108TH CONGRESS

1ST SESSION H. R. 3214

AN ACT

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 developmentof new DNA testing technologies, to develop newtraining programs regarding the collection anduse of DNA evidence, to provide post-convictiontesting of DNA evidence to exonerate the innocent, to improve the performance of counsel inState capital cases, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 3214

AN ACT

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Advancing Justice Through DNA Technology Act of

4 2003’’.

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

6 this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—DEBBIE SMITH 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. National Forensic Science Commission.

Sec. 207. FBI DNA programs.

Sec. 208. DNA identification of missing persons.

Sec. 209. Enhanced criminal penalties for unauthorized disclosure or use of

DNA information.

Sec. 210. Tribal coalition grants.

Sec. 211. Expansion of Paul Coverdell Forensic Science Improvement Grant

Program.

Sec. 212. 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.
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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.

1 TITLE I—DEBBIE SMITH ACT OF

2 2003

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Debbie Smith Act of

5 2003’’.

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

7 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

8 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the

9 DNA Analysis Backlog Elimination Act of 2000 (42

10 U.S.C. 14135) is amended—

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

12 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO13 GRAM.’’;

14 (2) in subsection (a)—

15 (A) in the matter preceding paragraph

16 (1)—

17 (i) by inserting ‘‘or units of local gov18 ernment’’ after ‘‘eligible States’’; and

19 (ii) by inserting ‘‘or unit of local gov20 ernment’’ after ‘‘State’’;
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1 (B) in paragraph (2), by inserting before

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

3 samples from rape kits, samples from other sex4 ual assault evidence, and samples taken in cases

5 without an identified suspect’’; and

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

7 the State’’;

8 (3) in subsection (b)—

9 (A) in the matter preceding paragraph

10 (1)—

11 (i) by inserting ‘‘or unit of local gov12 ernment’’ after ‘‘State’’ both places that

13 term appears; and

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

15 Attorney General’’ after ‘‘application

16 shall’’;

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

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

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

20 of local government’’ after ‘‘State’’ the first

21 place that term appears;

22 (D) in paragraph (4)—

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

25 (ii) by striking ‘‘and’’ at the end;
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1 (E) in paragraph (5)—

2 (i) by inserting ‘‘or unit of local gov3 ernment’’ after ‘‘State’’; and

4 (ii) by striking the period at the end

5 and inserting a semicolon; and

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

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

8 certify that the unit of local government has taken,

9 or is taking, all necessary steps to ensure that it is

10 eligible to include, directly or through a State law

11 enforcement agency, all analyses of samples for

12 which it has requested funding in the Combined

13 DNA Index System; and’’;

14 (4) in subsection (d)—

15 (A) in paragraph (1)—

16 (i) in the matter preceding subpara17 graph (A), by striking ‘‘The plan’’ and in18 serting ‘‘A plan pursuant to subsection

19 (b)(1)’’;

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

21 ‘‘within the State’’; and

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

23 ‘‘within the State’’; and

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

25 units of local government’’ after ‘‘States’’;
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1 (5) in subsection (e)—

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

3 government’’ after ‘‘State’’ both places that

4 term appears; and

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

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

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

8 paragraph (1), by inserting ‘‘or unit of local govern9 ment’’ after ‘‘State’’;

10 (7) in subsection (g)—

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

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

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

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

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

16 local government’’ after ‘‘State’’ both places that

17 term appears.

18 (b) REAUTHORIZATION AND EXPANSION OF PRO19 GRAM.—Section 2 of the DNA Analysis Backlog Elimi20 nation Act of 2000 (42 U.S.C. 14135) is amended—

21 (1) in subsection (a)—

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

23 before ‘‘(2)’’; and

24 (B) by inserting at the end the following:
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1 ‘‘(4) To collect DNA samples specified in para2 graph (1).

3 ‘‘(5) To ensure that DNA testing and analysis

4 of samples from crimes, including sexual assault and

5 other serious violent crimes, are carried out in a

6 timely manner.’’;

7 (2) in subsection (b), as amended by this sec8 tion, by inserting at the end the following:

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

10 the State or unit of local government shall use for

11 the purpose specified in subsection (a)(4).’’;

12 (3) by amending subsection (c) to read as fol13 lows:

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

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

16 distribute grant amounts, and establish appropriate

17 grant conditions under this section, in conformity

18 with a formula or formulas that are designed to ef19 fectuate a distribution of funds among eligible

20 States and units of local government that—

21 ‘‘(A) maximizes the effective utilization of

22 DNA technology to solve crimes and protect

23 public safety; and

24 ‘‘(B) allocates grants among eligible enti25 ties fairly and efficiently to address jurisdic-
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1 tions in which significant backlogs exist, by

2 considering—

3 ‘‘(i) the number of offender and case4 work samples awaiting DNA analysis in a

5 jurisdiction;

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

7 and

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

9 crimes in the jurisdiction.

10 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen11 eral shall allocate to each State not less than 0.50

12 percent of the total amount appropriated in a fiscal

13 year for grants under this section, except that the

14 United States Virgin Islands, American Samoa,

15 Guam, and the Northern Mariana Islands shall each

16 be allocated 0.125 percent of the total appropriation.

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

18 under paragraph (1) shall be awarded to conduct

19 DNA analyses of samples from casework or from

20 victims of crime under subsection (a)(2) in accord21 ance with the following limitations:

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

23 percent of the grant amounts shall be awarded

24 for purposes under subsection (a)(2).
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1 ‘‘(B) For fiscal year 2006, not less than

2 50 percent of the grant amounts shall be

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

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

5 percent of the grant amounts shall be awarded

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

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

8 40 percent of the grant amounts shall be

9 awarded for purposes under subsection (a)(2).

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

11 percent of the grant amounts shall be awarded

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

13 (4) in subsection (g)—

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

15 the end;

16 (B) in paragraph (2), by striking the pe17 riod at the end and inserting ‘‘; and’’; and

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

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

20 awarding grants among eligible States and units of

21 local government, and how such plan will ensure the

22 effective use of DNA technology to solve crimes and

23 protect public safety.’’;

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

25 and (2) and inserting the following:
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1 ‘‘(1) $151,000,000 for fiscal year 2005;

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

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

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

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

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

7 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU8 DITS.—The Attorney General may distribute not more

9 than 1 percent of the grant amounts under subsection

10 (j)—

11 ‘‘(1) to States or units of local government to

12 defray the costs incurred by laboratories operated by

13 each such State or unit of local government in pre14 paring for accreditation or reaccreditation;

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

16 units of local government, or nonprofit professional

17 organizations of persons actively involved in forensic

18 science and nationally recognized within the forensic

19 science community—

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

21 of laboratories operated by such State or unit

22 of local government, which participates in the

23 National DNA Index System, to determine

24 whether the laboratory is in compliance with

25 quality assurance standards;
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1 ‘‘(B) to assess compliance with any plans

2 submitted to the National Institute of Justice,

3 which detail the use of funds received by States

4 or units of local government under this Act;

5 and

6 ‘‘(C) to support future capacity building

7 efforts; and

8 ‘‘(3) in the form of additional grants to non9 profit professional associations actively involved in

10 forensic science and nationally recognized within the

11 forensic science community to defray the costs of

12 training persons who conduct external audits of lab13 oratories operated by States and units of local gov14 ernment and which participate in the National DNA

15 Index System.

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

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

18 of local government which has received funds under this

19 Act has undergone an external audit conducted to deter20 mine whether the laboratory is in compliance with stand21 ards established by the Director of the Federal Bureau

22 of Investigation, and, as a result of such audit, identifies

23 measures to remedy deficiencies with respect to the com24 pliance by the laboratory with such standards, the State
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1 or unit of local government shall implement any such re2 mediation as soon as practicable.’’.

