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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5107 Enrolled Bill (ENR)]

        H.R.5107

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 An Act

 
 To protect crime victims' rights, to eliminate the substantial backlog 
 of DNA samples collected from crime scenes and convicted offenders, to 
improve and expand the DNA testing capacity of Federal, State, and local 
  crime laboratories, to increase research and development of new DNA 
  testing technologies, to develop new training programs regarding the 
 collection and use of DNA evidence, to provide post-conviction testing 
of DNA evidence to exonerate the innocent, to improve the performance of 
         counsel in State capital cases, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Justice for All 
Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

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

Sec. 101. Short title.
Sec. 102. Crime victims' rights.
Sec. 103. Increased resources for enforcement of crime victims' rights.
Sec. 104. Reports.

                   TITLE II--DEBBIE SMITH ACT OF 2004

Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA 
          backlog.

            TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

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

               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

Sec. 401. Short title.

        Subtitle A--Exonerating the innocent through DNA testing

Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims 
          of actual innocence.

  Subtitle B--Improving the quality of representation in State capital 
                                  cases

Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.

          Subtitle C--Compensation for the wrongfully convicted

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

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

SEC. 101. SHORT TITLE.

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

SEC. 102. CRIME VICTIMS' RIGHTS.

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

                  ``CHAPTER 237--CRIME VICTIMS' RIGHTS

``Sec.
``3771. Crime victims' rights.

