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[106th Congress Public Law 561]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ561.106]

[[Page 114 STAT. 2787]]

Public Law 106-561
106th Congress

                                 An Act

 
To improve the quality, timeliness, and credibility of forensic science 
         services for criminal justice purposes, and for other 
             purposes. <<NOTE: Dec. 21, 2000 -  [S. 3045]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Paul Coverdell National 
Forensic Sciences Improvement Act of 2000.>> assembled,

SECTION 1. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.

    This Act may be cited as the ``Paul Coverdell National Forensic 
Sciences Improvement Act of 2000''.
SEC. 2. IMPROVING THE QUALITY, TIMELINESS, AND CREDIBILITY OF 
                    FORENSIC SCIENCE SERVICES FOR CRIMINAL JUSTICE 
                    PURPOSES.

    (a) Description of Drug Control and System Improvement Grant 
Program.--Section 501(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of <<NOTE: 42 USC 3751.>> 1968 (42 U.S.C. 375(b)) is 
amended--
            (1) in paragraph (25), by striking ``and'' at the end;
            (2) in paragraph (26), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:

    ``(27) improving the quality, timeliness, and credibility of 
forensic science services for criminal justice purposes.''.
    (b) State Applications.--Section 503(a) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is 
amended by adding at the end the following:
    ``(13) If any part of the amount received from a grant under this 
part is to be used to improve the quality, timeliness, and credibility 
of forensic science services for criminal justice purposes, a 
certification that, as of the date of enactment of this paragraph, the 
State, or unit of local government within the State, has an 
established--
            ``(A) forensic science laboratory or forensic science 
        laboratory system, that--
                    ``(i) employs 1 or more full-time scientists--
                          ``(I) whose principal duties are the 
                      examination of physical evidence for law 
                      enforcement agencies in criminal matters; and
                          ``(II) who provide testimony with respect to 
                      such physical evidence to the criminal justice 
                      system;
                    ``(ii) employs generally accepted practices and 
                procedures, as established by appropriate accrediting 
                organizations; and

[[Page 114 STAT. 2788]]

                    ``(iii) <<NOTE: Deadline.>> is accredited by the 
                Laboratory Accreditation Board of the American Society 
                of Crime Laboratory Directors or the National 
                Association of Medical Examiners, or will use a portion 
                of the grant amount to prepare and apply for such 
                accreditation by not later than 2 years after the date 
                on which a grant is initially awarded under this 
                paragraph; or
            ``(B) medical examiner's office (as defined by the National 
        Association of Medical Examiners) that--
                    ``(i) employs generally accepted practices and 
                procedures, as established by appropriate accrediting 
                organizations; and
                    ``(ii) <<NOTE: Deadline.>> is accredited by the 
                Laboratory Accreditation Board of the American Society 
                of Crime Laboratory Directors or the National 
                Association of Medical Examiners, or will use a portion 
                of the grant amount to prepare and apply for such 
                accreditation by not later than 2 years after the date 
                on which a grant is initially awarded under this 
                paragraph.''.

    (c) Paul Coverdell Forensic Sciences Improvement Grants.--
            (1) In general.--Title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by 
        adding at the end the following:

     ``PART BB--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS

``SEC. 2801. <<NOTE: 42 USC 3797j.>> GRANT AUTHORIZATION.

    ``The Attorney General shall award grants to States in accordance 
with this part.

``SEC. 2802. <<NOTE: 42 USC 3797k.>> APPLICATIONS.

    ``To request a grant under this part, a State shall submit to the 
Attorney General--
            ``(1) a certification that the State has developed a 
        consolidated State plan for forensic science laboratories 
        operated by the State or by other units of local government 
        within the State under a program described in section 2804(a), 
        and a specific description of the manner in which the grant will 
        be used to carry out that plan;
            ``(2) a certification that any forensic science laboratory 
        system, medical examiner's office, or coroner's office in the 
        State, including any laboratory operated by a unit of local 
        government within the State, that will receive any portion of 
        the grant amount uses generally accepted laboratory practices 
        and procedures, established by accrediting organizations; and
            ``(3) a specific description of any new facility to be 
        constructed as part of the program described in paragraph (1), 
        and the estimated costs of that facility, and a certification 
        that the amount of the grant used for the costs of the facility 
        will not exceed the limitations set forth in section 2804(c).