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

4 (a) INCLUSION OF ALL DNA SAMPLES FROM

5 STATES.—Section 210304 of the DNA Identification Act

6 of 1994 (42 U.S.C. 14132) is amended—

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

8 convicted of crimes;’’ and inserting the following:

9 ‘‘of—

10 ‘‘(A) persons convicted of crimes;

11 ‘‘(B) persons who have been indicted or

12 who have waived indictment for a crime; and

13 ‘‘(C) other persons whose DNA samples

14 are collected under applicable legal authorities,

15 provided that DNA profiles from arrestees who

16 have not been indicted and DNA samples that

17 are voluntarily submitted solely for elimination

18 purposes shall not be included in the Combined

19 DNA Index System;’’; and

20 (2) in subsection (d)(2)—

21 (A) by striking ‘‘if the responsible agency’’

22 and inserting‘‘if—

23 ‘‘(i) the responsible agency’’;

24 (B) by striking the period at the end and

25 inserting ‘‘; or’’; and
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1 (C) by adding at the end the following:

2 ‘‘(ii) the person has not been convicted of

3 an offense on the basis of which that analysis

4 was or could have been included in the index,

5 and all charges for which the analysis was or

6 could have been included in the index have been

7 dismissed or resulted in acquittal.’’.

8 (b) FELONS CONVICTED OF FEDERAL CRIMES.—

9 Section 3(d) of the DNA Analysis Backlog Elimination

10 Act of 2000 (42 U.S.C. 14135a(d)) is amended to read

11 as follows:

12 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of13 fenses that shall be treated for purposes of this section

14 as qualifying Federal offenses are the following offenses,

15 as determined by the Attorney General:

16 ‘‘(1) Any felony.

17 ‘‘(2) Any offense under chapter 109A of title

18 18, United States Code.

19 ‘‘(3) Any crime of violence (as that term is de20 fined in section 16 of title 18, United States Code).

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

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

23 (c) MILITARY OFFENSES.—Section 1565(d) of title

24 10, United States Code, is amended to read as follows:
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1 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The of2 fenses that shall be treated for purposes of this section

3 as qualifying military offenses are the following offenses,

4 as determined by the Secretary of Defense, in consultation

5 with the Attorney General:

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

7 Military Justice for which a sentence of confinement

8 for more than one year may be imposed.

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

10 of Military Justice that is comparable to a qualifying

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

12 the DNA Analysis Backlog Elimination Act of 2000

13 (42 U.S.C. 14135a(d))).’’.

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

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

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

17 at the end the following new subsection:

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

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

20 that any person who is authorized to access the

21 index described in subsection (a) for purposes of in22 cluding information on DNA identification records

23 or DNA analyses in that index may also access that

24 index for purposes of carrying out a one-time key25 board search on information obtained from any
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1 DNA sample lawfully collected for a criminal justice

2 purpose except for a DNA sample voluntarily sub3 mitted solely for elimination purposes.

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

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

6 under which information obtained from a DNA sam7 ple is compared with information in the index with8 out resulting in the information obtained from a

9 DNA sample being included in the index.

10 ‘‘(3) NO PREEMPTION.—This subsection shall

11 not be construed to preempt State law.’’.

12 SEC. 104. TOLLING OF STATUTE OF LIMITATIONS.

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

14 States Code, is amended by adding at the end the fol15 lowing:

16 ‘‘§ 3297. Cases involving DNA evidence

17 ‘‘In a case in which DNA testing implicates an identi18 fied person in the commission of a felony, no statute of

19 limitations that would otherwise preclude prosecution of

20 the offense shall preclude such prosecution until a period

21 of time following the implication of the person by DNA

22 testing has elapsed that is equal to the otherwise applica23 ble limitation period.’’.
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1 (b) CLERICAL AMENDMENT.—The table of sections

2 for chapter 213 of title 18, United States Code, is amend3 ed by adding at the end the following:

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

4 (c) APPLICATION.—The amendments made by this

5 section shall apply to the prosecution of any offense com6 mitted before, on, or after the date of the enactment of

7 this section if the applicable limitation period has not yet

8 expired.

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

10 Section 1201 of the Violence Against Women Act of

11 2000 (42 U.S.C. 3796gg–6) is amended—

12 (1) in subsection (a), by inserting ‘‘dating vio13 lence,’’ after ‘‘domestic violence,’’;

14 (2) in subsection (b)—

15 (A) by redesignating paragraphs (1)

16 through (3) as paragraphs (2) through (4), re17 spectively;

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

19 redesignated by subparagraph (A), the fol20 lowing:

21 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio22 lence’ means violence committed by a person who is

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

24 intimate nature with the victim. The existence of
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1 such a relationship shall be determined based on a

2 consideration of—

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

4 ‘‘(B) the type of relationship; and

5 ‘‘(C) the frequency of interaction between

6 the persons involved in the relationship.’’; and

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

8 subparagraph (A), by inserting ‘‘dating vio9 lence,’’ after ‘‘domestic violence,’’;

10 (3) in subsection (c)—

11 (A) in paragraph (1)—

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

13 after ‘‘between domestic violence’’; and

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

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

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

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

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

19 violence,’’ after ‘‘domestic violence,’’;

20 (4) in subsection (d)—

21 (A) in paragraph (1), by inserting ‘‘, dat22 ing violence,’’ after ‘‘domestic violence’’;

23 (B) in paragraph (2), by inserting ‘‘, dat24 ing violence,’’ after ‘‘domestic violence’’;
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1 (C) in paragraph (3), by inserting ‘‘, dat2 ing violence,’’ after ‘‘domestic violence’’; and

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

4 violence,’’ after ‘‘domestic violence,’’;

5 (5) in subsection (e), by inserting ‘‘dating vio6 lence,’’ after ‘‘domestic violence,’’; and

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

8 violence,’’ after ‘‘domestic violence,’’.

9 SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN

10 ELIMINATING DNA BACKLOG.

11 Section 2(d)(3) of the DNA Analysis Backlog Elimi12 nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended

13 to read as follows:

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

15 CERTAIN PURPOSES.—

16 ‘‘(A) IN GENERAL.—A grant for the pur17 poses specified in paragraph (1), (2), or (5) of

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

19 voucher or contract for laboratory services.

20 ‘‘(B) REDEMPTION.—A voucher or con21 tract under subparagraph (A) may be redeemed

22 at a laboratory operated by a private entity that

23 satisfies quality assurance standards and has

24 been approved by the Attorney General.
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1 ‘‘(C) PAYMENTS.—The Attorney General

2 may use amounts authorized under subsection

3 (j) to make payments to a laboratory described

4 under subparagraph (B).’’.

