U.S. Department of Justice OMB No. 1121-0329

Office of Justice Programs 

National Institute of Justice

The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of 

Justice (NIJ), is pleased to announce that it is seeking applications for funding under the 

Postconviction DNA Testing Assistance Program. This program furthers the Department’s

mission by offering assistance to States to help defray the costs associated with postconviction

DNA testing of cases of violent felony offenses where actual innocence might be demonstrated.

Postconviction DNA Testing Assistance Program

Eligibility

In general, States are eligible to apply for funding (for purposes of this solicitation, the term 

“State” includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin 

Islands, American Samoa, Guam, and the Northern Mariana Islands). To be eligible for an 

award, an applicant must submit a certification from the chief legal officer of the State as 

specified under “Eligibility” on pages 3–4.

Deadline

Applicants must register with Grants.gov prior to submitting an application. (See “How to Apply,”

page 9.) All applications are due by 11:59 p.m. eastern time on May 21, 2012. (See “Deadlines: 

Registration and Application,” page 3.)

Contact Information

For technical assistance with submitting an application, contact the Grants.gov Customer 

Support Hotline at 800–518–4726 or 606–545–5035, or via e-mail to support@grants.gov.

Note: The Grants.gov Support Hotline hours of operation are 24 hours a day, 7 days a week, 

except Federal holidays.

For assistance with any other requirements of this solicitation, contact Michael Dillon, Senior 

Grants Management Specialist, by telephone at 202–514–5528 or by e-mail at

Michael.Dillon3@usdoj.gov.

Grants.gov number assigned to announcement: NIJ–2012–3101

Release Date: March 21, 2012

SL000998
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

2

Contents

Overview................................................................................................................................ 3

Deadlines: Registration and Application ................................................................................. 3

Eligibility................................................................................................................................. 3

Program-Specific Information................................................................................................. 4

Performance Measures.......................................................................................................... 7

Notice of Post-Award FFATA Reporting Requirement....................................................9

How to Apply.......................................................................................................................... 9

What an Application Should Include......................................................................................11

Information to Complete the Application for Federal Assistance (SF–424) ........................12

Program Narrative.............................................................................................................12

Plan for Collecting the Data for This Solicitation’s Performance Measures ........................12

Budget Detail Worksheet and Budget Narrative ................................................................13

Indirect Cost Rate Agreement (if applicable) .....................................................................14

Additional Attachment .......................................................................................................14

Other Standard Forms.......................................................................................................15

Selection Criteria...................................................................................................................15

Review Process ....................................................................................................................15

Additional Requirements .......................................................................................................16

Provide Feedback to OJP on This Solicitation.......................................................................17

Application Checklist .............................................................................................................18

Appendix I: Certification Template.........................................................................................19

Appendix II: Selected Statutes ..............................................................................................21
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

3

Postconviction DNA Testing Assistance Program

(CFDA No. 16.560)

Overview

With this solicitation, NIJ seeks proposals from States wishing to receive funding to help defray 

the costs associated with postconviction DNA testing in cases that involve violent felony 

offenses (as defined by State law) in which actual innocence might be demonstrated. Funds 

may be used to review such postconviction cases, and to locate and analyze biological 

evidence associated with these cases. Where a strong justification is provided, a limited 

proportion of Federal award funds may be used for case identification. 

Postconviction DNA testing has received considerable attention in recent years. Since the 

advent of forensic DNA analysis, a number of people convicted of crimes have been 

subsequently exonerated through DNA analysis of crime scene evidence that was not tested at 

the time of trial. Additionally, newer technologies have substantially increased the successful 

DNA analysis of aged, degraded, limited, or otherwise compromised biological evidence. As a 

result, crime scene samples once thought to be unsuitable for testing in the past may now yield 

DNA profiles. Moreover, samples that previously generated inconclusive DNA results may now 

be amenable to reanalysis using newer methods.

Authorizing Legislation: Department of Justice Appropriations Act, 2012 (Public Law 112–55).

Deadlines: Registration and Application

Applicants must register with Grants.gov prior to submitting an application. OJP encourages

applicants to register several weeks before the application submission deadline. The deadline to 

apply for funding under this announcement is 11:59 p.m. eastern time on May 21, 2012. See the 

“How to Apply” section on page 9 for details.

Eligibility

States may apply for funding under this solicitation (for purposes of this solicitation, the term 

“State” includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin 

Islands, American Samoa, Guam, and the Northern Mariana Islands). To be eligible for an 

award, a State must submit an express certification from the chief legal officer of the State 

(typically the Attorney General) that the State—

1. Provides postconviction DNA testing of specified biological evidence under a State 

statute, or under State rules, regulations, or practices, to persons convicted after trial 

and under a sentence of imprisonment or death for a State offense of murder or forcible 

rape, in a manner intended to ensure a reasonable process for resolving claims of actual 

innocence. 

2. Preserves biological evidence secured in relation to the investigation or prosecution of a 

State offense of murder or forcible rape, under a State statute, local ordinances, or State 

or local rules, regulations, or practices, in a manner intended to ensure that reasonable 

measures are taken by all jurisdictions within the State to preserve such evidence. 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

4

Any certification that is submitted must be personally executed by the chief legal officer of the 

State after a determination that the certification may properly be made. To establish eligibility, 

the certification must be received by NIJ no later than the application deadline as an 

attachment to the application. See also “What an Application Should Include” below and 

Appendix 1, which includes a template for the certification.

Note: States are encouraged to review the provisions of section 413 of the Justice for All Act of 

2004 (Public Law 108–405). Although not applicable to awards under this FY 2012 solicitation,

these or related provisions may apply to future solicitations related to postconviction DNA 

testing assistance. (A copy of section 413 appears in Appendix II, along with copies of 18 

U.S.C. §§ 3600(a) and 3600A, which are referenced therein.)

Program-Specific Information

This solicitation seeks applications for funding to help defray the costs associated with 

postconviction DNA testing of cases of violent felony offenses where actual innocence might be 

demonstrated. Specifically, funding may be used to review postconviction cases of violent felony 

offenses (as defined by State law), and to locate and analyze biological evidence samples 

associated with these cases. Where a strong justification is provided, a small percentage of 

Federal award funds (not to exceed 15 percent) may be used for permissible case identification 

activities.

