I 

108TH CONGRESS 

1ST SESSION H. R. 3214

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. 

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 deter-
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mined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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 

5 ‘‘Advancing Justice Through DNA Technology Act of 

6 2003’’. 

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

8 this Act is as follows:

Sec. 1. Short title; table of contents. 

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. 
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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.

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’’. 
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1 SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

2 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

3 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 

4 DNA Analysis Backlog Elimination Act of 2000 (42 

5 U.S.C. 14135) is amended—

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

7 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO8 GRAM.’’; 

9 (2) in subsection (a)—

10 (A) in the matter preceding paragraph 

11 (1)—

12 (i) by inserting ‘‘or units of local gov13 ernment’’ after ‘‘eligible States’’; and

14 (ii) by inserting ‘‘or unit of local gov15 ernment’’ after ‘‘State’’; 

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

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

18 samples from rape kits, samples from other sex19 ual assault evidence, and samples taken in cases 

20 without an identified suspect’’; and 

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

22 the State’’; 

23 (3) in subsection (b)—

24 (A) in the matter preceding paragraph 

25 (1)—
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1 (i) by inserting ‘‘or unit of local gov2 ernment’’ after ‘‘State’’ both places that 

3 term appears; and 

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

5 Attorney General’’ after ‘‘application 

6 shall’’; 

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

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

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

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

11 place that term appears; 

12 (D) in paragraph (4)—

13 (i) by inserting ‘‘or unit of local gov14 ernment’’ after ‘‘State’’; and 

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

16 (E) in paragraph (5)—

17 (i) by inserting ‘‘or unit of local gov18 ernment’’ after ‘‘State’’; and 

19 (ii) by striking the period at the end 

20 and inserting a semicolon; and 

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

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

23 certify that the unit of local government has taken, 

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

25 eligible to include, directly or through a State law 
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1 enforcement agency, all analyses of samples for 

2 which it has requested funding in the Combined 

3 DNA Index System; and’’; 

4 (4) in subsection (d)—

5 (A) in paragraph (1)—

6 (i) in the matter preceding subpara7 graph (A), by striking ‘‘The plan’’ and in8 serting ‘‘A plan pursuant to subsection 

9 (b)(1)’’; 

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

11 ‘‘within the State’’; and 

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

13 ‘‘within the State’’; and 

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

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

16 (5) in subsection (e)—

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

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

19 term appears; and 

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

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

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

23 paragraph (1), by inserting ‘‘or unit of local govern24 ment’’ after ‘‘State’’; 

25 (7) in subsection (g)—
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1 (A) in paragraph (1), by inserting ‘‘or unit 

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

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

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

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

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

7 term appears. 

8 (b) REAUTHORIZATION AND EXPANSION OF PRO9 GRAM.—Section 2 of the DNA Analysis Backlog Elimi10 nation Act of 2000 (42 U.S.C. 14135) is amended—

11 (1) in subsection (a)—

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

13 before ‘‘(2)’’; and 

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

15 ‘‘(4) To collect DNA samples specified in para16 graph (1). 

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

18 of samples from crimes, including sexual assault and 

19 other serious violent crimes, are carried out in a 

20 timely manner.’’; 

21 (2) in subsection (b), as amended by this sec22 tion, by inserting at the end the following: 

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

24 the State or unit of local government shall use for 

25 the purpose specified in subsection (a)(4).’’; 
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1 (3) by amending subsection (c) to read as fol2 lows: 

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

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

5 distribute grant amounts, and establish appropriate 

6 grant conditions under this section, in conformity 

7 with a formula or formulas that are designed to ef8 fectuate a distribution of funds among eligible 

9 States and units of local government that—

10 ‘‘(A) maximizes the effective utilization of 

11 DNA technology to solve crimes and protect 

12 public safety; and 

13 ‘‘(B) allocates grants among eligible enti14 ties fairly and efficiently to address areas where 

15 significant backlogs exist, by considering—

16 ‘‘(i) the number of offender and case17 work samples awaiting DNA analysis in a 

18 jurisdiction; 

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

20 and 

21 ‘‘(iii) the number of part I violent 

22 crimes in the jurisdiction. 

23 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen24 eral shall allocate to each State not less than 0.50 

25 percent of the total amount appropriated in a fiscal 
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1 year for grants under this section, except that the 

2 United States Virgin Islands, American Samoa, 

3 Guam, and the Northern Mariana Islands shall each 

4 be allocated 0.125 percent of the total appropriation. 

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

6 under paragraph (1) shall be awarded to conduct 

7 DNA analyses of samples from casework or from 

8 victims of crime under subsection (a)(2) in accord9 ance with the following limitations:

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

11 percent of the grant amounts shall be awarded 

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

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

14 50 percent of the grant amounts shall be 

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

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

17 percent of the grant amounts shall be awarded 

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

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

20 40 percent of the grant amounts shall be 

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

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

23 percent of the grant amounts shall be awarded 

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

25 (4) in subsection (g)—
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1 (A) in paragraph (1), by striking ‘‘and’’ at 

2 the end; 

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting ‘‘; and’’; and 

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

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

7 awarding grants among eligible States and units of 

8 local government, and how such plan will ensure the 

9 effective use of DNA technology to solve crimes and 

10 protect public safety.’’; 

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

12 and (2) and inserting the following: 

13 ‘‘(1) $151,000,000 for fiscal year 2005; 

14 ‘‘(2) $151,000,000 for fiscal year 2006; 

15 ‘‘(3) $151,000,000 for fiscal year 2007; 

16 ‘‘(4) $151,000,000 for fiscal year 2008; and 

17 ‘‘(5) $151,000,000 for fiscal year 2009.’’; and 

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

19 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU20 DITS.—The Attorney General may distribute not more 

21 than 1 percent of the grant amounts under subsection 

22 (j)—

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

24 defray the costs incurred by laboratories operated by 
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1 each such State or unit of local government in pre2 paring for accreditation or reaccreditation; 

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

4 units of local government, or nonprofit professional 

5 organizations of persons actively involved in forensic 

6 science and nationally recognized within the forensic 

7 science community—

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

9 of laboratories operated by such State or unit 

10 of local government, which are participating in 

11 the National DNA Index System in order to en12 sure compliance with quality assurance stand13 ards; 

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

15 submitted to the National Institute of Justice, 

16 which detail the use of funds received by States 

17 or units of local government under this Act; 

18 and 

19 ‘‘(C) to support future capacity building 

20 efforts; and 

21 ‘‘(3) in the form of additional grants to non22 profit professional associations actively involved in 

23 forensic science and nationally recognized within the 

24 forensic science community to defray the costs of 

25 training persons who conduct external audits of lab-
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1 oratories operated by States and units of local gov2 ernment and which participate in the National DNA 

3 Index System. 

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

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

6 of local government which has received funds under this 

7 Act, has undergone an external audit conducted in order 

8 to demonstrate compliance with standards established by 

9 the Director of the Federal Bureau of Investigation, and, 

10 as a result of such audit, identifies measures to remedy 

11 deficiencies with respect to the compliance by the labora12 tory with such standards, the State or unit of local govern13 ment shall implement any such remediation as soon as 

14 practicable.’’. 