``Sec. 3771. Crime victims' rights

    ``(a) Rights of Crime Victims.--A crime victim has the following 
rights:
        ``(1) The right to be reasonably protected from the accused.
        ``(2) The right to reasonable, accurate, and timely notice of 
    any public court proceeding, or any parole proceeding, involving 
    the crime or of any release or escape of the accused.
        ``(3) The right not to be excluded from any such public court 
    proceeding, unless the court, after receiving clear and convincing 
    evidence, determines that testimony by the victim would be 
    materially altered if the victim heard other testimony at that 
    proceeding.
        ``(4) The right to be reasonably heard at any public proceeding 
    in the district court involving release, plea, sentencing, or any 
    parole proceeding.
        ``(5) The reasonable right to confer with the attorney for the 
    Government in the case.
        ``(6) The right to full and timely restitution as provided in 
    law.
        ``(7) The right to proceedings free from unreasonable delay.
        ``(8) The right to be treated with fairness and with respect 
    for the victim's dignity and privacy.
    ``(b) Rights Afforded.--In any court proceeding involving an 
offense against a crime victim, the court shall ensure that the crime 
victim is afforded the rights described in subsection (a). Before 
making a determination described in subsection (a)(3), the court shall 
make every effort to permit the fullest attendance possible by the 
victim and shall consider reasonable alternatives to the exclusion of 
the victim from the criminal proceeding. The reasons for any decision 
denying relief under this chapter shall be clearly stated on the 
record.
    ``(c) Best Efforts To Accord Rights.--
        ``(1) Government.--Officers and employees of the Department of 
    Justice and other departments and agencies of the United States 
    engaged in the detection, investigation, or prosecution of crime 
    shall make their best efforts to see that crime victims are 
    notified of, and accorded, the rights described in subsection (a).
        ``(2) Advice of attorney.--The prosecutor shall advise the 
    crime victim that the crime victim can seek the advice of an 
    attorney with respect to the rights described in subsection (a).
        ``(3) Notice.--Notice of release otherwise required pursuant to 
    this chapter shall not be given if such notice may endanger the 
    safety of any person.
    ``(d) Enforcement and Limitations.--
        ``(1) Rights.--The crime victim or the crime victim's lawful 
    representative, and the attorney for the Government may assert the 
    rights described in subsection (a). A person accused of the crime 
    may not obtain any form of relief under this chapter.
        ``(2) Multiple crime victims.--In a case where the court finds 
    that the number of crime victims makes it impracticable to accord 
    all of the crime victims the rights described in subsection (a), 
    the court shall fashion a reasonable procedure to give effect to 
    this chapter that does not unduly complicate or prolong the 
    proceedings.
        ``(3) Motion for relief and writ of mandamus.--The rights 
    described in subsection (a) shall be asserted in the district court 
    in which a defendant is being prosecuted for the crime or, if no 
    prosecution is underway, in the district court in the district in 
    which the crime occurred. The district court shall take up and 
    decide any motion asserting a victim's right forthwith. If the 
    district court denies the relief sought, the movant may petition 
    the court of appeals for a writ of mandamus. The court of appeals 
    may issue the writ on the order of a single judge pursuant to 
    circuit rule or the Federal Rules of Appellate Procedure. The court 
    of appeals shall take up and decide such application forthwith 
    within 72 hours after the petition has been filed. In no event 
    shall proceedings be stayed or subject to a continuance of more 
    than five days for purposes of enforcing this chapter. If the court 
    of appeals denies the relief sought, the reasons for the denial 
    shall be clearly stated on the record in a written opinion.
        ``(4) Error.--In any appeal in a criminal case, the Government 
    may assert as error the district court's denial of any crime 
    victim's right in the proceeding to which the appeal relates.
        ``(5) Limitation on relief.--In no case shall a failure to 
    afford a right under this chapter provide grounds for a new trial. 
    A victim may make a motion to re-open a plea or sentence only if--
            ``(A) the victim has asserted the right to be heard before 
        or during the proceeding at issue and such right was denied;
            ``(B) the victim petitions the court of appeals for a writ 
        of mandamus within 10 days; and
            ``(C) in the case of a plea, the accused has not pled to 
        the highest offense charged.
    This paragraph does not affect the victim's right to restitution as 
    provided in title 18, United States Code.''.
        ``(6) No cause of action.--Nothing in this chapter shall be 
    construed to authorize a cause of action for damages or to create, 
    to enlarge, or to imply any duty or obligation to any victim or 
    other person for the breach of which the United States or any of 
    its officers or employees could be held liable in damages. Nothing 
    in this chapter shall be construed to impair the prosecutorial 
    discretion of the Attorney General or any officer under his 
    direction.
    ``(e) Definitions.--For the purposes of this chapter, the term 
`crime victim' means a person directly and proximately harmed as a 
result of the commission of a Federal offense or an offense in the 
District of Columbia. In the case of a crime victim who is under 18 
years of age, incompetent, incapacitated, or deceased, the legal 
guardians of the crime victim or the representatives of the crime 
victim's estate, family members, or any other persons appointed as 
suitable by the court, may assume the crime victim's rights under this 
chapter, but in no event shall the defendant be named as such guardian 
or representative.
    ``(f) Procedures To Promote Compliance.--
        ``(1) Regulations.--Not later than 1 year after the date of 
    enactment of this chapter, the Attorney General of the United 
    States shall promulgate regulations to enforce the rights of crime 
    victims and to ensure compliance by responsible officials with the 
    obligations described in law respecting crime victims.
        ``(2) Contents.--The regulations promulgated under paragraph 
    (1) shall--
            ``(A) designate an administrative authority within the 
        Department of Justice to receive and investigate complaints 
        relating to the provision or violation of the rights of a crime 
        victim;
            ``(B) require a course of training for employees and 
        offices of the Department of Justice that fail to comply with 
        provisions of Federal law pertaining to the treatment of crime 
        victims, and otherwise assist such employees and offices in 
        responding more effectively to the needs of crime victims;
            ``(C) contain disciplinary sanctions, including suspension 
        or termination from employment, for employees of the Department 
        of Justice who willfully or wantonly fail to comply with 
        provisions of Federal law pertaining to the treatment of crime 
        victims; and
            ``(D) provide that the Attorney General, or the designee of 
        the Attorney General, shall be the final arbiter of the 
        complaint, and that there shall be no judicial review of the 
        final decision of the Attorney General by a complainant.''.
    (b) Table of Chapters.--The table of chapters for part II of title 
18, United States Code, is amended by inserting at the end the 
following:
``237. Crime victims' rights.....................................3771''.
    (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act 
of 1990 (42 U.S.C. 10606) is repealed.

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

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

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

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

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

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

SEC. 104. REPORTS.

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

                   TITLE II--DEBBIE SMITH ACT OF 2004

SEC. 201. SHORT TITLE.

