108TH CONGRESS

2D SESSION H. R. 5107

AN ACT

To protect crime victims’ rights, to eliminate the

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

108TH CONGRESS

2D SESSION H. R. 5107

AN ACT

To protect crime victims’ rights, to eliminate the substantial

backlog of DNA samples collected from crime scenes

and convicted offenders, to improve and expand the DNA

testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA

testing technologies, to develop new training programs

regarding the collection and use of DNA evidence, to

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

in State capital cases, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Justice for All Act of 2004’’.

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

5 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.
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Sec. 413. Incentive grants to States to ensure consideration of claims of actual

innocence.

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

Sec. 421. Capital representation improvement grants.

Sec. 422. Capital prosecution improvement grants.

Sec. 423. Applications.

Sec. 424. State reports.

Sec. 425. Evaluations by Inspector General and administrative remedies.

Sec. 426. Authorization of appropriations.

Subtitle C—Compensation for the wrongfully convicted

Sec. 431. Increased compensation in Federal cases for the wrongfully convicted.

Sec. 432. Sense of Congress regarding compensation in State death penalty

cases.

1 TITLE I—SCOTT CAMPBELL,

2 STEPHANIE ROPER, WENDY

3 PRESTON, LOUARNA GILLIS,

4 AND NILA LYNN CRIME VIC5 TIMS’ RIGHTS ACT

6 SEC. 101. SHORT TITLE.

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

8 Stephanie Roper, Wendy Preston, Louarna Gillis, and

9 Nila Lynn Crime Victims’ Rights Act’’.

10 SEC. 102. CRIME VICTIMS’ RIGHTS.

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

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

13 following:

14 ‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS

‘‘Sec.

‘‘3771. Crime victims’ rights.
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1 ‘‘§ 3771. Crime victims’ rights

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

3 has the following rights:

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

5 the accused.

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

7 timely notice of any public court proceeding, or any

8 parole proceeding, involving the crime or of any re9 lease or escape of the accused.

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

11 such public court proceeding, unless the court, after

12 receiving clear and convincing evidence, determines

13 that testimony by the victim would be materially al14 tered if the victim heard other testimony at that pro15 ceeding.

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

17 public proceeding in the district court involving re18 lease, plea, sentencing, or any parole proceeding.

19 ‘‘(5) The reasonable right to confer with the at20 torney for the Government in the case.

21 ‘‘(6) The right to full and timely restitution as

22 provided in law.

23 ‘‘(7) The right to proceedings free from unrea24 sonable delay.

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

26 with respect for the victim’s dignity and privacy.
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1 ‘‘(b) RIGHTS AFFORDED.—In any court proceeding

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

3 ensure that the crime victim is afforded the rights de4 scribed in subsection (a). Before making a determination

5 described in subsection (a)(3), the court shall make every

6 effort to permit the fullest attendance possible by the vic7 tim and shall consider reasonable alternatives to the exclu8 sion of the victim from the criminal proceeding. The rea9 sons for any decision denying relief under this chapter

10 shall be clearly stated on the record.

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

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

13 the Department of Justice and other departments

14 and agencies of the United States engaged in the de15 tection, investigation, or prosecution of crime shall

16 make their best efforts to see that crime victims are

17 notified of, and accorded, the rights described in

18 subsection (a).

19 ‘‘(2) ADVICE OF ATTORNEY.—The prosecutor

20 shall advise the crime victim that the crime victim

21 can seek the advice of an attorney with respect to

22 the rights described in subsection (a).

23 ‘‘(3) NOTICE.—Notice of release otherwise re24 quired pursuant to this chapter shall not be given if

25 such notice may endanger the safety of any person.
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1 ‘‘(d) ENFORCEMENT AND LIMITATIONS.—

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

3 victim’s lawful representative, and the attorney for

4 the Government may assert the rights described in

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

6 not obtain any form of relief under this chapter.

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

8 where the court finds that the number of crime vic9 tims makes it impracticable to accord all of the

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

11 the court shall fashion a reasonable procedure to

12 give effect to this chapter that does not unduly com13 plicate or prolong the proceedings.