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

16 (a) INCLUSION OF ALL DNA SAMPLES FROM

17 STATES.—Section 210304(a)(1) of the DNA Identifica18 tion Act of 1994 (42 U.S.C. 14132(a)(1)) is amended by 

19 striking ‘‘of persons convicted of crimes;’’ and inserting 

20 the following: ‘‘of—

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

22 ‘‘(B) other persons whose DNA samples 

23 are collected under applicable legal authorities, 

24 provided that DNA profiles from DNA samples 

25 that are voluntarily submitted solely for elimi-
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1 nation purposes shall not be included in the 

2 Combined DNA Index System;’’. 

3 (b) FELONS CONVICTED OF FEDERAL CRIMES.—

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

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

6 as follows: 

7 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of8 fenses that shall be treated for purposes of this section 

9 as qualifying Federal offenses are the following offenses, 

10 as determined by the Attorney General: 

11 ‘‘(1) Any felony. 

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

13 18, United States Code. 

14 ‘‘(3) Any crime of violence (as that term is de15 fined in section 16 of title 18, United States Code). 

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

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

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

19 10, United States Code, is amended to read as follows: 

20 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The of21 fenses that shall be treated for purposes of this section 

22 as qualifying military offenses are the following offenses, 

23 as determined by the Secretary of Defense, in consultation 

24 with the Attorney General: 
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1 ‘‘(1) Any offense under the Uniform Code of 

2 Military Justice for which a sentence of confinement 

3 for more than one year may be imposed. 

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

5 of Military Justice that is comparable to a qualifying 

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

7 the DNA Analysis Backlog Elimination Act of 2000 

8 (42 U.S.C. 14135a(d)).’’.

9 SEC. 104. TOLLING OF STATUTE OF LIMITATIONS. 

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

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 3297. Cases involving DNA evidence 

14 ‘‘In a case in which DNA testing implicates an identi15 fied person in the commission of a felony, except for a 

16 felony offense under chapter 109A, no statute of limita17 tions that would otherwise preclude prosecution of the of18 fense shall preclude such prosecution until a period of time 

19 following the implication of the person by DNA testing 

20 has elapsed that is equal to the otherwise applicable limi21 tation period.’’. 

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

23 for chapter 213 of title 18, United States Code, is amend24 ed by adding at the end the following:

‘‘3297. Cases involving DNA evidence.’’.
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1 (c) APPLICATION.—The amendments made by this 

2 section shall apply to the prosecution of any offense com3 mitted before, on, or after the date of the enactment of 

4 this section if the applicable limitation period has not yet 

5 expired.

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

7 Section 1201 of the Violence Against Women Act of 

8 2000 (42 U.S.C. 3796gg–6) is amended—

9 (1) in subsection (a), by inserting ‘‘dating vio10 lence,’’ after ‘‘domestic violence,’’; 

11 (2) in subsection (b)—

12 (A) by redesignating paragraphs (1) 

13 through (3) as paragraphs (2) through (4), re14 spectively; 

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

16 redesignated by subparagraph (A), the fol17 lowing: 

18 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio19 lence’ means violence committed by a person who is 

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

21 intimate nature with the victim. The existence of 

22 such a relationship shall be determined based on a 

23 consideration of—

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

25 ‘‘(B) the type of relationship; and 
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1 ‘‘(C) the frequency of interaction between 

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

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

4 subparagraph (A), by inserting ‘‘dating vio5 lence,’’ after ‘‘domestic violence,’’; 

6 (3) in subsection (c)—

7 (A) in paragraph (1)—

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

9 after ‘‘between domestic violence’’; and 

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

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

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

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

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

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

16 (4) in subsection (d)—

17 (A) in paragraph (1), by inserting ‘‘, dat18 ing violence,’’ after ‘‘domestic violence’’; 

19 (B) in paragraph (2), by inserting ‘‘, dat20 ing violence,’’ after ‘‘domestic violence’’; 

21 (C) in paragraph (3), by inserting ‘‘, dat22 ing violence,’’ after ‘‘domestic violence’’; and 

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

24 violence,’’ after ‘‘domestic violence,’’; 
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1 (5) in subsection (e), by inserting ‘‘dating vio2 lence,’’ after ‘‘domestic violence,’’; and 

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

4 violence,’’ after ‘‘domestic violence,’’. 

5 SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN 

6 ELIMINATING DNA BACKLOG. 

7 Section 2(d)(3) of the DNA Analysis Backlog Elimi8 nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended 

9 to read as follows: 

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

11 CERTAIN PURPOSES.—

12 ‘‘(A) IN GENERAL.—A grant for the pur13 poses specified in paragraph (1), (2), or (5) of 

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

15 voucher or contract for laboratory services. 

16 ‘‘(B) REDEMPTION.—A voucher or con17 tract under subparagraph (A) may be redeemed 

18 at a laboratory operated on a for-profit basis by 

19 a private entity that satisfies quality assurance 

20 standards and has been approved by the Attor21 ney General. 

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

23 may use amounts authorized under subsection 

24 (j) to make payments to a laboratory described 

25 under subparagraph (B) for the collection of 
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1 DNA samples or DNA analysis of samples from 

2 casework.’’. 

3 TITLE II—DNA SEXUAL ASSAULT 

4 JUSTICE ACT OF 2003

5 SEC. 201. SHORT TITLE. 

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

7 Justice Act of 2003’’. 

8 SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLI9 ANCE WITH FEDERAL STANDARDS. 

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

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

12 follows: 

13 ‘‘(2) prepared by laboratories that—

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

15 of enactment of the DNA Sexual Assault Jus16 tice Act of 2003, have been accredited by a 

17 nonprofit professional association of persons ac18 tively involved in forensic science that is nation19 ally recognized within the forensic science com20 munity; and 

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

22 once every 2 years, that demonstrate compli23 ance with standards established by the Director 

24 of the Federal Bureau of Investigation; and’’.
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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 exam12 ine evidence of crime; 

13 (2) court officers, including State and local 

14 prosecutors, 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 

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

21 of the fiscal years 2005 through 2009 to carry out this 

22 section. 

