IB 

Union Calendar No. 434 

108TH CONGRESS 

2D SESSION H. R. 5107 

[Report No. 108–711] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 21, 2004 

Mr. SENSENBRENNER (for himself, Mr. CONYERS, Mr. CHABOT, Mr. COBLE, 

Mr. DELAHUNT, Ms. PRYCE of Ohio, Mr. GREEN of Wisconsin, Mr. 

SCOTT of Virginia, Mr. JENKINS, Mr. SCHIFF, Mr. WEINER, Ms. HART, 

Mr. BACHUS, Ms. BALDWIN, Mr. KELLER, and Mr. NADLER) introduced 

the following bill; which was referred to the Committee on the Judiciary 

SEPTEMBER 30, 2004 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

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 labora-
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tories, to increase research and development of new DNA 

testing technologies, to develop new training programs 

regarding the collection and use of DNA evidence, to 

provide post-conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel 

in State capital cases, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Justice for All Act of 2004’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SCOTT CAMBELL, 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. 
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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. 

1 TITLE I—SCOTT CAMBELL, 

2 STEPHANIE ROPER, WENDY 

3 PRESTON, LOUARNA GILLIS, 

4 AND NILA LYNN CRIME VIC5 TIMS’ RIGHTS ACT 

6 SEC. 101. SHORT TITLE. 

7 This title may be cited as the ‘‘Scott Campbell, 

8 Stephanie Roper, Wendy Preston, Louarna Gillis, and 

9 Nila Lynn Crime Victims’ Rights Act’’. 
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1 SEC. 102. CRIME VICTIMS’ RIGHTS. 

2 (a) AMENDMENT TO TITLE 18.—Part II of title 18, 

3 United States Code, is amended by adding at the end the 

4 following: 

5 ‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS 

‘‘Sec. 

‘‘3771. Crime victims’ rights. 

6 ‘‘§ 3771. Crime victims’ rights 

7 ‘‘(a) RIGHTS OF CRIME VICTIMS.—A crime victim 

8 has the following rights: 

9 ‘‘(1) The right to be reasonably protected from 

10 the accused. 

11 ‘‘(2) The right to reasonable, accurate, and 

12 timely notice of any public court proceeding involv13 ing the crime or of any release or escape of the ac14 cused. 

15 ‘‘(3) The right not to be excluded from any 

16 such public court proceeding, unless the court deter17 mines that testimony by the victim would be materi18 ally affected if the victim heard other testimony at 

19 that proceeding. 

20 ‘‘(4) The right to be reasonably heard at any 

21 public proceeding involving release, plea, or sen22 tencing. 

23 ‘‘(5) The reasonable right to confer with the at24 torney for the Government in the case. 
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1 ‘‘(6) The right to full and timely restitution as 

2 provided in law. 

3 ‘‘(7) The right to proceedings free from unrea4 sonable delay. 

5 ‘‘(8) The right to be treated with fairness and 

6 with respect for the victim’s dignity and privacy. 

7 ‘‘(b) RIGHTS AFFORDED.—In any court proceeding 

8 involving an offense against a crime victim, the court shall 

9 ensure that the crime victim is afforded the rights de10 scribed in subsection (a). Before denying a crime victim 

11 the right described in subsection (a)(3), the court shall 

12 make every effort to permit the fullest attendance possible 

13 by the victim and shall consider reasonable alternatives 

14 to the exclusion of the victim from the criminal pro15 ceeding. The reasons for any decision denying relief under 

16 this chapter shall be clearly stated on the record. 

17 ‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.— 

18 ‘‘(1) GOVERNMENT.—Officers and employees of 

19 the Department of Justice and other departments 

20 and agencies of the United States engaged in the de21 tection, investigation, or prosecution of crime shall 

22 make their best efforts to see that crime victims are 

23 notified of, and accorded, the rights described in 

24 subsection (a). 
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1 ‘‘(2) ADVICE OF ATTORNEY.—The prosecutor 

2 shall advise the crime victim that the crime victim 

3 can seek the advice of an attorney with respect to 

4 the rights described in subsection (a). 

5 ‘‘(3) NOTICE.—Notice of release otherwise re6 quired pursuant to this chapter shall not be given if 

7 such notice may endanger the safety of any person. 

8 ‘‘(d) ENFORCEMENT AND LIMITATIONS.— 

9 ‘‘(1) RIGHTS.—The crime victim or the crime 

10 victim’s lawful representative, and the attorney for 

11 the Government may assert the rights described in 

12 subsection (a). A person accused of the crime may 

13 not obtain any form of relief under this chapter. 

14 ‘‘(2) MULTIPLE CRIME VICTIMS.—In a case 

15 where the court finds that the number of crime vic16 tims makes it impracticable to accord all of the 

17 crime victims the rights described in subsection (a), 

18 the court shall fashion a reasonable procedure to 

19 give effect to this chapter that does not unduly com20 plicate or prolong the proceedings. 

21 ‘‘(3) MOTION FOR RELIEF AND WRIT OF MAN22 DAMUS.—The rights described in subsection (a) shall 

23 be asserted in the district court in which a defend24 ant is being prosecuted for the crime or, if no pros25 ecution is underway, in the district court in the dis-
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1 trict in which the crime occurred. The district court 

2 shall take up and decide such motion forthwith. If 

3 the district court denies the relief sought, the mov4 ant may petition the court of appeals for a writ of 

5 mandamus. The court of appeals may issue the writ 

6 on the order of a single judge pursuant to circuit 

7 rule or the Federal Rules of Appellate Procedure. 

8 The court of appeals shall take up and decide such 

9 application forthwith within 72 hours after the peti10 tion has been filed. In no event shall proceedings be 

11 stayed or subject to a continuance of more than five 

12 day, or affect the defendant’s right to a speedy trial, 

13 for purposes of enforcing this chapter. 

14 ‘‘(4) ERROR.—In any appeal in a criminal case, 

15 the Government may assert as error the district 

16 court’s denial of any crime victim’s right in the pro17 ceeding to which the appeal relates. 

18 ‘‘(5) LIMITATION ON RELIEF.—In no case shall 

19 a failure to afford a right under this chapter provide 

20 grounds for a new trial, or to reopen a plea or a sen21 tence, except in the case of restitution as provided 

22 in title 18. 

23 ‘‘(6) NO CAUSE OF ACTION.—Nothing in this 

24 chapter shall be construed to authorize a cause of 

25 action for damages or to create, to enlarge, or to 
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1 imply any duty or obligation to any victim or other 

2 person for the breach of which the United States or 

3 any of its officers or employees could be held liable 

4 in damages. Nothing in this chapter shall be con5 strued to impair the prosecutorial discretion of the 

6 Attorney General or any officer under his direction. 

7 ‘‘(e) DEFINITIONS.—For the purposes of this chap8 ter, the term ‘crime victim’ means a person directly and 

9 proximately harmed as a result of the commission of a 

10 Federal offense or an offense in the District of Columbia. 

11 In the case of a crime victim who is under 18 years of 

12 age, incompetent, incapacitated, or deceased, the legal 

13 guardians of the crime victim or the representatives of the 

14 crime victim’s estate, family members, or any other per15 sons appointed as suitable by the court, may assume the 

16 crime victim’s rights under this chapter, but in no event 

17 shall the defendant be named as such guardian or rep18 resentative. 

19 ‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.— 

20 ‘‘(1) REGULATIONS.—Not later than 1 year 

21 after the date of enactment of this chapter, the At22 torney General of the United States shall promul23 gate regulations to enforce the rights of crime vic24 tims and to ensure compliance by responsible offi-
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1 cials with the obligations described in law respecting 

2 crime victims. 