5 TITLE II—DNA SEXUAL ASSAULT

6 JUSTICE ACT OF 2003

7 SEC. 201. SHORT TITLE.

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

9 Justice Act of 2003’’.

10 SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLI11 ANCE WITH FEDERAL STANDARDS.

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

13 of 1994 (42 U.S.C. 14132(b)(2)) is amended to read as

14 follows:

15 ‘‘(2) prepared by laboratories that—

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

17 of enactment of the DNA Sexual Assault Jus18 tice Act of 2003, have been accredited by a

19 nonprofit professional association of persons ac20 tively involved in forensic science that is nation21 ally recognized within the forensic science com22 munity; and

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

24 once every 2 years, that demonstrate compli-
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1 ance with standards established by the Director

2 of the Federal Bureau of Investigation; and’’.

3 SEC. 203. DNA TRAINING AND EDUCATION FOR LAW EN4 FORCEMENT, CORRECTIONAL PERSONNEL,

5 AND COURT OFFICERS.

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

7 grants to eligible entities to provide training, technical as8 sistance, education, and information relating to the identi9 fication, collection, preservation, analysis, and use of DNA

10 samples and DNA evidence.

11 (b) ELIGIBLE ENTITY.—For purposes of subsection

12 (a), an eligible entity is an organization consisting of, com13 prised of, or representing—

14 (1) law enforcement personnel, including police

15 officers and other first responders, evidence techni16 cians, investigators, and others who collect or exam17 ine evidence of crime;

18 (2) court officers, including State and local

19 prosecutors, defense lawyers, and judges;

20 (3) forensic science professionals; and

21 (4) corrections personnel, including prison and

22 jail personnel, and probation, parole, and other offi23 cers involved in supervision.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated $12,500,000 for each
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1 of fiscal years 2005 through 2009 to carry out this sec2 tion.

3 SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM

4 GRANTS.

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

6 grants to eligible entities to provide training, technical as7 sistance, education, equipment, and information relating

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

9 use of DNA samples and DNA evidence by medical per10 sonnel and other personnel, including doctors, medical ex11 aminers, coroners, nurses, victim service providers, and

12 other professionals involved in treating victims of sexual

13 assault and sexual assault examination programs, includ14 ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex15 ual Assault Forensic Examiner), and SART (Sexual As16 sault Response Team).

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

18 the term ‘‘eligible entity’’ includes—

19 (1) States;

20 (2) units of local government; and

21 (3) sexual assault examination programs,

22 including—

23 (A) sexual assault nurse examiner (SANE)

24 programs;
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1 (B) sexual assault forensic examiner

2 (SAFE) programs;

3 (C) sexual assault response team (SART)

4 programs;

5 (D) State sexual assault coalitions;

6 (E) medical personnel, including doctors,

7 medical examiners, coroners, and nurses, in8 volved in treating victims of sexual assault; and

9 (F) victim service providers involved in

10 treating victims of sexual assault.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated $30,000,000 for each

13 of fiscal years 2005 through 2009 to carry out this sec14 tion.

15 SEC. 205. DNA RESEARCH AND DEVELOPMENT.

16 (a) IMPROVING DNA TECHNOLOGY.—The Attorney

17 General shall make grants for research and development

18 to improve forensic DNA technology, including increasing

19 the identification accuracy and efficiency of DNA analysis,

20 decreasing time and expense, and increasing portability.

21 (b) DEMONSTRATION PROJECTS.—The Attorney

22 General shall make grants to appropriate entities under

23 which research is carried out through demonstration

24 projects involving coordinated training and commitment of

25 resources to law enforcement agencies and key criminal
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1 justice participants to demonstrate and evaluate the use

2 of forensic DNA technology in conjunction with other fo3 rensic tools. The demonstration projects shall include sci4 entific evaluation of the public safety benefits, improve5 ments to law enforcement operations, and cost-effective6 ness of increased collection and use of DNA evidence.

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated $15,000,000 for each

9 of fiscal years 2005 through 2009 to carry out this sec10 tion.

11 SEC. 206. NATIONAL FORENSIC SCIENCE COMMISSION.

12 (a) APPOINTMENT.—The Attorney General shall ap13 point a National Forensic Science Commission (in this

14 section referred to as the ‘‘Commission’’), composed of

15 persons experienced in criminal justice issues, including

16 persons from the forensic science and criminal justice

17 communities, to carry out the responsibilities under sub18 section (b).

19 (b) RESPONSIBILITIES.—The Commission shall—

20 (1) assess the present and future resource

21 needs of the forensic science community;

22 (2) make recommendations to the Attorney

23 General for maximizing the use of forensic tech24 nologies and techniques to solve crimes and protect

25 the public;
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1 (3) identify potential scientific advances that

2 may assist law enforcement in using forensic tech3 nologies and techniques to protect the public;

4 (4) make recommendations to the Attorney

5 General for programs that will increase the number

6 of qualified forensic scientists available to work in

7 public crime laboratories;

8 (5) disseminate, through the National Institute

9 of Justice, best practices concerning the collection

10 and analyses of forensic evidence to help ensure

11 quality and consistency in the use of forensic tech12 nologies and techniques to solve crimes and protect

13 the public;

14 (6) examine additional issues pertaining to fo15 rensic science as requested by the Attorney General;

16 (7) examine Federal, State, and local privacy

17 protection statutes, regulations, and practices relat18 ing to access to, or use of, stored DNA samples or

19 DNA analyses, to determine whether such protec20 tions are sufficient;

21 (8) make specific recommendations to the At22 torney General, as necessary, to enhance the protec23 tions described in paragraph (7) to ensure—

24 (A) the appropriate use and dissemination

25 of DNA information;
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1 (B) the accuracy, security, and confiden2 tiality of DNA information;

3 (C) the timely removal and destruction of

4 obsolete, expunged, or inaccurate DNA infor5 mation; and

6 (D) that any other necessary measures are

7 taken to protect privacy; and

8 (9) provide a forum for the exchange and dis9 semination of ideas and information in furtherance

10 of the objectives described in paragraphs (1) through

11 (8).

12 (c) PERSONNEL; PROCEDURES.—The Attorney Gen13 eral shall—

14 (1) designate the Chair of the Commission from

15 among its members;

16 (2) designate any necessary staff to assist in

17 carrying out the functions of the Commission; and

18 (3) establish procedures and guidelines for the

19 operations of the Commission.

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There

21 are authorized to be appropriated $500,000 for each of

22 fiscal years 2005 through 2009 to carry out this section.

23 SEC. 207. FBI DNA PROGRAMS.

24 (a) AUTHORIZATION OF APPROPRIATIONS.—There

25 are authorized to be appropriated to the Federal Bureau
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1 of Investigation $42,100,000 for each of fiscal years 2005

2 through 2009 to carry out the DNA programs and activi3 ties described under subsection (b).

4 (b) PROGRAMS AND ACTIVITIES.—The Federal Bu5 reau of Investigation may use any amounts appropriated

6 pursuant to subsection (a) for—

7 (1) nuclear DNA analysis;

8 (2) mitochondrial DNA analysis;

9 (3) regional mitochondrial DNA laboratories;

10 (4) the Combined DNA Index System;

11 (5) the Federal Convicted Offender DNA Pro12 gram; and

13 (6) DNA research and development.