23 SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 

24 GRANTS. 

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

26 grants to eligible entities to provide training, technical as-
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1 sistance, education, equipment, and information relating 

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

3 use of DNA samples and DNA evidence by medical per4 sonnel and other personnel, including doctors, medical ex5 aminers, coroners, nurses, victim service providers, and 

6 other professionals involved in treating victims of sexual 

7 assault and sexual assault examination programs, includ8 ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex9 ual Assault Forensic Examiner), and SART (Sexual As10 sault Response Team). 

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

12 the term ‘‘eligible entity’’ includes—

13 (1) States; 

14 (2) units of local government; and 

15 (3) sexual assault examination programs, in16 cluding—

17 (A) sexual assault nurse examiner (SANE) 

18 programs; 

19 (B) sexual assault forensic examiner 

20 (SAFE) programs; 

21 (C) sexual assault response team (SART) 

22 programs; and 

23 (D) State sexual assault coalitions. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated $30,000,000 for each 
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1 of the fiscal years 2005 through 2009 to carry out this 

2 section. 

3 SEC. 205. DNA RESEARCH AND DEVELOPMENT. 

4 (a) IMPROVING DNA TECHNOLOGY.—The Attorney 

5 General shall make grants to States and units of local gov6 ernment for research and development to improve forensic 

7 DNA technology, including increasing the identification 

8 accuracy and efficiency of DNA analysis, decreasing time 

9 and expense, and increasing portability. 

10 (b) DEMONSTRATION PROJECTS.—The Attorney 

11 General shall conduct research through grants for dem12 onstration projects involving coordinated training and 

13 commitment of resources to law enforcement agencies and 

14 key criminal justice participants to demonstrate and 

15 evaluate the use of forensic DNA technology in conjunc16 tion with other forensic tools. The demonstration projects 

17 shall include scientific evaluation of the public safety bene18 fits, improvements to law enforcement operations, and 

19 cost-effectiveness of increased collection and use of DNA 

20 evidence. 

21 (c) NATIONAL FORENSIC SCIENCE COMMISSION.—

22 (1) APPOINTMENT.—The Attorney General 

23 shall appoint a National Forensic Science Commis24 sion (in this section referred to as the ‘‘Commis25 sion’’), composed of persons experienced in criminal 
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1 justice issues, including persons from the forensic 

2 science and criminal justice communities, to carry 

3 out the responsibilities under paragraph (2). 

4 (2) RESPONSIBILITIES.—The Commission 

5 shall—

6 (A) assess the present and future resource 

7 needs of the forensic science community; 

8 (B) make recommendations to the Attor9 ney General for maximizing the use of forensic 

10 technologies and techniques to solve crimes and 

11 protect the public; 

12 (C) identify potential scientific advances 

13 that may assist law enforcement in using foren14 sic technologies and techniques to protect the 

15 public; 

16 (D) make recommendations to the Attor17 ney General for programs that will increase the 

18 number of qualified forensic scientists available 

19 to work in public crime laboratories; 

20 (E) disseminate, through the National In21 stitute of Justice, best practices concerning the 

22 collection and analyses of forensic evidence to 

23 help ensure quality and consistency in the use 

24 of forensic technologies and techniques to solve 

25 crimes and protect the public; 
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1 (F) examine additional issues pertaining to 

2 forensic science as requested by the Attorney 

3 General; 

4 (G) examine Federal, State, and local pri5 vacy protection statutes, regulations, and prac6 tices relating to access to, or use of, stored 

7 DNA samples or DNA analyses, to determine 

8 whether such protections are sufficient; 

9 (H) make specific recommendations to the 

10 Attorney General, as necessary, to enhance the 

11 protections described in subparagraph (G) to 

12 ensure—

13 (i) the appropriate use and dissemina14 tion of DNA information; 

15 (ii) the accuracy, security, and con16 fidentiality of DNA information; 

17 (iii) the timely removal and destruc18 tion of obsolete, expunged, or inaccurate 

19 DNA information; and 

20 (iv) that any other necessary meas21 ures are taken to protect privacy; and 

22 (I) provide a forum for the exchange and 

23 dissemination of ideas and information in fur24 therance of the objectives described in subpara25 graphs (A) through (H).
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1 (3) PERSONNEL; PROCEDURES.—The Attorney 

2 General shall—

3 (A) designate the Chair of the Commission 

4 from among its members; 

5 (B) designate any necessary staff to assist 

6 in carrying out the functions of the Commis7 sion; and 

8 (C) establish procedures and guidelines for 

9 the operations of the Commission. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

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

12 of the fiscal years 2005 through 2009 to carry out this 

13 section.

14 SEC. 206. FBI DNA PROGRAMS. 

15 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated to the Federal Bureau 

17 of Investigation $42,100,000 for each of the fiscal years 

18 2005 through 2009 to carry out the DNA programs and 

19 activities described under subsection (b). 

20 (b) PROGRAMS AND ACTIVITIES.—The Federal Bu21 reau of Investigation may use any amounts appropriated 

22 pursuant to subsection (a) for— 

23 (1) nuclear DNA analysis; 

24 (2) mitochondrial DNA analysis; 

25 (3) regional mitochondrial DNA laboratories; 
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1 (4) the Combined DNA Index System; 

2 (5) the Federal Convicted Offender DNA Pro3 gram; and 

4 (6) DNA research and development. 

5 SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS. 

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

7 grants to States and units of local government to promote 

8 the use of forensic DNA technology to identify missing 

9 persons and unidentified human remains. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

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

12 the fiscal years 2005 through 2009 to carry out this sec13 tion. 

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, 

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

24 result, shall be fined not more than $100,000. Each in-
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1 stance of disclosure, obtaining, or use shall constitute a 

2 separate 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 

6 amended 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—

24 ‘‘(A) established nonprofit, nongovern25 mental tribal coalitions addressing domestic vio-
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1 lence and sexual assault against Indian women; 

2 and 

3 ‘‘(B) individuals or organizations that pro4 pose to incorporate as nonprofit, nongovern5 mental tribal coalitions to address domestic vio6 lence and sexual assault against Indian women. 

7 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re8 ceipt of an award under this subsection by tribal do9 mestic violence and sexual assault coalitions shall 

10 not preclude the coalition from receiving additional 

11 grants under this title to carry out the purposes de12 scribed in subsection (b).’’. 

13 SEC. 210. 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 

21 to— 

22 ‘‘(1) carry out’’; 

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

24 inserting a semicolon; and 

25 (C) by adding at the end the following: 
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1 ‘‘(2) 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 

5 trace evidence; and 

6 ‘‘(3) train, assist, and employ forensic labora7 tory personnel, as needed, to eliminate a forensic 

8 evidence backlog.’’; 

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

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

11 subsection (a)(1)’’; and 

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

13 ‘‘(e) DEFINED TERM.—As used in this section, the 

14 term ‘forensic evidence backlog’ means forensic evidence 

15 that—

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

17 examiner’s office, or coroner’s office; and 

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

19 forensic testing because of a lack of resources or 

20 personnel.’’. 