3 ‘‘(2) CONTENTS.—The regulations promulgated 

4 under paragraph (1) shall— 

5 ‘‘(A) designate an administrative authority 

6 within the Department of Justice to receive and 

7 investigate complaints relating to the provision 

8 or violation of the rights of a crime victim; 

9 ‘‘(B) require a course of training for em10 ployees and offices of the Department of Jus11 tice that fail to comply with provisions of Fed12 eral law pertaining to the treatment of crime 

13 victims, and otherwise assist such employees 

14 and offices in responding more effectively to the 

15 needs of crime victims; 

16 ‘‘(C) contain disciplinary sanctions, includ17 ing suspension or termination from employ18 ment, for employees of the Department of Jus19 tice who willfully or wantonly fail to comply 

20 with provisions of Federal law pertaining to the 

21 treatment of crime victims; and 

22 ‘‘(D) provide that the Attorney General, or 

23 the designee of the Attorney General, shall be 

24 the final arbiter of the complaint, and that 

25 there shall be no judicial review of the final de-
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1 cision of the Attorney General by a complain2 ant.’’. 

3 (b) TABLE OF CHAPTERS.—The table of chapters for 

4 part II of title 18, United States Code, is amended by 

5 inserting at the end the following: 

‘‘237. Crime victims’ rights ...................................................................... 3771’’. 

6 (c) REPEAL.—Section 502 of the Victims’ Rights and 

7 Restitution Act of 1990 (42 U.S.C. 10606) is repealed. 

8 SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF 

9 CRIME VICTIMS’ RIGHTS. 

10 (a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.— 

11 The Victims of Crime Act of 1984 (42 U.S.C. 10601 et 

12 seq.) is amended by inserting after section 1404C the fol13 lowing: 

14 ‘‘SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS. 

15 ‘‘(a) IN GENERAL.—The Director may make grants 

16 as provided in section 1404(c)(1)(A) to State, tribal, and 

17 local prosecutors’ offices, law enforcement agencies, 

18 courts, jails, and correctional institutions, and to qualified 

19 public and private entities, to develop, establish, and main20 tain programs for the enforcement of crime victims’ rights 

21 as provided in law. 

22 ‘‘(b) PROHIBITION.—Grant amounts under this sec23 tion may not be used to bring a cause of action for dam24 ages. 
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1 ‘‘(c) FALSE CLAIMS ACT.—Notwithstanding any 

2 other provision of law, amounts collected pursuant to sec3 tions 3729 through 3731 of title 31, United States Code 

4 (commonly known as the ‘False Claims Act’), may be used 

5 for grants under this section, subject to appropriation.’’. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi7 tion to funds made available under section 1402(d) of the 

8 Victims of Crime Act of 1984, there are authorized to be 

9 appropriated to carry out this title— 

10 (1) $2,000,000 for fiscal year 2005 and 

11 $5,000,000 for each of fiscal years 2006, 2007, 

12 2008, and 2009 to United States Attorneys Offices 

13 for Victim/Witnesses Assistance Programs; 

14 (2) $2,000,000 for fiscal year 2005 and 

15 $5,000,000 in each of the fiscal years 2006, 2007, 

16 2008, and 2009, to the Office for Victims of Crime 

17 of the Department of Justice for enhancement of the 

18 Victim Notification System; 

19 (3) $300,000 in fiscal year 2005 and $500,000 

20 for each of the fiscal years 2006, 2007, 2008, and 

21 2009, to the Office for Victims of Crime of the De22 partment of Justice for staff to administer the ap23 propriation for the support of organizations as des24 ignated under paragraph (4); 
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1 (4) $7,000,000 for fiscal year 2005 and 

2 $11,000,000 for each of the fiscal years 2006, 2007, 

3 2008, and 2009, to the Office for Victims of Crime 

4 of the Department of Justice, for the support of or5 ganizations that provide legal counsel and support 

6 services for victims in criminal cases for the enforce7 ment of crime victims’ rights in Federal jurisdic8 tions, and in States and tribal governments that 

9 have laws substantially equivalent to the provisions 

10 of chapter 237 of title 18, United States Code; and 

11 (5) $5,000,000 for fiscal year 2005 and 

12 $7,000,000 for each of fiscal years 2006, 2007, 

13 2008, and 2009, to the Office for Victims of Crime 

14 of the Department of Justice, for the support of— 

15 (A) training and technical assistance to 

16 States and tribal jurisdictions to craft state-of17 the-art victims’ rights laws; and 

18 (B) training and technical assistance to 

19 States and tribal jurisdictions to design a vari20 ety of compliance systems, which shall include 

21 an evaluation component. 

22 (c) INCREASED RESOURCES TO DEVELOP STATE-OF23 THE-ART SYSTEMS FOR NOTIFYING CRIME VICTIMS OF

24 IMPORTANT DATES AND DEVELOPMENTS.—The Victims 
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1 of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amend2 ed by inserting after section 1404D the following: 

3 ‘‘SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS. 

4 ‘‘(a) IN GENERAL.—The Director may make grants 

5 as provided in section 1404(c)(1)(A) to State, tribal, and 

6 local prosecutors’ offices, law enforcement agencies, 

7 courts, jails, and correctional institutions, and to qualified 

8 public or private entities, to develop and implement state9 of-the-art systems for notifying victims of crime of impor10 tant dates and developments relating to the criminal pro11 ceedings at issue in a timely and efficient manner, pro12 vided that the jurisdiction has laws substantially equiva13 lent to the provisions of chapter 237 of title 18, United 

14 States Code. 

15 ‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed 

16 and implemented under this section may be integrated 

17 with existing case management systems operated by the 

18 recipient of the grant. 

19 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad20 dition to funds made available under section 1402(d), 

21 there are authorized to be appropriated to carry out this 

22 section— 

23 ‘‘(1) $5,000,000 for fiscal year 2005; and 

24 ‘‘(2) $5,000,000 for each of the fiscal years 

25 2006, 2007, 2008, and 2009. 
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1 ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any 

2 other provision of law, amounts collected pursuant to sec3 tions 3729 through 3731 of title 31, United States Code 

4 (commonly known as the ‘False Claims Act’), may be used 

5 for grants under this section, subject to appropriation.’’. 

6 SEC. 104. REPORTS. 

7 (a) ADMINISTRATIVE OFFICE OF THE UNITED

8 STATES COURTS.—Not later than 1 year after the date 

9 of enactment of this Act and annually thereafter, the Ad10 ministrative Office of the United States Courts, for each 

11 Federal court, shall report to Congress the number of 

12 times that a right established in chapter 237 of title 18, 

13 United States Code, is asserted in a criminal case and the 

14 relief requested is denied and, with respect to each such 

15 denial, the reason for such denial, as well as the number 

16 of times a mandamus action is brought pursuant to chap17 ter 237 of title 18, and the result reached. 

18 (b) GOVERNMENT ACCOUNTABILITY OFFICE.— 

19 (1) STUDY.—The Comptroller General shall 

20 conduct a study that evaluates the effect and effi21 cacy of the implementation of the amendments made 

22 by this title on the treatment of crime victims in the 

23 Federal system. 

24 (2) REPORT.—Not later than 4 years after the 

25 date of enactment of this Act, the Comptroller Gen-
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1 eral shall prepare and submit to the appropriate 

2 committees a report containing the results of the 

3 study conducted under subsection (a). 

4 TITLE II—DEBBIE SMITH ACT OF 

5 2004 

6 SEC. 201. SHORT TITLE. 

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

8 2004’’. 