14 ‘‘(3) MOTION FOR RELIEF AND WRIT OF MAN15 DAMUS.—The rights described in subsection (a) shall

16 be asserted in the district court in which a defend17 ant is being prosecuted for the crime or, if no pros18 ecution is underway, in the district court in the dis19 trict in which the crime occurred. The district court

20 shall take up and decide any motion asserting a vic21 tim’s right forthwith. If the district court denies the

22 relief sought, the movant may petition the court of

23 appeals for a writ of mandamus. The court of ap24 peals may issue the writ on the order of a single

25 judge pursuant to circuit rule or the Federal Rules
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1 of Appellate Procedure. The court of appeals shall

2 take up and decide such application forthwith within

3 72 hours after the petition has been filed. In no

4 event shall proceedings be stayed or subject to a

5 continuance of more than five days for purposes of

6 enforcing this chapter. If the court of appeals denies

7 the relief sought, the reasons for the denial shall be

8 clearly stated on the record in a written opinion.

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

10 the Government may assert as error the district

11 court’s denial of any crime victim’s right in the pro12 ceeding to which the appeal relates.

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

14 a failure to afford a right under this chapter provide

15 grounds for a new trial. A victim may make a mo16 tion to re-open a plea or sentence only if—

17 ‘‘(A) the victim has asserted the right to

18 be heard before or during the proceeding at

19 issue and such right was denied;

20 ‘‘(B) the victim petitions the court of ap21 peals for a writ of mandamus within 10 days;

22 and

23 ‘‘(C) in the case of a plea, the accused has

24 not pled to the highest offense charged.
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1 This paragraph does not affect the victim’s right to

2 restitution as provided in title 18, United States

3 Code.’’.

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

5 chapter shall be construed to authorize a cause of

6 action for damages or to create, to enlarge, or to

7 imply any duty or obligation to any victim or other

8 person for the breach of which the United States or

9 any of its officers or employees could be held liable

10 in damages. Nothing in this chapter shall be con11 strued to impair the prosecutorial discretion of the

12 Attorney General or any officer under his direction.

13 ‘‘(e) DEFINITIONS.—For the purposes of this chap14 ter, the term ‘crime victim’ means a person directly and

15 proximately harmed as a result of the commission of a

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

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

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

19 guardians of the crime victim or the representatives of the

20 crime victim’s estate, family members, or any other per21 sons appointed as suitable by the court, may assume the

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

23 shall the defendant be named as such guardian or rep24 resentative.

25 ‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.—
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1 ‘‘(1) REGULATIONS.—Not later than 1 year

2 after the date of enactment of this chapter, the At3 torney General of the United States shall promul4 gate regulations to enforce the rights of crime vic5 tims and to ensure compliance by responsible offi6 cials with the obligations described in law respecting

7 crime victims.

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

9 under paragraph (1) shall—

10 ‘‘(A) designate an administrative authority

11 within the Department of Justice to receive and

12 investigate complaints relating to the provision

13 or violation of the rights of a crime victim;

14 ‘‘(B) require a course of training for em15 ployees and offices of the Department of Jus16 tice that fail to comply with provisions of Fed17 eral law pertaining to the treatment of crime

18 victims, and otherwise assist such employees

19 and offices in responding more effectively to the

20 needs of crime victims;

21 ‘‘(C) contain disciplinary sanctions, includ22 ing suspension or termination from employ23 ment, for employees of the Department of Jus24 tice who willfully or wantonly fail to comply
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1 with provisions of Federal law pertaining to the

2 treatment of crime victims; and

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

4 the designee of the Attorney General, shall be

5 the final arbiter of the complaint, and that

6 there shall be no judicial review of the final de7 cision of the Attorney General by a complain8 ant.’’.

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

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

11 inserting at the end the following:

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

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

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

14 SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF

15 CRIME VICTIMS’ RIGHTS.

16 (a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.—

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

18 seq.) is amended by inserting after section 1404C the fol19 lowing:

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

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

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

23 local prosecutors’ offices, law enforcement agencies,

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

25 public and private entities, to develop, establish, and main-
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1 tain programs for the enforcement of crime victims’ rights

2 as provided in law.

3 ‘‘(b) PROHIBITION.—Grant amounts under this sec4 tion may not be used to bring a cause of action for dam5 ages.

6 ‘‘(c) FALSE CLAIMS ACT.—Notwithstanding any

7 other provision of law, amounts collected pursuant to sec8 tions 3729 through 3731 of title 31, United States Code

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

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

11 (b) AUTHORIZATION OF APPROPRIATIONS.—In addi12 tion to funds made available under section 1402(d) of the

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

14 appropriated to carry out this title—

15 (1) $2,000,000 for fiscal year 2005 and

16 $5,000,000 for each of fiscal years 2006, 2007,

17 2008, and 2009 to United States Attorneys Offices

18 for Victim/Witnesses Assistance Programs;