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

SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

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

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

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

SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.

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

SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.

    (a) In General.--Chapter 213 of title 18, United States Code, is 
amended by adding at the end the following:

``Sec. 3297. Cases involving DNA evidence

    ``In a case in which DNA testing implicates an identified person in 
the commission of a felony, except for a felony offense under chapter 
109A, no statute of limitations that would otherwise preclude 
prosecution of the offense shall preclude such prosecution until a 
period of time following the implication of the person by DNA testing 
has elapsed that is equal to the otherwise applicable limitation 
period.''.
    (b) Clerical Amendment.--The table of sections for chapter 213 of 
title 18, United States Code, is amended by adding at the end the 
following:
``3297. Cases involving DNA evidence.''.
    (c) Application.--The amendments made by this section shall apply 
to the prosecution of any offense committed before, on, or after the 
date of the enactment of this section if the applicable limitation 
period has not yet expired.

SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

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

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

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

           TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

SEC. 301. SHORT TITLE.

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

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

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

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

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

SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

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

SEC. 305. DNA RESEARCH AND DEVELOPMENT.

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

SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.

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

SEC. 307. FBI DNA PROGRAMS.

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

SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

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

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

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

SEC. 310. TRIBAL COALITION GRANTS.

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

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

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

SEC. 312. REPORT TO CONGRESS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the implementation of this title and title II and the amendments made 
by this title and title II.
    (b) Contents.--The report submitted under subsection (a) shall 
include a description of--
        (1) the progress made by Federal, State, and local entities 
    in--
            (A) collecting and entering DNA samples from offenders 
        convicted of qualifying offenses for inclusion in the Combined 
        DNA Index System (referred to in this subsection as ``CODIS'');
            (B) analyzing samples from crime scenes, including evidence 
        collected from sexual assaults and other serious violent 
        crimes, and entering such DNA analyses in CODIS; and
            (C) increasing the capacity of forensic laboratories to 
        conduct DNA analyses;
        (2) the priorities and plan for awarding grants among eligible 
    States and units of local government to ensure that the purposes of 
    this title and title II are carried out;
        (3) the distribution of grant amounts under this title and 
    title II among eligible States and local governments, and whether 
    the distribution of such funds has served the purposes of the 
    Debbie Smith DNA Backlog Grant Program;
        (4) grants awarded and the use of such grants by eligible 
    entities for DNA training and education programs for law 
    enforcement, correctional personnel, court officers, medical 
    personnel, victim service providers, and other personnel authorized 
    under sections 303 and 304;
        (5) grants awarded and the use of such grants by eligible 
    entities to conduct DNA research and development programs to 
    improve forensic DNA technology, and implement demonstration 
    projects under section 305;
        (6) the steps taken to establish the National Forensic Science 
    Commission, and the activities of the Commission under section 306;
        (7) the use of funds by the Federal Bureau of Investigation 
    under section 307;
        (8) grants awarded and the use of such grants by eligible 
    entities to promote the use of forensic DNA technology to identify 
    missing persons and unidentified human remains under section 308;
        (9) grants awarded and the use of such grants by eligible 
    entities to eliminate forensic science backlogs under the 
    amendments made by section 311;
        (10) State compliance with the requirements set forth in 
    section 313; and
        (11) any other matters considered relevant by the Attorney 
    General.

               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

SEC. 401. SHORT TITLE.

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

        Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.

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

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

``Sec.
``3600. DNA testing.
``3600A. Preservation of biological evidence.

``Sec. 3600. DNA testing

    ``(a) In General.--Upon a written motion by an individual under a 
sentence of imprisonment or death pursuant to a conviction for a 
Federal offense (referred to in this section as the `applicant'), the 
court that entered the judgment of conviction shall order DNA testing 
of specific evidence if the court finds that all of the following 
apply:
        ``(1) The applicant asserts, under penalty of perjury, that the 
    applicant is actually innocent of--
            ``(A) the Federal offense for which the applicant is under 
        a sentence of imprisonment or death; or
            ``(B) another Federal or State offense, if--
                ``(i) evidence of such offense was admitted during a 
            Federal death sentencing hearing and exoneration of such 
            offense would entitle the applicant to a reduced sentence 
            or new sentencing hearing; and
                ``(ii) in the case of a State offense--

                    ``(I) the applicant demonstrates that there is no 
                adequate remedy under State law to permit DNA testing 
                of the specified evidence relating to the State 
                offense; and
                    ``(II) to the extent available, the applicant has 
                exhausted all remedies available under State law for 
                requesting DNA testing of specified evidence relating 
                to the State offense.