9 SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 

10 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

11 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 

12 DNA Analysis Backlog Elimination Act of 2000 (42 

13 U.S.C. 14135) is amended— 

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

15 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO16 GRAM.’’; 

17 (2) in subsection (a)— 

18 (A) in the matter preceding paragraph 

19 (1)— 

20 (i) by inserting ‘‘or units of local gov21 ernment’’ after ‘‘eligible States’’; and 

22 (ii) by inserting ‘‘or unit of local gov23 ernment’’ after ‘‘State’’; 

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

25 the period at the end the following: ‘‘, including 
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1 samples from rape kits, samples from other sex2 ual assault evidence, and samples taken in cases 

3 without an identified suspect’’; and 

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

5 the State’’; 

6 (3) in subsection (b)— 

7 (A) in the matter preceding paragraph 

8 (1)— 

9 (i) by inserting ‘‘or unit of local gov10 ernment’’ after ‘‘State’’ both places that 

11 term appears; and 

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

13 Attorney General’’ after ‘‘application 

14 shall’’; 

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

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

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

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

19 place that term appears; 

20 (D) in paragraph (4)— 

21 (i) by inserting ‘‘or unit of local gov22 ernment’’ after ‘‘State’’; and 

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

24 (E) in paragraph (5)— 
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1 (i) by inserting ‘‘or unit of local gov2 ernment’’ after ‘‘State’’; and 

3 (ii) by striking the period at the end 

4 and inserting a semicolon; and 

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

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

7 certify that the unit of local government has taken, 

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

9 eligible to include, directly or through a State law 

10 enforcement agency, all analyses of samples for 

11 which it has requested funding in the Combined 

12 DNA Index System; and’’; 

13 (4) in subsection (d)— 

14 (A) in paragraph (1)— 

15 (i) in the matter preceding subpara16 graph (A), by striking ‘‘The plan’’ and in17 serting ‘‘A plan pursuant to subsection 

18 (b)(1)’’; 

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

20 ‘‘within the State’’; and 

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

22 ‘‘within the State’’; and 

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

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

25 (5) in subsection (e)— 
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1 (A) in paragraph (1), by inserting ‘‘or local 

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

3 term appears; and 

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

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

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

7 paragraph (1), by inserting ‘‘or unit of local govern8 ment’’ after ‘‘State’’; 

9 (7) in subsection (g)— 

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

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

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

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

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

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

16 term appears. 

17 (b) REAUTHORIZATION AND EXPANSION OF PRO18 GRAM.—Section 2 of the DNA Analysis Backlog Elimi19 nation Act of 2000 (42 U.S.C. 14135) is amended— 

20 (1) in subsection (a)— 

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

22 before ‘‘(2)’’; and 

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

24 ‘‘(4) To collect DNA samples specified in para25 graph (1). 
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1 ‘‘(5) To ensure that DNA testing and analysis 

2 of samples from crimes, including sexual assault and 

3 other serious violent crimes, are carried out in a 

4 timely manner.’’; 

5 (2) in subsection (b), as amended by this sec6 tion, by inserting at the end the following: 

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

8 the State or unit of local government shall use for 

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

10 (3) by amending subsection (c) to read as fol11 lows: 

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

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

14 distribute grant amounts, and establish appropriate 

15 grant conditions under this section, in conformity 

16 with a formula or formulas that are designed to ef17 fectuate a distribution of funds among eligible 

18 States and units of local government that— 

19 ‘‘(A) maximizes the effective utilization of 

20 DNA technology to solve crimes and protect 

21 public safety; and 

22 ‘‘(B) allocates grants among eligible enti23 ties fairly and efficiently to address jurisdic24 tions in which significant backlogs exist, by con25 sidering— 
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1 ‘‘(i) the number of offender and case2 work samples awaiting DNA analysis in a 

3 jurisdiction; 

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

5 and 

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

7 crimes in the jurisdiction. 

8 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen9 eral shall allocate to each State not less than 0.50 

10 percent of the total amount appropriated in a fiscal 

11 year for grants under this section, except that the 

12 United States Virgin Islands, American Samoa, 

13 Guam, and the Northern Mariana Islands shall each 

14 be allocated 0.125 percent of the total appropriation. 

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

16 under paragraph (1) shall be awarded to conduct 

17 DNA analyses of samples from casework or from 

18 victims of crime under subsection (a)(2) in accord19 ance with the following limitations: 

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

21 percent of the grant amounts shall be awarded 

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

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

24 50 percent of the grant amounts shall be 

25 awarded for purposes under subsection (a)(2). 
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1 ‘‘(C) For fiscal year 2007, not less than 45 

2 percent of the grant amounts shall be awarded 

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

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

5 40 percent of the grant amounts shall be 

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

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

8 percent of the grant amounts shall be awarded 

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

10 (4) in subsection (g)— 

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

12 the end; 

13 (B) in paragraph (2), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

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

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

17 awarding grants among eligible States and units of 

18 local government, and how such plan will ensure the 

19 effective use of DNA technology to solve crimes and 

20 protect public safety.’’; 

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

22 and (2) and inserting the following: 

23 ‘‘(1) $151,000,000 for fiscal year 2005; 

24 ‘‘(2) $151,000,000 for fiscal year 2006; 

25 ‘‘(3) $151,000,000 for fiscal year 2007; 
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1 ‘‘(4) $151,000,000 for fiscal year 2008; and 

2 ‘‘(5) $151,000,000 for fiscal year 2009.’’; and 

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

4 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU5 DITS.—The Attorney General may distribute not more 

6 than 1 percent of the grant amounts under subsection 

7 (j)— 

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

9 defray the costs incurred by laboratories operated by 

10 each such State or unit of local government in pre11 paring for accreditation or reaccreditation; 

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

13 units of local government, or nonprofit professional 

14 organizations of persons actively involved in forensic 

15 science and nationally recognized within the forensic 

16 science community— 

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

18 of laboratories operated by such State or unit 

19 of local government, which participates in the 

20 National DNA Index System, to determine 

21 whether the laboratory is in compliance with 

22 quality assurance standards; 

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

24 submitted to the National Institute of Justice, 

25 which detail the use of funds received by States 
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1 or units of local government under this Act; 

2 and 

3 ‘‘(C) to support future capacity building 

4 efforts; and 

5 ‘‘(3) in the form of additional grants to non6 profit professional associations actively involved in 

7 forensic science and nationally recognized within the 

8 forensic science community to defray the costs of 

9 training persons who conduct external audits of lab10 oratories operated by States and units of local gov11 ernment and which participate in the National DNA 

12 Index System. 

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

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

15 of local government which has received funds under this 

16 Act has undergone an external audit conducted to deter17 mine whether the laboratory is in compliance with stand18 ards established by the Director of the Federal Bureau 

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

20 measures to remedy deficiencies with respect to the com21 pliance by the laboratory with such standards, the State 

22 or unit of local government shall implement any such re23 mediation as soon as practicable.’’. 
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1 SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM. 

2 (a) INCLUSION OF ALL DNA SAMPLES FROM

3 STATES.—Section 210304 of the DNA Identification Act 

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

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

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

7 ‘‘of— 

8 ‘‘(A) persons convicted of crimes; 

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

10 who have waived indictment for a crime; and 

11 ‘‘(C) other persons whose DNA samples 

12 are collected under applicable legal authorities, 

13 provided that DNA profiles from arrestees who 

14 have not been indicted and DNA samples that 

15 are voluntarily submitted solely for elimination 

16 purposes shall not be included in the Combined 

17 DNA Index System;’’; and 

18 (2) in subsection (d)(2)— 

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

20 and inserting ‘‘if— 

21 ‘‘(i) the responsible agency’’; 

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

23 inserting ‘‘; or’’; and 

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

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

26 an offense on the basis of which that analysis 
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1 was or could have been included in the index, 

2 and all charges for which the analysis was or 

3 could have been included in the index have been 

4 dismissed or resulted in acquittal.’’. 