For the purposes of this announcement—

Case identification means performing outreach and/or initial screening activities, other than 

“case review” as defined below, designed to identify postconviction cases of violent felony

offenses (as defined by State law) where DNA analysis might demonstrate actual 

innocence. Permissible outreach and initial screening mechanisms are face-to-face 

meetings, closed-circuit television meetings, eligibility letters/questionnaires/applications, 

telephone calls, and computerized searches of state court records.

Case review means review of files or documentation of postconviction cases of violent 

felony offenses (as defined by State law) by appropriate persons (e.g., prosecutors, public 

defenders, law enforcement personnel, and medical examiners) to determine whether 

biological evidence exists that might, through DNA analysis, demonstrate the actual 

innocence of the person previously convicted. 

Locate evidence means seeking to locate, following a case review, biological evidence 

that, through DNA analysis, might demonstrate actual innocence, through activities such as 

the searching of files, storage facilities, and evidence rooms. 

DNA analysis of biological evidence includes the handling, screening, and DNA analysis 

of biological evidence located in connection with a case review. 

All DNA analyses conducted using funding from this program must be performed by a laboratory 

(government-owned or fee-for-service) that is accredited and that undergoes external audits at 

least once every 2 years to demonstrate compliance with the applicable DNA Quality Assurance 

Standards established by the Director of the Federal Bureau of Investigation.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

5

Each DNA analysis conducted under this program must be maintained pursuant to any 

applicable Federal privacy requirements.

Goals, Objectives, and Deliverables

States receiving Postconviction DNA Testing Assistance funds are expected to —

1. Review appropriate postconviction cases to identify those in which DNA testing could 

prove the actual innocence of a person convicted of a violent felony offense(s) as 

defined by State law. 

2. Locate biological evidence associated with such postconviction cases. 

3. Perform DNA analysis of appropriate biological evidence. 

Awardees must submit data in their progress reports detailing the target number of cases to be 

reviewed with grant funds; the number and types of cases reviewed with grant funds; the 

number of cases where an evidence search was conducted as well as the number of actual 

evidence searches conducted; the number of cases where biological evidence existed as well 

as the number of evidence searches that yielded biological evidence; the number of cases 

where biological evidence had been destroyed or was missing as well as the number of actual 

searches in which biological evidence had been destroyed or was missing; the approximate 

number of hours in each case spent on case review, locating evidence, and DNA analysis; the 

number of cases where DNA analysis was performed as well as the number of pieces of 

evidence analyzed; the number of profiles uploaded into CODIS; and, if applicable, the number 

of matches resulting from profiles uploaded into CODIS.

Amount and Length of Awards

Total funding for this solicitation and the number of awards made will depend on the availability 

of funds, the quality of the applications, and other pertinent factors. NIJ anticipates that 

approximately $3.5 million may become available for up to 10 awards. All awards are subject 

to the availability of appropriated funds and to any modifications or additional 

requirements that may be imposed by law.

In general, NIJ will limit its grants under this program to a maximum period of 24 months after 

the start of the award.

Budget Information

Permissible Uses of Funds

1. Supplies. Funds may be used to acquire laboratory supplies for DNA analysis of biological 

evidence. 

2. Overtime. Funds may be used for overtime for people directly engaged in case review, 

location of evidence, or DNA analysis of biological evidence. Any payments for overtime 

must be in accordance with the applicable provisions of the OJP Financial Guide, available 

at www.ojp.usdoj.gov/financialguide. 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

6

3. Consultant and Contractor Services. Funds may be used to hire consultants and/or 

temporary contract staff to conduct case reviews, locate evidence, or conduct DNA analysis 

of biological evidence. Funds may also be used for contracts with accredited fee-for-service 

vendors to conduct DNA analysis of biological evidence. 

4. Computer Equipment. Funds may be used to upgrade, replace, lease, or purchase 

computer hardware or software that will be used exclusively for case review, location of 

evidence, or DNA analysis of biological evidence.

5. Salary and Benefits of Additional Employees. Funds may be used for salaries and 

benefits of additional full- or part-time employees to the extent such employees are directly 

engaged in case review, location of evidence, or DNA analysis of biological evidence. 

Applicants should provide documentation that any new full- or part-time employee(s) will be 

directly engaged in these activities.

6. Case Identification. In limited cases, with prior written authorization from NIJ based on a 

strong and specific written justification, a small percentage of award funds may be used for 

case identification activities, as defined above. See “Limitation on Use of Award Funds for 

Case Identification,” below.

What will not be funded 

Federal funds awarded under this program may only be used for the permissible uses of funds 

outlined above. Among other things, they may not be used for:

1. Work that will be funded under another specific solicitation.

2. Proposals that do not respond to the specific goals of this solicitation.

3. Salaries and benefits for victim advocacy services.

4. Outreach and initial screening activities not included in case identification,

as defined above.

5. Laboratory equipment.

6. Construction.

7. Renovation.

Limitation on Use of Award Funds for Employee Compensation; Waiver

With respect to any award of more than $250,000 made under this solicitation, federal funds 

may not be used to pay total cash compensation (salary plus bonuses) to any employee of the 

award recipient at a rate that exceeds 110% of the maximum annual salary payable to a 

member of the Federal Government’s Senior Executive Service (SES) at an agency with a 

Certified SES Performance Appraisal System for that year. The 2012 salary table for SES 

employees is available at www.opm.gov/oca/12tables/indexSES.asp. Note: A recipient may 

compensate an employee at a higher rate, provided the amount in excess of this compensation 

limitation is paid with non-federal funds. (Any such additional compensation will not be 

considered matching funds where match requirements apply.)

The limitation on compensation rates allowable under an award may be waived on an individual 

basis at the discretion of the Assistant Attorney General (AAG) for OJP. An applicant requesting

a waiver should include a detailed justification in the budget narrative of its application. Unless 

the applicant submits a waiver request and justification with the application, the applicant should 

anticipate that OJP will request the applicant to adjust and resubmit its budget.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

7

The justification should include the particular qualifications and expertise of the individual, the 

uniqueness of the service being provided, the individual’s specific knowledge of the program or 

project being undertaken with award funds, and a statement explaining that the individual’s 

salary is commensurate with the regular and customary rate for an individual with his/her 

qualifications and expertise, and for the work to be done.