21 (b) EXTERNAL AUDITS.—Section 2802 of the Omni22 bus Crime Control and Safe Streets Act of 1968 (42 

23 U.S.C. 3797k) is amended—

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

25 the 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, or 

11 coroner’s office in the State that will receive a por12 tion of the grant 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 the ‘‘and’’ 

18 at 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.’’. 
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1 SEC. 211. REPORT TO CONGRESS. 

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

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

4 submit to Congress a report on the implementation of this 

5 Act. 

6 (b) CONTENTS.—The report submitted under sub7 section (a) shall include a description of—

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

9 local entities in—

10 (A) collecting and entering DNA samples 

11 from offenders convicted of qualifying offenses 

12 for inclusion in the Combined DNA Index Sys13 tem (referred to in this subsection as 

14 ‘‘CODIS’’); 

15 (B) analyzing samples from crime scenes, 

16 including evidence collected from sexual as17 saults and other serious violent crimes, and en18 tering such DNA analyses in CODIS; and 

19 (C) increasing the capacity of forensic lab20 oratories to conduct DNA analyses; 

21 (2) the priorities and plan for awarding grants 

22 among eligible States and units of local government 

23 to ensure that the purposes of this Act are carried 

24 out; 

25 (3) the distribution of grant amounts under this 

26 Act among eligible States and local governments, 
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1 and whether the distribution of such funds has 

2 served the purposes of the Debbie Smith DNA 

3 Backlog Grant Program; 

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

5 by eligible entities for DNA training and education 

6 programs for law enforcement, correctional per7 sonnel, court officers, medical personnel, victim serv8 ice providers, and other personnel authorized under 

9 sections 203 and 204; 

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

11 by eligible entities to conduct DNA research and de12 velopment programs to improve forensic DNA tech13 nology, and implement demonstration projects under 

14 section 205; 

15 (6) the steps taken to establish the National 

16 Forensic Science Commission, and the activities of 

17 the Commission under section 205(c); 

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

19 Investigation under section 206; 

20 (8) grants awarded and the use of such grants 

21 by eligible entities to promote the use of forensic 

22 DNA technology to identify missing persons and un23 identified human remains under section 207; 
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1 (9) grants awarded and the use of such grants 

2 by eligible entities to eliminate forensic science back3 logs under section 210; 

4 (10) State compliance with the requirements set 

5 forth in section 313; and 

6 (11) any other matters considered relevant by 

7 the Attorney General. 

8 TITLE III—INNOCENCE 

9 PROTECTION ACT OF 2003

10 SEC. 301. SHORT TITLE. 

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

12 Act of 2003’’. 

13 Subtitle A—Exonerating the 

14 Innocent Through DNA Testing 

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

16 (a) FEDERAL CRIMINAL PROCEDURE.—

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

18 States Code, is amended by inserting after chapter 

19 228 the following:

20 ‘‘CHAPTER 228A—POST-CONVICTION DNA 

21 TESTING

‘‘Sec. 

‘‘3600. DNA testing. 

‘‘3600A. Prohibition on destruction of biological evidence.

22 ‘‘§ 3600. DNA testing 

23 ‘‘(a) IN GENERAL.—Upon a written motion by an in24 dividual under a sentence of imprisonment or death pursu-
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1 ant to a conviction for a Federal offense (referred to in 

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

3 judgment of conviction shall order DNA testing of specific 

4 evidence if—

5 ‘‘(1) the applicant asserts, under penalty of per6 jury, that the applicant is actually innocent of—

7 ‘‘(A) the Federal offense for which the ap8 plicant is under a sentence of imprisonment or 

9 death; or 

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

11 ‘‘(i)(I) such offense was legally nec12 essary to make the applicant eligible for a 

13 sentence as a career offender under section 

14 3559(e) or an armed career offender under 

15 section 924(e), and exoneration of such of16 fense would entitle the applicant to a re17 duced sentence; or 

18 ‘‘(II) evidence of such offense was ad19 mitted during a Federal death sentencing 

20 hearing and exoneration of such offense 

21 would entitle the applicant to a reduced 

22 sentence or new sentencing hearing; and 

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

24 ‘‘(I) the applicant demonstrates 

25 that there is no adequate remedy
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1 under State law to permit DNA test2 ing of the specified evidence relating 

3 to the State offense; and 

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

5 applicant has exhausted all remedies 

6 available under State law for request7 ing DNA testing of specified evidence 

8 relating to the State offense; 

9 ‘‘(2) the specific evidence to be tested was se10 cured in relation to the investigation or prosecution 

11 of the Federal or State offense referenced in the ap12 plicant’s assertion under paragraph (1); 

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

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

15 testing and the applicant did not knowingly and 

16 voluntarily waive the right to request DNA test17 ing of that evidence in a court proceeding after 

18 the date of enactment of the Innocence Protec19 tion Act of 2003; or 

20 ‘‘(B) was previously subjected to DNA testing 

21 and the applicant is requesting DNA testing using 

22 a new method or technology that is substantially 

23 more probative than the prior DNA testing; 

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

25 possession of the Government and has been subject 
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1 to a chain of custody and retained under conditions 

2 sufficient to ensure that such evidence has not been 

3 substituted, contaminated, tampered with, replaced, 

4 or altered in any respect material to the proposed 

5 DNA testing; 

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

7 scope, uses scientifically sound methods, and is con8 sistent with accepted forensic practices; 

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

10 that—

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

12 defense presented at trial; and 

13 ‘‘(B) would establish the actual innocence 

14 of the applicant of the Federal or State offense 

15 referenced in the applicant’s assertion under 

16 paragraph (1); 

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

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

19 the trial; 

20 ‘‘(8) the proposed DNA testing of the specific 

21 evidence—

22 ‘‘(A) would produce new material evidence 

23 to support the theory of defense referenced in 

24 paragraph (6); and 
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1 ‘‘(B) assuming the DNA test result ex2 cludes the applicant, would raise a reasonable 

3 probability that the applicant did not commit 

4 the offense; 

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

6 will provide a DNA sample for purposes of compari7 son; and 

8 ‘‘(10) the applicant’s motion is filed for the 

9 purpose of demonstrating the applicant’s actual in10 nocence of the Federal or State offense, and not to 

11 delay the execution of the sentence or the adminis12 tration of justice. 

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

14 ORDER; APPOINTMENT OF COUNSEL.—

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

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

17 ‘‘(A) notify the Government; and 

18 ‘‘(B) allow the Government a reasonable 

19 time period to respond to the motion. 