14 SEC. 208. DNA IDENTIFICATION OF MISSING PERSONS.

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

16 grants to States and units of local government to promote

17 the use of forensic DNA technology to identify missing

18 persons and unidentified human remains.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated $2,000,000 for each of

21 fiscal years 2005 through 2009 to carry out this section.
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1 SEC. 209. ENHANCED CRIMINAL PENALTIES FOR UNAU2 THORIZED DISCLOSURE OR USE OF DNA IN3 FORMATION.

4 Section 10(c) of the DNA Analysis Backlog Elimi5 nation Act of 2000 (42 U.S.C. 14135e(c)) is amended to

6 read as follows:

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

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

9 any manner to any person not authorized to receive it,

10 or obtains or uses, without authorization, such sample or

11 result, shall be fined not more than $100,000. Each in12 stance of disclosure, obtaining, or use shall constitute a

13 separate offense under this subsection.’’.

14 SEC. 210. TRIBAL COALITION GRANTS.

15 (a) IN GENERAL.—Section 2001 of title I of the Om16 nibus Crime Control and Safe Streets Act of 1968 (42

17 U.S.C. 3796gg) is amended by adding at the end the fol18 lowing:

19 ‘‘(d) TRIBAL COALITION GRANTS.—

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

21 award grants to tribal domestic violence and sexual

22 assault coalitions for purposes of—

23 ‘‘(A) increasing awareness of domestic vio24 lence and sexual assault against Indian women;
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1 ‘‘(B) enhancing the response to violence

2 against Indian women at the tribal, Federal,

3 and State levels; and

4 ‘‘(C) identifying and providing technical

5 assistance to coalition membership and tribal

6 communities to enhance access to essential serv7 ices to Indian women victimized by domestic

8 and sexual violence.

9 ‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At10 torney General shall award grants under paragraph

11 (1) to—

12 ‘‘(A) established nonprofit, nongovern13 mental tribal coalitions addressing domestic vio14 lence and sexual assault against Indian women;

15 and

16 ‘‘(B) individuals or organizations that pro17 pose to incorporate as nonprofit, nongovern18 mental tribal coalitions to address domestic vio19 lence and sexual assault against Indian women.

20 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re21 ceipt of an award under this subsection by tribal do22 mestic violence and sexual assault coalitions shall

23 not preclude the coalition from receiving additional

24 grants under this title to carry out the purposes de25 scribed in subsection (b).’’.
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1 (b) TECHNICAL AMENDMENT.—Effective as of No2 vember 2, 2002, and as if included therein as enacted,

3 Public Law 107–273 (116 Stat. 1789) is amended in sec4 tion 402(2) by striking ‘‘sections 2006 through 2011’’ and

5 inserting ‘‘sections 2007 through 2011’’.

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

7 Control and Safe Streets Act of 1968 (as redesignated by

8 section 402(2) of Public Law 107–273, as amended by

9 subsection (b)) is amended by amending subsection (b)(4)

10 (42 U.S.C. 3796gg–1(b)(4)) to read as follows:

‘‘(4) 1 11 ⁄54 shall be available for grants under sec12 tion 2001(d);’’.

13 SEC. 211. EXPANSION OF PAUL COVERDELL FORENSIC

14 SCIENCES IMPROVEMENT GRANT PROGRAM.

15 (a) FORENSIC BACKLOG ELIMINATION GRANTS.—

16 Section 2804 of the Omnibus Crime Control and Safe

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

18 (1) in subsection (a)—

19 (A) by striking ‘‘shall use the grant to

20 carry out’’ and inserting ‘‘shall use the grant to

21 do any one or more of the following:

22 ‘‘(1) To carry out’’; and

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

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

25 forensic science evidence, including firearms exam-
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1 ination, latent prints, toxicology, controlled sub2 stances, forensic pathology, questionable documents,

3 and trace evidence.

4 ‘‘(3) To train, assist, and employ forensic lab5 oratory personnel, as needed, to eliminate such a

6 backlog.’’;

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

8 part’’ and inserting ‘‘for the purpose set forth in

9 subsection (a)(1)’’; and

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

11 ‘‘(e) BACKLOG DEFINED.—For purposes of this sec12 tion, a backlog in the analysis of forensic science evidence

13 exists if such evidence—

14 ‘‘(1) has been stored in a laboratory, medical

15 examiner’s office, coroner’s office, law enforcement

16 storage facility, or medical facility; and

17 ‘‘(2) has not been subjected to all appropriate

18 forensic testing because of a lack of resources or

19 personnel.’’.

20 (b) EXTERNAL AUDITS.—Section 2802 of the Omni21 bus Crime Control and Safe Streets Act of 1968 (42

22 U.S.C. 3797k) is amended—

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

24 end;
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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 con6 duct independent external investigations into allega7 tions of serious negligence or misconduct substan8 tially affecting the integrity of the forensic results

9 committed by employees or contractors of any foren10 sic laboratory system, medical examiner’s office,

11 coroner’s office, law enforcement storage facility, or

12 medical facility in the State that will receive a por13 tion of the grant amount.’’.

14 (c) THREE-YEAR EXTENSION OF AUTHORIZATION OF

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

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

17 3793(a)(24)) is amended—

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

19 the end;

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

21 at the end and inserting a semicolon; and

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

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

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

25 ‘‘(I) $20,000,000 for fiscal year 2009.’’.
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1 (d) TECHNICAL AMENDMENT.—Section 1001(a) of

2 such Act, as amended by subsection (c), is further amend3 ed by realigning paragraphs (24) and (25) so as to be

4 flush with the left margin.

5 SEC. 212. 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

16 for inclusion in the Combined DNA Index Sys17 tem (referred to in this subsection as

18 ‘‘CODIS’’);

19 (B) analyzing samples from crime scenes,

20 including evidence collected from sexual as21 saults and other serious violent crimes, and en22 tering such DNA analyses in CODIS; and

23 (C) increasing the capacity of forensic lab24 oratories to conduct DNA analyses;
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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

4 out;

5 (3) the distribution of grant amounts under this

6 Act among eligible States and local governments,

7 and whether the distribution of such funds has

8 served the purposes of the Debbie Smith DNA

9 Backlog Grant Program;

10 (4) grants awarded and the use of such grants

11 by eligible entities for DNA training and education

12 programs for law enforcement, correctional per13 sonnel, court officers, medical personnel, victim serv14 ice providers, and other personnel authorized under

15 sections 203 and 204;

16 (5) grants awarded and the use of such grants

17 by eligible entities to conduct DNA research and de18 velopment programs to improve forensic DNA tech19 nology, and implement demonstration projects under

20 section 205;

21 (6) the steps taken to establish the National

22 Forensic Science Commission, and the activities of

23 the Commission under section 206;

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

25 Investigation under section 207;
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1 (8) grants awarded and the use of such grants

2 by eligible entities to promote the use of forensic

3 DNA technology to identify missing persons and un4 identified human remains under section 208;

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

6 by eligible entities to eliminate forensic science

7 backlogs under the amendments made by section

8 211;

9 (10) State compliance with the requirements set

10 forth in section 313; and

11 (11) any other matters considered relevant by

12 the Attorney General.