Limitation on Use of Award Funds for Case Identification

Where supported by a strong and specific written justification, NIJ may authorize a small 

percentage of a grant under this solicitation (not to exceed 15 percent of the federal award 

amount) to be used for case identification activities as defined above. Justification should be 

included in the program narrative section of the application.

Minimization of Conference Costs

No OJP funding can be used to purchase food and/or beverages for any meeting, conference, 

training, or other event. Exceptions to this restriction may be made only in cases where such 

sustenance is not otherwise available (i.e., extremely remote areas), or where a special 

presentation at a conference requires a plenary address where there is no other time for 

sustenance to be obtained. Such an exception would require prior approval from OJP. This 

restriction does not apply to water provided at no cost, but does apply to any and all other 

refreshments, regardless of the size or nature of the meeting. Additionally, this restriction does 

not impact direct payment of per diem amounts to individuals in a travel status under the 

organization’s travel policy.

Updated Department of Justice and OJP guidance on conference planning, minimization of 

costs, and conference cost reporting will be forthcoming and will be accessible on the OJP 

website at www.ojp.usdoj.gov/funding/funding.htm.

Costs Associated with Language Assistance (if applicable)

If an applicant proposes a program or activity that would deliver services or benefits to 

individuals, the costs of taking reasonable steps to provide meaningful access to those services 

or benefits by individuals with limited English proficiency may be allowable costs. Reasonable 

steps to provide meaningful access to services or benefits may include interpretation or 

translation services where appropriate.

For additional information, see the "Civil Rights Compliance" section of the OJP "Other 

Requirements for OJP Applications" Web page 

(www.ojp.usdoj.gov/funding/other_requirements.htm).

Match Requirement

See “Cofunding” paragraph under “What an Application Should Include” (below).

Performance Measures

To assist the Department in fulfilling its responsibilities under the Government Performance and 

Results Act of 1993 (GPRA), Public Law 103–62, and the GPRA Modernization Act of 2010, 

Public Law 111–352, applicants that receive funding under this solicitation must provide data 

that measure the results of their work done under this solicitation. Any award recipient will be 

required, post award, to provide the data requested in the “Data Grantee Provides” column so 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

8

that OJP can calculate values for the “Performance Measures” column. Performance measures 

for this solicitation are as follows:

Objective Performance Measures Data Grantee Provides

To help defray the costs 

associated with 

postconviction DNA 

testing in cases of violent 

felony offenses (as 

defined by State law) 

where DNA analysis 

might demonstrate actual 

innonence.

1. Percentage of target cases to 

be reviewed with grant funds.

2. Number of reviewed cases 

where a search to locate 

evidence was conducted.

3. Number of searches 

conducted to locate 

evidence.

4. Percentage of reviewed 

cases that yielded biological 

evidence.

5. Percentage of searches 

conducted that yielded 

biological evidence.

6. Percentage of cases where 

biological evidence had been 

destroyed or was missing.

7. Percentage of searches 

conducted in which biological 

evidence had been 

destroyed or was missing.

8. Approximate number of 

hours spent on case review, 

locating evidence, and DNA 

analysis.

9. Percentage of cases 

subjected to DNA analysis 

that yielded a viable DNA 

profile.

10. Average number of pieces of 

evidence analyzed for cases 

subjected to DNA analysis.

11. Number of profiles uploaded 

into CODIS.

12. Percentage of profiles 

resulting in a CODIS hit.

1. Target number of cases to be 

reviewed with grant funds.

2. Number of cases reviewed with 

grant funds.

3. Number of reviewed cases 

where a search to locate 

evidence was conducted.

4. Number of searches conducted 

to locate evidence.

5. Number of reviewed cases that 

yielded biological evidence.

6. Number of searches that 

yielded biological evidence.

7. Number of cases where 

biological evidence had been 

destroyed or was missing.

8. Number of searches in which 

biological evidence had been 

destroyed or was missing.

9. Approximate number of hours 

spent on case review, locating 

evidence, and DNA analysis.

10. Number of cases where DNA 

analysis was performed.

11. Number of cases subjected to 

a DNA analysis that yielded a 

viable DNA profile.

12. Number of pieces of evidence 

analyzed.

13. Number of profiles uploaded 

into CODIS.

14. Number of CODIS profile 

matches.

Submission of performance measures data is not required for the application. Instead, 

applicants should discuss in their application their proposed methods for collecting data for 

performance measures. Refer to the section “What an Application Should Include” on page 11

for additional information.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

9

Note on Project Evaluations (if applicable)

Applicants that propose to use funds awarded through this solicitation to conduct project

evaluations should be aware that certain project evaluations (such as systematic investigations 

designed to develop or contribute to generalizable knowledge) may constitute “research” for 

purposes of applicable DOJ human subjects protection regulations. However, project 

evaluations that are intended only to generate internal improvements to a program or service, or 

are conducted only to meet OJP’s performance measure data reporting requirements likely do 

not constitute “research.” Applicants should provide sufficient information for OJP to determine 

whether the particular project they propose would either intentionally or unintentionally collect 

and/or use information in such a way that it meets the DOJ regulatory definition of research.

Research, for the purposes of human subjects protections for OJP-funded programs, is defined 

as “a systematic investigation, including research development, testing, and evaluation, 

designed to develop or contribute to generalizable knowledge” 28 C.F.R. § 46.102(d). For 

additional information on determining whether a proposed activity would constitute research, 

see the decision tree to assist applicants on the “Research and the Protection of Human 

Subjects” section of the OJP “Other Requirements for OJP Applications” Web page

(www.ojp.usdoj.gov/funding/other_requirements.htm). Applicants whose proposals may involve 

a research or statistical component also should review the “Confidentiality” section on that Web 

page.