        ``(2) The specific evidence to be tested was secured in 
    relation to the investigation or prosecution of the Federal or 
    State offense referenced in the applicant's assertion under 
    paragraph (1).
        ``(3) The specific evidence to be tested--
            ``(A) was not previously subjected to DNA testing and the 
        applicant did not--
                ``(i) knowingly and voluntarily waive the right to 
            request DNA testing of that evidence in a court proceeding 
            after the date of enactment of the Innocence Protection Act 
            of 2004; or
                ``(ii) knowingly fail to request DNA testing of that 
            evidence in a prior motion for postconviction DNA testing; 
            or
            ``(B) was previously subjected to DNA testing and the 
        applicant is requesting DNA testing using a new method or 
        technology that is substantially more probative than the prior 
        DNA testing.
        ``(4) The specific evidence to be tested is in the possession 
    of the Government and has been subject to a chain of custody and 
    retained under conditions sufficient to ensure that such evidence 
    has not been substituted, contaminated, tampered with, replaced, or 
    altered in any respect material to the proposed DNA testing.
        ``(5) The proposed DNA testing is reasonable in scope, uses 
    scientifically sound methods, and is consistent with accepted 
    forensic practices.
        ``(6) The applicant identifies a theory of defense that--
            ``(A) is not inconsistent with an affirmative defense 
        presented at trial; and
            ``(B) would establish the actual innocence of the applicant 
        of the Federal or State offense referenced in the applicant's 
        assertion under paragraph (1).
        ``(7) If the applicant was convicted following a trial, the 
    identity of the perpetrator was at issue in the trial.
        ``(8) The proposed DNA testing of the specific evidence may 
    produce new material evidence that would--
            ``(A) support the theory of defense referenced in paragraph 
        (6); and
            ``(B) raise a reasonable probability that the applicant did 
        not commit the offense.
        ``(9) The applicant certifies that the applicant will provide a 
    DNA sample for purposes of comparison.
        ``(10) The motion is made in a timely fashion, subject to the 
    following conditions:
            ``(A) There shall be a rebuttable presumption of timeliness 
        if the motion is made within 60 months of enactment of the 
        Justice For All Act of 2004 or within 36 months of conviction, 
        whichever comes later. Such presumption may be rebutted upon a 
        showing--
                ``(i) that the applicant's motion for a DNA test is 
            based solely upon information used in a previously denied 
            motion; or
                ``(ii) of clear and convincing evidence that the 
            applicant's filing is done solely to cause delay or harass.
            ``(B) There shall be a rebuttable presumption against 
        timeliness for any motion not satisfying subparagraph (A) 
        above. Such presumption may be rebutted upon the court's 
        finding--
                ``(i) that the applicant was or is incompetent and such 
            incompetence substantially contributed to the delay in the 
            applicant's motion for a DNA test;
                ``(ii) the evidence to be tested is newly discovered 
            DNA evidence;
                ``(iii) that the applicant's motion is not based solely 
            upon the applicant's own assertion of innocence and, after 
            considering all relevant facts and circumstances 
            surrounding the motion, a denial would result in a manifest 
            injustice; or
                ``(iv) upon good cause shown.
            ``(C) For purposes of this paragraph--
                ``(i) the term `incompetence' has the meaning as 
            defined in section 4241 of title 18, United States Code;
                ``(ii) the term `manifest' means that which is 
            unmistakable, clear, plain, or indisputable and requires 
            that the opposite conclusion be clearly evident.
    ``(b) Notice to the Government; Preservation Order; Appointment of 
Counsel.--
        ``(1) Notice.--Upon the receipt of a motion filed under 
    subsection (a), the court shall--
            ``(A) notify the Government; and
            ``(B) allow the Government a reasonable time period to 
        respond to the motion.
        ``(2) Preservation order.--To the extent necessary to carry out 
    proceedings under this section, the court shall direct the 
    Government to preserve the specific evidence relating to a motion 
    under subsection (a).
        ``(3) Appointment of counsel.--The court may appoint counsel 
    for an indigent applicant under this section in the same manner as 
    in a proceeding under section 3006A(a)(2)(B).
    ``(c) Testing Procedures.--
        ``(1) In general.--The court shall direct that any DNA testing 
    ordered under this section be carried out by the Federal Bureau of 
    Investigation.
        ``(2) Exception.--Notwithstanding paragraph (1), the court may 
    order DNA testing by another qualified laboratory if the court 
    makes all necessary orders to ensure the integrity of the specific 
    evidence and the reliability of the testing process and test 
    results.
        ``(3) Costs.--The costs of any DNA testing ordered under this 
    section shall be paid--
            ``(A) by the applicant; or
            ``(B) in the case of an applicant who is indigent, by the 
        Government.
    ``(d) Time Limitation in Capital Cases.--In any case in which the 
applicant is sentenced to death--
        ``(1) any DNA testing ordered under this section shall be 
    completed not later than 60 days after the date on which the 