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

21 necessary to carry out proceedings under this sec22 tion, the court shall direct the Government to pre23 serve the specific evidence relating to a motion under 

24 subsection (a). 
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1 ‘‘(3) APPOINTMENT OF COUNSEL.—The court 

2 may appoint counsel for an indigent applicant under 

3 this section in the same manner as in a proceeding 

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

5 ‘‘(c) TESTING PROCEDURES.—

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

7 any DNA testing ordered under this section be car8 ried out by the Federal Bureau of Investigation. 

9 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

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

11 qualified laboratory if the court makes all necessary 

12 orders to ensure the integrity of the specific evidence 

13 and the reliability of the testing process and test re14 sults. 

15 ‘‘(3) COSTS.—The costs of any DNA testing or16 dered under this section shall be paid—

17 ‘‘(A) by the applicant; or 

18 ‘‘(B) in the case of an applicant who is in19 digent, by the Government. 

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

21 case in which the applicant is sentenced to death— 

22 ‘‘(1) any DNA testing ordered under this sec23 tion shall be completed not later than 60 days after 

24 the date on which the Government responds to the 

25 motion filed under subsection (a); and 
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1 ‘‘(2) not later than 120 days after the date on 

2 which the DNA testing ordered under this section is 

3 completed, the court shall order any post-testing 

4 procedures under subsection (f) or (g), as appro5 priate. 

6 ‘‘(e) REPORTING OF TEST RESULTS.—

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

8 testing ordered under this section shall be simulta9 neously disclosed to the court, the applicant, and the 

10 Government. 

11 ‘‘(2) CODIS.—The Government shall submit 

12 any test results relating to the DNA of the applicant 

13 to the Combined DNA Index System (referred to in 

14 this subsection as ‘CODIS’). 

15 ‘‘(3) RETENTION OF DNA SAMPLE.—

16 ‘‘(A) ENTRY INTO CODIS.—If the DNA 

17 test results obtained under this section are in18 conclusive or show that the applicant was the 

19 source of the DNA evidence, the DNA sample 

20 of the applicant may be retained in CODIS. 

21 ‘‘(B) MATCH WITH OTHER OFFENSE.—If 

22 the DNA test results obtained under this sec23 tion exclude the applicant as the source of the 

24 DNA evidence, and a comparison of the DNA 

25 sample of the applicant results in a match be-
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1 tween the DNA sample of the applicant and an2 other offense, the Attorney General shall notify 

3 the appropriate agency and preserve the DNA 

4 sample of the applicant. 

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

6 obtained under this section exclude the appli7 cant as the source of the DNA evidence, and a 

8 comparison of the DNA sample of the applicant 

9 does not result in a match between the DNA 

10 sample of the applicant and another offense, 

11 the Attorney General shall destroy the DNA 

12 sample of the applicant and ensure that such 

13 information is not retained in CODIS if there 

14 is no other legal authority to retain the DNA 

15 sample of the applicant in CODIS. 

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

17 AND INCULPATORY RESULTS.—

18 ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re19 sults obtained under this section are inconclusive, 

20 the court may order further testing, if appropriate, 

21 or may deny the applicant relief. 

22 ‘‘(2) INCULPATORY RESULTS.—If DNA test re23 sults obtained under this section show that the ap24 plicant was the source of the DNA evidence, the 

25 court shall—
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1 ‘‘(A) deny the applicant relief; and 

2 ‘‘(B) on motion of the Government—

3 ‘‘(i) make a determination whether 

4 the applicant’s assertion of actual inno5 cence was false, and, if the court makes 

6 such a finding, the court may hold the ap7 plicant in contempt; 

8 ‘‘(ii) assess against the applicant the 

9 cost of any DNA testing carried out under 

10 this section; 

11 ‘‘(iii) forward the finding to the Direc12 tor of the Bureau of Prisons, who, upon 

13 receipt of such a finding, may deny, wholly 

14 or in part, the good conduct credit author15 ized under section 3632 on the basis of 

16 that finding; 

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

18 jurisdiction of the United States Parole 

19 Commission, forward the finding to the 

20 Commission so that the Commission may 

21 deny parole on the basis of that finding; 

22 and 

23 ‘‘(v) if the DNA test results relate to 

24 a State offense, forward the finding to any 

25 appropriate State official. 
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1 ‘‘(3) SENTENCE.—In any prosecution of an ap2 plicant under chapter 79 for false assertions or other 

3 conduct in proceedings under this section, the court, 

4 upon conviction of the applicant, shall sentence the 

5 applicant to a term of imprisonment of not less than 

6 3 years, which shall run consecutively to any other 

7 term of imprisonment the applicant is serving. 

8 ‘‘(g) POST-TESTING PROCEDURES; MOTION FOR

9 NEW TRIAL OR RESENTENCING.—

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

11 that would bar a motion under this paragraph as 

12 untimely, if DNA test results obtained under this 

13 section exclude the applicant as the source of the 

14 DNA evidence, the applicant may file a motion for 

15 a new trial or resentencing, as appropriate. The 

16 court shall establish a reasonable schedule for the 

17 applicant to file such a motion and for the Govern18 ment to respond to the motion. 

19 ‘‘(2) STANDARD FOR GRANTING MOTION FOR

20 NEW TRIAL OR RESENTENCING.—The court shall 

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

22 resentencing, as appropriate, if the DNA test re23 sults, when considered with all other evidence in the 

24 case (regardless of whether such evidence was intro25 duced at trial), establish by a preponderance of the 
42

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1 evidence that a new trial would result in an acquittal 

2 of—

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

4 trial, the Federal offense for which the appli5 cant is under sentence of imprisonment or 

6 death; and 

7 ‘‘(B) in the case of a motion for resen8 tencing, another Federal or State offense, if—

9 ‘‘(i) such offense was legally necessary 

10 to make the applicant eligible for a sen11 tence as a career offender under section 

12 3559(e) or an armed career offender under 

13 section 924(e), and exoneration of such of14 fense would entitle the applicant to a re15 duced sentence; or 

16 ‘‘(ii) evidence of such offense was ad17 mitted during a Federal death sentencing 

18 hearing and exoneration of such offense 

19 would entitle the applicant to a reduced 

20 sentence or a new sentencing proceeding. 

21 ‘‘(h) OTHER LAWS UNAFFECTED.—

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

23 this section shall affect the circumstances under 

24 which a person may obtain DNA testing or post-con25 viction relief under any other law. 
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1 ‘‘(2) HABEAS CORPUS.—Nothing in this section 

2 shall provide a basis for relief in any Federal habeas 

3 corpus proceeding. 

4 ‘‘(3) APPLICATION NOT A MOTION.—An appli5 cation under this section shall not be considered to 

6 be a motion under section 2255 for purposes of de7 termining whether the application or any other mo8 tion is a second or successive motion under section 

9 2255. 