13 TITLE III—INNOCENCE

14 PROTECTION ACT OF 2003

15 SEC. 301. SHORT TITLE.

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

17 Act of 2003’’.

18 Subtitle A—Exonerating the

19 Innocent Through DNA Testing

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

21 (a) FEDERAL CRIMINAL PROCEDURE.—

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

23 States Code, is amended by inserting after chapter

24 228 the following:
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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

7 this section as the ‘applicant’), the court that entered the

8 judgment of conviction shall order DNA testing of specific

9 evidence 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 ap13 plicant 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
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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

7 under State law to permit DNA test8 ing of the specified evidence relating

9 to the State 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 se16 cured in relation to the investigation or prosecution

17 of the Federal or State offense referenced in the ap18 plicant’s 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 Protec25 tion Act of 2003; or
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1 ‘‘(B) was previously subjected to DNA

2 testing and the applicant is requesting DNA

3 testing using a new method or technology that

4 is substantially more probative than the prior

5 DNA testing;

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

7 possession of the Government and has been subject

8 to a chain of custody and retained under conditions

9 sufficient to ensure that such evidence has not been

10 substituted, contaminated, tampered with, replaced,

11 or altered in any respect material to the proposed

12 DNA 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

21 of the applicant of the Federal or State offense

22 referenced in the applicant’s assertion under

23 paragraph (1);
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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

5 evidence—

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 ex10 cludes the applicant, would raise a reasonable

11 probability that the applicant did not commit

12 the offense;

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

17 purpose of demonstrating the applicant’s actual in18 nocence of the Federal or State offense, and not to

19 delay the execution of the sentence or the adminis20 tration of 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
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1 ‘‘(B) allow the Government a reasonable

2 time period to respond to the motion.

3 ‘‘(2) PRESERVATION ORDER.—To the extent

4 necessary to carry out proceedings under this sec5 tion, the court shall direct the Government to pre6 serve the specific evidence relating to a motion under

7 subsection (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 car15 ried 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
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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 sec6 tion shall be completed not later than 60 days after

7 the date on which the Government responds to the

8 motion 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

12 procedures under subsection (f) or (g), as appro13 priate.

14 ‘‘(e) REPORTING OF TEST RESULTS.—

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

16 testing ordered under this section shall be simulta17 neously disclosed to the court, the applicant, and the

18 Government.

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

20 test results relating to the DNA of the applicant to

21 the National DNA Index System (referred to in this

22 subsection as ‘NDIS’).

23 ‘‘(3) RETENTION OF DNA SAMPLE.—

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

25 results obtained under this section are inconclu-
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1 sive or show that the applicant was the source

2 of the DNA evidence, the DNA sample of the

3 applicant may be retained in NDIS.

4 ‘‘(B) MATCH WITH OTHER OFFENSE.—If

5 the DNA test results obtained under this sec6 tion exclude the applicant as the source of the

7 DNA evidence, and a comparison of the DNA

8 sample of the applicant results in a match be9 tween the DNA sample of the applicant and an10 other offense, the Attorney General shall notify

11 the appropriate agency and preserve the DNA

12 sample of the applicant.

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

14 obtained under this section exclude the appli15 cant as the source of the DNA evidence, and a

16 comparison of the DNA sample of the applicant

17 does not result in a match between the DNA

18 sample of the applicant and another offense,

19 the Attorney General shall destroy the DNA

20 sample of the applicant and ensure that such

21 information is not retained in NDIS if there is

22 no other legal authority to retain the DNA

23 sample of the applicant in NDIS.

24 ‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE

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

3 the court may order further testing, if appropriate,

4 or may deny the applicant relief.

5 ‘‘(2) INCULPATORY RESULTS.—If DNA test re6 sults obtained under this section show that the ap7 plicant was the source of the DNA evidence, the

8 court shall—

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

10 ‘‘(B) on motion of the Government—

11 ‘‘(i) make a determination whether

12 the applicant’s assertion of actual inno13 cence was false, and, if the court makes

14 such a finding, the court may hold the ap15 plicant 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

21 receipt of such a finding, may deny, wholly

22 or in part, the good conduct credit author23 ized under section 3632 on the basis of

24 that finding;
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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

8 a 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

18 NEW TRIAL OR RESENTENCING.—

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

20 that would bar a motion under this paragraph as

21 untimely, if DNA test results obtained under this

22 section exclude the applicant as the source of the

23 DNA evidence, the applicant may file a motion for

24 a new trial or resentencing, as appropriate. The

25 court shall establish a reasonable schedule for the
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1 applicant to file such a motion and for the Govern2 ment to respond to the motion.

3 ‘‘(2) STANDARD FOR GRANTING MOTION FOR

4 NEW TRIAL OR RESENTENCING.—The court shall

5 grant the motion of the applicant for a new trial or

6 resentencing, as appropriate, if the DNA test re7 sults, when considered with all other evidence in the

8 case (regardless of whether such evidence was intro9 duced at trial), establish by a preponderance of the

10 evidence that a new trial would result in an acquittal

11 of—

12 ‘‘(A) in the case of a motion for a new

13 trial, the Federal offense for which the appli14 cant is under a sentence of imprisonment or

15 death; and

16 ‘‘(B) in the case of a motion for resen17 tencing, another Federal or State offense, if—

18 ‘‘(i) such offense was legally necessary

19 to make the applicant eligible for a sen20 tence as a career offender under section

21 3559(e) or an armed career offender under

22 section 924(e), and exoneration of such of23 fense would entitle the applicant to a re24 duced sentence; or
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1 ‘‘(ii) evidence of such offense was ad2 mitted during a Federal death sentencing

3 hearing and exoneration of such offense

4 would entitle the applicant to a reduced

5 sentence or a new sentencing proceeding.

6 ‘‘(h) OTHER LAWS UNAFFECTED.—

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

8 this section shall affect the circumstances under

9 which a person may obtain DNA testing or post-con10 viction relief under any other law.

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

12 shall provide a basis for relief in any Federal habeas

13 corpus proceeding.

14 ‘‘(3) APPLICATION NOT A MOTION.—An appli15 cation under this section shall not be considered to

16 be a motion under section 2255 for purposes of de17 termining whether the application or any other mo18 tion is a second or successive motion under section

19 2255.

20 ‘‘§ 3600A. Preservation of biological evidence

21 ‘‘(a) IN GENERAL.—Notwithstanding any other pro22 vision of law, the Government shall preserve biological evi23 dence that was secured in the investigation or prosecution

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

25 of imprisonment for such offense.
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1 ‘‘(b) DEFINED TERM.—For purposes of this section,

2 the term ‘biological evidence’ means—

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

4 or

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

6 other identified biological material.

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

8 if—

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

10 DNA testing of the biological evidence by the de11 fendant under section 3600, and no appeal is pend12 ing;

13 ‘‘(2) the defendant knowingly and voluntarily

14 waived the right to request DNA testing of such evi15 dence in a court proceeding conducted after the date

16 of enactment of the Innocence Protection Act of

17 2003;

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

19 that the biological evidence may be destroyed and

20 the defendant does not file a motion under section

21 3600 within 180 days of receipt of the notice; or

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

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

24 character as to render retention impracticable; and
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1 ‘‘(B) the Government takes reasonable meas2 ures to remove and preserve portions of the material

3 evidence sufficient to permit future DNA testing.

4 ‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth5 ing in this section shall preempt or supersede any statute,

6 regulation, court order, or other provision of law that may

7 require evidence, including biological evidence, to be pre8 served.