5 (b) FELONS CONVICTED OF FEDERAL CRIMES.— 

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

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

8 as follows: 

9 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of10 fenses that shall be treated for purposes of this section 

11 as qualifying Federal offenses are the following offenses, 

12 as determined by the Attorney General: 

13 ‘‘(1) Any felony. 

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

15 18, United States Code. 

16 ‘‘(3) Any crime of violence (as that term is de17 fined in section 16 of title 18, United States Code). 

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

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

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

21 10, United States Code, is amended to read as follows: 

22 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The of23 fenses that shall be treated for purposes of this section 

24 as qualifying military offenses are the following offenses, 
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1 as determined by the Secretary of Defense, in consultation 

2 with the Attorney General: 

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

4 Military Justice for which a sentence of confinement 

5 for more than one year may be imposed. 

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

7 of Military Justice that is comparable to a qualifying 

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

9 the DNA Analysis Backlog Elimination Act of 2000 

10 (42 U.S.C. 14135a(d))).’’. 

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

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

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

14 at the end the following new subsection: 

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

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

17 that any person who is authorized to access the 

18 index described in subsection (a) for purposes of in19 cluding information on DNA identification records 

20 or DNA analyses in that index may also access that 

21 index for purposes of carrying out a one-time key22 board search on information obtained from any 

23 DNA sample lawfully collected for a criminal justice 

24 purpose except for a DNA sample voluntarily sub25 mitted solely for elimination purposes. 
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1 ‘‘(2) DEFINITION.—For purposes of paragraph 

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

3 under which information obtained from a DNA sam4 ple is compared with information in the index with5 out resulting in the information obtained from a 

6 DNA sample being included in the index. 

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

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

9 SEC. 204. TOLLING OF STATUTE OF LIMITATIONS. 

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

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

13 ‘‘§ 3297. Cases involving DNA evidence 

14 ‘‘In a case in which DNA testing implicates an identi15 fied person in the commission of a felony, no statute of 

16 limitations that would otherwise preclude prosecution of 

17 the offense shall preclude such prosecution until a period 

18 of time following the implication of the person by DNA 

19 testing has elapsed that is equal to the otherwise applica20 ble limitation period.’’. 

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

22 for chapter 213 of title 18, United States Code, is amend23 ed by adding at the end the following: 

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

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

25 section shall apply to the prosecution of any offense com-
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1 mitted before, on, or after the date of the enactment of 

2 this section if the applicable limitation period has not yet 

3 expired. 

4 SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 

5 Section 1201 of the Violence Against Women Act of 

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

7 (1) in subsection (a), by inserting ‘‘dating vio8 lence,’’ after ‘‘domestic violence,’’; 

9 (2) in subsection (b)— 

10 (A) by redesignating paragraphs (1) 

11 through (3) as paragraphs (2) through (4), re12 spectively; 

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

14 redesignated by subparagraph (A), the fol15 lowing: 

16 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio17 lence’ means violence committed by a person who is 

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

19 intimate nature with the victim. The existence of 

20 such a relationship shall be determined based on a 

21 consideration of— 

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

23 ‘‘(B) the type of relationship; and 

24 ‘‘(C) the frequency of interaction between 

25 the persons involved in the relationship.’’; and 
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1 (C) in paragraph (3), as redesignated by 

2 subparagraph (A), by inserting ‘‘dating vio3 lence,’’ after ‘‘domestic violence,’’; 

4 (3) in subsection (c)— 

5 (A) in paragraph (1)— 

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

7 after ‘‘between domestic violence’’; and 

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

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

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

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

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

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

14 (4) in subsection (d)— 

15 (A) in paragraph (1), by inserting ‘‘, dat16 ing violence,’’ after ‘‘domestic violence’’; 

17 (B) in paragraph (2), by inserting ‘‘, dat18 ing violence,’’ after ‘‘domestic violence’’; 

19 (C) in paragraph (3), by inserting ‘‘, dat20 ing violence,’’ after ‘‘domestic violence’’; and 

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

22 violence,’’ after ‘‘domestic violence,’’; 

23 (5) in subsection (e), by inserting ‘‘dating vio24 lence,’’ after ‘‘domestic violence,’’; and 
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1 (6) in subsection (f)(2)(A), by inserting ‘‘dating 

2 violence,’’ after ‘‘domestic violence,’’. 

3 SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN 

4 ELIMINATING DNA BACKLOG. 

5 Section 2(d)(3) of the DNA Analysis Backlog Elimi6 nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended 

7 to read as follows: 

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

9 CERTAIN PURPOSES.— 

10 ‘‘(A) IN GENERAL.—A grant for the pur11 poses specified in paragraph (1), (2), or (5) of 

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

13 voucher or contract for laboratory services. 

14 ‘‘(B) REDEMPTION.—A voucher or con15 tract under subparagraph (A) may be redeemed 

16 at a laboratory operated by a private entity that 

17 satisfies quality assurance standards and has 

18 been approved by the Attorney General. 

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

20 may use amounts authorized under subsection 

21 (j) to make payments to a laboratory described 

22 under subparagraph (B).’’. 
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1 TITLE III—DNA SEXUAL 

2 ASSAULT JUSTICE ACT OF 2004 

3 SEC. 301. SHORT TITLE. 

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

5 Justice Act of 2004’’. 

6 SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLI7 ANCE WITH FEDERAL STANDARDS. 

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

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

10 follows: 

11 ‘‘(2) prepared by laboratories that— 

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

13 of enactment of the DNA Sexual Assault Jus14 tice Act of 2004, have been accredited by a 

15 nonprofit professional association of persons ac16 tively involved in forensic science that is nation17 ally recognized within the forensic science com18 munity; and 

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

20 once every 2 years, that demonstrate compli21 ance with standards established by the Director 

22 of the Federal Bureau of Investigation; and’’. 
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1 SEC. 303. DNA TRAINING AND EDUCATION FOR LAW EN2 FORCEMENT, CORRECTIONAL PERSONNEL, 

3 AND COURT OFFICERS. 

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

5 grants to eligible entities to provide training, technical as6 sistance, education, and information relating to the identi7 fication, collection, preservation, analysis, and use of DNA 

8 samples and DNA evidence. 

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

10 (a), an eligible entity is an organization consisting of, com11 prised of, or representing— 

12 (1) law enforcement personnel, including police 

13 officers and other first responders, evidence techni14 cians, investigators, and others who collect or exam15 ine evidence of crime; 

16 (2) court officers, including State and local 

17 prosecutors, defense lawyers, and judges; 

18 (3) forensic science professionals; and 

19 (4) corrections personnel, including prison and 

20 jail personnel, and probation, parole, and other offi21 cers involved in supervision. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

24 of fiscal years 2005 through 2009 to carry out this sec25 tion. 
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1 SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 

2 GRANTS. 

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

4 grants to eligible entities to provide training, technical as5 sistance, education, equipment, and information relating 

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

7 use of DNA samples and DNA evidence by medical per8 sonnel and other personnel, including doctors, medical ex9 aminers, coroners, nurses, victim service providers, and 

10 other professionals involved in treating victims of sexual 

11 assault and sexual assault examination programs, includ12 ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex13 ual Assault Forensic Examiner), and SART (Sexual As14 sault Response Team). 

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

16 the term ‘‘eligible entity’’ includes— 

17 (1) States; 

18 (2) units of local government; and 

19 (3) sexual assault examination programs, in20 cluding— 

21 (A) sexual assault nurse examiner (SANE) 

22 programs; 

23 (B) sexual assault forensic examiner 

24 (SAFE) programs; 

25 (C) sexual assault response team (SART) 

26 programs; 
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1 (D) State sexual assault coalitions; 

2 (E) medical personnel, including doctors, 

3 medical examiners, coroners, and nurses, in4 volved in treating victims of sexual assault; and 

5 (F) victim service providers involved in 

6 treating victims of sexual assault. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

11 SEC. 305. DNA RESEARCH AND DEVELOPMENT. 

12 (a) IMPROVING DNA TECHNOLOGY.—The Attorney 

13 General shall make grants for research and development 

14 to improve forensic DNA technology, including increasing 

15 the identification accuracy and efficiency of DNA analysis, 

16 decreasing time and expense, and increasing portability. 