10 ‘‘§ 3600A. Prohibition on destruction of biological evi11 dence 

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of law, the Government shall not destroy biological 

14 evidence that was secured in the investigation or prosecu15 tion of a Federal offense, if a defendant is under a sen16 tence of imprisonment for such offense. 

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

18 the term ‘biological evidence’ means evidence that was se19 cured in the investigation or prosecution of a Federal of20 fense and preserved until the time of conviction, and which 

21 the Government knows is—

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

23 or 

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

25 other identified biological material. 
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1 ‘‘(c) APPLICABILITY.—The prohibition of the de2 struction of biological evidence under subsection (a) shall 

3 not apply if—

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

5 DNA testing of the biological evidence by the de6 fendant under section 3600, and no appeal is pend7 ing; 

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 

12 2003; 

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

14 that the biological evidence may be destroyed and 

15 the defendant does not file a motion under section 

16 3600 within 180 days of receipt of the notice; or 

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

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

19 character as to render retention impracticable; and 

20 ‘‘(B) the Government takes reasonable meas21 ures to remove and preserve portions of the material 

22 evidence sufficient to permit future DNA testing. 

23 ‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth24 ing in this section shall preempt or supersede any statute, 

25 regulation, court order, or other provision of law that may
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1 require evidence, including biological evidence, to be pre2 served. 

3 ‘‘(e) REGULATIONS.—The Attorney General shall 

4 promulgate regulations to implement and enforce this sec5 tion, including appropriate disciplinary sanctions to ensure 

6 that employees comply with such regulations. 

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

8 intentionally destroys, alters, or tampers with biological 

9 evidence that is required to be preserved under this section 

10 with the intent to prevent that evidence from being sub11 jected to DNA testing or prevent the production or use 

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

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

14 or both.’’. 

15 (2) CLERICAL AMENDMENT.—The chapter anal16 ysis for part II of title 18, United States Code, is 

17 amended by inserting after the item relating to 

18 chapter 228 the following:

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

19 (b) SYSTEM FOR REPORTING MOTIONS.—

20 (1) ESTABLISHMENT.—The Attorney General 

21 shall establish a system for reporting and tracking 

22 motions filed in accordance with section 3600 of title 

23 18, United States Code. 

24 (2) OPERATION.—In operating the system es25 tablished under paragraph (1), the courts shall pro-
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1 vide to the Attorney General any requested assist2 ance in operating such a system and in ensuring the 

3 accuracy and completeness of information included 

4 in that system. 

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

6 date of enactment of this Act, the Attorney General 

7 shall submit a report to Congress that contains—

8 (A) a list of motions filed under section 

9 3600 of title 18, United States Code, as added 

10 by this Act; 

11 (B) whether DNA testing was ordered pur12 suant to such a motion; 

13 (C) whether the applicant obtained relief 

14 on the basis of DNA test results; and 

15 (D) whether further proceedings occurred 

16 following a granting of relief and the outcome 

17 of such proceedings. 

18 (4) ADDITIONAL INFORMATION.—The report re19 quired to be submitted under paragraph (3) may in20 clude any other information the Attorney General 

21 determines to be relevant in assessing the operation, 

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

23 States Code, as added by this Act, and any rec24 ommendations the Attorney General may have relat-
47

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1 ing to future legislative action concerning that sec2 tion. 

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

4 and the amendments made by this section shall take effect 

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

6 respect to any offense committed, and to any judgment 

7 of conviction entered, before, on, or after that date of en8 actment.

9 SEC. 312. KIRK BLOODSWORTH POST-CONVICTION DNA 

10 TESTING GRANT PROGRAM. 

11 (a) IN GENERAL.—The Attorney General shall estab12 lish the Kirk Bloodsworth Post-Conviction DNA Testing 

13 Grant Program to award grants to States to help defray 

14 the costs of post-conviction DNA testing. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

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

17 the fiscal years 2005 through 2009 to carry out this sec18 tion. 

19 (c) STATES.—For purposes of this section, the term 

20 ‘‘States’’ means the States of the United States, the Dis21 trict of Columbia, the Commonwealth of Puerto Rico, the 

22 United States Virgin Islands, American Samoa, Guam, 

23 and the Northern Mariana Islands. 
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1 SEC. 313. INCENTIVE GRANTS TO STATES TO ENSURE CON2 SIDERATION OF CLAIMS OF ACTUAL INNO3 CENCE. 

4 (a) FUNDING.—For each of the fiscal years 2005 

5 through 2009, all funds appropriated to carry out sections 

6 203, 205, 207, and 312 shall be reserved for grants eligi7 ble entities that—

8 (1) meet the requirements under section 203, 

9 205, 207, or 312, as appropriate; and 

10 (2) demonstrate that the State in which the eli11 gible entity operates—

12 (A) provides post-conviction DNA testing 

13 of specified evidence—

14 (i) under a State statute enacted be15 fore the date of enactment of this Act (or 

16 extended or renewed after such date), to 

17 any person convicted after trial and under 

18 a sentence of imprisonment or death for a 

19 State offense, in a manner that ensures a 

20 meaningful process for resolving a claim of 

21 actual innocence; or 

22 (ii) under a State statute enacted 

23 after the date of enactment of this Act, or 

24 under a State rule, regulation, or practice, 

25 to any person under a sentence of impris26 onment or death for a State offense, in a 
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1 manner comparable to section 3600(a) of 

2 title 18, United States Code (provided that 

3 the State statute, rule, regulation, or prac4 tice may make post-conviction DNA test5 ing available in cases in which such testing 

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

7 results of such testing exclude the appli8 cant, permits the applicant to apply for 

9 post-conviction relief, notwithstanding any 

10 provision of law that would otherwise bar 

11 such application as untimely; and 

12 (B) preserves biological evidence secured in 

13 relation to the investigation or prosecution of a 

14 State offense—

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

16 local rule, regulation, or practice, enacted 

17 or adopted before the date of enactment of 

18 this Act (or extended or renewed after 

19 such date), in a manner that ensures that 

20 reasonable measures are taken by all juris21 dictions within the State to preserve such 

22 evidence; or 

23 (ii) under a State statute or a State 

24 or local rule, regulation, or practice, en25 acted or adopted after the date of enact-
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1 ment of this Act, in a manner comparable 

2 to section 3600A of title 18, United States 

3 Code, if—

4 (I) all jurisdictions within the 

5 State comply with this requirement; 

6 and 

7 (II) such jurisdictions may pre8 serve such evidence for longer than 

9 the period of time that such evidence 

10 would be required to be preserved 

11 under such section 3600A. 