19 (2) $2,000,000 for fiscal year 2005 and

20 $5,000,000 in each of the fiscal years 2006, 2007,

21 2008, and 2009, to the Office for Victims of Crime

22 of the Department of Justice for enhancement of the

23 Victim Notification System;

24 (3) $300,000 in fiscal year 2005 and $500,000

25 for each of the fiscal years 2006, 2007, 2008, and
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1 2009, to the Office for Victims of Crime of the De2 partment of Justice for staff to administer the ap3 propriation for the support of organizations as des4 ignated under paragraph (4);

5 (4) $7,000,000 for fiscal year 2005 and

6 $11,000,000 for each of the fiscal years 2006, 2007,

7 2008, and 2009, to the Office for Victims of Crime

8 of the Department of Justice, for the support of or9 ganizations that provide legal counsel and support

10 services for victims in criminal cases for the enforce11 ment of crime victims’ rights in Federal jurisdic12 tions, and in States and tribal governments that

13 have laws substantially equivalent to the provisions

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

15 (5) $5,000,000 for fiscal year 2005 and

16 $7,000,000 for each of fiscal years 2006, 2007,

17 2008, and 2009, to the Office for Victims of Crime

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

19 (A) training and technical assistance to

20 States and tribal jurisdictions to craft state-of21 the-art victims’ rights laws; and

22 (B) training and technical assistance to

23 States and tribal jurisdictions to design a vari24 ety of compliance systems, which shall include

25 an evaluation component.
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1 (c) INCREASED RESOURCES TO DEVELOP STATE-OF2 THE-ART SYSTEMS FOR NOTIFYING CRIME VICTIMS OF

3 IMPORTANT DATES AND DEVELOPMENTS.—The Victims

4 of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amend5 ed by inserting after section 1404D the following:

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

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

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

9 local prosecutors’ offices, law enforcement agencies,

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

11 public or private entities, to develop and implement state12 of-the-art systems for notifying victims of crime of impor13 tant dates and developments relating to the criminal pro14 ceedings at issue in a timely and efficient manner, pro15 vided that the jurisdiction has laws substantially equiva16 lent to the provisions of chapter 237 of title 18, United

17 States Code.

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

19 and implemented under this section may be integrated

20 with existing case management systems operated by the

21 recipient of the grant.

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad23 dition to funds made available under section 1402(d),

24 there are authorized to be appropriated to carry out this

25 section—
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1 ‘‘(1) $5,000,000 for fiscal year 2005; and

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

3 2006, 2007, 2008, and 2009.

4 ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any

5 other provision of law, amounts collected pursuant to sec6 tions 3729 through 3731 of title 31, United States Code

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

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

9 SEC. 104. REPORTS.

10 (a) ADMINISTRATIVE OFFICE OF THE UNITED

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

12 of enactment of this Act and annually thereafter, the Ad13 ministrative Office of the United States Courts, for each

14 Federal court, shall report to Congress the number of

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

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

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

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

19 of times a mandamus action is brought pursuant to chap20 ter 237 of title 18, and the result reached.

21 (b) GOVERNMENT ACCOUNTABILITY OFFICE.—

22 (1) STUDY.—The Comptroller General shall

23 conduct a study that evaluates the effect and effi24 cacy of the implementation of the amendments made
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1 by this title on the treatment of crime victims in the

2 Federal system.

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

4 date of enactment of this Act, the Comptroller Gen5 eral shall prepare and submit to the appropriate

6 committees a report containing the results of the

7 study conducted under subsection (a).

8 TITLE II—DEBBIE SMITH ACT OF

9 2004

10 SEC. 201. SHORT TITLE.

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

12 2004’’.

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

14 (a) DESIGNATION OF PROGRAM; ELIGIBILITY OF

15 LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the

16 DNA Analysis Backlog Elimination Act of 2000 (42

17 U.S.C. 14135) is amended—

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

19 ‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO20 GRAM.’’;

21 (2) in subsection (a)—

22 (A) in the matter preceding paragraph

23 (1)—

24 (i) by inserting ‘‘or units of local gov25 ernment’’ after ‘‘eligible States’’; and
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1 (ii) by inserting ‘‘or unit of local gov2 ernment’’ after ‘‘State’’;

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

4 the period at the end the following: ‘‘, including

5 samples from rape kits, samples from other sex6 ual assault evidence, and samples taken in cases

7 without an identified suspect’’; and

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

9 the State’’;

10 (3) in subsection (b)—

11 (A) in the matter preceding paragraph

12 (1)—

13 (i) by inserting ‘‘or unit of local gov14 ernment’’ after ‘‘State’’ both places that

15 term appears; and

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

17 Attorney General’’ after ‘‘application

18 shall’’;

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

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

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

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

23 place that term appears;