Notice of Post-Award FFATA Reporting Requirement

Applicants should anticipate that OJP will require all recipients (other than individuals) of awards 

of $25,000 or more under this solicitation, consistent with the Federal Funding Accountability 

and Transparency Act of 2006 (FFATA), to report award information on any first-tier subawards 

totaling $25,000 or more, and, in certain cases, to report information on the names and total 

compensation of the five most highly compensated executives of the recipient and first-tier 

subrecipients. Each applicant entity must ensure that it has the necessary processes and 

systems in place to comply with the reporting requirements should it receive funding. Reports 

regarding subawards will be made through the FFATA Subaward Reporting System (FSRS), 

found at www.fsrs.gov.

Please note also that applicants should anticipate that no subaward of an award made under 

this solicitation may be made to a subrecipient (other than an individual) unless the potential 

subrecipient acquires and provides a Data Universal Numbering System (DUNS) number.

How to Apply

Applications will be submitted through Grants.gov. Grants.gov is a “one-stop storefront” that 

provides a unified process for all customers of federal awards to find funding opportunities and 

apply for funding. Complete instructions on how to register and submit an application can be 

found at www.Grants.gov. If the applicant experiences technical difficulties at any point during 

this process, call the Grants.gov Customer Support Hotline at 800–518–4726 or 606–545–5035, 

24 hours a day, 7 days a week, except federal holidays. Registering with Grants.gov is a onetime process; however, processing delays may occur, and it can take up to several weeks

for first-time registrants to receive confirmation and a user password. OJP highly recommends 

that applicants start the registration process as early as possible to prevent delays in submitting 

an application package by the specified application deadline.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

10

All applicants are required to complete the following steps:

1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office 

of Management and Budget requires that all applicants (other than individuals) for 

federal funds include a DUNS number in their applications for a new award or renewal of 

an existing award. A DUNS number is a unique nine-digit sequence recognized as the 

universal standard for identifying and keeping track of entities receiving federal funds. 

The identifier is used for tracking purposes and to validate address and point of contact 

information for federal assistance applicants, recipients, and subrecipients. The DUNS 

number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, 

one-time activity. Obtain a DUNS number by calling Dun and Bradstreet at 866–705–

5711 or by applying online at www.dnb.com. A DUNS number is usually received within 

1–2 business days.

2. Acquire or renew registration with the Central Contractor Registration (CCR)

database. OJP requires that all applicants (other than individuals) for federal financial 

assistance maintain current registrations in the CCR database. An applicant must be 

registered in the CCR to successfully register in Grants.gov. The CCR database is the 

repository for standard information about Federal financial assistance applicants, 

recipients, and subrecipients. Organizations that have previously submitted applications 

via Grants.gov are already registered with CCR, as it is a requirement for Grants.gov 

registration. Note, however, that applicants must update or renew their CCR 

registration annually to maintain an active status. Information about CCR registration 

procedures can be accessed at www.ccr.gov.

3. Acquire an Authorized Organization Representative (AOR) and a Grants.gov 

username and password. Complete the AOR profile on Grants.gov and create a 

username and password. The applicant organization’s DUNS number must be used to 

complete this step. For more information about the registration process, go to 

www.grants.gov/applicants/get_registered.jsp.

4. Acquire confirmation for the AOR from the E-Business Point of Contact (E-Biz 

POC). The E-Biz POC at the applicant organization must log into Grants.gov to confirm 

the applicant organization’s AOR. Note that there can be more than one AOR for the 

organization.

5. Search for the funding opportunity on Grants.gov. Use the following identifying 

information when searching for the funding opportunity on Grants.gov. The Catalog of 

Federal Domestic Assistance (CFDA) number for this solicitation is 16.560, titled 

“National Institute of Justice Research, Evaluation, and Development Project Grants,”

and the funding opportunity number is NIJ-2012-3101.

6. Complete the Disclosure of Lobbying Activities. All applicants must complete this 

information. An applicant that expends any funds for lobbying activities must provide the 

detailed information requested on the form, Disclosure of Lobbying Activities (SF-LLL). 

An applicant that does not expend any funds for lobbying activities should enter “N/A” in 

the required highlighted fields. 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

11

7. Submit an application consistent with this solicitation by following the directions 

in Grants.gov. Within 24–48 hours after submitting the electronic application, the 

applicant should receive an e-mail validation message from Grants.gov. The validation 

message will state whether the application has been received and validated, or rejected, 

with an explanation. Important: Applicants are urged to submit applications at least 72 

hours prior to the due date of the application to allow time to receive the validation 

message and to correct any problems that may have caused a rejection notification.

Note: Grants.gov will forward the application to OJP’s Grants Management System 

(GMS). GMS does not accept executable file types as application attachments. These 

disallowed file types include, but are not limited to, the following extensions: “.com,” “.bat,”

“.exe,” “.vbs,” “.cfg,” “.dat,” “.db,” “.dbf,” “.dll,” “.ini,” “.log,” “.ora,” “.sys,” and “.zip.”

Note: Duplicate Applications

If an applicant submits multiple versions of an application, NIJ will review the most recent 

version submitted. 

Experiencing Unforeseen Grants.gov Technical Issues

If an applicant experiences unforeseen Grants.gov technical issues beyond the applicant’s

control that prevent submission of its application by the deadline, the applicant must email the 

NIJ contact identified in the Contact Information section on the title page within 24 hours after 

the application deadline and request approval to submit its application. The applicant must 

include in the e-mail: a description of the technical difficulties, a timeline of submission efforts, 

the complete grant application, the applicant DUNS number, and Grants.gov Help Desk tracking 

number(s) the applicant has received. Note: Requests are not automatically approved by 

NIJ. After the program office reviews all of the information submitted, and contacts the 

Grants.gov Help Desk to validate the technical issues reported, OJP will contact the applicant to 

either approve or deny the request to submit a late application. If the technical issues reported 

cannot be validated, the application will be rejected as untimely. 

The following conditions are not valid reasons to permit late submissions: (1) failure to begin the 

registration process in sufficient time, (2) failure to follow Grants.gov instructions on how to 

register and apply as posted on its Web site, (3) failure to follow all of the instructions in the OJP 

solicitation, and (4) technical issues experienced with the applicant’s computer or information 

technology (IT) environment, including firewalls.

Notifications regarding known technical problems with Grants.gov, if any, are posted at the top 

of the OJP funding Web page at www.ojp.usdoj.gov/funding/solicitations.htm.