12 (b) CERTIFICATION.—For fiscal year 2005, an eligi13 ble entity shall be deemed to comply with the requirements 

14 of this section if an authorized officer of the State in which 

15 the eligible entity operates certifies that the State will 

16 comply with such requirements within 1 year of the certifi17 cation. 

18 Subtitle B—Improving the Quality 

19 of Representation in State Cap20 ital Cases 

21 SEC. 321. CAPITAL REPRESENTATION IMPROVEMENT 

22 GRANTS. 

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

24 grants to States for the purpose of improving the quality
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1 of legal representation provided to indigent defendants in 

2 State capital cases. 

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

4 representation’’ means legal counsel and investigative, ex5 pert, and other services necessary for competent represen6 tation. 

7 (c) USE OF FUNDS.—Grants awarded under sub8 section (a)—

9 (1) shall be used to establish, implement, or im10 prove an effective system for providing competent 

11 legal representation to—

12 (A) indigents charged with an offense sub13 ject to capital punishment; 

14 (B) indigents who have been sentenced to 

15 death and who seek appellate or collateral relief 

16 in State court; and 

17 (C) indigents who have been sentenced to 

18 death and who seek review in the Supreme 

19 Court of the United States; and 

20 (2) shall not be used to fund representation in 

21 specific capital cases. 

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

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

24 representation is a system that—
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1 (1) invests the responsibility for identifying and 

2 appointing qualified attorneys to represent indigents 

3 in capital cases in—

4 (A) a public defender program that relies 

5 on staff attorneys, members of the private bar, 

6 or both, to provide representation in capital 

7 cases; or 

8 (B) an entity established by statute or by 

9 the highest State court with jurisdiction in 

10 criminal cases, which is composed of individuals 

11 with demonstrated knowledge and expertise in 

12 capital representation; and 

13 (2) requires the entity described in paragraph 

14 (1) to—

15 (A) establish qualifications for attorneys 

16 who may be appointed to represent indigents in 

17 capital cases; 

18 (B) establish and maintain a roster of 

19 qualified attorneys; 

20 (C) assign 2 attorneys from the roster to 

21 represent an indigent in a capital case, or pro22 vide the trial judge a list of not more than 2 

23 pairs of attorneys from the roster, from which 

24 1 pair shall be assigned, provided that, in any 

25 case in which the State elects not to seek the 
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1 death penalty, a court may find, subject to any 

2 requirement of State law, that a second attor3 ney need not remain assigned to represent the 

4 indigent to ensure competent representation; 

5 (D) conduct, sponsor, or approve special6 ized training programs for attorneys rep7 resenting defendants in capital cases; 

8 (E) monitor the performance of attorneys 

9 who are appointed and their attendance at 

10 training programs, and remove from the roster 

11 attorneys who fail to deliver effective represen12 tation or who fail to comply with such require13 ments as the entity may establish regarding 

14 participation in training programs; and 

15 (F) ensure funding for the full cost of 

16 competent legal representation by the defense 

17 team and outside experts selected by counsel, 

18 who shall be compensated as follows: 

19 (i) Attorneys employed by a public de20 fender program shall be compensated ac21 cording to a salary scale that is commensu22 rate with the salary scale of the prosecu23 tor’s office in the jurisdiction. 

24 (ii) Appointed attorneys shall be com25 pensated for actual time and service, com-
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1 puted on an hourly basis and at a reason2 able hourly rate in light of the qualifica3 tions and experience of the attorney and 

4 the local market for legal representation in 

5 cases reflecting the complexity and respon6 sibility of capital cases. 

7 (iii) Non-attorney members of the de8 fense team, including investigators, mitiga9 tion specialists, and experts, shall be com10 pensated at a rate that reflects the special11 ized skills needed by those who assist coun12 sel with the litigation of death penalty 

13 cases. 

14 (iv) Attorney and non-attorney mem15 bers of the defense team shall be reim16 bursed for reasonable incidental expenses. 

17 SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 

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

19 grants to States for the purpose of improving the rep20 resentation of the public in State capital cases. 

21 (b) USE OF FUNDS.—

22 (1) PERMITTED USES.—Grants awarded under 

23 subsection (a) shall be used to—
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1 (A) design and implement training pro2 grams for State and local prosecutors to ensure 

3 effective representation in State capital cases; 

4 (B) develop and implement appropriate 

5 standards and qualifications for State and local 

6 prosecutors who litigate State capital cases; 

7 (C) assess the performance of State and 

8 local prosecutors who litigate State capital 

9 cases, provided that such assessment shall not 

10 include participation by the assessor in the trial 

11 of any specific capital case; 

12 (D) identify and implement any potential 

13 legal reforms that may be appropriate to mini14 mize the potential for error in the trial of cap15 ital cases; 

16 (E) establish a program under which State 

17 and local prosecutors conduct a systematic re18 view of cases in which a death sentence was im19 posed in order to identify cases in which post20 conviction DNA testing may be appropriate; 

21 and 

22 (F) provide support and assistance to the 

23 families of murder victims.
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1 (2) PROHIBITED USE.—Grants awarded under 

2 subsection (a) shall not be used to fund the prosecu3 tion of specific capital cases. 

4 SEC. 323. APPLICATIONS. 

5 (a) IN GENERAL.—The Attorney General shall estab6 lish a process through which a State may apply for a grant 

7 under this subtitle. 

8 (b) APPLICATION.—

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

10 under this subtitle shall submit an application to the 

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

12 containing such information as the Attorney General 

13 may reasonably require. 

14 (2) CONTENTS.—Each application submitted 

15 under paragraph (1) shall contain—

16 (A) a certification by an appropriate offi17 cer of the State that the State authorizes cap18 ital punishment under its laws and conducts, or 

19 will conduct, prosecutions in which capital pun20 ishment is sought; 

21 (B) a description of the communities to be 

22 served by the grant, including the nature of ex23 isting capital defender services and capital pros24 ecution programs within such communities; 
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1 (C) a long-term statewide strategy and de2 tailed implementation plan that—

3 (i) reflects consultation with the judi4 ciary, the organized bar, and State and 

5 local prosecutor and defender organiza6 tions; and 

7 (ii) establishes as a priority improve8 ment in the quality of trial-level represen9 tation of indigents charged with capital 

10 crimes and trial-level prosecution of capital 

11 crimes; and 

12 (D) assurances that Federal funds received 

13 under this subtitle shall be—

14 (i) used to supplement and not sup15 plant non-Federal funds that would other16 wise be available for activities funded 

17 under this subtitle; and 

18 (ii) allocated equally between the uses 

19 described in section 321 and the uses de20 scribed in section 322. 

21 SEC. 324. STATE REPORTS. 

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

23 this subtitle shall submit an annual report to the Attorney 

24 General that—
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1 (1) identifies the activities carried out with such 

2 funds; and 

3 (2) explains how each activity complies with the 

4 terms and conditions of the grant. 