``SEC. 2803. <<NOTE: 42 USC 3797l.>> ALLOCATION.

    ``(a) In General.--

[[Page 114 STAT. 2789]]

            ``(1) Population allocation.--Seventy-five percent of the 
        amount made available to carry out this part in each fiscal year 
        shall be allocated to each State that meets the requirements of 
        section 2802 so that each State shall receive an amount that 
        bears the same ratio to the 75 percent of the total amount made 
        available to carry out this part for that fiscal year as the 
        population of the State bears to the population of all States.
            ``(2) Discretionary allocation.--Twenty-five percent of the 
        amount made available to carry out this part in each fiscal year 
        shall be allocated pursuant to the Attorney General's discretion 
        to States with above average rates of part 1 violent crimes 
        based on the average annual number of part 1 violent crimes 
        reported by such State to the Federal Bureau of Investigation 
        for the 3 most recent calendar years for which such data is 
        available.
            ``(3) Minimum requirement.--Each State shall receive not 
        less than 0.6 percent of the amount made available to carry out 
        this part in each fiscal year.
            ``(4) Proportional reduction.--If the amounts available to 
        carry out this part in each fiscal year are insufficient to pay 
        in full the total payment that any State is otherwise eligible 
        to receive under paragraph (3), then the Attorney General shall 
        reduce payments under paragraph (1) for such payment period to 
        the extent of such insufficiency. Reductions under the preceding 
        sentence shall be allocated among the States (other than States 
        whose payment is determined under paragraph (3)) in the same 
        proportions as amounts would be allocated under paragraph (1) 
        without regard to paragraph (3).

    ``(b) State Defined.--In this section, the term `State' means each 
of the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands, except that--
            ``(1) for purposes of the allocation under this section, 
        American Samoa and the Commonwealth of the Northern Mariana 
        Islands shall be considered as 1 State; and
            ``(2) for purposes of paragraph (1), 67 percent of the 
        amount allocated shall be allocated to American Samoa, and 33 
        percent shall be allocated to the Commonwealth of the Northern 
        Mariana Islands.

``SEC. 2804. <<NOTE: 42 USC 3797m.>> USE OF GRANTS.

    ``(a) In General.--A State that receives a grant under this part 
shall use the grant to carry out all or a substantial part of a program 
intended to improve the quality and timeliness of forensic science or 
medical examiner services in the State, including such services provided 
by the laboratories operated by the State and those operated by units of 
local government within the State.
    ``(b) Permitted Categories of Funding.--Subject to subsections (c) 
and (d), a grant awarded under this part--
            ``(1) may only be used for program expenses relating to 
        facilities, personnel, computerization, equipment, supplies, 
        accreditation and certification, education, and training; and
            ``(2) may not be used for any general law enforcement or 
        nonforensic investigatory function.

[[Page 114 STAT. 2790]]

    ``(c) Facilities Costs.--
            ``(1) States receiving minimum grant amount.--With respect 
        to a State that receives a grant under this part in an amount 
        that does not exceed 0.6 percent of the total amount made 
        available to carry out this part for a fiscal year, not more 
        than 80 percent of the total amount of the grant may be used for 
        the costs of any new facility constructed as part of a program 
        described in subsection (a).
            ``(2) Other states.--With respect to a State that receives a 
        grant under this part in an amount that exceeds 0.6 percent of 
        the total amount made available to carry out this part for a 
        fiscal year--
                    ``(A) not more than 80 percent of the amount of the 
                grant up to that 0.6 percent may be used for the costs 
                of any new facility constructed as part of a program 
                described in subsection (a); and
                    ``(B) not more than 40 percent of the amount of the 
                grant in excess of that 0.6 percent may be used for the 
                costs of any new facility constructed as part of a 
                program described in subsection (a).

    ``(d) Administrative Costs.--Not more than 10 percent of the total 
amount of a grant awarded under this part may be used for administrative 
expenses.

``SEC. 2805. <<NOTE: 42 USC 3797n.>> ADMINISTRATIVE PROVISIONS.

    ``(a) Regulations.--The Attorney General may promulgate such 
guidelines, regulations, and procedures as may be necessary to carry out 
this part, including guidelines, regulations, and procedures relating to 
the submission and review of applications for grants under section 2802.
    ``(b) Expenditure Records.--
            ``(1) Records.--Each State, or unit of local government 
        within the State, that receives a grant under this part shall 
        maintain such records as the Attorney General may require to 
        facilitate an effective audit relating to the receipt of the 
        grant, or the use of the grant amount.
            ``(2) Access.--The Attorney General and the Comptroller 
        General of the United States, or a designee thereof, shall have 
        access, for the purpose of audit and examination, to any book, 
        document, or record of a State, or unit of local government 
        within the State, that receives a grant under this part, if, in 
        the determination of the Attorney General, Comptroller General, 
        or designee thereof, the book, document, or record is related to 
        the receipt of the grant, or the use of the grant amount.

``SEC. 2806. <<NOTE: 42 USC 3797o.>> REPORTS.

    ``(a) Reports to Attorney General.--For each fiscal year for which a 
grant is awarded under this part, each State that receives such a grant 
shall submit to the Attorney General a report, at such time and in such 
manner as the Attorney General may reasonably require, which report 
shall include--
            ``(1) a summary and assessment of the program carried out 
        with the grant;
            ``(2) the average number of days between submission of a 
        sample to a forensic science laboratory or forensic science 
        laboratory system in that State operated by the State or by

[[Page 114 STAT. 2791]]

        a unit of local government and the delivery of test results to 
        the requesting office or agency; and
            ``(3) such other information as the Attorney General may 
        require.

    ``(b) Reports to Congress.--Not <<NOTE: Deadline.>> later than 90 
days after the last day of each fiscal year for which 1 or more grants 
are awarded under this part, the Attorney General shall submit to the 
Speaker of the House of Representatives and the President pro tempore of 
the Senate, a report, which shall include--
            ``(1) the aggregate amount of grants awarded under this part 
        for that fiscal year; and
            ``(2) a summary of the information provided under subsection 
        (a).''.
            (2) Authorization of appropriations.--
                    (A) In general.--Section 1001(a) of title I of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3753(a)) <<NOTE: 42 USC 3793.>> is amended by 
                adding at the end the following:
            ``(24) There are authorized to be appropriated to carry out 
        part BB, to remain available until expended--
                    ``(A) $35,000,000 for fiscal year 2001;
                    ``(B) $85,400,000 for fiscal year 2002;
                    ``(C) $134,733,000 for fiscal year 2003;
                    ``(D) $128,067,000 for fiscal year 2004;
                    ``(E) $56,733,000 for fiscal year 2005; and
                    ``(F) $42,067,000 for fiscal year 2006.''.
                    (B) Backlog elimination.--There is authorized to be 
                appropriated $30,000,000 for fiscal year 2001 for the 
                elimination of DNA convicted offender database sample 
                backlogs and for other related purposes, as provided in 
                the Departments of Commerce, Justice, and State, the 
                Judiciary, and Related Agencies Appropriations Act, 
                2001.
            (3) Table of contents.--Title I of the Omnibus Crime Control 
        and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
        by striking the table of contents.
            (4) Repeal of 20 percent floor for cita crime lab grants.--
        Section 102(e)(2) of the Crime Identification Technology Act of 
        1998 (42 U.S.C. 14601(e)(2)) is amended--
                    (A) in subparagraph (B), by adding ``and'' at the 
                end; and
                    (B) by striking subparagraph (C) and redesignating 
                subparagraph (D) as subparagraph (C).

SEC. 3. CLARIFICATION REGARDING CERTAIN CLAIMS.

    (a) In General.--Section 983(a)(2)(C)(ii) of title 18, United States 
Code, is amended by striking ``(and provide customary documentary 
evidence of such interest if available) and state that the claim is not 
frivolous''.
    (b) Effective Date.--The <<NOTE: 18 USC 983 note.>> amendment made 
by this section shall take effect as if included in the amendment made 
by section 2(a) of Public Law 106-185.
SEC. 4. <<NOTE: 42 USC 14135 note.>> SENSE OF CONGRESS REGARDING 
                    THE OBLIGATION OF GRANTEE STATES TO ENSURE 
                    ACCESS TO POST-CONVICTION DNA TESTING AND 
                    COMPETENT COUNSEL IN CAPITAL CASES.

    (a) Findings.--Congress finds that--
            (1) over the past decade, deoxyribonucleic acid testing 
        (referred to in this section as ``DNA testing'') has emerged

[[Page 114 STAT. 2792]]

        as the most reliable forensic technique for identifying 
        criminals when biological material is left at a crime scene;
            (2) because of its scientific precision, DNA testing can, in 
        some cases, conclusively establish the guilt or innocence of a 
        criminal defendant;
            (3) in other cases, DNA testing may not conclusively 
        establish guilt or innocence, but may have significant probative 
        value to a finder of fact;
            (4) DNA testing was not widely available in cases tried 
        prior to 1994;
            (5) new forensic DNA testing procedures have made it 
        possible to get results from minute samples that could not 
        previously be tested, and to obtain more informative and 
        accurate results than earlier forms of forensic DNA testing 
        could produce, resulting in some cases of convicted inmates 
        being exonerated by new DNA tests after earlier tests had failed 
        to produce definitive results;
            (6) DNA testing can and has resulted in the post-conviction 
        exoneration of more than 75 innocent men and women, including 
        some under sentence of death;
            (7) in more than a dozen cases, post-conviction DNA testing 
        that has exonerated an innocent person has also enhanced public 
        safety by providing evidence that led to the apprehension of the 
        actual perpetrator;
            (8) experience has shown that it is not unduly burdensome to 
        make DNA testing available to inmates in appropriate cases;
            (9) under current Federal and State law, it is difficult to 
        obtain post-conviction DNA testing because of time limits on 
        introducing newly discovered evidence;
            (10) the National Commission on the Future of DNA Evidence, 
        a Federal panel established by the Department of Justice and 
        comprised of law enforcement, judicial, and scientific experts, 
        has urged that post-conviction DNA testing be permitted in the 
        relatively small number of cases in which it is appropriate, 
        notwithstanding procedural rules that could be invoked to 
        preclude such testing, and notwithstanding the inability of an 
        inmate to pay for the testing;
            (11) only a few States have adopted post-conviction DNA 
        testing procedures;
            (12) States have received millions of dollars in DNA-related 
        grants, and more funding is needed to improve State forensic 
        facilities and to reduce the nationwide backlog of DNA samples 
        from convicted offenders and crime scenes that need to be tested 
        or retested using upgraded methods;
            (13) States that accept such financial assistance should not 
        deny the promise of truth and justice for both sides of our 
        adversarial system that DNA testing offers;
            (14) post-conviction DNA testing and other post-conviction 
        investigative techniques have shown that innocent people have 
        been sentenced to death in this country;
            (15) a constitutional error in capital cases is incompetent 
        defense lawyers who fail to present important evidence that the 
        defendant may have been innocent or does not deserve to be 
        sentenced to death; and
            (16) providing quality representation to defendants facing 
        loss of liberty or life is essential to fundamental due process 
        and the speedy final resolution of judicial proceedings.

[[Page 114 STAT. 2793]]

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) Congress should condition forensic science-related 
        grants to a State or State forensic facility on the State's 
        agreement to ensure post-conviction DNA testing in appropriate 
        cases; and
            (2) Congress should work with the States to improve the 
        quality of legal representation in capital cases through the 
        establishment of standards that will assure the timely 
        appointment of competent counsel with adequate resources to 
        represent defendants in capital cases at each stage of the 
        proceedings.

    Approved December 21, 2000.

LEGISLATIVE HISTORY--S. 3045:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
            Oct. 26, considered and passed Senate.
            Dec. 7, considered and passed House.

                                  <all>
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