What an Application Should Include

Applicants should anticipate that failure to submit an application that contains all of the specified 

elements may negatively affect the review of the application; and, should a decision be made to 

make an award, it may result in the inclusion of special conditions that preclude access to or 

use of award funds pending satisfaction of the conditions. 

Moreover, applicants should anticipate that applications that are unresponsive to the scope of 

the solicitation, or that do not include application elements designated by NIJ to be critical, will 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

12

neither proceed to peer review nor receive further consideration. Under this solicitation, NIJ has 

designated the following application elements as critical: program narrative, budget detail 

worksheet and budget narrative, resumes/curriculum vitae of key personnel, and the required 

express certification from the chief legal officer of the State (see “Eligibility,” pages 3-4, and

Appendix I). The Budget Narrative and Budget Detail Worksheet may be combined in one 

document. However, if only one document is submitted, it must contain both narrative and detail

information.

OJP strongly recommends use of appropriately descriptive file names (e.g., “Program 

Narrative,” “Budget Detail Worksheet and Budget Narrative,” “Timelines,” “Memoranda of 

Understanding,” “Resumes”) for all attachments. OJP recommends that resumes be included in 

a single file.

1. Information to Complete the Application for Federal Assistance (SF–424)

The SF–424 is a standard form required for use as a cover sheet for submission of preapplications, applications, and related information. Grants.gov and GMS take information 

from the applicant’s profile to populate the fields on this form. 

2. Program Narrative

The program narrative section of the application should not exceed 25 double-spaced 

pages in 12-point font with 1-inch margins. Abstract, table of contents, charts, figures, 

appendices, and government forms do not count toward the 25-page limit for the 

narrative section.

If the program narrative fails to comply with these length-related restrictions, 

noncompliance may be considered in peer review and in final award decisions.

Program Narrative Guidelines: 

a. Title Page (not counted against the 25-page program narrative limit).

The title page should include the title of the project, submission date, funding 

opportunity number, and the applicant’s name and complete contact information 

(i.e., name, address, telephone number, and e-mail address).

b. Project Abstract (not counted against the 25-page program narrative limit and 

not to exceed 600 words). The proposal abstract should serve as a succinct and 

accurate description of the proposed work. Applicants should concisely describe 

project goals and objectives, project plans, and methods for achieving the goals. 

Once an award has been granted, the abstract is computerized and serves as a 

summary available to all interested parties for the duration of the grant.

c. Table of Contents and Figures (not counted against the 25-page program 

narrative limit). 

d. Main Body. The main body of the program narrative should describe the project 

in depth. The following sections should be included as part of the program 

narrative: 

Statement of the Problem. 

Project/Program Design and Implementation. 

Capabilities/Competencies. 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

13

Impact/Outcomes and Evaluation. 

Plan for Collecting the Data Required for This Solicitation’s 

Performance Measures. 

Note: Submission of performance measures data is not required for 

the application. Performance measures are included as an alert that 

successful applicants will be required to submit specific data to NIJ as 

part of their reporting requirements. For the application, the applicant 

should indicate an understanding of these requirements and discuss 

how the applicant will gather the required data, should the applicant 

receive funding. 

Note: Within the above 5 sections, the narrative should address:

Purpose, goals, objectives, and expected results. 

Implementation approach, including case review selection criteria and 

the target number of cases to be reviewed with grant funds.

Management plan and organization. 

Need and relevance to the goals and objectives of the program.

Detailed justification for specific case identification activities proposed

for federal funding, if applicable (not to exceed 15% of the federal 

award amount).

Implications for criminal justice policy and practice in the United 

States.

f. Appendices (not counted against the 25-page program narrative limit) include:

Bibliography/references, if applicable.

Any tools/instruments, questionnaires, tables/charts/graphs, or maps 

pertaining to the proposed project.

Curriculum vitae, resumes, or biographical sketches of key personnel. 

Project timeline with expected milestones. 

Letters of cooperation/support or administrative agreements from 

organizations collaborating in the project, if applicable.

Human Subjects Protection Paperwork including Institutional Review 

Board (IRB) documentation and forms (see 

www.ojp.gov/nij/funding/humansubjects/human-subjects.htm).

Privacy Certificate (for further guidance go to 

www.ojp.gov/nij/funding/humansubjects/privacy-certificateguidance.htm).

List of previous and current NIJ awards to applicant organization.

List of other agencies, organizations, or funding sources to which this 

proposal has been submitted (if applicable).

Other materials specified by the solicitation.

3. Budget Detail Worksheet and Budget Narrative

a. Budget Detail Worksheet 

A sample Budget Detail Worksheet can be found at

www.ojp.gov/funding/forms/budget_detail.pdf. If the budget is submitted in a different 

format, the budget categories listed in the sample budget worksheet should be 

included.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

14

For questions pertaining to budget and examples of allowable and unallowable costs,

see the OJP Financial Guide at www.ojp.usdoj.gov/financialguide/index.htm.

b. Budget Narrative

The Budget Narrative should thoroughly and clearly describe every category of 

expense listed in the Budget Detail Worksheet. Proposed budgets are expected to 

be complete; reasonable and allowable; cost effective; and necessary for project 

activities. The narrative should be mathematically sound and correspond with the 

information and figures provided in the Budget Detail Worksheet. The narrative 

should explain how all costs were estimated and calculated and how they are 

relevant to the completion of the proposed project. The narrative may include tables 

for clarification purposes but need not be in a spreadsheet format. 

Case Identification: The budget detail worksheet and budget narrative should 

clearly indicate the cost breakouts for any proposed case identification activities 

(total cost not to exceed 15% of the total Federal award amount requested), in the 

appropriate cost category (e.g., personnel, fringe benefits, travel, equipment, 

supplies, and consultants/contracts), as a separate section of the budget documents.

Cofunding: A grant made by NIJ under this solicitation may account for up to 100 

percent of the total cost of the project. The application should indicate whether it is 

feasible for the applicant to contribute cash, facilities, or services as non-Federal 

support for the project. The application should identify generally any such 

contributions that the applicant expects to make and the proposed budget should 

indicate in detail which items, if any, will be supported with non-Federal contributions.