17 (b) DEMONSTRATION PROJECTS.—The Attorney 

18 General shall make grants to appropriate entities under 

19 which research is carried out through demonstration 

20 projects involving coordinated training and commitment of 

21 resources to law enforcement agencies and key criminal 

22 justice participants to demonstrate and evaluate the use 

23 of forensic DNA technology in conjunction with other fo24 rensic tools. The demonstration projects shall include sci25 entific evaluation of the public safety benefits, improve-
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1 ments to law enforcement operations, and cost-effective2 ness of increased collection and use of DNA evidence. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

5 of fiscal years 2005 through 2009 to carry out this sec6 tion. 

7 SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION. 

8 (a) APPOINTMENT.—The Attorney General shall ap9 point a National Forensic Science Commission (in this 

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

11 persons experienced in criminal justice issues, including 

12 persons from the forensic science and criminal justice 

13 communities, to carry out the responsibilities under sub14 section (b). 

15 (b) RESPONSIBILITIES.—The Commission shall— 

16 (1) assess the present and future resource 

17 needs of the forensic science community; 

18 (2) make recommendations to the Attorney 

19 General for maximizing the use of forensic tech20 nologies and techniques to solve crimes and protect 

21 the public; 

22 (3) identify potential scientific advances that 

23 may assist law enforcement in using forensic tech24 nologies and techniques to protect the public; 
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1 (4) make recommendations to the Attorney 

2 General for programs that will increase the number 

3 of qualified forensic scientists available to work in 

4 public crime laboratories; 

5 (5) disseminate, through the National Institute 

6 of Justice, best practices concerning the collection 

7 and analyses of forensic evidence to help ensure 

8 quality and consistency in the use of forensic tech9 nologies and techniques to solve crimes and protect 

10 the public; 

11 (6) examine additional issues pertaining to fo12 rensic science as requested by the Attorney General; 

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

14 protection statutes, regulations, and practices relat15 ing to access to, or use of, stored DNA samples or 

16 DNA analyses, to determine whether such protec17 tions are sufficient; 

18 (8) make specific recommendations to the At19 torney General, as necessary, to enhance the protec20 tions described in paragraph (7) to ensure— 

21 (A) the appropriate use and dissemination 

22 of DNA information; 

23 (B) the accuracy, security, and confiden24 tiality of DNA information; 
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1 (C) the timely removal and destruction of 

2 obsolete, expunged, or inaccurate DNA infor3 mation; and 

4 (D) that any other necessary measures are 

5 taken to protect privacy; and 

6 (9) provide a forum for the exchange and dis7 semination of ideas and information in furtherance 

8 of the objectives described in paragraphs (1) through 

9 (8). 

10 (c) PERSONNEL; PROCEDURES.—The Attorney Gen11 eral shall— 

12 (1) designate the Chair of the Commission from 

13 among its members; 

14 (2) designate any necessary staff to assist in 

15 carrying out the functions of the Commission; and 

16 (3) establish procedures and guidelines for the 

17 operations of the Commission. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

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

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

21 SEC. 307. FBI DNA PROGRAMS. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the Federal Bureau 

24 of Investigation $42,100,000 for each of fiscal years 2005 
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1 through 2009 to carry out the DNA programs and activi2 ties described under subsection (b). 

3 (b) PROGRAMS AND ACTIVITIES.—The Federal Bu4 reau of Investigation may use any amounts appropriated 

5 pursuant to subsection (a) for— 

6 (1) nuclear DNA analysis; 

7 (2) mitochondrial DNA analysis; 

8 (3) regional mitochondrial DNA laboratories; 

9 (4) the Combined DNA Index System; 

10 (5) the Federal Convicted Offender DNA Pro11 gram; and 

12 (6) DNA research and development. 

13 SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS. 

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

15 grants to States and units of local government to promote 

16 the use of forensic DNA technology to identify missing 

17 persons and unidentified human remains. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

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

20 fiscal years 2005 through 2009 to carry out this section. 
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1 SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAU2 THORIZED DISCLOSURE OR USE OF DNA IN3 FORMATION. 

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

6 read as follows: 

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

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

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

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

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

13 separate offense under this subsection.’’. 

14 SEC. 310. TRIBAL COALITION GRANTS. 

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

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

19 ‘‘(d) TRIBAL COALITION GRANTS.— 

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

21 award grants to tribal domestic violence and sexual 

22 assault coalitions for purposes of— 

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

2 against Indian women at the tribal, Federal, 

3 and State levels; and 

4 ‘‘(C) identifying and providing technical 

5 assistance to coalition membership and tribal 

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

8 and sexual violence. 

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

11 (1) to— 

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

15 and 

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

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

23 not preclude the coalition from receiving additional 

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

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

5 inserting ‘‘sections 2007 through 2011’’. 

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

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

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

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

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

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

13 SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC 

14 SCIENCES IMPROVEMENT GRANT PROGRAM. 

15 (a) FORENSIC BACKLOG ELIMINATION GRANTS.— 

16 Section 2804 of the Omnibus Crime Control and Safe 

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

18 (1) in subsection (a)— 

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

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

21 do any one or more of the following: 

22 ‘‘(1) To carry out’’; and 

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

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

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

3 and trace evidence. 

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

6 backlog.’’; 

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

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

9 subsection (a)(1)’’; and 

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

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

13 exists if such evidence— 

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

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

16 storage facility, or medical facility; and 

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

18 forensic testing because of a lack of resources or 

19 personnel.’’. 

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

22 U.S.C. 3797k) is amended— 

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

24 end; 
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1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

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

4 ‘‘(4) a certification that a government entity ex5 ists and an appropriate process is in place to con6 duct independent external investigations into allega7 tions of serious negligence or misconduct substan8 tially affecting the integrity of the forensic results 

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

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

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

14 (c) THREE-YEAR EXTENSION OF AUTHORIZATION OF

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

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

17 3793(a)(24)) is amended— 

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

19 the end; 

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

21 at the end and inserting a semicolon; and 

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

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

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

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

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

4 flush with the left margin. 

5 SEC. 312. REPORT TO CONGRESS. 

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

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

8 submit to Congress a report on the implementation of this 

9 Act and the amendments made by this Act. 

10 (b) CONTENTS.—The report submitted under sub11 section (a) shall include a description of— 

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

13 local entities in— 

14 (A) collecting and entering DNA samples 

15 from offenders convicted of qualifying offenses 

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

18 ‘‘CODIS’’); 

19 (B) analyzing samples from crime scenes, 

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

23 (C) increasing the capacity of forensic lab24 oratories to conduct DNA analyses; 
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1 (2) the priorities and plan for awarding grants 

2 among eligible States and units of local government 

3 to ensure that the purposes of this Act are carried 

4 out; 

5 (3) the distribution of grant amounts under this 

6 Act among eligible States and local governments, 

7 and whether the distribution of such funds has 

8 served the purposes of the Debbie Smith DNA 

9 Backlog Grant Program; 

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

11 by eligible entities for DNA training and education 

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

15 sections 303 and 304; 

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

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

20 section 305; 

21 (6) the steps taken to establish the National 

22 Forensic Science Commission, and the activities of 

23 the Commission under section 306; 

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

25 Investigation under section 307; 
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1 (8) grants awarded and the use of such grants 

2 by eligible entities to promote the use of forensic 

3 DNA technology to identify missing persons and un4 identified human remains under section 308; 

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

6 by eligible entities to eliminate forensic science back7 logs under the amendments made by section 311; 

8 (10) State compliance with the requirements set 

9 forth in section 413; and 

10 (11) any other matters considered relevant by 

11 the Attorney General. 

