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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5107 Engrossed in House (EH)]

  2d Session

                               H. R. 5107

_______________________________________________________________________

                                 AN ACT

To protect crime victims' rights, 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.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  2d Session
                                H. R. 5107

_______________________________________________________________________

                                 AN ACT

 
To protect crime victims' rights, 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Justice for All 
Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
   TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA 
            GILLIS, AND NILA LYNN CRIME VICTIMS' RIGHTS ACT

Sec. 101. Short title.
Sec. 102. Crime victims' rights.
Sec. 103. Increased resources for enforcement of crime victims' rights.
Sec. 104. Reports.
                   TITLE II--DEBBIE SMITH ACT OF 2004

Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA 
                            backlog.
           TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

Sec. 301. Short title.
Sec. 302. Ensuring public crime laboratory compliance with Federal 
                            standards.
Sec. 303. DNA training and education for law enforcement, correctional 
                            personnel, and court officers.
Sec. 304. Sexual assault forensic exam program grants.
Sec. 305. DNA research and development.
Sec. 306. National Forensic Science Commission.
Sec. 307. FBI DNA programs.
Sec. 308. DNA identification of missing persons.
Sec. 309. Enhanced criminal penalties for unauthorized disclosure or 
                            use of DNA information.
Sec. 310. Tribal coalition grants.
Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement 
                            Grant Program.
Sec. 312. Report to Congress.
               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

Sec. 401. Short title.
        Subtitle A--Exonerating the innocent through DNA testing

Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims 
                            of actual innocence.
 Subtitle B--Improving the quality of representation in State capital 
                                 cases

Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.
         Subtitle C--Compensation for the wrongfully convicted

Sec. 431. Increased compensation in Federal cases for the wrongfully 
                            convicted.
Sec. 432. Sense of Congress regarding compensation in State death 
                            penalty cases.

   TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA 
            GILLIS, AND NILA LYNN CRIME VICTIMS' RIGHTS ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Scott Campbell, Stephanie Roper, 
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights 
Act''.

SEC. 102. CRIME VICTIMS' RIGHTS.

    (a) Amendment to Title 18.--Part II of title 18, United States 
Code, is amended by adding at the end the following:

                  ``CHAPTER 237--CRIME VICTIMS' RIGHTS

``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
    ``(a) Rights of Crime Victims.--A crime victim has the following 
rights:
            ``(1) The right to be reasonably protected from the 
        accused.
            ``(2) The right to reasonable, accurate, and timely notice 
        of any public court proceeding, or any parole proceeding, 
        involving the crime or of any release or escape of the accused.
            ``(3) The right not to be excluded from any such public 
        court proceeding, unless the court, after receiving clear and 
        convincing evidence, determines that testimony by the victim 
        would be materially altered if the victim heard other testimony 
        at that proceeding.
            ``(4) The right to be reasonably heard at any public 
        proceeding in the district court involving release, plea, 
        sentencing, or any parole proceeding.
            ``(5) The reasonable right to confer with the attorney for 
        the Government in the case.
            ``(6) The right to full and timely restitution as provided 
        in law.
            ``(7) The right to proceedings free from unreasonable 
        delay.
            ``(8) The right to be treated with fairness and with 
        respect for the victim's dignity and privacy.
    ``(b) Rights Afforded.--In any court proceeding involving an 
offense against a crime victim, the court shall ensure that the crime 
victim is afforded the rights described in subsection (a). Before 
making a determination described in subsection (a)(3), the court shall 
make every effort to permit the fullest attendance possible by the 
victim and shall consider reasonable alternatives to the exclusion of 
the victim from the criminal proceeding. The reasons for any decision 
denying relief under this chapter shall be clearly stated on the 
record.
    ``(c) Best Efforts To Accord Rights.--
            ``(1) Government.--Officers and employees of the Department 
        of Justice and other departments and agencies of the United 
        States engaged in the detection, investigation, or prosecution 
        of crime shall make their best efforts to see that crime 
        victims are notified of, and accorded, the rights described in 
        subsection (a).
            ``(2) Advice of attorney.--The prosecutor shall advise the 
        crime victim that the crime victim can seek the advice of an 
        attorney with respect to the rights described in subsection 
        (a).
            ``(3) Notice.--Notice of release otherwise required 
        pursuant to this chapter shall not be given if such notice may 
        endanger the safety of any person.
    ``(d) Enforcement and Limitations.--
            ``(1) Rights.--The crime victim or the crime victim's 
        lawful representative, and the attorney for the Government may 
        assert the rights described in subsection (a). A person accused 
        of the crime may not obtain any form of relief under this 
        chapter.
            ``(2) Multiple crime victims.--In a case where the court 
        finds that the number of crime victims makes it impracticable 
        to accord all of the crime victims the rights described in 
        subsection (a), the court shall fashion a reasonable procedure 
        to give effect to this chapter that does not unduly complicate 
        or prolong the proceedings.
            ``(3) Motion for relief and writ of mandamus.--The rights 
        described in subsection (a) shall be asserted in the district 
        court in which a defendant is being prosecuted for the crime 
        or, if no prosecution is underway, in the district court in the 
        district in which the crime occurred. The district court shall 
        take up and decide any motion asserting a victim's right 
        forthwith. If the district court denies the relief sought, the 
        movant may petition the court of appeals for a writ of 
        mandamus. The court of appeals may issue the writ on the order 
        of a single judge pursuant to circuit rule or the Federal Rules 
        of Appellate Procedure. The court of appeals shall take up and 
        decide such application forthwith within 72 hours after the 
        petition has been filed. In no event shall proceedings be 
        stayed or subject to a continuance of more than five days for 
        purposes of enforcing this chapter. If the court of appeals 
        denies the relief sought, the reasons for the denial shall be 
        clearly stated on the record in a written opinion.
            ``(4) Error.--In any appeal in a criminal case, the 
        Government may assert as error the district court's denial of 
        any crime victim's right in the proceeding to which the appeal 
        relates.
            ``(5) Limitation on relief.--In no case shall a failure to 
        afford a right under this chapter provide grounds for a new 
        trial. A victim may make a motion to re-open a plea or sentence 
        only if--
                    ``(A) the victim has asserted the right to be heard 
                before or during the proceeding at issue and such right 
                was denied;
                    ``(B) the victim petitions the court of appeals for 
                a writ of mandamus within 10 days; and
                    ``(C) in the case of a plea, the accused has not 
                pled to the highest offense charged.
        This paragraph does not affect the victim's right to 
        restitution as provided in title 18, United States Code.''.
            ``(6) No cause of action.--Nothing in this chapter shall be 
        construed to authorize a cause of action for damages or to 
        create, to enlarge, or to imply any duty or obligation to any 
        victim or other person for the breach of which the United 
        States or any of its officers or employees could be held liable 
        in damages. Nothing in this chapter shall be construed to 
        impair the prosecutorial discretion of the Attorney General or 
        any officer under his direction.
    ``(e) Definitions.--For the purposes of this chapter, the term 
`crime victim' means a person directly and proximately harmed as a 
result of the commission of a Federal offense or an offense in the 
District of Columbia. In the case of a crime victim who is under 18 
years of age, incompetent, incapacitated, or deceased, the legal 
guardians of the crime victim or the representatives of the crime 
victim's estate, family members, or any other persons appointed as 
suitable by the court, may assume the crime victim's rights under this 
chapter, but in no event shall the defendant be named as such guardian 
or representative.
    ``(f) Procedures To Promote Compliance.--
            ``(1) Regulations.--Not later than 1 year after the date of 
        enactment of this chapter, the Attorney General of the United 
        States shall promulgate regulations to enforce the rights of 
        crime victims and to ensure compliance by responsible officials 
        with the obligations described in law respecting crime victims.
            ``(2) Contents.--The regulations promulgated under 
        paragraph (1) shall--
                    ``(A) designate an administrative authority within 
                the Department of Justice to receive and investigate 
                complaints relating to the provision or violation of 
                the rights of a crime victim;
                    ``(B) require a course of training for employees 
                and offices of the Department of Justice that fail to 
                comply with provisions of Federal law pertaining to the 
                treatment of crime victims, and otherwise assist such 
                employees and offices in responding more effectively to 
                the needs of crime victims;
                    ``(C) contain disciplinary sanctions, including 
                suspension or termination from employment, for 
                employees of the Department of Justice who willfully or 
                wantonly fail to comply with provisions of Federal law 
                pertaining to the treatment of crime victims; and
                    ``(D) provide that the Attorney General, or the 
                designee of the Attorney General, shall be the final 
                arbiter of the complaint, and that there shall be no 
                judicial review of the final decision of the Attorney 
                General by a complainant.''.
    (b) Table of Chapters.--The table of chapters for part II of title 
18, United States Code, is amended by inserting at the end the 
following:

``237. Crime victims' rights................................    3771''.
    (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act 
of 1990 (42 U.S.C. 10606) is repealed.

SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.

    (a) Crime Victims Legal Assistance Grants.--The Victims of Crime 
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after 
section 1404C the following:

``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified public and private entities, to develop, establish, 
and maintain programs for the enforcement of crime victims' rights as 
provided in law.
    ``(b) Prohibition.--Grant amounts under this section may not be 
used to bring a cause of action for damages.
    ``(c) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section, subject to appropriation.''.
    (b) Authorization of Appropriations.--In addition to funds made 
available under section 1402(d) of the Victims of Crime Act of 1984, 
there are authorized to be appropriated to carry out this title--
            (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each 
        of fiscal years 2006, 2007, 2008, and 2009 to United States 
        Attorneys Offices for Victim/Witnesses Assistance Programs;
            (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each 
        of the fiscal years 2006, 2007, 2008, and 2009, to the Office 
        for Victims of Crime of the Department of Justice for 
        enhancement of the Victim Notification System;
            (3) $300,000 in fiscal year 2005 and $500,000 for each of 
        the fiscal years 2006, 2007, 2008, and 2009, to the Office for 
        Victims of Crime of the Department of Justice for staff to 
        administer the appropriation for the support of organizations 
        as designated under paragraph (4);
            (4) $7,000,000 for fiscal year 2005 and $11,000,000 for 
        each of the fiscal years 2006, 2007, 2008, and 2009, to the 
        Office for Victims of Crime of the Department of Justice, for 
        the support of organizations that provide legal counsel and 
        support services for victims in criminal cases for the 
        enforcement of crime victims' rights in Federal jurisdictions, 
        and in States and tribal governments that have laws 
        substantially equivalent to the provisions of chapter 237 of 
        title 18, United States Code; and
            (5) $5,000,000 for fiscal year 2005 and $7,000,000 for each 
        of fiscal years 2006, 2007, 2008, and 2009, to the Office for 
        Victims of Crime of the Department of Justice, for the support 
        of--
                    (A) training and technical assistance to States and 
                tribal jurisdictions to craft state-of-the-art victims' 
                rights laws; and
                    (B) training and technical assistance to States and 
                tribal jurisdictions to design a variety of compliance 
                systems, which shall include an evaluation component.
    (c) Increased Resources To Develop State-of-the-Art Systems for 
Notifying Crime Victims of Important Dates and Developments.--The 
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by 
inserting after section 1404D the following:

``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified public or private entities, to develop and implement 
state-of-the-art systems for notifying victims of crime of important 
dates and developments relating to the criminal proceedings at issue in 
a timely and efficient manner, provided that the jurisdiction has laws 
substantially equivalent to the provisions of chapter 237 of title 18, 
United States Code.
    ``(b) Integration of Systems.--Systems developed and implemented 
under this section may be integrated with existing case management 
systems operated by the recipient of the grant.
    ``(c) Authorization of Appropriations.--In addition to funds made 
available under section 1402(d), there are authorized to be 
appropriated to carry out this section--
            ``(1) $5,000,000 for fiscal year 2005; and
            ``(2) $5,000,000 for each of the fiscal years 2006, 2007, 
        2008, and 2009.
    ``(d) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section, subject to appropriation.''.

SEC. 104. REPORTS.

    (a) Administrative Office of the United States Courts.--Not later 
than 1 year after the date of enactment of this Act and annually 
thereafter, the Administrative Office of the United States Courts, for 
each Federal court, shall report to Congress the number of times that a 
right established in chapter 237 of title 18, United States Code, is 
asserted in a criminal case and the relief requested is denied and, 
with respect to each such denial, the reason for such denial, as well 
as the number of times a mandamus action is brought pursuant to chapter 
237 of title 18, and the result reached.
    (b) Government Accountability Office.--
            (1) Study.--The Comptroller General shall conduct a study 
        that evaluates the effect and efficacy of the implementation of 
        the amendments made by this title on the treatment of crime 
        victims in the Federal system.
            (2) Report.--Not later than 4 years after the date of 
        enactment of this Act, the Comptroller General shall prepare 
        and submit to the appropriate committees a report containing 
        the results of the study conducted under subsection (a).

                   TITLE II--DEBBIE SMITH ACT OF 2004

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Debbie Smith Act of 2004''.

SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

    (a) Designation of Program; Eligibility of Local Governments as 
Grantees.--Section 2 of the DNA Analysis Backlog Elimination Act of 
2000 (42 U.S.C. 14135) is amended--
            (1) by amending the heading to read as follows:

``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.'';