If a successful application proposes a voluntary match amount, the match amount 

incorporated into the OJP-approved budget becomes mandatory and subject to 

audit.

4. Indirect Cost Rate Agreement (if applicable)

Indirect costs are allowed only if the applicant has a federally approved indirect cost rate. 

(This requirement does not apply to units of local government.) A copy of the rate 

approval should be attached. If the applicant does not have an approved rate, one can 

be requested by contacting the applicant’s cognizant Federal agency, which will review 

all documentation and approve a rate for the applicant organization or, if the applicant’s 

accounting system permits, costs may be allocated in the direct cost categories. If DOJ 

is the cognizant Federal agency, obtain information needed to submit an indirect cost 

rate proposal at www.ojp.usdoj.gov/funding/pdfs/indirect_costs.pdf.

5. Additional Attachment

Certification as to Provision of Postconviction DNA Testing and Preservation of 

Biological Evidence

As described above in the “Eligibility” section, to be eligible for an award, a State must 

submit a specific certification personally executed by its chief legal officer (typically the 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

15

Attorney General) regarding the provision of postconviction DNA testing and 

preservation of biological evidence. A template for the certification appears in 

Appendix I. Any such certification must be received by NIJ by the application 

deadline, as an attachment, or the application will neither proceed to peer review 

nor receive further consideration.

6. Other Standard Forms

Additional forms that may be required in connection with an award are available on

OJP’s funding page at www.ojp.usdoj.gov/funding/forms.htm. For successful applicants, 

receipt of funds may be contingent upon submission of all necessary forms. Please note 

in particular the following forms.

a. Standard Assurances

Applicants must read, certify, and submit this form in GMS prior to the receipt 

of any award funds.

b. Certifications Regarding Lobbying; Debarment, Suspension and Other 

Responsibility Matters; and Drug-Free Workplace Requirements

Applicants must read, certify, and submit in GMS prior to the receipt of any 

award funds.

c. Accounting System and Financial Capability Questionnaire

(required for any applicant other than an individual that is a non-governmental 

entity and that has not received any award from OJP within the past 3 years; 

this form must be downloaded, completed, and submitted)

Selection Criteria

Statement of the Problem (Understanding of the problem and its importance)—10% 

1. Awareness of the state of current DNA technology and DNA testing relative to 

postconviction cases.

Project/Program Design and Implementation (Quality and technical merit)—35% 

1. How requested funds will be used to help defray costs of postconviction DNA testing. 

2. Demonstration of multi-agency cooperation and collaboration (e.g., partnerships).

3. Need and relevance to the goals and objectives of the program. 

4. Feasibility of proposed project and awareness of pitfalls. 

5. Innovation and creativity (when appropriate).

6. Strength of the justification for case identification costs, if applicable.

Capabilities/Competencies (Capabilities, demonstrated productivity, and experience of 

applicants)—25%

1. Qualifications and experience of proposed staff. 

2. Demonstrated ability of proposed staff and organization to manage the effort. 

3. Adequacy of the plan to manage the project, including how various tasks are subdivided 

and resources are used.

4. Successful past performance on NIJ grants and contracts (when applicable). 
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

16

Budget—15%

1. Total cost of the project relative to the perceived benefit (cost-effectiveness). 

2. Appropriateness of the budget relative to the level of effort. 

3. Use of existing resources to conserve costs. 

4. “Case identification” activities (if any) are identified in a separate section.

Impact/Outcomes and Evaluation/Plan for Collecting Data 

for Performance Measures—15% 

1. Potential for significant outcomes. 

2. Plan for collecting data required for this solicitation’s performance measures. 

Review Process

OJP is committed to ensuring a fair and open process for awarding grants. NIJ reviews the 

application to make sure that the information presented is reasonable, understandable, 

measurable, and achievable, as well as consistent with the solicitation.

Peer reviewers will review the applications submitted under this solicitation that meet basic 

minimum requirements. NIJ may use either internal peer reviewers, external peer reviewers, or 

a combination, to review the applications under this solicitation. An external peer reviewer is an 

expert in the subject matter of a given solicitation who is NOT a current DOJ employee. An 

internal reviewer is a current DOJ employee who is well-versed or has expertise in the subject 

matter of this solicitation. Applications that meet basic minimum requirements will be evaluated, 

scored, and rated by a peer review panel. Peer reviewers’ ratings and any resulting 

recommendations are advisory only. In addition to peer review ratings, considerations for award 

recommendations and decisions may include, but are not limited to, underserved populations, 

geographic diversity, strategic priorities, past performance, and available funding.

The Office of the Chief Financial Officer (OCFO), in consultation with NIJ, conducts a financial 

review of applications for potential discretionary awards to evaluate the fiscal integrity and 

financial capability of applicants; examines proposed costs to determine if the Budget Detail 

Worksheet and Budget Narrative accurately explain project costs; and determines whether 

costs are reasonable, necessary, and allowable under applicable federal cost principles and 

agency regulations.

Absent explicit statutory authorization or written delegation of authority to the contrary, all final 

award decisions will be made by the Assistant Attorney General (AAG), who also may give 

consideration to factors including, but not limited to, underserved populations, geographic 

diversity, strategic priorities, past performance, and available funding when making awards.

Additional Requirements

Applicants selected for awards must agree to comply with additional legal requirements upon 

acceptance of an award. OJP strongly encourages applicants to review the information 

pertaining to these additional requirements prior to submitting an application. Additional 

information for each requirement can be found at

www.ojp.usdoj.gov/funding/other_requirements.htm.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

17

Civil Rights Compliance

Faith-Based and Other Community Organizations

Confidentiality

Research and the Protection of Human Subjects

Anti-Lobbying Act

Financial and Government Audit Requirements

National Environmental Policy Act (NEPA)

DOJ Information Technology Standards (if applicable) 

Single Point of Contact Review

Non-Supplanting of State or Local Funds

Criminal Penalty for False Statements

Compliance with Office of Justice Programs Financial Guide

Suspension or Termination of Funding

Nonprofit Organizations

For-Profit Organizations

Government Performance and Results Act (GPRA)

Rights in Intellectual Property 

Federal Funding Accountability and Transparency Act (FFATA) of 2006

Awards in Excess of $5,000,000 – Federal Taxes Certification Requirement

Active CCR Registration

If a proposal is funded, the award recipient will be required to submit several reports and other 

materials, including quarterly financial reports, semi-annual progress reports, a final progress 

report, and, if applicable, an annual audit report in accordance with Office of Management and 

Budget Circular A–133. Future awards and fund drawdowns may be withheld if reports are 

delinquent. 