5 (b) CAPITAL REPRESENTATION IMPROVEMENT

6 GRANTS.—With respect to the funds provided under sec7 tion 321, a report under subsection (a) shall include—

8 (1) an accounting of all amounts expended; 

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

10 State—

11 (A) invests the responsibility for identi12 fying and appointing qualified attorneys to rep13 resent indigents in capital cases in an entity de14 scribed in section 321(d)(1); and 

15 (B) requires the entity described in section 

16 321(d)(1) to—

17 (i) establish qualifications for attor18 neys who may be appointed to represent 

19 indigents in capital cases in accordance 

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

21 (ii) establish and maintain a roster of 

22 qualified attorneys in accordance with sec23 tion 321(d)(2)(B); 

24 (iii) assign attorneys from the roster 

25 in accordance with section 321(d)(2)(C); 
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1 (iv) conduct, sponsor, or approve spe2 cialized training programs for attorneys 

3 representing defendants in capital cases in 

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

5 (v) monitor the performance and 

6 training program attendance of appointed 

7 attorneys, and remove from the roster at8 torneys who fail to deliver effective rep9 resentation or fail to comply with such re10 quirements as the entity may establish re11 garding participation in training programs, 

12 in accordance with section 321(d)(2)(E); 

13 and 

14 (vi) ensure funding for the full cost of 

15 competent legal representation by the de16 fense team and outside experts selected by 

17 counsel, in accordance with section 

18 321(d)(2)(F), including a statement set19 ting forth—

20 (I) if the State employs a public 

21 defender program under section 

22 321(d)(1)(A), the salaries received by 

23 the attorneys employed by such pro24 gram and the salaries received by at-
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1 torneys in the prosecutor’s office in 

2 the jurisdiction; 

3 (II) if the State employs ap4 pointed attorneys under section 

5 321(d)(1)(B), the hourly fees received 

6 by such attorneys for actual time and 

7 service and the basis on which the 

8 hourly rate was calculated; 

9 (III) the amounts paid to non10 attorney members of the defense 

11 team, and the basis on which such 

12 amounts were determined; and 

13 (IV) the amounts for which at14 torney and non-attorney members of 

15 the defense team were reimbursed for 

16 reasonable incidental expenses; and 

17 (3) a statement confirming that the funds have 

18 not been used to fund representation in specific cap19 ital cases or to supplant non-Federal funds. 

20 (c) CAPITAL PROSECUTION IMPROVEMENT

21 GRANTS.—With respect to the funds provided under sec22 tion 322, a report under subsection (a) shall include—

23 (1) an accounting of all amounts expended; 

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

25 State has—
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1 (A) designed and established training pro2 grams for State and local prosecutors to ensure 

3 effective representation in State capital cases in 

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

5 (B) developed and implemented appro6 priate standards and qualifications for State 

7 and local prosecutors who litigate State capital 

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

9 (C) assessed the performance of State and 

10 local prosecutors who litigate State capital cases 

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

12 (D) identified and implemented any poten13 tial legal reforms that may be appropriate to 

14 minimize the potential for error in the trial of 

15 capital cases in accordance with section 

16 322(b)(1)(D); 

17 (E) established a program under which 

18 State and local prosecutors conduct a system19 atic review of cases in which a death sentence 

20 was imposed in order to identify cases in which 

21 post-conviction DNA testing may be appro22 priate in accordance with section 322(b)(1)(E); 

23 and 

24 (F) provided support and assistance to the 

25 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 (b) ADMINISTRATIVE REVIEW.—

10 (1) COMMENT.—Upon receiving the report 

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

12 provide the State with an opportunity to comment 

13 regarding the findings and conclusions of the report. 

14 (2) CORRECTIVE ACTION PLAN.—If the Attor15 ney General, after reviewing the report under sub16 section (a)(1), determines that a State is not in com17 pliance with the terms and conditions of the grant, 

18 the Attorney General shall consult with the appro19 priate State authorities to enter into a plan for cor20 rective action. If the State does not agree to a plan 

21 for corrective action that has been approved by the 

22 Attorney General within 90 days after the submis23 sion of the report under subsection (a)(1), the Attor24 ney General shall, within 30 days, direct the State 
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1 to take corrective action to bring the State into com2 pliance. 

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

4 days after the earlier of the implementation of a cor5 rective action plan or a directive to implement such 

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

7 shall submit a report to Congress as to whether the 

8 State has taken corrective action and is in compli9 ance with the terms and conditions of the grant. 

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

11 fails to take the prescribed corrective action under sub12 section (b) and is not in compliance with the terms and 

13 conditions of the grant, the Attorney General shall dis14 continue all further funding under sections 321 and 322 

15 and require the State to return the funds granted under 

16 such sections for that fiscal year. Nothing in this para17 graph shall prevent a State which has been subject to pen18 alties for noncompliance from reapplying for a grant under 

19 this subtitle in another fiscal year. 

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

21 the Inspector General shall periodically review the compli22 ance of each State with the terms and conditions of the 

23 grant. 

24 (e) ADMINISTRATIVE COSTS.—Not less than 2.5 per25 cent of the funds appropriated to carry out this subtitle 
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1 for each of the fiscal years 2005 through 2009 shall be 

2 made available to the Inspector General for purposes of 

3 carrying out this section. Such sums shall remain available 

4 until expended. 

5 SEC. 326. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AUTHORIZATION FOR GRANTS.—There are au7 thorized to be appropriated $100,000,000 for each of the 

8 fiscal years 2005 through 2009 to carry out this subtitle. 

9 (b) RESTRICTION ON USE OF FUNDS TO ENSURE

10 EQUAL ALLOCATION.—Each State receiving a grant 

11 under this subtitle shall allocate the funds equally between 

12 the uses described in section 321 and the uses described 

13 in section 322. 

14 Subtitle C—Compensation for the 

15 Wrongfully Convicted 

16 SEC. 331. INCREASED COMPENSATION IN FEDERAL CASES 

17 FOR THE WRONGFULLY CONVICTED. 

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

19 amended by striking ‘‘exceed the sum of $5,000’’ and in20 serting ‘‘exceed $100,000 for each 12-month period of in21 carceration for any plaintiff who was unjustly sentenced 

22 to death and $50,000 for each 12-month period of incar23 ceration for any other plaintiff.’’. 
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1 SEC. 332. SENSE OF CONGRESS REGARDING COMPENSA2 TION IN STATE DEATH PENALTY CASES. 

3 It is the sense of Congress that States should provide 

4 reasonable compensation to any person found to have been 

5 unjustly convicted of an offense against the State and sen6 tenced to death.

Æ