12 TITLE IV—INNOCENCE 

13 PROTECTION ACT OF 2004 

14 SEC. 401. SHORT TITLE. 

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

16 Act of 2004’’. 

17 Subtitle A—Exonerating the 

18 Innocent Through DNA Testing 

19 SEC. 411. FEDERAL POST-CONVICTION DNA TESTING. 

20 (a) FEDERAL CRIMINAL PROCEDURE.— 

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

22 States Code, is amended by inserting after chapter 

23 228 the following: 
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1 ‘‘CHAPTER 228A—POST-CONVICTION DNA 

2 TESTING 

‘‘Sec. 

‘‘3600. DNA testing. 

‘‘3600A. Preservation of biological evidence. 

3 ‘‘§ 3600. DNA testing 

4 ‘‘(a) IN GENERAL.—Upon a written motion by an in5 dividual under a sentence of imprisonment or death pursu6 ant to a conviction for a Federal offense (referred to in 

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

8 judgment of conviction shall order DNA testing of specific 

9 evidence if— 

10 ‘‘(1) the applicant asserts, under penalty of per11 jury, that the applicant is actually innocent of— 

12 ‘‘(A) the Federal offense for which the ap13 plicant is under a sentence of imprisonment or 

14 death; or 

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

16 ‘‘(i)(I) such offense was legally nec17 essary to make the applicant eligible for a 

18 sentence as a career offender under section 

19 3559(e) or an armed career offender under 

20 section 924(e), and exoneration of such of21 fense would entitle the applicant to a re22 duced sentence; or 

23 ‘‘(II) evidence of such offense was ad24 mitted during a Federal death sentencing 
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1 hearing and exoneration of such offense 

2 would entitle the applicant to a reduced 

3 sentence or new sentencing hearing; and 

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

5 ‘‘(I) the applicant demonstrates 

6 that there is no adequate remedy 

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

9 to the State offense; and 

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

11 applicant has exhausted all remedies 

12 available under State law for request13 ing DNA testing of specified evidence 

14 relating to the State offense; 

15 ‘‘(2) the specific evidence to be tested was se16 cured in relation to the investigation or prosecution 

17 of the Federal or State offense referenced in the ap18 plicant’s assertion under paragraph (1); 

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

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

21 testing and the applicant did not knowingly and 

22 voluntarily waive the right to request DNA test23 ing of that evidence in a court proceeding after 

24 the date of enactment of the Innocence Protec25 tion Act of 2004; or 
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1 ‘‘(B) was previously subjected to DNA 

2 testing and the applicant is requesting DNA 

3 testing using a new method or technology that 

4 is substantially more probative than the prior 

5 DNA testing; 

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

7 possession of the Government and has been subject 

8 to a chain of custody and retained under conditions 

9 sufficient to ensure that such evidence has not been 

10 substituted, contaminated, tampered with, replaced, 

11 or altered in any respect material to the proposed 

12 DNA testing; 

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

14 scope, uses scientifically sound methods, and is con15 sistent with accepted forensic practices; 

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

17 that— 

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

19 defense presented at trial; and 

20 ‘‘(B) would establish the actual innocence 

21 of the applicant of the Federal or State offense 

22 referenced in the applicant’s assertion under 

23 paragraph (1); 
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1 ‘‘(7) if the applicant was convicted following a 

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

3 the trial; 

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

5 evidence— 

6 ‘‘(A) would produce new material evidence 

7 to support the theory of defense referenced in 

8 paragraph (6); and 

9 ‘‘(B) assuming the DNA test result ex10 cludes the applicant, would raise a reasonable 

11 probability that the applicant did not commit 

12 the offense; 

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

14 will provide a DNA sample for purposes of compari15 son; and 

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

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

19 delay the execution of the sentence or the adminis20 tration of justice. 

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

22 ORDER; APPOINTMENT OF COUNSEL.— 

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

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

25 ‘‘(A) notify the Government; and 
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1 ‘‘(B) allow the Government a reasonable 

2 time period to respond to the motion. 

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

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

7 subsection (a). 

8 ‘‘(3) APPOINTMENT OF COUNSEL.—The court 

9 may appoint counsel for an indigent applicant under 

10 this section in the same manner as in a proceeding 

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

12 ‘‘(c) TESTING PROCEDURES.— 

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

14 any DNA testing ordered under this section be car15 ried out by the Federal Bureau of Investigation. 

16 ‘‘(2) EXCEPTION.—Notwithstanding paragraph 

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

18 qualified laboratory if the court makes all necessary 

19 orders to ensure the integrity of the specific evidence 

20 and the reliability of the testing process and test re21 sults. 

22 ‘‘(3) COSTS.—The costs of any DNA testing or23 dered under this section shall be paid— 

24 ‘‘(A) by the applicant; or 
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1 ‘‘(B) in the case of an applicant who is in2 digent, by the Government. 

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

4 case in which the applicant is sentenced to death— 

5 ‘‘(1) any DNA testing ordered under this sec6 tion shall be completed not later than 60 days after 

7 the date on which the Government responds to the 

8 motion filed under subsection (a); and 

9 ‘‘(2) not later than 120 days after the date on 

10 which the DNA testing ordered under this section is 

11 completed, the court shall order any post-testing 

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

14 ‘‘(e) REPORTING OF TEST RESULTS.— 

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

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

18 Government. 

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

20 test results relating to the DNA of the applicant to 

21 the National DNA Index System (referred to in this 

22 subsection as ‘NDIS’). 

23 ‘‘(3) RETENTION OF DNA SAMPLE.— 

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

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

2 of the DNA evidence, the DNA sample of the 

3 applicant may be retained in NDIS. 

4 ‘‘(B) MATCH WITH OTHER OFFENSE.—If 

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

7 DNA evidence, and a comparison of the DNA 

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

11 the appropriate agency and preserve the DNA 

12 sample of the applicant. 

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

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

16 comparison of the DNA sample of the applicant 

17 does not result in a match between the DNA 

18 sample of the applicant and another offense, 

19 the Attorney General shall destroy the DNA 

20 sample of the applicant and ensure that such 

21 information is not retained in NDIS if there is 

22 no other legal authority to retain the DNA 

23 sample of the applicant in NDIS. 

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

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

3 the court may order further testing, if appropriate, 

4 or may deny the applicant relief. 

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

8 court shall— 

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

10 ‘‘(B) on motion of the Government— 

11 ‘‘(i) make a determination whether 

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

14 such a finding, the court may hold the ap15 plicant in contempt; 

16 ‘‘(ii) assess against the applicant the 

17 cost of any DNA testing carried out under 

18 this section; 

19 ‘‘(iii) forward the finding to the Direc20 tor of the Bureau of Prisons, who, upon 

21 receipt of such a finding, may deny, wholly 

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

24 that finding; 
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1 ‘‘(iv) if the applicant is subject to the 

2 jurisdiction of the United States Parole 

3 Commission, forward the finding to the 

4 Commission so that the Commission may 

5 deny parole on the basis of that finding; 

6 and 

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

8 a State offense, forward the finding to any 

9 appropriate State official. 

10 ‘‘(3) SENTENCE.—In any prosecution of an ap11 plicant under chapter 79 for false assertions or other 

12 conduct in proceedings under this section, the court, 

13 upon conviction of the applicant, shall sentence the 

14 applicant to a term of imprisonment of not less than 

15 3 years, which shall run consecutively to any other 

16 term of imprisonment the applicant is serving. 