Provide Feedback to OJP on This Solicitation

To assist OJP in improving its application and award processes, we encourage applicants to 

provide feedback on this solicitation, the application submission process, and/or the application 

review/peer review process. Feedback can be provided to 

OJPSolicitationFeedback@usdoj.gov.
NIJ–2012–3101

OMB No. 1121-0329

Approval Expires 02/28/2013

18

Application Checklist

Postconviction DNA Testing Assistance Program

The application checklist has been created to assist in developing an application. 

Eligibility Requirement: 

_____ Certification as to Provision of Postconviction DNA Testing and Preservation 

of Biological Evidence (see pages 3–4 and Appendix I) 

What an Application Should Include: 

_____ Application for Federal Assistance (SF–424) (see page 12) 

_____ Program Narrative (see page 12)

_____ Double-spaced 

_____ 12-point standard font 

_____ 1” standard margins 

_____ Narrative is 25 pages or less 

_____ Appendices to the Program Narrative (see page 13)

_____ Bibliography/references (if applicable)

_____ Any tools/instruments, questionnaires, tables/charts/graphs, or maps 

pertaining to the proposed project 

_____ Curriculum vitae, resumes, or biographical sketches of key personnel 

_____ Project timeline with expected milestones 

_____ Letters of cooperation/support or administrative agreements from 

organizations collaborating in the project (if applicable)

_____ Human Subjects Protection Paperwork 

_____ Privacy Certificate 

_____ List of previous and current NIJ awards to applicant organization 

_____ List of other agencies, organizations, or funding sources to which 

this proposal has been submitted (if applicable)

_____ Budget Detail Worksheet (see page 13)

_____ Budget Narrative (see page 14)

_____ Disclosure of Lobbying Activities (SF–LLL) (see page 10)

_____ Indirect Cost Rate Agreement (if applicable) (see page 14)

_____ Other Standard Forms as applicable (see page 15)
Appendix I: Certification Template
NIJ–2012–3101

20

U.S. DEPARTMENT OF JUSTICE 

OFFICE OF JUSTICE PROGRAMS 

NATIONAL INSTITUTE OF JUSTICE 

FY 2012 Postconviction DNA Testing Assistance Program 

On behalf of the applicant State (as defined in the solicitation) named below, I certify the 

following to the National Institute of Justice, Office of Justice Programs, U.S. Department 

of Justice: 

(A) The State provides postconviction DNA testing of specified biological 

evidence under a State statute, or under State rules, regulations, or 

practices, to persons convicted after trial and under a sentence of 

imprisonment or death for a State offense of murder or forcible rape, 

in a manner intended to ensure a reasonable process for resolving 

claims of actual innocence; and 

(B) The State preserves biological evidence secured in relation to the 

investigation or prosecution of a State offense of murder or forcible 

rape under a State statute, local ordinances, or State or local rules, 

regulations, or practices, in a manner intended to ensure that 

reasonable measures are taken by all jurisdictions within the State to 

preserve such evidence.

I am the chief legal officer of the applicant State and have authority to make this certification. I 

am aware that a false statement in this certification may be the subject of criminal prosecution, 

including under 18 U.S.C. § 1001. I also acknowledge that certifications provided in connection 

with Office of Justice Programs grants are subject to review by the Office of Justice Programs 

and/or by the Department of Justice’s Office of the Inspector General. 

_______________________________ 

Signature of Certifying Official 

_______________________________

Printed Name of Certifying Official 

_______________________________ 

Title of Certifying Official 

_______________________________ 

Name of Applicant State 

_______________________________ 

Date

Certification as to Provision of Postconviction DNA Testing 

and Preservation of Biological Evidence
NIJ–2012–3101

21

Appendix II: Selected Statutes

(See “NOTE” in the “Eligibility” section of the solicitation.)
NIJ–2012–3101

22

Section 413 of the Justice for All Act of 2004 (Public Law 108–405) provides: 

Incentive grants to States to ensure consideration of claims of actual innocence. 

For each of fiscal years 2005 through 2009, all funds appropriated to carry out sections 303, 305, 308, 

and 412 shall be reserved for grants to eligible entities that—

(1) meet the requirements under section 303, 305, 308, or 412, as appropriate; and 

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

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

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

[October 30, 2004] (or extended or renewed after such date), to persons 

convicted after trial and under a sentence of imprisonment or death for a State 

felony offense, in a manner that ensures a reasonable process for resolving 

claims of actual innocence; or 

(ii) under a State statute enacted after the date of enactment of this Act [October 

30, 2004], or under a State rule, regulation, or practice, to persons under a 

sentence of imprisonment or death for a State felony offense, in a manner 

comparable to section 3600(a) of title 18, United States Code (provided that the 

State statute, rule, regulation, or practice may make post-conviction DNA testing 

available in cases in which such testing is not required by such section), and if 

the results of such testing exclude the applicant, permits the applicant to apply 

for post-conviction relief, notwithstanding any provision of law that would 

otherwise bar such application as untimely; and 

(B) preserves biological evidence secured in relation to the investigation or prosecution of 

a State offense—

(i) under a State statute or a State or local rule, regulation, or practice, enacted or 

adopted before the date of enactment of this Act [October 30, 2004] (or extended 

or renewed after such date), in a manner that ensures that reasonable measures 

are taken by all jurisdictions within the State to preserve such evidence; or 

(ii) under a State statute or a State or local rule, regulation, or practice, enacted 

or adopted after the date of enactment of this Act [October 30, 2004], in a 

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

(I) all jurisdictions within the State comply with this requirement; and 

(II) such jurisdictions may preserve such evidence for longer than the 

period of time that such evidence would be required to be preserved 

under such section 3600A.