    Government responds to the motion filed under subsection (a); and
        ``(2) not later than 120 days after the date on which the DNA 
    testing ordered under this section is completed, the court shall 
    order any post-testing procedures under subsection (f) or (g), as 
    appropriate.
    ``(e) Reporting of Test Results.--
        ``(1) In general.--The results of any DNA testing ordered under 
    this section shall be simultaneously disclosed to the court, the 
    applicant, and the Government.
        ``(2) NDIS.--The Government shall submit any test results 
    relating to the DNA of the applicant to the National DNA Index 
    System (referred to in this subsection as `NDIS').
        ``(3) Retention of dna sample.--
            ``(A) Entry into ndis.--If the DNA test results obtained 
        under this section are inconclusive or show that the applicant 
        was the source of the DNA evidence, the DNA sample of the 
        applicant may be retained in NDIS.
            ``(B) Match with other offense.--If the DNA test results 
        obtained under this section exclude the applicant as the source 
        of the DNA evidence, and a comparison of the DNA sample of the 
        applicant results in a match between the DNA sample of the 
        applicant and another offense, the Attorney General shall 
        notify the appropriate agency and preserve the DNA sample of 
        the applicant.
            ``(C) No match.--If the DNA test results obtained under 
        this section exclude the applicant as the source of the DNA 
        evidence, and a comparison of the DNA sample of the applicant 
        does not result in a match between the DNA sample of the 
        applicant and another offense, the Attorney General shall 
        destroy the DNA sample of the applicant and ensure that such 
        information is not retained in NDIS if there is no other legal 
        authority to retain the DNA sample of the applicant in NDIS.
    ``(f) Post-Testing Procedures; Inconclusive and Inculpatory 
Results.--
        ``(1) Inconclusive results.--If DNA test results obtained under 
    this section are inconclusive, the court may order further testing, 
    if appropriate, or may deny the applicant relief.
        ``(2) Inculpatory results.--If DNA test results obtained under 
    this section show that the applicant was the source of the DNA 
    evidence, the court shall--
            ``(A) deny the applicant relief; and
            ``(B) on motion of the Government--
                ``(i) make a determination whether the applicant's 
            assertion of actual innocence was false, and, if the court 
            makes such a finding, the court may hold the applicant in 
            contempt;
                ``(ii) assess against the applicant the cost of any DNA 
            testing carried out under this section;
                ``(iii) forward the finding to the Director of the 
            Bureau of Prisons, who, upon receipt of such a finding, may 
            deny, wholly or in part, the good conduct credit authorized 
            under section 3632 on the basis of that finding;
                ``(iv) if the applicant is subject to the jurisdiction 
            of the United States Parole Commission, forward the finding 
            to the Commission so that the Commission may deny parole on 
            the basis of that finding; and
                ``(v) if the DNA test results relate to a State 
            offense, forward the finding to any appropriate State 
            official.
        ``(3) Sentence.--In any prosecution of an applicant under 
    chapter 79 for false assertions or other conduct in proceedings 
    under this section, the court, upon conviction of the applicant, 
    shall sentence the applicant to a term of imprisonment of not less 
    than 3 years, which shall run consecutively to any other term of 
    imprisonment the applicant is serving.
    ``(g) Post-Testing Procedures; Motion for New Trial or 
Resentencing.--
        ``(1) In general.--Notwithstanding any law that would bar a 
    motion under this paragraph as untimely, if DNA test results 
    obtained under this section exclude the applicant as the source of 
    the DNA evidence, the applicant may file a motion for a new trial 
    or resentencing, as appropriate. The court shall establish a 
    reasonable schedule for the applicant to file such a motion and for 
    the Government to respond to the motion.
        ``(2) Standard for granting motion for new trial or 
    resentencing.--The court shall grant the motion of the applicant 
    for a new trial or resentencing, as appropriate, if the DNA test 
    results, when considered with all other evidence in the case 
    (regardless of whether such evidence was introduced at trial), 
    establish by compelling evidence that a new trial would result in 
    an acquittal of--
            ``(A) in the case of a motion for a new trial, the Federal 
        offense for which the applicant is under a sentence of 
        imprisonment or death; and
            ``(B) in the case of a motion for resentencing, another 
        Federal or State offense, if evidence of such offense was 
        admitted during a Federal death sentencing hearing and 
        exoneration of such offense would entitle the applicant to a 
        reduced sentence or a new sentencing proceeding.
    ``(h) Other Laws Unaffected.--
        ``(1) Post-conviction relief.--Nothing in this section shall 
    affect the circumstances under which a person may obtain DNA 
    testing or post-conviction relief under any other law.
        ``(2) Habeas corpus.--Nothing in this section shall provide a 
    basis for relief in any Federal habeas corpus proceeding.
        ``(3) Not a motion under section 2255.--A motion under this 
    section shall not be considered to be a motion under section 2255 
    for purposes of determining whether the motion or any other motion 
    is a second or successive motion under section 2255.