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

10 the date of enactment of the Innocence Protection Act of

11 2003, the Attorney General shall promulgate regulations

12 to implement and enforce this section, including appro13 priate disciplinary sanctions to ensure that employees

14 comply with such regulations.

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

16 intentionally destroys, alters, or tampers with biological

17 evidence that is required to be preserved under this section

18 with the intent to prevent that evidence from being sub19 jected to DNA testing or prevent the production or use

20 of that evidence in an official proceeding, shall be fined

21 under this title, imprisoned for not more than 5 years,

22 or both.

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

24 provide a basis for relief in any Federal habeas corpus

25 proceeding.’’.
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1 (2) CLERICAL AMENDMENT.—The chapter anal2 ysis for part II of title 18, United States Code, is

3 amended by inserting after the item relating to

4 chapter 228 the following:

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

5 (b) SYSTEM FOR REPORTING MOTIONS.—

6 (1) ESTABLISHMENT.—The Attorney General

7 shall establish a system for reporting and tracking

8 motions filed in accordance with section 3600 of title

9 18, United States Code.

10 (2) OPERATION.—In operating the system es11 tablished under paragraph (1), the Federal courts

12 shall provide to the Attorney General any requested

13 assistance in operating such a system and in ensur14 ing the accuracy and completeness of information in15 cluded in that system.

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

17 date of enactment of this Act, the Attorney General

18 shall submit a report to Congress that contains—

19 (A) a list of motions filed under section

20 3600 of title 18, United States Code, as added

21 by this Act;

22 (B) whether DNA testing was ordered pur23 suant to such a motion;

24 (C) whether the applicant obtained relief

25 on the basis of DNA test results; and
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1 (D) whether further proceedings occurred

2 following a granting of relief and the outcome

3 of such proceedings.

4 (4) ADDITIONAL INFORMATION.—The report re5 quired to be submitted under paragraph (3) may in6 clude any other information the Attorney General

7 determines to be relevant in assessing the operation,

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

9 States Code, as added by this Act, and any rec10 ommendations the Attorney General may have relat11 ing to future legislative action concerning that sec12 tion.

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

14 and the amendments made by this section shall take effect

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

16 respect to any offense committed, and to any judgment

17 of conviction entered, before, on, or after that date of en18 actment.

19 SEC. 312. KIRK BLOODSWORTH POST-CONVICTION DNA

20 TESTING GRANT PROGRAM.

21 (a) IN GENERAL.—The Attorney General shall estab22 lish the Kirk Bloodsworth Post-Conviction DNA Testing

23 Grant Program to award grants to States to help defray

24 the costs of post-conviction DNA testing.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated $5,000,000 for each of

3 fiscal years 2005 through 2009 to carry out this section.

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

5 the term ‘‘State’’ means a State of the United States, the

6 District of Columbia, the Commonwealth of Puerto Rico,

7 the United States Virgin Islands, American Samoa,

8 Guam, and the Northern Mariana Islands.

9 SEC. 313. INCENTIVE GRANTS TO STATES TO ENSURE CON10 SIDERATION OF CLAIMS OF ACTUAL INNO11 CENCE.

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

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

14 shall be reserved for grants to eligible entities that—

15 (1) meet the requirements under section 203,

16 205, 207, or 312, as appropriate; and

17 (2) demonstrate that the State in which the eli18 gible entity operates—

19 (A) provides post-conviction DNA testing

20 of specified evidence—

21 (i) under a State statute enacted be22 fore the date of enactment of this Act (or

23 extended or renewed after such date), to

24 any person convicted after trial and under

25 a sentence of imprisonment or death for a
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1 State offense, in a manner that ensures a

2 meaningful process for resolving a claim of

3 actual innocence; or

4 (ii) under a State statute enacted

5 after the date of enactment of this Act, or

6 under a State rule, regulation, or practice,

7 to any person under a sentence of impris8 onment or death for a State offense, in a

9 manner comparable to section 3600(a) of

10 title 18, United States Code (provided that

11 the State statute, rule, regulation, or prac12 tice may make post-conviction DNA test13 ing available in cases in which such testing

14 is not required by such section), and if the

15 results of such testing exclude the appli16 cant, permits the applicant to apply for

17 post-conviction relief, notwithstanding any

18 provision of law that would otherwise bar

19 such application as untimely; and

20 (B) preserves biological evidence secured in

21 relation to the investigation or prosecution of a

22 State offense—

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

24 local rule, regulation, or practice, enacted

25 or adopted before the date of enactment of
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1 this Act (or extended or renewed after

2 such date), in a manner that ensures that

3 reasonable measures are taken by all juris4 dictions within the State to preserve such

5 evidence; or

6 (ii) under a State statute or a State

7 or local rule, regulation, or practice, en8 acted or adopted after the date of enact9 ment of this Act, in a manner comparable

10 to section 3600A of title 18, United States

11 Code, if—

12 (I) all jurisdictions within the

13 State comply with this requirement;

14 and

15 (II) such jurisdictions may pre16 serve such evidence for longer than

17 the period of time that such evidence

18 would be required to be preserved

19 under such section 3600A.
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1 Subtitle B—Improving the Quality

2 of Representation in State Cap3 ital Cases

4 SEC. 321. CAPITAL REPRESENTATION IMPROVEMENT

5 GRANTS.

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

7 grants to States for the purpose of improving the quality

8 of legal representation provided to indigent defendants in

9 State capital cases.

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

11 representation’’ means legal counsel and investigative, ex12 pert, and other services necessary for competent represen13 tation.

14 (c) USE OF FUNDS.—Grants awarded under sub15 section (a)—

16 (1) shall be used to establish, implement, or im17 prove an effective system for providing competent

18 legal representation to—

19 (A) indigents charged with an offense sub20 ject to capital punishment;

21 (B) indigents who have been sentenced to

22 death and who seek appellate or collateral relief

23 in State court; and
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1 (C) indigents who have been sentenced to

2 death and who seek review in the Supreme

3 Court of the United States; and

4 (2) shall not be used to fund, directly or indi5 rectly, representation in specific capital cases.

6 (d) EFFECTIVE SYSTEM.—As used in subsection

7 (c)(1), an effective system for providing competent legal

8 representation is a system that—

9 (1) invests the responsibility for appointing

10 qualified attorneys to represent indigents in capital

11 cases—

12 (A) in a public defender program that re13 lies on staff attorneys, members of the private

14 bar, or both, to provide representation in cap15 ital cases;

16 (B) in an entity established by statute or

17 by the highest State court with jurisdiction in

18 criminal cases, which is composed of individuals

19 with demonstrated knowledge and expertise in

20 capital representation; or

21 (C) pursuant to a statutory procedure en22 acted before the date of the enactment of this

23 Act under which the trial judge is required to

24 appoint qualified attorneys from a roster main-
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1 tained by a State or regional selection com2 mittee or similar entity; and

3 (2) requires the program described in para4 graph (1)(A), the entity described in paragraph

5 (1)(B), or an appropriate entity designated pursuant

6 to the statutory procedure described in paragraph

7 (1)(C), as applicable, to—

8 (A) establish qualifications for attorneys

9 who may be appointed to represent indigents in

10 capital cases;