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

18 NEW TRIAL OR RESENTENCING.— 

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

20 that would bar a motion under this paragraph as 

21 untimely, if DNA test results obtained under this 

22 section exclude the applicant as the source of the 

23 DNA evidence, the applicant may file a motion for 

24 a new trial or resentencing, as appropriate. The 

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

3 ‘‘(2) STANDARD FOR GRANTING MOTION FOR

4 NEW TRIAL OR RESENTENCING.—The court shall 

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

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

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

10 evidence that a new trial would result in an acquittal 

11 of— 

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

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

15 death; and 

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

18 ‘‘(i) such offense was legally necessary 

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

21 3559(e) or an armed career offender under 

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

3 hearing and exoneration of such offense 

4 would entitle the applicant to a reduced 

5 sentence or a new sentencing proceeding. 

6 ‘‘(h) OTHER LAWS UNAFFECTED.— 

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

8 this section shall affect the circumstances under 

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

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

12 shall provide a basis for relief in any Federal habeas 

13 corpus proceeding. 

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

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

19 2255. 

20 ‘‘§ 3600A. Preservation of biological evidence 

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

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

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

2 the term ‘biological evidence’ means— 

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

4 or 

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

6 other identified biological material. 

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

8 if— 

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

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

13 ‘‘(2) the defendant knowingly and voluntarily 

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

16 of enactment of the Innocence Protection Act of 

17 2004; 

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

19 that the biological evidence may be destroyed and 

20 the defendant does not file a motion under section 

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

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

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

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

3 evidence sufficient to permit future DNA testing. 

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

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

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

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

10 the date of enactment of the Innocence Protection Act of 

11 2004, the Attorney General shall promulgate regulations 

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

14 comply with such regulations. 

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

16 intentionally destroys, alters, or tampers with biological 

17 evidence that is required to be preserved under this section 

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

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

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

22 or both. 

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

24 provide a basis for relief in any Federal habeas corpus 

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

3 amended by inserting after the item relating to 

4 chapter 228 the following: 

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

5 (b) SYSTEM FOR REPORTING MOTIONS.— 

6 (1) ESTABLISHMENT.—The Attorney General 

7 shall establish a system for reporting and tracking 

8 motions filed in accordance with section 3600 of title 

9 18, United States Code. 

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

12 shall provide to the Attorney General any requested 

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

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

17 date of enactment of this Act, the Attorney General 

18 shall submit a report to Congress that contains— 

19 (A) a list of motions filed under section 

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

21 by this Act; 

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

24 (C) whether the applicant obtained relief 

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

2 following a granting of relief and the outcome 

3 of such proceedings. 

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

7 determines to be relevant in assessing the operation, 

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

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

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

14 and the amendments made by this section shall take effect 

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

16 respect to any offense committed, and to any judgment 

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

19 SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA 

20 TESTING GRANT PROGRAM. 

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

23 Grant Program to award grants to States to help defray 

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

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

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

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

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

6 District of Columbia, the Commonwealth of Puerto Rico, 

7 the United States Virgin Islands, American Samoa, 

8 Guam, and the Northern Mariana Islands. 

9 SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CON10 SIDERATION OF CLAIMS OF ACTUAL INNO11 CENCE. 

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

13 appropriated to carry out sections 303, 305, 307, and 412 

14 shall be reserved for grants to eligible entities that— 

15 (1) meet the requirements under section 303, 

16 305, 307, or 412, as appropriate; and 

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

19 (A) provides post-conviction DNA testing 

20 of specified evidence— 

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

23 extended or renewed after such date), to 

24 any person convicted after trial and under 

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

2 meaningful process for resolving a claim of 

3 actual innocence; or 

4 (ii) under a State statute enacted 

5 after the date of enactment of this Act, or 

6 under a State rule, regulation, or practice, 

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

9 manner comparable to section 3600(a) of 

10 title 18, United States Code (provided that 

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

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

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

17 post-conviction relief, notwithstanding any 

18 provision of law that would otherwise bar 

19 such application as untimely; and 

20 (B) preserves biological evidence secured in 

21 relation to the investigation or prosecution of a 

22 State offense— 

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

24 local rule, regulation, or practice, enacted 

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

2 such date), in a manner that ensures that 

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

5 evidence; or 

6 (ii) under a State statute or a State 

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

10 to section 3600A of title 18, United States 

11 Code, if— 

12 (I) all jurisdictions within the 

13 State comply with this requirement; 

14 and 

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

17 the period of time that such evidence 

18 would be required to be preserved 

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

2 of Representation in State Cap3 ital Cases 

4 SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT 

5 GRANTS. 

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

7 grants to States for the purpose of improving the quality 

8 of legal representation provided to indigent defendants in 

9 State capital cases. 

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

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

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

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

18 legal representation to— 

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

21 (B) indigents who have been sentenced to 

22 death and who seek appellate or collateral relief 

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

2 death and who seek review in the Supreme 

3 Court of the United States; and 

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

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

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

8 representation is a system that— 

9 (1) invests the responsibility for appointing 

10 qualified attorneys to represent indigents in capital 

11 cases— 

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

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

16 (B) in an entity established by statute or 

17 by the highest State court with jurisdiction in 

18 criminal cases, which is composed of individuals 

19 with demonstrated knowledge and expertise in 

20 capital representation; or 

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

23 Act under which the trial judge is required to 

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

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

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

6 to the statutory procedure described in paragraph 

7 (1)(C), as applicable, to— 

8 (A) establish qualifications for attorneys 

9 who may be appointed to represent indigents in 

10 capital cases; 

11 (B) establish and maintain a roster of 

12 qualified attorneys; 

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

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

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

18 pairs of attorneys from the roster, from which 

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

20 case in which the State elects not to seek the 

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

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

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

4 (E) monitor the performance of attorneys 

5 who are appointed and their attendance at 

6 training programs, and remove from the roster 

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

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

12 (F) ensure funding for the full cost of 

13 competent legal representation by the defense 

14 team and outside experts selected by counsel, 

15 who shall be compensated— 

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

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

20 and 

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

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

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

2 jurisdiction. 

3 (II) Appointed attorneys shall be 

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

6 at a reasonable hourly rate in light of 

7 the qualifications and experience of 

8 the attorney and the local market for 

9 legal representation in cases reflecting 

10 the complexity and responsibility of 

11 capital cases. 

12 (III) Non-attorney members of 

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

16 that reflects the specialized skills 

17 needed by those who assist counsel 

18 with the litigation of death penalty 

19 cases. 

20 (IV) Attorney and non-attorney 

21 members of the defense team shall be 

22 reimbursed for reasonable incidental 

23 expenses. 
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1 SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 

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

3 grants to States for the purpose of enhancing the ability 

4 of prosecutors to effectively represent the public in State 

5 capital cases. 

6 (b) USE OF FUNDS.— 

7 (1) PERMITTED USES.—Grants awarded under 

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

9 following: 

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

12 effective representation in State capital cases. 

13 (B) To develop and implement appropriate 

14 standards and qualifications for State and local 

15 prosecutors who litigate State capital cases. 

16 (C) To assess the performance of State 

17 and local prosecutors who litigate State capital 

18 cases, provided that such assessment shall not 

19 include participation by the assessor in the trial 

20 of any specific capital case. 

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

23 minimize the potential for error in the trial of 

24 capital cases. 

25 (E) To establish a program under which 

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

2 was imposed in order to identify cases in which 

3 post-conviction DNA testing may be appro4 priate. 

5 (F) To provide support and assistance to 

6 the families of murder victims. 

7 (2) PROHIBITED USE.—Grants awarded under 

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

9 indirectly, the prosecution of specific capital cases. 

10 SEC. 423. APPLICATIONS. 

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

13 under this subtitle. 