``Sec. 3600A. Preservation of biological evidence

    ``(a) In General.--Notwithstanding any other provision of law, the 
Government shall preserve biological evidence that was secured in the 
investigation or prosecution of a Federal offense, if a defendant is 
under a sentence of imprisonment for such offense.
    ``(b) Defined Term.--For purposes of this section, the term 
`biological evidence' means--
        ``(1) a sexual assault forensic examination kit; or
        ``(2) semen, blood, saliva, hair, skin tissue, or other 
    identified biological material.
    ``(c) Applicability.--Subsection (a) shall not apply if--
        ``(1) a court has denied a request or motion for DNA testing of 
    the biological evidence by the defendant under section 3600, and no 
    appeal is pending;
        ``(2) the defendant knowingly and voluntarily waived the right 
    to request DNA testing of the biological evidence in a court 
    proceeding conducted after the date of enactment of the Innocence 
    Protection Act of 2004;
        ``(3) after a conviction becomes final and the defendant has 
    exhausted all opportunities for direct review of the conviction, 
    the defendant is notified that the biological evidence may be 
    destroyed and the defendant does not file a motion under section 
    3600 within 180 days of receipt of the notice;
        ``(4)(A) the evidence must be returned to its rightful owner, 
    or is of such a size, bulk, or physical character as to render 
    retention impracticable; and
        ``(B) the Government takes reasonable measures to remove and 
    preserve portions of the material evidence sufficient to permit 
    future DNA testing; or
        ``(5) the biological evidence has already been subjected to DNA 
    testing under section 3600 and the results included the defendant 
    as the source of such evidence.
    ``(d) Other Preservation Requirement.--Nothing in this section 
shall preempt or supersede any statute, regulation, court order, or 
other provision of law that may require evidence, including biological 
evidence, to be preserved.
    ``(e) Regulations.--Not later than 180 days after the date of 
enactment of the Innocence Protection Act of 2004, the Attorney General 
shall promulgate regulations to implement and enforce this section, 
including appropriate disciplinary sanctions to ensure that employees 
comply with such regulations.
    ``(f) Criminal Penalty.--Whoever knowingly and intentionally 
destroys, alters, or tampers with biological evidence that is required 
to be preserved under this section with the intent to prevent that 
evidence from being subjected to DNA testing or prevent the production 
or use of that evidence in an official proceeding, shall be fined under 
this title, imprisoned for not more than 5 years, or both.
    ``(g) Habeas Corpus.--Nothing in this section shall provide a basis 
for relief in any Federal habeas corpus proceeding.''.
        (2) Clerical amendment.--The chapter analysis for part II of 
    title 18, United States Code, is amended by inserting after the 
    item relating to chapter 228 the following:
``228A. Post-conviction DNA testing..............................3600''.