            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``or units of local 
                        government'' after ``eligible States''; and
                            (ii) by inserting ``or unit of local 
                        government'' after ``State'';
                    (B) in paragraph (2), by inserting before the 
                period at the end the following: ``, including samples 
                from rape kits, samples from other sexual assault 
                evidence, and samples taken in cases without an 
                identified suspect''; and
                    (C) in paragraph (3), by striking ``within the 
                State'';
            (3) in subsection (b)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State'' both places that 
                        term appears; and
                            (ii) by inserting ``, as required by the 
                        Attorney General'' after ``application shall'';
                    (B) in paragraph (1), by inserting ``or unit of 
                local government'' after ``State'';
                    (C) in paragraph (3), by inserting ``or unit of 
                local government'' after ``State'' the first place that 
                term appears;
                    (D) in paragraph (4)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking ``and'' at the end;
                    (E) in paragraph (5)--
                            (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (F) by adding at the end the following:
            ``(6) if submitted by a unit of local government, certify 
        that the unit of local government has taken, or is taking, all 
        necessary steps to ensure that it is eligible to include, 
        directly or through a State law enforcement agency, all 
        analyses of samples for which it has requested funding in the 
        Combined DNA Index System; and'';
            (4) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``The plan'' and inserting ``A 
                        plan pursuant to subsection (b)(1)'';
                            (ii) in subparagraph (A), by striking 
                        ``within the State''; and
                            (iii) in subparagraph (B), by striking 
                        ``within the State''; and
                    (B) in paragraph (2)(A), by inserting ``and units 
                of local government'' after ``States'';
            (5) in subsection (e)--
                    (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' both places that term 
                appears; and
                    (B) in paragraph (2), by inserting ``or unit of 
                local government'' after ``State'';
            (6) in subsection (f), in the matter preceding paragraph 
        (1), by inserting ``or unit of local government'' after 
        ``State'';
            (7) in subsection (g)--
                    (A) in paragraph (1), by inserting ``or unit of 
                local government'' after ``State''; and
                    (B) in paragraph (2), by inserting ``or units of 
                local government'' after ``States''; and
            (8) in subsection (h), by inserting ``or unit of local 
        government'' after ``State'' both places that term appears.
    (b) Reauthorization and Expansion of Program.--Section 2 of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by inserting ``(1) or'' 
                before ``(2)''; and
                    (B) by inserting at the end the following:
            ``(4) To collect DNA samples specified in paragraph (1).
            ``(5) To ensure that DNA testing and analysis of samples 
        from crimes, including sexual assault and other serious violent 
        crimes, are carried out in a timely manner.'';
            (2) in subsection (b), as amended by this section, by 
        inserting at the end the following:
            ``(7) specify that portion of grant amounts that the State 
        or unit of local government shall use for the purpose specified 
        in subsection (a)(4).'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Formula for Distribution of Grants.--
            ``(1) In general.--The Attorney General shall distribute 
        grant amounts, and establish appropriate grant conditions under 
        this section, in conformity with a formula or formulas that are 
        designed to effectuate a distribution of funds among eligible 
        States and units of local government that--
                    ``(A) maximizes the effective utilization of DNA 
                technology to solve crimes and protect public safety; 
                and
                    ``(B) allocates grants among eligible entities 
                fairly and efficiently to address jurisdictions in 
                which significant backlogs exist, by considering--
                            ``(i) the number of offender and casework 
                        samples awaiting DNA analysis in a 
                        jurisdiction;
                            ``(ii) the population in the jurisdiction; 
                        and
                            ``(iii) the number of part 1 violent crimes 
                        in the jurisdiction.
            ``(2) Minimum amount.--The Attorney General shall allocate 
        to each State not less than 0.50 percent of the total amount 
        appropriated in a fiscal year for grants under this section, 
        except that the United States Virgin Islands, American Samoa, 
        Guam, and the Northern Mariana Islands shall each be allocated 
        0.125 percent of the total appropriation.
            ``(3) Limitation.--Grant amounts distributed under 
        paragraph (1) shall be awarded to conduct DNA analyses of 
        samples from casework or from victims of crime under subsection 
        (a)(2) in accordance with the following limitations:
                    ``(A) For fiscal year 2005, not less than 50 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(B) For fiscal year 2006, not less than 50 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(C) For fiscal year 2007, not less than 45 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(D) For fiscal year 2008, not less than 40 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).
                    ``(E) For fiscal year 2009, not less than 40 
                percent of the grant amounts shall be awarded for 
                purposes under subsection (a)(2).'';
            (4) in subsection (g)--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) a description of the priorities and plan for awarding 
        grants among eligible States and units of local government, and 
        how such plan will ensure the effective use of DNA technology 
        to solve crimes and protect public safety.'';
            (5) in subsection (j), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) $151,000,000 for fiscal year 2005;
            ``(2) $151,000,000 for fiscal year 2006;
            ``(3) $151,000,000 for fiscal year 2007;
            ``(4) $151,000,000 for fiscal year 2008; and
            ``(5) $151,000,000 for fiscal year 2009.''; and
            ``(6) by adding at the end the following:
    ``(k) Use of Funds for Accreditation and Audits.--The Attorney 
General may distribute not more than 1 percent of the grant amounts 
under subsection (j)--
            ``(1) to States or units of local government to defray the 
        costs incurred by laboratories operated by each such State or 
        unit of local government in preparing for accreditation or 
        reaccreditation;
            ``(2) in the form of additional grants to States, units of 
        local government, or nonprofit professional organizations of 
        persons actively involved in forensic science and nationally 
        recognized within the forensic science community--
                    ``(A) to defray the costs of external audits of 
                laboratories operated by such State or unit of local 
                government, which participates in the National DNA 
                Index System, to determine whether the laboratory is in 
                compliance with quality assurance standards;
                    ``(B) to assess compliance with any plans submitted 
                to the National Institute of Justice, which detail the 
                use of funds received by States or units of local 
                government under this Act; and
                    ``(C) to support future capacity building efforts; 
                and
            ``(3) in the form of additional grants to nonprofit 
        professional associations actively involved in forensic science 
        and nationally recognized within the forensic science community 
        to defray the costs of training persons who conduct external 
        audits of laboratories operated by States and units of local 
        government and which participate in the National DNA Index 
        System.
    ``(l) Use of Funds for Other Forensic Sciences.--The Attorney 
General may award a grant under this section to a State or unit of 
local government to alleviate a backlog of cases with respect to a 
forensic science other than DNA analysis if the State or unit of local 
government--
            ``(1) certifies to the Attorney General that in such State 
        or unit--
                    ``(A) all of the purposes set forth in subsection 
                (a) have been met;
                    ``(B) a significant backlog of casework is not 
                waiting for DNA analysis; and
                    ``(C) there is no need for significant laboratory 
                equipment, supplies, or additional personnel for timely 
                DNA processing of casework or offender samples; and
            ``(2) demonstrates to the Attorney General that such State 
        or unit requires assistance in alleviating a backlog of cases 
        involving a forensic science other than DNA analysis.
    ``(m) External Audits and Remedial Efforts.--In the event that a 
laboratory operated by a State or unit of local government which has 
received funds under this Act has undergone an external audit conducted 
to determine whether the laboratory is in compliance with standards 
established by the Director of the Federal Bureau of Investigation, 
and, as a result of such audit, identifies measures to remedy 
deficiencies with respect to the compliance by the laboratory with such 
standards, the State or unit of local government shall implement any 
such remediation as soon as practicable.''.

SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.

    (a) Inclusion of All DNA Samples From States.--Section 210304 of 
the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
            (1) in subsection (a)(1), by striking ``of persons 
        convicted of crimes;'' and inserting the following: ``of--
                    ``(A) persons convicted of crimes;
                    ``(B) persons who have been charged in an 
                indictment or information with a crime; and
                    ``(C) other persons whose DNA samples are collected 
                under applicable legal authorities, provided that DNA 
                profiles from arrestees who have not been charged in an 
                indictment or information with a crime, and DNA samples 
                that are voluntarily submitted solely for elimination 
                purposes shall not be included in the National DNA 
                Index System;''; and
            (2) in subsection (d)(2)--
                    (A) by striking ``if the responsible agency'' and 
                inserting ``if--
                    ``(i) the responsible agency'';
                    (B) by striking the period at the end and inserting 
                ``; or''; and
                    (C) by adding at the end the following:
                    ``(ii) the person has not been convicted of an 
                offense on the basis of which that analysis was or 
                could have been included in the index, and all charges 
                for which the analysis was or could have been included 
                in the index have been dismissed or resulted in 
                acquittal.''.
    (b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA 
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is 
amended to read as follows:
    ``(d) Qualifying Federal Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying Federal offenses are 
the following offenses, as determined by the Attorney General:
            ``(1) Any felony.
            ``(2) Any offense under chapter 109A of title 18, United 
        States Code.
            ``(3) Any crime of violence (as that term is defined in 
        section 16 of title 18, United States Code).
            ``(4) Any attempt or conspiracy to commit any of the 
        offenses in paragraphs (1) through (3).''.
    (c) Military Offenses.--Section 1565(d) of title 10, United States 
Code, is amended to read as follows:
    ``(d) Qualifying Military Offenses.--The offenses that shall be 
treated for purposes of this section as qualifying military offenses 
are the following offenses, as determined by the Secretary of Defense, 
in consultation with the Attorney General:
            ``(1) Any offense under the Uniform Code of Military 
        Justice for which a sentence of confinement for more than one 
        year may be imposed.
            ``(2) Any other offense under the Uniform Code of Military 
        Justice that is comparable to a qualifying Federal offense (as 
        determined under section 3(d) of the DNA Analysis Backlog 
        Elimination Act of 2000 (42 U.S.C. 14135a(d))).''.
    (d) Keyboard Searches.--Section 210304 of the DNA Identification 
Act of 1994 (42 U.S.C. 14132), as amended by subsection (a), is further 
amended by adding at the end the following new subsection:
    ``(e) Authority for Keyboard Searches.--
            ``(1) In general.--The Director shall ensure that any 
        person who is authorized to access the index described in 
        subsection (a) for purposes of including information on DNA 
        identification records or DNA analyses in that index may also 
        access that index for purposes of carrying out a one-time 
        keyboard search on information obtained from any DNA sample 
        lawfully collected for a criminal justice purpose except for a 
        DNA sample voluntarily submitted solely for elimination 
        purposes.
            ``(2) Definition.--For purposes of paragraph (1), the term 
        `keyboard search' means a search under which information 
        obtained from a DNA sample is compared with information in the 
        index without resulting in the information obtained from a DNA 
        sample being included in the index.
            ``(3) No preemption.--This subsection shall not be 
        construed to preempt State law.
    (e) Increased Penalties for Misuse of DNA Analyses.--(1) Section 
210305(c)(2) of the DNA Identification Act of 1994 (42 U.S.C. 
14133(c)(2)) is amended by striking ``$100,000'' and inserting 
``$250,000, or imprisoned for a period of not more than one year, or 
both''.
    (2) Section 10(c) of the DNA Analysis Backlog Elimination Act of 
2000 (42 U.S.C. 14135e(c)) is amended by striking ``$100,000'' and 
inserting ``$250,000, or imprisoned for a period of not more than one 
year, or both''.
    (f) Report to Congress.--If the Department of Justice plans to 
modify or supplement the core genetic markers needed for compatibility 
with the CODIS system, it shall notify the Judiciary Committee of the 
Senate and the Judiciary Committee of the House of Representatives in 
writing not later than 180 days before any change is made and explain 
the reasons for such change.

SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3297. Cases involving DNA evidence
    ``In a case in which DNA testing implicates an identified person in 
the commission of a felony, except for a felony offense under chapter 
109A, no statute of limitations that would otherwise preclude 
prosecution of the offense shall preclude such prosecution until a 
period of time following the implication of the person by DNA testing 
has elapsed that is equal to the otherwise applicable limitation 
period.''.
    (b) Clerical Amendment.--The table of sections for chapter 213 of 
title 18, United States Code, is amended by adding at the end the 
following:

``3297. Cases involving DNA evidence.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section if the applicable limitation 
period has not yet expired.

SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

    Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 
3796gg-6) is amended--
            (1) in subsection (a), by inserting ``dating violence,'' 
        after ``domestic violence,'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (2) through (4), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A), the following:
            ``(1) Dating violence.--The term `dating violence' means 
        violence committed by a person who is or has been in a social 
        relationship of a romantic or intimate nature with the victim. 
        The existence of such a relationship shall be determined based 
        on a consideration of--
                    ``(A) the length of the relationship;
                    ``(B) the type of relationship; and
                    ``(C) the frequency of interaction between the 
                persons involved in the relationship.''; and
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A), by inserting ``dating violence,'' 
                after ``domestic violence,'';
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``, dating violence,'' 
                        after ``between domestic violence''; and
                            (ii) by inserting ``dating violence,'' 
                        after ``victims of domestic violence,'';
                    (B) in paragraph (2), by inserting ``dating 
                violence,'' after ``domestic violence,''; and
                    (C) in paragraph (3), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (4) in subsection (d)--
                    (A) in paragraph (1), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                    (B) in paragraph (2), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                    (C) in paragraph (3), by inserting ``, dating 
                violence,'' after ``domestic violence''; and
                    (D) in paragraph (4), by inserting ``dating 
                violence,'' after ``domestic violence,'';
            (5) in subsection (e), by inserting ``dating violence,'' 
        after ``domestic violence,''; and
            (6) in subsection (f)(2)(A), by inserting ``dating 
        violence,'' after ``domestic violence,''.

SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMINATING DNA 
              BACKLOG.

    Section 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135(d)(3)) is amended to read as follows:
            ``(3) Use of vouchers or contracts for certain purposes.--
                    ``(A) In general.--A grant for the purposes 
                specified in paragraph (1), (2), or (5) of subsection 
                (a) may be made in the form of a voucher or contract 
                for laboratory services, even if the laboratory makes a 
                reasonable profit for the services.
                    ``(B) Redemption.--A voucher or contract under 
                subparagraph (A) may be redeemed at a laboratory 
                operated on a nonprofit or for-profit basis, by a 
                private entity that satisfies quality assurance 
                standards and has been approved by the Attorney 
                General.
                    ``(C) Payments.--The Attorney General may use 
                amounts authorized under subsection (j) to make 
                payments to a laboratory described under subparagraph 
                (B).''.

           TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

SEC. 301. SHORT TITLE.

    This title may be cited as the ``DNA Sexual Assault Justice Act of 
2004''.

SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL 
              STANDARDS.

    Section 210304(b)(2) of the DNA Identification Act of 1994 (42 
U.S.C. 14132(b)(2)) is amended to read as follows:
            ``(2) prepared by laboratories that--
                    ``(A) not later than 2 years after the date of 
                enactment of the DNA Sexual Assault Justice Act of 
                2004, have been accredited by a nonprofit professional 
                association of persons actively involved in forensic 
                science that is nationally recognized within the 
                forensic science community; and
                    ``(B) undergo external audits, not less than once 
                every 2 years, that demonstrate compliance with 
                standards established by the Director of the Federal 
                Bureau of Investigation; and''.

SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL 
              PERSONNEL, AND COURT OFFICERS.

    (a) In General.--The Attorney General shall make grants to provide 
training, technical assistance, education, and information relating to 
the identification, collection, preservation, analysis, and use of DNA 
samples and DNA evidence by--
            (1) law enforcement personnel, including police officers 
        and other first responders, evidence technicians, 
        investigators, and others who collect or examine evidence of 
        crime;
            (2) court officers, including State and local prosecutors, 
        defense lawyers, and judges;
            (3) forensic science professionals; and
            (4) corrections personnel, including prison and jail 
        personnel, and probation, parole, and other officers involved 
        in supervision.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $12,500,000 for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

    (a) In General.--The Attorney General shall make grants to eligible 
entities to provide training, technical assistance, education, 
equipment, and information relating to the identification, collection, 
preservation, analysis, and use of DNA samples and DNA evidence by 
medical personnel and other personnel, including doctors, medical 
examiners, coroners, nurses, victim service providers, and other 
professionals involved in treating victims of sexual assault and sexual 
assault examination programs, including SANE (Sexual Assault Nurse 
Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual 
Assault Response Team).
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' includes--
            (1) States;
            (2) units of local government; and
            (3) sexual assault examination programs, including--
                    (A) sexual assault nurse examiner (SANE) programs;
                    (B) sexual assault forensic examiner (SAFE) 
                programs;
                    (C) sexual assault response team (SART) programs;
                    (D) State sexual assault coalitions;
                    (E) medical personnel, including doctors, medical 
                examiners, coroners, and nurses, involved in treating 
                victims of sexual assault; and
                    (F) victim service providers involved in treating 
                victims of sexual assault.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 305. DNA RESEARCH AND DEVELOPMENT.

    (a) Improving DNA Technology.--The Attorney General shall make 
grants for research and development to improve forensic DNA technology, 
including increasing the identification accuracy and efficiency of DNA 
analysis, decreasing time and expense, and increasing portability.
    (b) Demonstration Projects.--The Attorney General shall make grants 
to appropriate entities under which research is carried out through 
demonstration projects involving coordinated training and commitment of 
resources to law enforcement agencies and key criminal justice 
participants to demonstrate and evaluate the use of forensic DNA 
technology in conjunction with other forensic tools. The demonstration 
projects shall include scientific evaluation of the public safety 
benefits, improvements to law enforcement operations, and cost-
effectiveness of increased collection and use of DNA evidence.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.

    (a) Appointment.--The Attorney General shall appoint a National 
Forensic Science Commission (in this section referred to as the 
``Commission''), composed of persons experienced in criminal justice 
issues, including persons from the forensic science and criminal 
justice communities, to carry out the responsibilities under subsection 
(b).
    (b) Responsibilities.--The Commission shall--
            (1) assess the present and future resource needs of the 
        forensic science community;
            (2) make recommendations to the Attorney General for 
        maximizing the use of forensic technologies and techniques to 
        solve crimes and protect the public;
            (3) identify potential scientific advances that may assist 
        law enforcement in using forensic technologies and techniques 
        to protect the public;
            (4) make recommendations to the Attorney General for 
        programs that will increase the number of qualified forensic 
        scientists available to work in public crime laboratories;
            (5) disseminate, through the National Institute of Justice, 
        best practices concerning the collection and analyses of 
        forensic evidence to help ensure quality and consistency in the 
        use of forensic technologies and techniques to solve crimes and 
        protect the public;
            (6) examine additional issues pertaining to forensic 
        science as requested by the Attorney General;
            (7) examine Federal, State, and local privacy protection 
        statutes, regulations, and practices relating to access to, or 
        use of, stored DNA samples or DNA analyses, to determine 
        whether such protections are sufficient;
            (8) make specific recommendations to the Attorney General, 
        as necessary, to enhance the protections described in paragraph 
        (7) to ensure--
                    (A) the appropriate use and dissemination of DNA 
                information;
                    (B) the accuracy, security, and confidentiality of 
                DNA information;
                    (C) the timely removal and destruction of obsolete, 
                expunged, or inaccurate DNA information; and
                    (D) that any other necessary measures are taken to 
                protect privacy; and
            (9) provide a forum for the exchange and dissemination of 
        ideas and information in furtherance of the objectives 
        described in paragraphs (1) through (8).
    (c) Personnel; Procedures.--The Attorney General shall--
            (1) designate the Chair of the Commission from among its 
        members;
            (2) designate any necessary staff to assist in carrying out 
        the functions of the Commission; and
            (3) establish procedures and guidelines for the operations 
        of the Commission.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000 for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 307. FBI DNA PROGRAMS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Federal Bureau of Investigation $42,100,000 for 
each of fiscal years 2005 through 2009 to carry out the DNA programs 
and activities described under subsection (b).
    (b) Programs and Activities.--The Federal Bureau of Investigation 
may use any amounts appropriated pursuant to subsection (a) for--
            (1) nuclear DNA analysis;
            (2) mitochondrial DNA analysis;
            (3) regional mitochondrial DNA laboratories;
            (4) the Combined DNA Index System;
            (5) the Federal Convicted Offender DNA Program; and
            (6) DNA research and development.

SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

    (a) In General.--The Attorney General shall make grants to promote 
the use of forensic DNA technology to identify missing persons and 
unidentified human remains.
    (b) Requirement.--Each State or unit of local government that 
receives funding under this section shall be required to submit the DNA 
profiles of such missing persons and unidentified human remains to the 
National Missing Persons DNA Database of the Federal Bureau of 
Investigation.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OR 
              USE OF DNA INFORMATION.

    Section 10(c) of the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135e(c)) is amended to read as follows:
    ``(c) Criminal Penalty.--A person who knowingly discloses a sample 
or result described in subsection (a) in any manner to any person not 
authorized to receive it, or obtains or uses, without authorization, 
such sample or result, shall be fined not more than $250,000, or 
imprisoned for a period of not more than one year. Each instance of 
disclosure, obtaining, or use shall constitute a separate offense under 
this subsection.''.

SEC. 310. TRIBAL COALITION GRANTS.

    (a) In General.--Section 2001 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by 
adding at the end the following:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award grants to 
        tribal domestic violence and sexual assault coalitions for 
        purposes of--
                    ``(A) increasing awareness of domestic violence and 
                sexual assault against American Indian and Alaska 
                Native women;
                    ``(B) enhancing the response to violence against 
                American Indian and Alaska Native women at the tribal, 
                Federal, and State levels; and
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                American Indian women victimized by domestic and sexual 
                violence.
            ``(2) Grants to tribal coalitions.--The Attorney General 
        shall award grants under paragraph (1) to--
                    ``(A) established nonprofit, nongovernmental tribal 
                coalitions addressing domestic violence and sexual 
                assault against American Indian and Alaska Native 
                women; and
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against American Indian and Alaska Native 
                women.
            ``(3) Eligibility for other grants.--Receipt of an award 
        under this subsection by tribal domestic violence and sexual 
        assault coalitions shall not preclude the coalition from 
        receiving additional grants under this title to carry out the 
        purposes described in subsection (b).''.
    (b) Technical Amendment.--Effective as of November 2, 2002, and as 
if included therein as enacted, Public Law 107-273 (116 Stat. 1789) is 
amended in section 402(2) by striking ``sections 2006 through 2011'' 
and inserting ``sections 2007 through 2011''.
    (c) Amounts.--Section 2007 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (as redesignated by section 402(2) of Public Law 
107-273, as amended by subsection (b)) is amended by amending 
subsection (b)(4) (42 U.S.C. 3796gg-1(b)(4)) to read as follows:
            ``(4) \1/54\ shall be available for grants under section 
        2001(d);''.

SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
              GRANT PROGRAM.

    (a) Forensic Backlog Elimination Grants.--Section 2804 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797m) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``shall use the grant to carry 
                out'' and inserting ``shall use the grant to do any one 
                or more of the following:
            ``(1) To carry out''; and
                    (B) by adding at the end the following:
            ``(2) To eliminate a backlog in the analysis of forensic 
        science evidence, including firearms examination, latent 
        prints, toxicology, controlled substances, forensic pathology, 
        questionable documents, and trace evidence.
            ``(3) To train, assist, and employ forensic laboratory 
        personnel, as needed, to eliminate such a backlog.'';
            (2) in subsection (b), by striking ``under this part'' and 
        inserting ``for the purpose set forth in subsection (a)(1)''; 
        and
            (3) by adding at the end the following:
    ``(e) Backlog Defined.--For purposes of this section, a backlog in 
the analysis of forensic science evidence exists if such evidence--
            ``(1) has been stored in a laboratory, medical examiner's 
        office, coroner's office, law enforcement storage facility, or 
        medical facility; and
            ``(2) has not been subjected to all appropriate forensic 
        testing because of a lack of resources or personnel.''.
    (b) External Audits.--Section 2802 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) a certification that a government entity exists and 
        an appropriate process is in place to conduct independent 
        external investigations into allegations of serious negligence 
        or misconduct substantially affecting the integrity of the 
        forensic results committed by employees or contractors of any 
        forensic laboratory system, medical examiner's office, 
        coroner's office, law enforcement storage facility, or medical 
        facility in the State that will receive a portion of the grant 
        amount.''.
    (c) Three-Year Extension of Authorization of Appropriations.--
Section 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3793(a)(24)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(G) $20,000,000 for fiscal year 2007;
            ``(H) $20,000,000 for fiscal year 2008; and
            ``(I) $20,000,000 for fiscal year 2009.''.
    (d) Technical Amendment.--Section 1001(a) of such Act, as amended 
by subsection (c), is further amended by realigning paragraphs (24) and 
(25) so as to be flush with the left margin.

SEC. 312. REPORT TO CONGRESS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the implementation of this title and the amendments made by this title.
    (b) Contents.--The report submitted under subsection (a) shall 
include a description of--
            (1) the progress made by Federal, State, and local entities 
        in--
                    (A) collecting and entering DNA samples from 
                offenders convicted of qualifying offenses for 
                inclusion in the Combined DNA Index System (referred to 
                in this subsection as ``CODIS'');
                    (B) analyzing samples from crime scenes, including 
                evidence collected from sexual assaults and other 
                serious violent crimes, and entering such DNA analyses 
                in CODIS; and
                    (C) increasing the capacity of forensic 
                laboratories to conduct DNA analyses;
            (2) the priorities and plan for awarding grants among 
        eligible States and units of local government to ensure that 
        the purposes of this title are carried out;
            (3) the distribution of grant amounts under this title 
        among eligible States and local governments, and whether the 
        distribution of such funds has served the purposes of the 
        Debbie Smith DNA Backlog Grant Program;
            (4) grants awarded and the use of such grants by eligible 
        entities for DNA training and education programs for law 
        enforcement, correctional personnel, court officers, medical 
        personnel, victim service providers, and other personnel 
        authorized under sections 303 and 304;
            (5) grants awarded and the use of such grants by eligible 
        entities to conduct DNA research and development programs to 
        improve forensic DNA technology, and implement demonstration 
        projects under section 305;
            (6) the steps taken to establish the National Forensic 
        Science Commission, and the activities of the Commission under 
        section 306;
            (7) the use of funds by the Federal Bureau of Investigation 
        under section 307;
            (8) grants awarded and the use of such grants by eligible 
        entities to promote the use of forensic DNA technology to 
        identify missing persons and unidentified human remains under 
        section 308;
            (9) grants awarded and the use of such grants by eligible 
        entities to eliminate forensic science backlogs under the 
        amendments made by section 202;
            (10) State compliance with the requirements set forth in 
        section 313; and
            (11) any other matters considered relevant by the Attorney 
        General.

               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Innocence Protection Act of 
2004''.

        Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.

    (a) Federal Criminal Procedure.--
            (1) In general.--Part II of title 18, United States Code, 
        is amended by inserting after chapter 228 the following:

              ``CHAPTER 228A--POST-CONVICTION DNA TESTING

``Sec.
``3600. DNA testing.
``3600A. Preservation of biological evidence.
``Sec. 3600. DNA 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:
            ``(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; or
                            ``(ii) knowingly fail to request DNA 
                        testing of that evidence in a prior motion for 
                        postconviction 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 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 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 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 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.
    ``(b) Notice to the Government; Preservation Order; Appointment of 
Counsel.--
            ``(1) Notice.--Upon the receipt of a motion filed under 
        subsection (a), the court shall--
                    ``(A) notify the Government; and
                    ``(B) allow the Government a reasonable time period 
                to respond to the motion.
            ``(2) Preservation order.--To the extent necessary to carry 
        out proceedings under this section, the court shall direct the 
        Government to preserve the specific evidence relating to a 
        motion under subsection (a).
            ``(3) Appointment of counsel.--The court may appoint 
        counsel for an indigent applicant under this section in the 
        same manner as in a proceeding under section 3006A(a)(2)(B).
    ``(c) Testing Procedures.--
            ``(1) In general.--The court shall direct that any DNA 
        testing ordered under this section be carried out by the 
        Federal Bureau of Investigation.
            ``(2) Exception.--Notwithstanding paragraph (1), the court 
        may order DNA testing by another qualified laboratory if the 
        court makes all necessary orders to ensure the integrity of the 
        specific evidence and the reliability of the testing process 
        and test results.
            ``(3) Costs.--The costs of any DNA testing ordered under 
        this section shall be paid--
                    ``(A) by the applicant; or
                    ``(B) in the case of an applicant who is indigent, 
                by the Government.
    ``(d) Time Limitation in Capital Cases.--In any case in which the 
applicant is sentenced to death--
            ``(1) any DNA testing ordered under this section shall be 
        completed not later than 60 days after the date on which the 
        Government responds to the motion filed under subsection (a); 
        and
            ``(2) not later than 120 days after the date on which the 
        DNA testing ordered under this section is completed, the court 
        shall order any post-testing procedures under subsection (f) or 
        (g), as appropriate.
    ``(e) Reporting of Test Results.--
            ``(1) In general.--The results of any DNA testing ordered 
        under this section shall be simultaneously disclosed to the 
        court, the applicant, and the Government.
            ``(2) NDIS.--The Government shall submit any test results 
        relating to the DNA of the applicant to the National DNA Index 
        System (referred to in this subsection as `NDIS').
            ``(3) Retention of dna sample.--
                    ``(A) Entry into ndis.--If the DNA test results 
                obtained under this section are inconclusive or show 
                that the applicant was the source of the DNA evidence, 
                the DNA sample of the applicant may be retained in 
                NDIS.
                    ``(B) Match with other offense.--If the DNA test 
                results obtained under this section exclude the 
                applicant as the source of the DNA evidence, and a 
                comparison of the DNA sample of the applicant results 
                in a match between the DNA sample of the applicant and 
                another offense, the Attorney General shall notify the 
                appropriate agency and preserve the DNA sample of the 
                applicant.
                    ``(C) No match.--If the DNA test results obtained 
                under this section exclude the applicant as the source 
                of the DNA evidence, and a comparison of the DNA sample 
                of the applicant does not result in a match between the 
                DNA sample of the applicant and another offense, the 
                Attorney General shall destroy the DNA sample of the 
                applicant and ensure that such information is not 
                retained in NDIS if there is no other legal authority 
                to retain the DNA sample of the applicant in NDIS.
    ``(f) Post-Testing Procedures; Inconclusive and Inculpatory 
Results.--
            ``(1) Inconclusive results.--If DNA test results obtained 
        under this section are inconclusive, the court may order 
        further testing, if appropriate, or may deny the applicant 
        relief.
            ``(2) Inculpatory results.--If DNA test results obtained 
        under this section show that the applicant was the source of 
        the DNA evidence, the court shall--
                    ``(A) deny the applicant relief; and
                    ``(B) on motion of the Government--
                            ``(i) make a determination whether the 
                        applicant's assertion of actual innocence was 
                        false, and, if the court makes such a finding, 
                        the court may hold the applicant in contempt;
                            ``(ii) assess against the applicant the 
                        cost of any DNA testing carried out under this 
                        section;
                            ``(iii) forward the finding to the Director 
                        of the Bureau of Prisons, who, upon receipt of 
                        such a finding, may deny, wholly or in part, 
                        the good conduct credit authorized under 
                        section 3632 on the basis of that finding;
                            ``(iv) if the applicant is subject to the 
                        jurisdiction of the United States Parole 
                        Commission, forward the finding to the 
                        Commission so that the Commission may deny 
                        parole on the basis of that finding; and
                            ``(v) if the DNA test results relate to a 
                        State offense, forward the finding to any 
                        appropriate State official.
            ``(3) Sentence.--In any prosecution of an applicant under 
        chapter 79 for false assertions or other conduct in proceedings 
        under this section, the court, upon conviction of the 
        applicant, shall sentence the applicant to a term of 
        imprisonment of not less than 3 years, which shall run 
        consecutively to any other term of imprisonment the applicant 
        is serving.
    ``(g) Post-Testing Procedures; Motion for New Trial or 
Resentencing.--
            ``(1) In general.--Notwithstanding any law that would bar a 
        motion under this paragraph as untimely, if DNA test results 
        obtained under this section exclude the applicant as the source 
        of the DNA evidence, the applicant may file a motion for a new 
        trial or resentencing, as appropriate. The court shall 
        establish a reasonable schedule for the applicant to file such 
        a motion and for the Government to respond to the motion.
            ``(2) Standard for granting motion for new trial or 
        resentencing.--The court shall grant the motion of the 
        applicant for a new trial or resentencing, as appropriate, if 
        the DNA test results, when considered with all other evidence 
        in the case (regardless of whether such evidence was introduced 
        at trial), establish by compelling evidence that a new trial 
        would result in an acquittal of--
                    ``(A) in the case of a motion for a new trial, the 
                Federal offense for which the applicant is under a 
                sentence of imprisonment or death; and
                    ``(B) in the case of a motion for resentencing, 
                another Federal or State offense, if 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 a new sentencing 
                proceeding.
    ``(h) Other Laws Unaffected.--
            ``(1) Post-conviction relief.--Nothing in this section 
        shall affect the circumstances under which a person may obtain 
        DNA testing or post-conviction relief under any other law.
            ``(2) Habeas corpus.--Nothing in this section shall provide 
        a basis for relief in any Federal habeas corpus proceeding.
            ``(3) Not a motion under section 2255.--A motion under this 
        section shall not be considered to be a motion under section 
        2255 for purposes of determining whether the motion or any 
        other motion is a second or successive motion under section 
        2255.
``Sec. 3600A. 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;
            ``(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, 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.''.
            (2) Clerical amendment.--The chapter analysis for part II 
        of title 18, United States Code, is amended by inserting after 
        the item relating to chapter 228 the following:

``228A. Post-conviction DNA testing.........................    3600''.
    (b) System for Reporting Motions.--
            (1) Establishment.--The Attorney General shall establish a 
        system for reporting and tracking motions filed in accordance 
        with section 3600 of title 18, United States Code.
            (2) Operation.--In operating the system established under 
        paragraph (1), the Federal courts shall provide to the Attorney 
        General any requested assistance in operating such a system and 
        in ensuring the accuracy and completeness of information 
        included in that system.
            (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General shall submit a 
        report to Congress that contains--
                    (A) a list of motions filed under section 3600 of 
                title 18, United States Code, as added by this title;
                    (B) whether DNA testing was ordered pursuant to 
                such a motion;
                    (C) whether the applicant obtained relief on the 
                basis of DNA test results; and
                    (D) whether further proceedings occurred following 
                a granting of relief and the outcome of such 
                proceedings.
            (4) Additional information.--The report required to be 
        submitted under paragraph (3) may include any other information 
        the Attorney General determines to be relevant in assessing the 
        operation, utility, or costs of section 3600 of title 18, 
        United States Code, as added by this title, and any 
        recommendations the Attorney General may have relating to 
        future legislative action concerning that section.
    (c) Effective Date; Applicability.--This section and the amendments 
made by this section shall take effect on the date of enactment of this 
Act and shall apply with respect to any offense committed, and to any 
judgment of conviction entered, before, on, or after that date of 
enactment.

SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING GRANT PROGRAM.

    (a) In General.--The Attorney General shall establish the Kirk 
Bloodsworth Post-Conviction DNA Testing Grant Program to award grants 
to States to help defray the costs of post-conviction DNA testing.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of fiscal years 2005 through 2009 to 
carry out this section.
    (c) State Defined.--For purposes of this section, the term 
``State'' means a State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the United States Virgin Islands, 
American Samoa, Guam, and the Northern Mariana Islands.

SEC. 413. 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 (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, 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 (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, 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.

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

SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.

    (a) In General.--The Attorney General shall award grants to States 
for the purpose of improving the quality of legal representation 
provided to indigent defendants in State capital cases.
    (b) Defined Term.--In this section, the term ``legal 
representation'' means legal counsel and investigative, expert, and 
other services necessary for competent representation.
    (c) Use of Funds.--Grants awarded under subsection (a)--
            (1) shall be used to establish, implement, or improve an 
        effective system for providing competent legal representation 
        to--
                    (A) indigents charged with an offense subject to 
                capital punishment;
                    (B) indigents who have been sentenced to death and 
                who seek appellate or collateral relief in State court; 
                and
                    (C) indigents who have been sentenced to death and 
                who seek review in the Supreme Court of the United 
                States; and
            (2) shall not be used to fund, directly or indirectly, 
        representation in specific capital cases.
    (d) Apportionment of Funds.--
            (1) In general.--Of the funds awarded under subsection 
        (a)--
                    (A) not less than 75 percent shall be used to carry 
                out the purpose described in subsection (c)(1)(A); and
                    (B) not more than 25 percent shall be used to carry 
                out the purpose described in subsection (c)(1)(B).
            (2) Waiver.--The Attorney General may waive the requirement 
        under this subsection for good cause shown.
    (e) Effective System.--As used in subsection (c)(1), an effective 
system for providing competent legal representation is a system that--
            (1) invests the responsibility for appointing qualified 
        attorneys to represent indigents in capital cases--
                    (A) in a public defender program that relies on 
                staff attorneys, members of the private bar, or both, 
                to provide representation in capital cases;
                    (B) in an entity established by statute or by the 
                highest State court with jurisdiction in criminal 
                cases, which is composed of individuals with 
                demonstrated knowledge and expertise in capital 
                representation; or
                    (C) pursuant to a statutory procedure enacted 
                before the date of the enactment of this Act under 
                which the trial judge is required to appoint qualified 
                attorneys from a roster maintained by a State or 
                regional selection committee or similar entity; and
            (2) requires the program described in paragraph (1)(A), the 
        entity described in paragraph (1)(B), or an appropriate entity 
        designated pursuant to the statutory procedure described in 
        paragraph (1)(C), as applicable, to--
                    (A) establish qualifications for attorneys who may 
                be appointed to represent indigents in capital cases;
                    (B) establish and maintain a roster of qualified 
                attorneys;
                    (C) except in the case of a selection committee or 
                similar entity described in paragraph (1)(C), assign 2 
                attorneys from the roster to represent an indigent in a 
                capital case, or provide the trial judge a list of not 
                more than 2 pairs of attorneys from the roster, from 
                which 1 pair shall be assigned, provided that, in any 
                case in which the State elects not to seek the death 
                penalty, a court may find, subject to any requirement 
                of State law, that a second attorney need not remain 
                assigned to represent the indigent to ensure competent 
                representation;
                    (D) conduct, sponsor, or approve specialized 
                training programs for attorneys representing defendants 
                in capital cases;
                    (E)(i) monitor the performance of attorneys who are 
                appointed and their attendance at training programs; 
                and
                    ``(ii) remove from the roster attorneys who--
                            ``(I) fail to deliver effective 
                        representation or engage in unethical conduct;
                            ``(II) fail to comply with such 
                        requirements as such program, entity, or 
                        selection committee or similar entity may 
                        establish regarding participation in training 
                        programs; or
                            ``(III) during the past 5 years, have been 
                        sanctioned by a bar association or court for 
                        ethical misconduct relating to the attorney's 
                        conduct as defense counsel in a criminal case 
                        in Federal or State court; and
                    (F) ensure funding for the cost of competent legal 
                representation by the defense team and outside experts 
                selected by counsel, who shall be compensated--
                            (i) in the case of a State that employs a 
                        statutory procedure described in paragraph 
                        (1)(C), in accordance with the requirements of 
                        that statutory procedure; and
                            (ii) in all other cases, as follows:
                                    (I) Attorneys employed by a public 
                                defender program shall be compensated 
                                according to a salary scale that is 
                                commensurate with the salary scale of 
                                the prosecutor's office in the 
                                jurisdiction.
                                    (II) Appointed attorneys shall be 
                                compensated for actual time and 
                                service, computed on an hourly basis 
                                and at a reasonable hourly rate in 
                                light of the qualifications and 
                                experience of the attorney and the 
                                local market for legal representation 
                                in cases reflecting the complexity and 
                                responsibility of capital cases.
                                    (III) Non-attorney members of the 
                                defense team, including investigators, 
                                mitigation specialists, and experts, 
                                shall be compensated at a rate that 
                                reflects the specialized skills needed 
                                by those who assist counsel with the 
                                litigation of death penalty cases.
                                    (IV) Attorney and non-attorney 
                                members of the defense team shall be 
                                reimbursed for reasonable incidental 
                                expenses.

SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

    (a) In General.--The Attorney General shall award grants to States 
for the purpose of enhancing the ability of prosecutors to effectively 
represent the public in State capital cases.
    (b) Use of Funds.--
            (1) Permitted uses.--Grants awarded under subsection (a) 
        shall be used for one or more of the following:
                    (A) To design and implement training programs for 
                State and local prosecutors to ensure effective 
                representation in State capital cases.
                    (B) To develop and implement appropriate standards 
                and qualifications for State and local prosecutors who 
                litigate State capital cases.
                    (C) To assess the performance of State and local 
                prosecutors who litigate State capital cases, provided 
                that such assessment shall not include participation by 
                the assessor in the trial of any specific capital case.
                    (D) To identify and implement any potential legal 
                reforms that may be appropriate to minimize the 
                potential for error in the trial of capital cases.
                    (E) To establish a program under which State and 
                local prosecutors conduct a systematic review of cases 
                in which a death sentence was imposed in order to 
                identify cases in which post-conviction DNA testing may 
                be appropriate.
                    (F) To provide support and assistance to the 
                families of murder victims.
            (2) Prohibited use.--Grants awarded under subsection (a) 
        shall not be used to fund, directly or indirectly, the 
        prosecution of specific capital cases.

SEC. 423. APPLICATIONS.

    (a) In General.--The Attorney General shall establish a process 
through which a State may apply for a grant under this subtitle.
    (b) Application.--
            (1) In general.--A State desiring a grant under this 
        subtitle shall submit an application to the Attorney General at 
        such time, in such manner, and containing such information as 
        the Attorney General may reasonably require.
            (2) Contents.--Each application submitted under paragraph 
        (1) shall contain--
                    (A) a certification by an appropriate officer of 
                the State that the State authorizes capital punishment 
                under its laws and conducts, or will conduct, 
                prosecutions in which capital punishment is sought;
                    (B) a description of the communities to be served 
                by the grant, including the nature of existing capital 
                defender services and capital prosecution programs 
                within such communities;
                    (C) a long-term statewide strategy and detailed 
                implementation plan that--
                            (i) reflects consultation with the 
                        judiciary, the organized bar, and State and 
                        local prosecutor and defender organizations; 
                        and
                            (ii) establishes as a priority improvement 
                        in the quality of trial-level representation of 
                        indigents charged with capital crimes and 
                        trial-level prosecution of capital crimes;
                    (D) in the case of a State that employs a statutory 
                procedure described in section 421(e)(1)(C), a 
                certification by an appropriate officer of the State 
                that the State is in substantial compliance with the 
                requirements of the applicable State statute; and
                    (E) assurances that Federal funds received under 
                this subtitle shall be--
                            (i) used to supplement and not supplant 
                        non-Federal funds that would otherwise be 
                        available for activities funded under this 
                        subtitle; and
                            (ii) allocated in accordance with section 
                        426(b).

SEC. 424. STATE REPORTS.

    (a) In General.--Each State receiving funds under this subtitle 
shall submit an annual report to the Attorney General that--
            (1) identifies the activities carried out with such funds; 
        and
            (2) explains how each activity complies with the terms and 
        conditions of the grant.
    (b) Capital Representation Improvement Grants.--With respect to the 
funds provided under section 421, a report under subsection (a) shall 
include--
            (1) an accounting of all amounts expended;
            (2) an explanation of the means by which the State--
                    (A) invests the responsibility for identifying and 
                appointing qualified attorneys to represent indigents 
                in capital cases in a program described in section 
                421(e)(1)(A), an entity described in section 
                421(e)(1)(B), or a selection committee or similar 
                entity described in section 421(e)(1)(C); and
                    (B) requires such program, entity, or selection 
                committee or similar entity, or other appropriate 
                entity designated pursuant to the statutory procedure 
                described in section 421(e)(1)(C), to--
                            (i) establish qualifications for attorneys 
                        who may be appointed to represent indigents in 
                        capital cases in accordance with section 
                        421(e)(2)(A);
                            (ii) establish and maintain a roster of 
                        qualified attorneys in accordance with section 
                        421(e)(2)(B);
                            (iii) assign attorneys from the roster in 
                        accordance with section 421(e)(2)(C);
                            (iv) conduct, sponsor, or approve 
                        specialized training programs for attorneys 
                        representing defendants in capital cases in 
                        accordance with section 421(e)(2)(D);
                            (v) monitor the performance and training 
                        program attendance of appointed attorneys, and 
                        remove from the roster attorneys who fail to 
                        deliver effective representation or fail to 
                        comply with such requirements as such program, 
                        entity, or selection committee or similar 
                        entity may establish regarding participation in 
                        training programs, in accordance with section 
                        421(e)(2)(E); and
                            (vi) ensure funding for the cost of 
                        competent legal representation by the defense 
                        team and outside experts selected by counsel, 
                        in accordance with section 421(e)(2)(F), 
                        including a statement setting forth--
                                    (I) if the State employs a public 
                                defender program under section 
                                421(e)(1)(A), the salaries received by 
                                the attorneys employed by such program 
                                and the salaries received by attorneys 
                                in the prosecutor's office in the 
                                jurisdiction;
                                    (II) if the State employs appointed 
                                attorneys under section 421(e)(1)(B), 
                                the hourly fees received by such 
                                attorneys for actual time and service 
                                and the basis on which the hourly rate 
                                was calculated;
                                    (III) the amounts paid to non-
                                attorney members of the defense team, 
                                and the basis on which such amounts 
                                were determined; and
                                    (IV) the amounts for which attorney 
                                and non-attorney members of the defense 
                                team were reimbursed for reasonable 
                                incidental expenses;
            (3) in the case of a State that employs a statutory 
        procedure described in section 421(e)(1)(C), an assessment of 
        the extent to which the State is in compliance with the 
        requirements of the applicable State statute; and
            (4) a statement confirming that the funds have not been 
        used to fund representation in specific capital cases or to 
        supplant non-Federal funds.
    (c) Capital Prosecution Improvement Grants.--With respect to the 
funds provided under section 422, a report under subsection (a) shall 
include--
            (1) an accounting of all amounts expended;
            (2) a description of the means by which the State has--
                    (A) designed and established training programs for 
                State and local prosecutors to ensure effective 
                representation in State capital cases in accordance 
                with section 422(b)(1)(A);
                    (B) developed and implemented appropriate standards 
                and qualifications for State and local prosecutors who 
                litigate State capital cases in accordance with section 
                422(b)(1)(B);
                    (C) assessed the performance of State and local 
                prosecutors who litigate State capital cases in 
                accordance with section 422(b)(1)(C);
                    (D) identified and implemented any potential legal 
                reforms that may be appropriate to minimize the 
                potential for error in the trial of capital cases in 
                accordance with section 422(b)(1)(D);
                    (E) established a program under which State and 
                local prosecutors conduct a systematic review of cases 
                in which a death sentence was imposed in order to 
                identify cases in which post-conviction DNA testing may 
                be appropriate in accordance with section 422(b)(1)(E); 
                and
                    (F) provided support and assistance to the families 
                of murder victims; and
            (3) a statement confirming that the funds have not been 
        used to fund the prosecution of specific capital cases or to 
        supplant non-Federal funds.
    (d) Public Disclosure of Annual State Reports.--The annual reports 
to the Attorney General submitted by any State under this section shall 
be made available to the public.

SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRATIVE REMEDIES.

    (a) Evaluation by Inspector General.--
            (1) In general.--As soon as practicable after the end of 
        the first fiscal year for which a State receives funds under a 
        grant made under this subtitle, the Inspector General of the 
        Department of Justice (in this section referred to as the 
        ``Inspector General'') shall--
                    (A) submit to the Committee on the Judiciary of the 
                House of Representatives and the Committee on the 
                Judiciary of the Senate a report evaluating the 
                compliance by the State with the terms and conditions 
                of the grant; and
                    (B) if the Inspector General concludes that the 
                State is not in compliance with the terms and 
                conditions of the grant, specify any deficiencies and 
                make recommendations to the Attorney General for 
                corrective action.
            (2) Priority.--In conducting evaluations under this 
        subsection, the Inspector General shall give priority to States 
        that the Inspector General determines, based on information 
        submitted by the State and other comments provided by any other 
        person, to be at the highest risk of noncompliance.
            (3) Determination for statutory procedure states.--For each 
        State that employs a statutory procedure described in section 
        421(e)(1)(C), the Inspector General shall submit to the 
        Committee on the Judiciary of the House of Representatives and 
        the Committee on the Judiciary of the Senate, not later than 
        the end of the first fiscal year for which such State receives 
        funds, a determination as to whether the State is in 
        substantial compliance with the requirements of the applicable 
        State statute.
            (4) Comments from public.--The Inspector General shall 
        receive and consider comments from any member of the public 
        regarding any State's compliance with the terms and conditions 
        of a grant made under this subtitle. To facilitate the receipt 
        of such comments, the Inspector General shall maintain on its 
        website a form that any member of the public may submit, either 
        electronically or otherwise, providing comments. The Inspector 
        General shall give appropriate consideration to all such public 
        comments in reviewing reports submitted under section 424 or in 
        establishing the priority for conducting evaluations under this 
        section.
    (b) Administrative Review.--
            (1) Comment.--Upon the submission of a report under 
        subsection (a)(1) or a determination under subsection (a)(3), 
        the Attorney General shall provide the State with an 
        opportunity to comment regarding the findings and conclusions 
        of the report or the determination.
            (2) Corrective action plan.--If the Attorney General, after 
        reviewing a report under subsection (a)(1) or a determination 
        under subsection (a)(3), determines that a State is not in 
        compliance with the terms and conditions of the grant, the 
        Attorney General shall consult with the appropriate State 
        authorities to enter into a plan for corrective action. If the 
        State does not agree to a plan for corrective action that has 
        been approved by the Attorney General within 90 days after the 
        submission of the report under subsection (a)(1) or the 
        determination under subsection (a)(3), the Attorney General 
        shall, within 30 days, issue guidance to the State regarding 
        corrective action to bring the State into compliance.
            (3) Report to congress.--Not later than 90 days after the 
        earlier of the implementation of a corrective action plan or 
        the issuance of guidance under paragraph (2), the Attorney 
        General shall submit a report to the Committee on the Judiciary 
        of the House of Representatives and the Committee on the 
        Judiciary of the Senate as to whether the State has taken 
        corrective action and is in compliance with the terms and 
        conditions of the grant.
    (c) Penalties for Noncompliance.--If the State fails to take the 
prescribed corrective action under subsection (b) and is not in 
compliance with the terms and conditions of the grant, the Attorney 
General shall discontinue all further funding under sections 421 and 
422 and require the State to return the funds granted under such 
sections for that fiscal year. Nothing in this paragraph shall prevent 
a State which has been subject to penalties for noncompliance from 
reapplying for a grant under this subtitle in another fiscal year.
    (d) Periodic Reports.--During the grant period, the Inspector 
General shall periodically review the compliance of each State with the 
terms and conditions of the grant.
    (e) Administrative Costs.--Not less than 2.5 percent of the funds 
appropriated to carry out this subtitle for each of fiscal years 2005 
through 2009 shall be made available to the Inspector General for 
purposes of carrying out this section. Such sums shall remain available 
until expended.
    (f) Special Rule for ``Statutory Procedure'' States Not in 
Substantial Compliance With Statutory Procedures.--
            (1) In general.--In the case of a State that employs a 
        statutory procedure described in section 421(e)(1)(C), if the 
        Inspector General submits a determination under subsection 
        (a)(3) that the State is not in substantial compliance with the 
        requirements of the applicable State statute, then for the 
        period beginning with the date on which that determination was 
        submitted and ending on the date on which the Inspector General 
        determines that the State is in substantial compliance with the 
        requirements of that statute, the funds awarded under this 
        subtitle shall be allocated solely for the uses described in 
        section 421.
            (2) Rule of construction.--The requirements of this 
        subsection apply in addition to, and not instead of, the other 
        requirements of this section.

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization for Grants.--There are authorized to be 
appropriated $75,000,000 for each of fiscal years 2005 through 2009 to 
carry out this subtitle.
    (b) Restriction on Use of Funds To Ensure Equal Allocation.--Each 
State receiving a grant under this subtitle shall allocate the funds 
equally between the uses described in section 421 and the uses 
described in section 422, except as provided in section 425(f).

         Subtitle C--Compensation for the Wrongfully Convicted

SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE WRONGFULLY 
              CONVICTED.

    Section 2513(e) of title 28, United States Code, is amended by 
striking ``exceed the sum of $5,000'' and inserting ``exceed $100,000 
for each 12-month period of incarceration for any plaintiff who was 
unjustly sentenced to death and $50,000 for each 12-month period of 
incarceration for any other plaintiff''.

SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE DEATH 
              PENALTY CASES.

    It is the sense of Congress that States should provide reasonable 
compensation to any person found to have been unjustly convicted of an 
offense against the State and sentenced to death.

            Passed the House of Representatives October 6, 2004.

            Attest:

                                                                 Clerk.
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