11 (B) establish and maintain a roster of

12 qualified attorneys;

13 (C) except in the case of a selection com14 mittee or similar entity described in paragraph

15 (1)(C), assign 2 attorneys from the roster to

16 represent an indigent in a capital case, or pro17 vide the trial judge a list of not more than 2

18 pairs of attorneys from the roster, from which

19 1 pair shall be assigned, provided that, in any

20 case in which the State elects not to seek the

21 death penalty, a court may find, subject to any

22 requirement of State law, that a second attor23 ney need not remain assigned to represent the

24 indigent to ensure competent representation;
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1 (D) conduct, sponsor, or approve special2 ized training programs for attorneys rep3 resenting defendants in capital cases;

4 (E) monitor the performance of attorneys

5 who are appointed and their attendance at

6 training programs, and remove from the roster

7 attorneys who fail to deliver effective represen8 tation or who fail to comply with such require9 ments as such program, entity, or selection

10 committee or similar entity may establish re11 garding participation in training programs; and

12 (F) ensure funding for the full cost of

13 competent legal representation by the defense

14 team and outside experts selected by counsel,

15 who shall be compensated—

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

17 a statutory procedure described in para18 graph (1)(C), in accordance with the re19 quirements of that statutory procedure;

20 and

21 (ii) in all other cases, as follows:

22 (I) Attorneys employed by a pub23 lic defender program shall be com24 pensated according to a salary scale

25 that is commensurate with the salary
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1 scale of the prosecutor’s office in the

2 jurisdiction.

3 (II) Appointed attorneys shall be

4 compensated for actual time and serv5 ice, computed on an hourly basis and

6 at a reasonable hourly rate in light of

7 the qualifications and experience of

8 the attorney and the local market for

9 legal representation in cases reflecting

10 the complexity and responsibility of

11 capital cases.

12 (III) Non-attorney members of

13 the defense team, including investiga14 tors, mitigation specialists, and ex15 perts, shall be compensated at a rate

16 that reflects the specialized skills

17 needed by those who assist counsel

18 with the litigation of death penalty

19 cases.

20 (IV) Attorney and non-attorney

21 members of the defense team shall be

22 reimbursed for reasonable incidental

23 expenses.
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1 SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

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

3 grants to States for the purpose of enhancing the ability

4 of prosecutors to effectively represent the public in State

5 capital cases.

6 (b) USE OF FUNDS.—

7 (1) PERMITTED USES.—Grants awarded under

8 subsection (a) shall be used for one or more of the

9 following:

10 (A) To design and implement training pro11 grams for State and local prosecutors to ensure

12 effective representation in State capital cases.

13 (B) To develop and implement appropriate

14 standards and qualifications for State and local

15 prosecutors who litigate State capital cases.

16 (C) To assess the performance of State

17 and local prosecutors who litigate State capital

18 cases, provided that such assessment shall not

19 include participation by the assessor in the trial

20 of any specific capital case.

21 (D) To identify and implement any poten22 tial legal reforms that may be appropriate to

23 minimize the potential for error in the trial of

24 capital cases.

25 (E) To establish a program under which

26 State and local prosecutors conduct a system-
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1 atic review of cases in which a death sentence

2 was imposed in order to identify cases in which

3 post-conviction DNA testing may be appro4 priate.

5 (F) To provide support and assistance to

6 the families of murder victims.

7 (2) PROHIBITED USE.—Grants awarded under

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

9 indirectly, the prosecution of specific capital cases.

10 SEC. 323. APPLICATIONS.

11 (a) IN GENERAL.—The Attorney General shall estab12 lish a process through which a State may apply for a grant

13 under this subtitle.

14 (b) APPLICATION.—

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

16 under this subtitle shall submit an application to the

17 Attorney General at such time, in such manner, and

18 containing such information as the Attorney General

19 may reasonably require.

20 (2) CONTENTS.—Each application submitted

21 under paragraph (1) shall contain—

22 (A) a certification by an appropriate offi23 cer of the State that the State authorizes cap24 ital punishment under its laws and conducts, or
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1 will conduct, prosecutions in which capital pun2 ishment is sought;

3 (B) a description of the communities to be

4 served by the grant, including the nature of ex5 isting capital defender services and capital pros6 ecution programs within such communities;

7 (C) a long-term statewide strategy and de8 tailed implementation plan that—

9 (i) reflects consultation with the judi10 ciary, the organized bar, and State and

11 local prosecutor and defender organiza12 tions; and

13 (ii) establishes as a priority improve14 ment in the quality of trial-level represen15 tation of indigents charged with capital

16 crimes and trial-level prosecution of capital

17 crimes;

18 (D) in the case of a State that employs a

19 statutory procedure described in section

20 321(d)(1)(C), a certification by an appropriate

21 officer of the State that the State is in substan22 tial compliance with the requirements of the ap23 plicable State statute; and

24 (E) assurances that Federal funds received

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

4 under this subtitle; and

5 (ii) allocated in accordance with sec6 tion 326(b).

7 SEC. 324. STATE REPORTS.

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

9 this subtitle shall submit an annual report to the Attorney

10 General that—

11 (1) identifies the activities carried out with such

12 funds; and

13 (2) explains how each activity complies with the

14 terms and conditions of the grant.

15 (b) CAPITAL REPRESENTATION IMPROVEMENT

16 GRANTS.—With respect to the funds provided under sec17 tion 321, a report under subsection (a) shall include—

18 (1) an accounting of all amounts expended;

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

20 State—

21 (A) invests the responsibility for identi22 fying and appointing qualified attorneys to rep23 resent indigents in capital cases in a program

24 described in section 321(d)(1)(A), an entity de25 scribed in section 321(d)(1)(B), or selection
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1 committee or similar entity described in section

2 321(d)(1)(C); and

3 (B) requires such program, entity, or selec4 tion committee or similar entity, or other appro5 priate entity designated pursuant to the statu6 tory procedure described in section

7 321(d)(1)(C), to—

8 (i) establish qualifications for attor9 neys who may be appointed to represent

10 indigents in capital cases in accordance

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

12 (ii) establish and maintain a roster of

13 qualified attorneys in accordance with sec14 tion 321(d)(2)(B);

15 (iii) assign attorneys from the roster

16 in accordance with section 321(d)(2)(C);

17 (iv) conduct, sponsor, or approve spe18 cialized training programs for attorneys

19 representing defendants in capital cases in

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

21 (v) monitor the performance and

22 training program attendance of appointed

23 attorneys, and remove from the roster at24 torneys who fail to deliver effective rep25 resentation or fail to comply with such re-
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1 quirements as such program, entity, or se2 lection committee or similar entity may es3 tablish regarding participation in training

4 programs, in accordance with section

5 321(d)(2)(E); and

6 (vi) ensure funding for the full cost of

7 competent legal representation by the de8 fense team and outside experts selected by

9 counsel, in accordance with section

10 321(d)(2)(F), including a statement set11 ting forth—

12 (I) if the State employs a public

13 defender program under section

14 321(d)(1)(A), the salaries received by

15 the attorneys employed by such pro16 gram and the salaries received by at17 torneys in the prosecutor’s office in

18 the jurisdiction;

19 (II) if the State employs ap20 pointed attorneys under section

21 321(d)(1)(B), the hourly fees received

22 by such attorneys for actual time and

23 service and the basis on which the

24 hourly rate was calculated;
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1 (III) the amounts paid to non-at2 torney members of the defense team,

3 and the basis on which such amounts

4 were determined; and

5 (IV) the amounts for which at6 torney and non-attorney members of

7 the defense team were reimbursed for

8 reasonable incidental expenses;

9 (3) in the case of a State that employs a statu10 tory procedure described in section 321(d)(1)(C), an

11 assessment of the extent to which the State is in

12 compliance with the requirements of the applicable

13 State statute; and

14 (4) a statement confirming that the funds have

15 not been used to fund representation in specific cap16 ital cases or to supplant non-Federal funds.