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

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

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

SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS 
              OF ACTUAL INNOCENCE.

    For each of fiscal years 2005 through 2009, all funds appropriated 
to carry out sections 303, 305, 308, and 412 shall be reserved for 
grants to eligible entities that--
        (1) meet the requirements under section 303, 305, 308, or 412, 
    as appropriate; and
        (2) demonstrate that the State in which the eligible entity 
    operates--
            (A) provides post-conviction DNA testing of specified 
        evidence--
                (i) under a State statute enacted before the date of 
            enactment of this Act (or extended or renewed after such 
            date), to persons convicted after trial and under a 
            sentence of imprisonment or death for a State felony 
            offense, in a manner that ensures a reasonable process for 
            resolving claims of actual innocence; or
                (ii) under a State statute enacted after the date of 
            enactment of this Act, or under a State rule, regulation, 
            or practice, to persons under a sentence of imprisonment or 
            death for a State felony offense, in a manner comparable to 
            section 3600(a) of title 18, United States Code (provided 
            that the State statute, rule, regulation, or practice may 
            make post-conviction DNA testing available in cases in 
            which such testing is not required by such section), and if 
            the results of such testing exclude the applicant, permits 
            the applicant to apply for post-conviction relief, 
            notwithstanding any provision of law that would otherwise 
            bar such application as untimely; and
            (B) preserves biological evidence secured in relation to 
        the investigation or prosecution of a State offense--
                (i) under a State statute or a State or local rule, 
            regulation, or practice, enacted or adopted before the date 
            of enactment of this Act (or extended or renewed after such 
            date), in a manner that ensures that reasonable measures 
            are taken by all jurisdictions within the State to preserve 
            such evidence; or
                (ii) under a State statute or a State or local rule, 
            regulation, or practice, enacted or adopted after the date 
            of enactment of this Act, in a manner comparable to section 
            3600A of title 18, United States Code, if--

                    (I) all jurisdictions within the State comply with 
                this requirement; and
                    (II) such jurisdictions may preserve such evidence 
                for longer than the period of time that such evidence 
                would be required to be preserved under such section 
                3600A.

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

SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.

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

                    (I) Attorneys employed by a public defender program 
                shall be compensated according to a salary scale that 
                is commensurate with the salary scale of the 
                prosecutor's office in the jurisdiction.
                    (II) Appointed attorneys shall be compensated for 
                actual time and service, computed on an hourly basis 
                and at a reasonable hourly rate in light of the 
                qualifications and experience of the attorney and the 
                local market for legal representation in cases 
                reflecting the complexity and responsibility of capital 
                cases.
                    (III) Non-attorney members of the defense team, 
                including investigators, mitigation specialists, and 
                experts, shall be compensated at a rate that reflects 
                the specialized skills needed by those who assist 
                counsel with the litigation of death penalty cases.
                    (IV) Attorney and non-attorney members of the 
                defense team shall be reimbursed for reasonable 
                incidental expenses.

SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

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

SEC. 423. APPLICATIONS.

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

SEC. 424. STATE REPORTS.

    (a) In General.--Each State receiving funds under this subtitle 
shall submit an annual report to the Attorney General that--
        (1) identifies the activities carried out with such funds; and
        (2) explains how each activity complies with the terms and 
    conditions of the grant.
    (b) Capital Representation Improvement Grants.--With respect to the 
funds provided under section 421, a report under subsection (a) shall 
include--
        (1) an accounting of all amounts expended;
        (2) an explanation of the means by which the State--
            (A) invests the responsibility for identifying and 
        appointing qualified attorneys to represent indigents in 
        capital cases in a program described in section 421(e)(1)(A), 
        an entity described in section 421(e)(1)(B), or a selection 
        committee or similar entity described in section 421(e)(1)(C); 
        and
            (B) requires such program, entity, or selection committee 
        or similar entity, or other appropriate entity designated 
        pursuant to the statutory procedure described in section 
        421(e)(1)(C), to--
                (i) establish qualifications for attorneys who may be 
            appointed to represent indigents in capital cases in 
            accordance with section 421(e)(2)(A);
                (ii) establish and maintain a roster of qualified 
            attorneys in accordance with section 421(e)(2)(B);
                (iii) assign attorneys from the roster in accordance 
            with section 421(e)(2)(C);
                (iv) conduct, sponsor, or approve specialized training 
            programs for attorneys representing defendants in capital 
            cases in accordance with section 421(e)(2)(D);
                (v) monitor the performance and training program 
            attendance of appointed attorneys, and remove from the 
            roster attorneys who fail to deliver effective 
            representation or fail to comply with such requirements as 
            such program, entity, or selection committee or similar 
            entity may establish regarding participation in training 
            programs, in accordance with section 421(e)(2)(E); and
                (vi) ensure funding for the cost of competent legal 
            representation by the defense team and outside experts 
            selected by counsel, in accordance with section 
            421(e)(2)(F), including a statement setting forth--

                    (I) if the State employs a public defender program 
                under section 421(e)(1)(A), the salaries received by 
                the attorneys employed by such program and the salaries 
                received by attorneys in the prosecutor's office in the 
                jurisdiction;
                    (II) if the State employs appointed attorneys under 
                section 421(e)(1)(B), the hourly fees received by such 
                attorneys for actual time and service and the basis on 
                which the hourly rate was calculated;
                    (III) the amounts paid to non-attorney members of 
                the defense team, and the basis on which such amounts 
                were determined; and
                    (IV) the amounts for which attorney and non-
                attorney members of the defense team were reimbursed 
                for reasonable incidental expenses;

        (3) in the case of a State that employs a statutory procedure 
    described in section 421(e)(1)(C), an assessment of the extent to 
    which the State is in compliance with the requirements of the 
    applicable State statute; and
        (4) a statement confirming that the funds have not been used to 
    fund representation in specific capital cases or to supplant non-
    Federal funds.
    (c) Capital Prosecution Improvement Grants.--With respect to the 
funds provided under section 422, a report under subsection (a) shall 
include--
        (1) an accounting of all amounts expended;
        (2) a description of the means by which the State has--
            (A) designed and established training programs for State 
        and local prosecutors to ensure effective representation in 
        State capital cases in accordance with section 422(b)(1)(A);
            (B) developed and implemented appropriate standards and 
        qualifications for State and local prosecutors who litigate 
        State capital cases in accordance with section 422(b)(1)(B);
            (C) assessed the performance of State and local prosecutors 
        who litigate State capital cases in accordance with section 
        422(b)(1)(C);
            (D) identified and implemented any potential legal reforms 
        that may be appropriate to minimize the potential for error in 
        the trial of capital cases in accordance with section 
        422(b)(1)(D);
            (E) established a program under which State and local 
        prosecutors conduct a systematic review of cases in which a 
        death sentence was imposed in order to identify cases in which 
        post-conviction DNA testing may be appropriate in accordance 
        with section 422(b)(1)(E); and
            (F) provided support and assistance to the families of 
        murder victims; and
        (3) a statement confirming that the funds have not been used to 
    fund the prosecution of specific capital cases or to supplant non-
    Federal funds.
    (d) Public Disclosure of Annual State Reports.--The annual reports 
to the Attorney General submitted by any State under this section shall 
be made available to the public.

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

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

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

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

         Subtitle C--Compensation for the Wrongfully Convicted

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

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

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

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

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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