14 (b) APPLICATION.— 

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

16 under this subtitle shall submit an application to the 

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

18 containing such information as the Attorney General 

19 may reasonably require. 

20 (2) CONTENTS.—Each application submitted 

21 under paragraph (1) shall contain— 

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

3 (B) a description of the communities to be 

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

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

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

11 local prosecutor and defender organiza12 tions; and 

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

16 crimes and trial-level prosecution of capital 

17 crimes; 

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

19 statutory procedure described in section 

20 421(d)(1)(C), a certification by an appropriate 

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

24 (E) assurances that Federal funds received 

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

4 under this subtitle; and 

5 (ii) allocated in accordance with sec6 tion 426(b). 

7 SEC. 424. STATE REPORTS. 

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

9 this subtitle shall submit an annual report to the Attorney 

10 General that— 

11 (1) identifies the activities carried out with such 

12 funds; and 

13 (2) explains how each activity complies with the 

14 terms and conditions of the grant. 

15 (b) CAPITAL REPRESENTATION IMPROVEMENT

16 GRANTS.—With respect to the funds provided under sec17 tion 421, a report under subsection (a) shall include— 

18 (1) an accounting of all amounts expended; 

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

20 State— 

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

24 described in section 421(d)(1)(A), an entity de25 scribed in section 421(d)(1)(B), or selection 
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1 committee or similar entity described in section 

2 421(d)(1)(C); and 

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

7 421(d)(1)(C), to— 

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

10 indigents in capital cases in accordance 

11 with section 421(d)(2)(A); 

12 (ii) establish and maintain a roster of 

13 qualified attorneys in accordance with sec14 tion 421(d)(2)(B); 

15 (iii) assign attorneys from the roster 

16 in accordance with section 421(d)(2)(C); 

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

19 representing defendants in capital cases in 

20 accordance with section 421(d)(2)(D); 

21 (v) monitor the performance and 

22 training program attendance of appointed 

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

4 programs, in accordance with section 

5 421(d)(2)(E); and 

6 (vi) ensure funding for the full cost of 

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

9 counsel, in accordance with section 

10 421(d)(2)(F), including a statement set11 ting forth— 

12 (I) if the State employs a public 

13 defender program under section 

14 421(d)(1)(A), the salaries received by 

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

18 the jurisdiction; 

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

21 421(d)(1)(B), the hourly fees received 

22 by such attorneys for actual time and 

23 service and the basis on which the 

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

3 and the basis on which such amounts 

4 were determined; and 

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

7 the defense team were reimbursed for 

8 reasonable incidental expenses; 

9 (3) in the case of a State that employs a statu10 tory procedure described in section 421(d)(1)(C), an 

11 assessment of the extent to which the State is in 

12 compliance with the requirements of the applicable 

13 State statute; and 

14 (4) a statement confirming that the funds have 

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

17 (c) CAPITAL PROSECUTION IMPROVEMENT

18 GRANTS.—With respect to the funds provided under sec19 tion 422, a report under subsection (a) shall include— 

20 (1) an accounting of all amounts expended; 

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

22 State has— 

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

2 accordance with section 422(b)(1)(A); 

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

5 and local prosecutors who litigate State capital 

6 cases in accordance with section 422(b)(1)(B); 

7 (C) assessed the performance of State and 

8 local prosecutors who litigate State capital cases 

9 in accordance with section 422(b)(1)(C); 

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

12 minimize the potential for error in the trial of 

13 capital cases in accordance with section 

14 422(b)(1)(D); 

15 (E) established a program under which 

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

18 was imposed in order to identify cases in which 

19 post-conviction DNA testing may be appro20 priate in accordance with section 422(b)(1)(E); 

21 and 

22 (F) provided support and assistance to the 

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

2 not been used to fund the prosecution of specific 

3 capital cases or to supplant non-Federal funds. 

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

8 SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND AD9 MINISTRATIVE REMEDIES. 

10 (a) EVALUATION BY INSPECTOR GENERAL.— 

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

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

14 Inspector General of the Department of Justice (in 

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

16 shall— 

17 (A) after affording an opportunity for any 

18 person to provide comments on a report sub19 mitted under section 424, submit to Congress 

20 and to the Attorney General a report evaluating 

21 the compliance by the State with the terms and 

22 conditions of the grant; and 

23 (B) if the Inspector General concludes that 

24 the State is not in compliance with the terms 

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

3 (2) PRIORITY.—In conducting evaluations 

4 under this subsection, the Inspector General shall 

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

7 State and other comments provided by any other 

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

9 (3) DETERMINATION FOR STATUTORY PROCE10 DURE STATES.—For each State that employs a stat11 utory procedure described in section 421(d)(1)(C), 

12 the Inspector General shall submit to Congress and 

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

14 the first fiscal year for which such State receives 

15 funds, after affording an opportunity for any person 

16 to provide comments on a certification submitted 

17 under section 423(b)(2)(D), a determination as to 

18 whether the State is in substantial compliance with 

19 the requirements of the applicable State statute. 

20 (b) ADMINISTRATIVE REVIEW.— 

21 (1) COMMENT.—Upon receiving the report 

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

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

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

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

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

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

9 State authorities to enter into a plan for corrective 

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

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

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

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

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

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

21 shall submit a report to Congress as to whether the 

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

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

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

2 conditions of the grant, the Attorney General shall dis3 continue all further funding under sections 421 and 422 

4 and require the State to return the funds granted under 

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

8 this subtitle in another fiscal year. 

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

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

12 grant. 

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

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

16 available to the Inspector General for purposes of carrying 

17 out this section. Such sums shall remain available until 

18 expended. 

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

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

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

23 employs a statutory procedure described in section 

24 421(d)(1)(C), if the Inspector General submits a de25 termination under subsection (a)(3) that the State is 
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1 not in substantial compliance with the requirements 

2 of the applicable State statute, then for the period 

3 beginning with the date on which that determination 

4 was submitted and ending on the date on which the 

5 Inspector General determines that the State is in 

6 substantial compliance with the requirements of that 

7 statute, the funds awarded under this subtitle shall 

8 be allocated solely for the uses described in section 

9 421. 

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

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

14 SEC. 426. AUTHORIZATION OF APPROPRIATIONS. 

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

18 (b) RESTRICTION ON USE OF FUNDS TO ENSURE

19 EQUAL ALLOCATION.—Each State receiving a grant 

20 under this subtitle shall allocate the funds equally between 

21 the uses described in section 421 and the uses described 

22 in section 422, except as provided in section 425(f). 
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1 Subtitle C—Compensation for the 

2 Wrongfully Convicted 

3 SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES 

4 FOR THE WRONGFULLY CONVICTED. 

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

6 amended by striking ‘‘exceed the sum of $5,000’’ and in7 serting ‘‘exceed $100,000 for each 12-month period of in8 carceration for any plaintiff who was unjustly sentenced 

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

11 SEC. 432. SENSE OF CONGRESS REGARDING COMPENSA12 TION IN STATE DEATH PENALTY CASES. 

13 It is the sense of Congress that States should provide 

14 reasonable compensation to any person found to have been 

15 unjustly convicted of an offense against the State and sen16 tenced to death. 
Union Calendar No. 434 

108TH CONGRESS 

2D SESSION H. R. 5107 

[Report No. 108–711] 

A BILL 

To protect crime victims’ rights, to eliminate the 

cases, and for other purposes. prove the performance of counsel in State capital DNA evidence to exonerate the innocent, to imevidence, to provide post-conviction testing of grams regarding the collection and use of DNA testing technologies, to develop new training proincrease research and development of new DNA Federal, State, and local crime laboratories, to prove and expand the DNA testing capacity of from crime scenes and convicted offenders, to imsubstantial backlog of DNA samples collected 

SEPTEMBER 30, 2004 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed