH 

1 (1) shall be used to establish, implement, or im2 prove an effective system for providing competent 

3 legal representation to—

4 (A) indigents charged with an offense sub5 ject to capital punishment; 

6 (B) indigents who have been sentenced to 

7 death and who seek appellate or collateral relief 

8 in State court; and 

9 (C) indigents who have been sentenced to 

10 death and who seek review in the Supreme Court 

11 of the United States; and 

12 (2) shall not be used to fund, directly or indi13 rectly, representation in specific capital cases. 

14 (d) EFFECTIVE SYSTEM.—As used in subsection (c)(1), 

15 an effective system for providing competent legal represen16 tation is a system that—

17 (1) invests the responsibility for identifying and 

18 appointing qualified attorneys to represent indigents 

19 in capital cases in—

20 (A) a public defender program that relies on 

21 staff attorneys, members of the private bar, or 

22 both, to provide representation in capital cases; 

23 or 

24 (B) an entity established by statute or by 

25 the highest State court with jurisdiction in 
54

•HR 3214 RH 

1 criminal cases, which is composed of individuals 

2 with demonstrated knowledge and expertise in 

3 capital representation; and 

4 (2) requires the entity described in paragraph 

5 (1) to—

6 (A) establish qualifications for attorneys 

7 who may be appointed to represent indigents in 

8 capital cases; 

9 (B) establish and maintain a roster of 

10 qualified attorneys; 

11 (C) assign 2 attorneys from the roster to 

12 represent an indigent in a capital case, or pro13 vide the trial judge a list of not more than 2 

14 pairs of attorneys from the roster, from which 1 

15 pair shall be assigned, provided that, in any case 

16 in which the State elects not to seek the death 

17 penalty, a court may find, subject to any re18 quirement of State law, that a second attorney 

19 need not remain assigned to represent the indi20 gent to ensure competent representation; 

21 (D) conduct, sponsor, or approve specialized 

22 training programs for attorneys representing de23 fendants in capital cases; 

24 (E) monitor the performance of attorneys 

25 who are appointed and their attendance at 
55

•HR 3214 RH 

1 training programs, and remove from the roster 

2 attorneys who fail to deliver effective representa3 tion or who fail to comply with such require4 ments as the entity may establish regarding par5 ticipation in training programs; and 

6 (F) ensure funding for the full cost of com7 petent legal representation by the defense team 

8 and outside experts selected by counsel, who shall 

9 be compensated as follows: 

10 (i) Attorneys employed by a public de11 fender program shall be compensated ac12 cording to a salary scale that is commensu13 rate with the salary scale of the prosecutor’s 

14 office in the jurisdiction. 

15 (ii) Appointed attorneys shall be com16 pensated for actual time and service, com17 puted on an hourly basis and at a reason18 able hourly rate in light of the qualifica19 tions and experience of the attorney and the 

20 local market for legal representation in 

21 cases reflecting the complexity and responsi22 bility of capital cases. 

23 (iii) Non-attorney members of the de24 fense team, including investigators, mitiga25 tion specialists, and experts, shall be com-
56

•HR 3214 RH 

1 pensated at a rate that reflects the special2 ized skills needed by those who assist coun3 sel with the litigation of death penalty 

4 cases. 

5 (iv) Attorney and non-attorney mem6 bers of the defense team shall be reimbursed 

7 for reasonable incidental expenses. 

8 SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 

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

10 grants to States for the purpose of improving the represen11 tation of the public in State capital cases. 

12 (b) USE OF FUNDS.—

13 (1) PERMITTED USES.—Grants awarded under 

14 subsection (a) shall be used for one or more of the fol15 lowing: 

16 (A) To design and implement training pro17 grams for State and local prosecutors to ensure 

18 effective representation in State capital cases. 

19 (B) To develop and implement appropriate 

20 standards and qualifications for State and local 

21 prosecutors who litigate State capital cases. 

22 (C) To assess the performance of State and 

23 local prosecutors who litigate State capital cases, 

24 provided that such assessment shall not include 
57

•HR 3214 RH 

1 participation by the assessor in the trial of any 

2 specific capital case. 

3 (D) To identify and implement any poten4 tial legal reforms that may be appropriate to 

5 minimize the potential for error in the trial of 

6 capital cases. 

7 (E) To establish a program under which 

8 State and local prosecutors conduct a systematic 

9 review of cases in which a death sentence was 

10 imposed in order to identify cases in which post11 conviction DNA testing may be appropriate. 

12 (F) To provide support and assistance to 

13 the families of murder victims. 

14 (2) PROHIBITED USE.—Grants awarded under 

15 subsection (a) shall not be used to fund, directly or 

16 indirectly, the prosecution of specific capital cases. 

17 SEC. 323. APPLICATIONS. 

18 (a) IN GENERAL.—The Attorney General shall estab19 lish a process through which a State may apply for a grant 

20 under this subtitle. 

21 (b) APPLICATION.—

22 (1) IN GENERAL.—A State desiring a grant 

23 under this subtitle shall submit an application to the 

24 Attorney General at such time, in such manner, and
58

•HR 3214 RH 

1 containing such information as the Attorney General 

2 may reasonably require. 

3 (2) CONTENTS.—Each application submitted 

4 under paragraph (1) shall contain—

5 (A) a certification by an appropriate officer 

6 of the State that the State authorizes capital 

7 punishment under its laws and conducts, or will 

8 conduct, prosecutions in which capital punish9 ment is sought; 

10 (B) a description of the communities to be 

11 served by the grant, including the nature of ex12 isting capital defender services and capital pros13 ecution programs within such communities; 

14 (C) a long-term statewide strategy and de15 tailed implementation plan that—

16 (i) reflects consultation with the judici17 ary, the organized bar, and State and local 

18 prosecutor and defender organizations; and 

19 (ii) establishes as a priority improve20 ment in the quality of trial-level representa21 tion of indigents charged with capital 

22 crimes and trial-level prosecution of capital 

23 crimes; and 

24 (D) assurances that Federal funds received 

25 under this subtitle shall be—
59

•HR 3214 RH 

1 (i) used to supplement and not sup2 plant non-Federal funds that would other3 wise be available for activities funded under 

4 this subtitle; and 

5 (ii) allocated equally between the uses 

6 described in section 321 and the uses de7 scribed in section 322. 

8 SEC. 324. STATE REPORTS. 

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

10 this subtitle shall submit an annual report to the Attorney 

11 General that—

12 (1) identifies the activities carried out with such 

13 funds; and 

14 (2) explains how each activity complies with the 

15 terms and conditions of the grant. 

16 (b) CAPITAL REPRESENTATION IMPROVEMENT

17 GRANTS.—With respect to the funds provided under section 

18 321, a report under subsection (a) shall include—

19 (1) an accounting of all amounts expended; 

20 (2) an explanation of the means by which the 

21 State—

22 (A) invests the responsibility for identifying 

23 and appointing qualified attorneys to represent 

24 indigents in capital cases in an entity described 

25 in section 321(d)(1); and 
60

•HR 3214 RH 

1 (B) requires the entity described in section 

2 321(d)(1) to—

3 (i) establish qualifications for attor4 neys who may be appointed to represent 

5 indigents in capital cases in accordance 

6 with section 321(d)(2)(A); 

7 (ii) establish and maintain a roster of 

8 qualified attorneys in accordance with sec9 tion 321(d)(2)(B); 

10 (iii) assign attorneys from the roster in 

11 accordance with section 321(d)(2)(C); 

12 (iv) conduct, sponsor, or approve spe13 cialized training programs for attorneys 

14 representing defendants in capital cases in 

15 accordance with section 321(d)(2)(D); 

16 (v) monitor the performance and train17 ing program attendance of appointed attor18 neys, and remove from the roster attorneys 

19 who fail to deliver effective representation or 

20 fail to comply with such requirements as the 

21 entity may establish regarding participa22 tion in training programs, in accordance 

23 with section 321(d)(2)(E); and 

24 (vi) ensure funding for the full cost of 

25 competent legal representation by the de-
61

•HR 3214 RH 

1 fense team and outside experts selected by 

2 counsel, in accordance with section 

3 321(d)(2)(F), including a statement setting 

4 forth—

5 (I) if the State employs a public 

6 defender program under section 

7 321(d)(1)(A), the salaries received by 

8 the attorneys employed by such pro9 gram and the salaries received by at10 torneys in the prosecutor’s office in the 

11 jurisdiction; 

12 (II) if the State employs ap13 pointed attorneys under section 

14 321(d)(1)(B), the hourly fees received 

15 by such attorneys for actual time and 

16 service and the basis on which the 

17 hourly rate was calculated; 

18 (III) the amounts paid to non-at19 torney members of the defense team, 

20 and the basis on which such amounts 

21 were determined; and 

22 (IV) the amounts for which attor23 ney and non-attorney members of the 

24 defense team were reimbursed for rea25 sonable incidental expenses; and 
62

•HR 3214 RH 

1 (3) a statement confirming that the funds have 

2 not been used to fund representation in specific cap3 ital cases or to supplant non-Federal funds. 

4 (c) CAPITAL PROSECUTION IMPROVEMENT GRANTS.—

5 With respect to the funds provided under section 322, a re6 port under subsection (a) shall include—

7 (1) an accounting of all amounts expended; 

8 (2) a description of the means by which the State 

9 has—

10 (A) designed and established training pro11 grams for State and local prosecutors to ensure 

12 effective representation in State capital cases in 

13 accordance with section 322(b)(1)(A); 

14 (B) developed and implemented appropriate 

15 standards and qualifications for State and local 

16 prosecutors who litigate State capital cases in 

17 accordance with section 322(b)(1)(B); 

18 (C) assessed the performance of State and 

19 local prosecutors who litigate State capital cases 

20 in accordance with section 322(b)(1)(C); 

21 (D) identified and implemented any poten22 tial legal reforms that may be appropriate to 

23 minimize the potential for error in the trial of 

24 capital cases in accordance with section 

25 322(b)(1)(D);
63

•HR 3214 RH 

1 (E) established a program under which 

2 State and local prosecutors conduct a systematic 

3 review of cases in which a death sentence was 

4 imposed in order to identify cases in which post5 conviction DNA testing may be appropriate in 

6 accordance with section 322(b)(1)(E); and 

7 (F) provided support and assistance to the 

8 families of murder victims; and 

9 (3) a statement confirming that the funds have 

10 not been used to fund the prosecution of specific cap11 ital cases or to supplant non-Federal funds. 

12 (d) PUBLIC DISCLOSURE OF ANNUAL STATE RE13 PORTS.—The annual reports to the Attorney General sub14 mitted by any State under this section shall be made avail15 able to the public. 

16 SEC. 325. EVALUATIONS BY INSPECTOR GENERAL AND AD17 MINISTRATIVE REMEDIES. 

18 (a) EVALUATION BY INSPECTOR GENERAL.—

19 (1) IN GENERAL.—As soon as practicable after 

20 the end of the first fiscal year for which a State re21 ceives funds under a grant made under this title, the 

22 Inspector General of the Department of Justice (in 

23 this section referred to as the ‘‘Inspector General’’) 

24 shall—
64

•HR 3214 RH 

1 (A) after affording an opportunity for any 

2 person to provide comments on a report sub3 mitted under section 324, submit to Congress 

4 and to the Attorney General a report evaluating 

5 the compliance by the State with the terms and 

6 conditions of the grant; and 

7 (B) if the Inspector General concludes that 

8 the State is not in compliance with the terms 

9 and conditions of the grant, specify any defi10 ciencies and make recommendations for correc11 tive action. 

12 (2) PRIORITY.—In conducting evaluations under 

13 this subsection, the Inspector General shall give pri14 ority to States that the Inspector General determines, 

15 based on information submitted by the State and 

16 other comments provided by any other person, to be 

17 at the highest risk of noncompliance. 

18 (b) ADMINISTRATIVE REVIEW.—

19 (1) COMMENT.—Upon receiving the report under 

20 subsection (a)(1), the Attorney General shall provide 

21 the State with an opportunity to comment regarding 

22 the findings and conclusions of the report. 

23 (2) CORRECTIVE ACTION PLAN.—If the Attorney 

24 General, after reviewing the report under subsection 

25 (a)(1), determines that a State is not in compliance 
65

•HR 3214 RH 

1 with the terms and conditions of the grant, the Attor2 ney General shall consult with the appropriate State 

3 authorities to enter into a plan for corrective action. 

4 If the State does not agree to a plan for corrective ac5 tion that has been approved by the Attorney General 

6 within 90 days after the submission of the report 

7 under subsection (a)(1), the Attorney General shall, 

8 within 30 days, direct the State to take corrective ac9 tion to bring the State into compliance. 

10 (3) REPORT TO CONGRESS.—Not later than 90 

11 days after the earlier of the implementation of a cor12 rective action plan or a directive to implement such 

13 a plan under paragraph (2), the Attorney General 

14 shall submit a report to Congress as to whether the 

15 State has taken corrective action and is in compli16 ance with the terms and conditions of the grant. 

17 (c) PENALTIES FOR NONCOMPLIANCE.—If the State 

18 fails to take the prescribed corrective action under sub19 section (b) and is not in compliance with the terms and 

20 conditions of the grant, the Attorney General shall dis21 continue all further funding under sections 321 and 322 

22 and require the State to return the funds granted under 

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

24 shall prevent a State which has been subject to penalties 
66

•HR 3214 RH 

1 for noncompliance from reapplying for a grant under this 

2 subtitle in another fiscal year. 

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

4 the Inspector General shall periodically review the compli5 ance of each State with the terms and conditions of the 

6 grant. 

7 (e) ADMINISTRATIVE COSTS.—Not less than 2.5 per8 cent of the funds appropriated to carry out this subtitle for 

9 each of fiscal years 2005 through 2009 shall be made avail10 able to the Inspector General for purposes of carrying out 

11 this section. Such sums shall remain available until ex12 pended. 

13 SEC. 326. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) AUTHORIZATION FOR GRANTS.—There are author15 ized to be appropriated $100,000,000 for each of fiscal years 

16 2005 through 2009 to carry out this subtitle. 

17 (b) RESTRICTION ON USE OF FUNDS TO ENSURE

18 EQUAL ALLOCATION.—Each State receiving a grant under 

19 this subtitle shall allocate the funds equally between the uses 

20 described in section 321 and the uses described in section 

21 322. 
67

•HR 3214 RH 

1 Subtitle C—Compensation for the 

2 Wrongfully Convicted 

3 SEC. 331. INCREASED COMPENSATION IN FEDERAL CASES 

4 FOR THE WRONGFULLY CONVICTED. 

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

6 amended by striking ‘‘exceed the sum of $5,000’’ and insert7 ing ‘‘exceed $100,000 for each 12-month period of incarcer8 ation for any plaintiff who was unjustly sentenced to death 

9 and $50,000 for each 12-month period of incarceration for 

10 any other plaintiff’’. 

11 SEC. 332. SENSE OF CONGRESS REGARDING COMPENSA12 TION IN STATE DEATH PENALTY CASES. 

13 It is the sense of Congress that States should provide 

14 reasonable compensation to any person found to have been 

15 unjustly convicted of an offense against the State and sen16 tenced to death.
Union Calendar No. 194

108TH CONGRESS 

1ST SESSION H. R. 3214

[Report No. 108–321, Part I] 

A BILL

To eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing 

capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel in State capital cases, and for other purposes. 

OCTOBER 16, 2003

Reported from the Committee on the Judiciary with an 

amendment 

OCTOBER 16, 2003

Referral to the Committee on Armed Services extended 

for a period ending not later than October 16, 2003

OCTOBER 16, 2003

Committee on Armed Services discharged; committed to 

the Committee of the Whole House on the State of the Union and ordered to be printed