18 U.S.C. § 3600(a) provides: 

DA testing

(a) In general.—Upon a written motion by an individual under a sentence of imprisonment or 

death pursuant to a conviction for a Federal offense (referred to in this section as the "applicant"), 

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

the court finds that all of the following apply: 
NIJ–2012–3101

23

(1) The applicant asserts, under penalty of perjury, that the applicant is actually innocent 

of—

(A) the Federal offense for which the applicant is under a sentence of 

imprisonment or death; or 

(B) another Federal or State offense, if—

(i) evidence of such offense was admitted during a Federal death 

sentencing hearing and exoneration of such offense would entitle the 

applicant to a reduced sentence or new sentencing hearing; and 

(ii) in the case of a State offense—

(I) the applicant demonstrates that there is no adequate remedy 

under State law to permit DNA testing of the specified evidence 

relating to the State offense; and 

(II) to the extent available, the applicant has exhausted all 

remedies available under State law for requesting DNA testing of 

specified evidence relating to the State offense. 

(2) The specific evidence to be tested was secured in relation to the investigation or 

prosecution of the Federal or State offense referenced in the applicant's assertion under 

paragraph (1). 

(3) The specific evidence to be tested—

(A) was not previously subjected to DNA testing and the applicant did not—

(i) knowingly and voluntarily waive the right to request DNA testing of 

that evidence in a court proceeding after the date of enactment of the 

Innocence Protection Act of 2004 [October 30, 2004]; or 

(ii) knowingly fail to request DNA testing of that evidence in a prior 

motion for post-conviction DNA testing; or 

(B) was previously subjected to DNA testing and the applicant is requesting DNA 

testing using a new method or technology that is substantially more probative 

than the prior DNA testing. 

(4) The specific evidence to be tested is in the possession of the Government and has 

been subject to a chain of custody and retained under conditions sufficient to ensure that 

such evidence has not been substituted, contaminated, tampered with, replaced, or 

altered in any respect material to the proposed DNA testing.

(5) The proposed DNA testing is reasonable in scope, uses scientifically sound methods, 

and is consistent with accepted forensic practices. 

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

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

(B) would establish the actual innocence of the applicant of the Federal or State 

offense referenced in the applicant's assertion under paragraph (1). 

(7) If the applicant was convicted following a trial, the identity of the perpetrator was at 
NIJ–2012–3101

24

issue in the trial. 

(8) The proposed DNA testing of the specific evidence may produce new material 

evidence that would—

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

(B) raise a reasonable probability that the applicant did not commit the offense. 

(9) The applicant certifies that the applicant will provide a DNA sample for purposes of 

comparison. 

(10) The motion is made in a timely fashion, subject to the following conditions: 

(A) There shall be a rebuttable presumption of timeliness if the motion is made 

within 60 months of enactment of the Justice For All Act of 2004 [October 30, 

2004] or within 36 months of conviction, whichever comes later. Such 

presumption may be rebutted upon a showing—

(i) that the applicant's motion for a DNA test is based solely upon 

information used in a previously denied motion; or 

(ii) of clear and convincing evidence that the applicant's filing is done 

solely to cause delay or harass. 

(B) There shall be a rebuttable presumption against timeliness for any motion not 

satisfying subparagraph (A) above. Such presumption may be rebutted upon the 

court's finding—

(i) that the applicant was or is incompetent and such incompetence 

substantially contributed to the delay in the applicant's motion for a DNA 

test; 

(ii) the evidence to be tested is newly discovered DNA evidence; 

(iii) that the applicant's motion is not based solely upon the applicant's 

own assertion of innocence and, after considering all relevant facts and 

circumstances surrounding the motion, a denial would result in a 

manifest injustice; or 

(iv) upon good cause shown.

(C) For purposes of this paragraph—

(i) the term "incompetence" has the meaning as defined in section 4241 

of title 18, United States Code; 

(ii) the term "manifest" means that which is unmistakable, clear, plain, or 

indisputable and requires that the opposite conclusion be clearly evident. 
NIJ–2012–3101

25

18 U.S.C. § 3600A provides: 

Preservation of biological evidence

(a) In general.—Notwithstanding any other provision of law, the Government shall preserve 

biological evidence that was secured in the investigation or prosecution of a Federal offense, if a 

defendant is under a sentence of imprisonment for such offense.

(b) Defined term.—For purposes of this section, the term "biological evidence" means—

(1) a sexual assault forensic examination kit; or 

(2) semen, blood, saliva, hair, skin tissue, or other identified biological material. 

(c) Applicability.—Subsection (a) shall not apply if—

(1) a court has denied a request or motion for DNA testing of the biological evidence by 

the defendant under section 3600, and no appeal is pending; 

(2) the defendant knowingly and voluntarily waived the right to request DNA testing of the 

biological evidence in a court proceeding conducted after the date of enactment of the 

Innocence Protection Act of 2004 [October 30, 2004]; 

(3) after a conviction becomes final and the defendant has exhausted all opportunities for 

direct review of the conviction, the defendant is notified that the biological evidence may 

be destroyed and the defendant does not file a motion under section 3600 within 180 

days of receipt of the notice; 

(4) (A) the evidence must be returned to its rightful owner, or is of such a size, bulk, 

or physical character as to render retention impracticable; and 

(B) the Government takes reasonable measures to remove and preserve 

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

(5) the biological evidence has already been subjected to DNA testing under section 

3600 and the results included the defendant as the source of such evidence. 

(d) Other preservation requirement.—Nothing in this section shall preempt or supersede any 

statute, regulation, court order, or other provision of law that may require evidence, including 

biological evidence, to be preserved.

(e) Regulations.—Not later than 180 days after the date of enactment of the Innocence Protection 

Act of 2004 [October 30, 2004], the Attorney General shall promulgate regulations to implement 

and enforce this section, including appropriate disciplinary sanctions to ensure that employees 

comply with such regulations.

(f) Criminal penalty.—Whoever knowingly and intentionally destroys, alters, or tampers with 

biological evidence that is required to be preserved under this section with the intent to prevent 

that evidence from being subjected to DNA testing or prevent the production or use of that 

evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 

years, or both.

(g) Habeas corpus.—Nothing in this section shall provide a basis for relief in any Federal habeas 

corpus proceeding.