17 (c) CAPITAL PROSECUTION IMPROVEMENT

18 GRANTS.—With respect to the funds provided under sec19 tion 322, a report under subsection (a) shall include—

20 (1) an accounting of all amounts expended;

21 (2) a description of the means by which the

22 State has—

23 (A) designed and established training pro24 grams for State and local prosecutors to ensure
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1 effective representation in State capital cases in

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

3 (B) developed and implemented appro4 priate standards and qualifications for State

5 and local prosecutors who litigate State capital

6 cases in accordance with section 322(b)(1)(B);

7 (C) assessed the performance of State and

8 local prosecutors who litigate State capital cases

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

10 (D) identified and implemented any poten11 tial legal reforms that may be appropriate to

12 minimize the potential for error in the trial of

13 capital cases in accordance with section

14 322(b)(1)(D);

15 (E) established a program under which

16 State and local prosecutors conduct a system17 atic review of cases in which a death sentence

18 was imposed in order to identify cases in which

19 post-conviction DNA testing may be appro20 priate in accordance with section 322(b)(1)(E);

21 and

22 (F) provided support and assistance to the

23 families of murder victims; and
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1 (3) a statement confirming that the funds have

2 not been used to fund the prosecution of specific

3 capital cases or to supplant non-Federal funds.

4 (d) PUBLIC DISCLOSURE OF ANNUAL STATE RE5 PORTS.—The annual reports to the Attorney General sub6 mitted by any State under this section shall be made avail7 able to the public.

8 SEC. 325. EVALUATIONS BY INSPECTOR GENERAL AND AD9 MINISTRATIVE REMEDIES.

10 (a) EVALUATION BY INSPECTOR GENERAL.—

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

12 the end of the first fiscal year for which a State re13 ceives funds under a grant made under this title, the

14 Inspector General of the Department of Justice (in

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

16 shall—

17 (A) after affording an opportunity for any

18 person to provide comments on a report sub19 mitted under section 324, submit to Congress

20 and to the Attorney General a report evaluating

21 the compliance by the State with the terms and

22 conditions of the grant; and

23 (B) if the Inspector General concludes that

24 the State is not in compliance with the terms

25 and conditions of the grant, specify any defi-
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1 ciencies and make recommendations for correc2 tive action.

3 (2) PRIORITY.—In conducting evaluations

4 under this subsection, the Inspector General shall

5 give priority to States that the Inspector General de6 termines, based on information submitted by the

7 State and other comments provided by any other

8 person, to be at the highest risk of noncompliance.

9 (3) DETERMINATION FOR STATUTORY PROCE10 DURE STATES.—For each State that employs a stat11 utory procedure described in section 321(d)(1)(C),

12 the Inspector General shall submit to Congress and

13 to the Attorney General, not later than the end of

14 the first fiscal year for which such State receives

15 funds, after affording an opportunity for any person

16 to provide comments on a certification submitted

17 under section 323(b)(2)(D), a determination as to

18 whether the State is in substantial compliance with

19 the requirements of the applicable State statute.

20 (b) ADMINISTRATIVE REVIEW.—

21 (1) COMMENT.—Upon receiving the report

22 under subsection (a)(1) or the determination under

23 subsection (a)(3), the Attorney General shall provide

24 the State with an opportunity to comment regarding
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1 the findings and conclusions of the report or the de2 termination.

3 (2) CORRECTIVE ACTION PLAN.—If the Attor4 ney General, after reviewing the report under sub5 section (a)(1) or the determination under subsection

6 (a)(3), determines that a State is not in compliance

7 with the terms and conditions of the grant, the At8 torney General shall consult with the appropriate

9 State authorities to enter into a plan for corrective

10 action. If the State does not agree to a plan for cor11 rective action that has been approved by the Attor12 ney General within 90 days after the submission of

13 the report under subsection (a)(1) or the determina14 tion under subsection (a)(3), the Attorney General

15 shall, within 30 days, direct the State to take correc16 tive action to bring the State into compliance.

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

18 days after the earlier of the implementation of a cor19 rective action plan or a directive to implement such

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

21 shall submit a report to Congress as to whether the

22 State has taken corrective action and is in compli23 ance with the terms and conditions of the grant.

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

25 fails to take the prescribed corrective action under sub-
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1 section (b) and is not in compliance with the terms and

2 conditions of the grant, the Attorney General shall dis3 continue all further funding under sections 321 and 322

4 and require the State to return the funds granted under

5 such sections for that fiscal year. Nothing in this para6 graph shall prevent a State which has been subject to pen7 alties for noncompliance from reapplying for a grant under

8 this subtitle in another fiscal year.

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

10 the Inspector General shall periodically review the compli11 ance of each State with the terms and conditions of the

12 grant.

13 (e) ADMINISTRATIVE COSTS.—Not less than 2.5 per14 cent of the funds appropriated to carry out this subtitle

15 for each of fiscal years 2005 through 2009 shall be made

16 available to the Inspector General for purposes of carrying

17 out this section. Such sums shall remain available until

18 expended.

19 (f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’

20 STATES NOT IN SUBSTANTIAL COMPLIANCE WITH STAT21 UTORY PROCEDURES.—

22 (1) IN GENERAL.—In the case of a State that

23 employs a statutory procedure described in section

24 321(d)(1)(C), if the Inspector General submits a de25 termination under subsection (a)(3) that the State is
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1 not in substantial compliance with the requirements

2 of the applicable State statute, then for the period

3 beginning with the date on which that determination

4 was submitted and ending on the date on which the

5 Inspector General determines that the State is in

6 substantial compliance with the requirements of that

7 statute, the funds awarded under this subtitle shall

8 be allocated solely for the uses described in section

9 321.

10 (2) RULE OF CONSTRUCTION.—The require11 ments of this subsection apply in addition to, and

12 not instead of, the other requirements of this sec13 tion.

14 SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

15 (a) AUTHORIZATION FOR GRANTS.—There are au16 thorized to be appropriated $100,000,000 for each of fis17 cal years 2005 through 2009 to carry out this subtitle.

18 (b) RESTRICTION ON USE OF FUNDS TO ENSURE

19 EQUAL ALLOCATION.—Each State receiving a grant

20 under this subtitle shall allocate the funds equally between

21 the uses described in section 321 and the uses described

22 in section 322, except as provided in section 325(f).
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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 in7 serting ‘‘exceed $100,000 for each 12-month period of in8 carceration for any plaintiff who was unjustly sentenced

9 to death and $50,000 for each 12-month period of incar10 ceration for 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.

Passed the House of Representatives November 5,

2003.

Attest:

Clerk.