24 (D) in paragraph (4)—
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1 (i) by inserting ‘‘or unit of local gov2 ernment’’ after ‘‘State’’; and

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

4 (E) in paragraph (5)—

5 (i) by inserting ‘‘or unit of local gov6 ernment’’ after ‘‘State’’; and

7 (ii) by striking the period at the end

8 and inserting a semicolon; and

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

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

11 certify that the unit of local government has taken,

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

13 eligible to include, directly or through a State law

14 enforcement agency, all analyses of samples for

15 which it has requested funding in the Combined

16 DNA Index System; and’’;

17 (4) in subsection (d)—

18 (A) in paragraph (1)—

19 (i) in the matter preceding subpara20 graph (A), by striking ‘‘The plan’’ and in21 serting ‘‘A plan pursuant to subsection

22 (b)(1)’’;

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

24 ‘‘within the State’’; and
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1 (iii) in subparagraph (B), by striking

2 ‘‘within the State’’; and

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

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

5 (5) in subsection (e)—

6 (A) in paragraph (1), by inserting ‘‘or local

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

8 term appears; and

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

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

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

12 paragraph (1), by inserting ‘‘or unit of local govern13 ment’’ after ‘‘State’’;

14 (7) in subsection (g)—

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

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

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

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

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

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

21 term appears.

22 (b) REAUTHORIZATION AND EXPANSION OF PRO23 GRAM.—Section 2 of the DNA Analysis Backlog Elimi24 nation Act of 2000 (42 U.S.C. 14135) is amended—

25 (1) in subsection (a)—
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1 (A) in paragraph (3), by inserting ‘‘(1) or’’

2 before ‘‘(2)’’; and

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

4 ‘‘(4) To collect DNA samples specified in para5 graph (1).

6 ‘‘(5) To ensure that DNA testing and analysis

7 of samples from crimes, including sexual assault and

8 other serious violent crimes, are carried out in a

9 timely manner.’’;

10 (2) in subsection (b), as amended by this sec11 tion, by inserting at the end the following:

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

13 the State or unit of local government shall use for

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

15 (3) by amending subsection (c) to read as fol16 lows:

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

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

19 distribute grant amounts, and establish appropriate

20 grant conditions under this section, in conformity

21 with a formula or formulas that are designed to ef22 fectuate a distribution of funds among eligible

23 States and units of local government that—
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1 ‘‘(A) maximizes the effective utilization of

2 DNA technology to solve crimes and protect

3 public safety; and

4 ‘‘(B) allocates grants among eligible enti5 ties fairly and efficiently to address jurisdic6 tions in which significant backlogs exist, by

7 considering—

8 ‘‘(i) the number of offender and case9 work samples awaiting DNA analysis in a

10 jurisdiction;

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

12 and

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

14 crimes in the jurisdiction.

15 ‘‘(2) MINIMUM AMOUNT.—The Attorney Gen16 eral shall allocate to each State not less than 0.50

17 percent of the total amount appropriated in a fiscal

18 year for grants under this section, except that the

19 United States Virgin Islands, American Samoa,

20 Guam, and the Northern Mariana Islands shall each

21 be allocated 0.125 percent of the total appropriation.

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

23 under paragraph (1) shall be awarded to conduct

24 DNA analyses of samples from casework or from
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1 victims of crime under subsection (a)(2) in accord2 ance with the following limitations:

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

4 percent of the grant amounts shall be awarded

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

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

7 50 percent of the grant amounts shall be

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

9 ‘‘(C) For fiscal year 2007, not less than 45

10 percent of the grant amounts shall be awarded

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

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

13 40 percent of the grant amounts shall be

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

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

16 percent of the grant amounts shall be awarded

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

18 (4) in subsection (g)—

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

20 the end;

21 (B) in paragraph (2), by striking the pe22 riod at the end and inserting ‘‘; and’’; and

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

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

25 awarding grants among eligible States and units of
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1 local government, and how such plan will ensure the

2 effective use of DNA technology to solve crimes and

3 protect public safety.’’;

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

5 and (2) and inserting the following:

6 ‘‘(1) $151,000,000 for fiscal year 2005;

7 ‘‘(2) $151,000,000 for fiscal year 2006;

8 ‘‘(3) $151,000,000 for fiscal year 2007;

9 ‘‘(4) $151,000,000 for fiscal year 2008; and

10 ‘‘(5) $151,000,000 for fiscal year 2009.’’; and

11 ‘‘(6) by adding at the end the following:

12 ‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU13 DITS.—The Attorney General may distribute not more

14 than 1 percent of the grant amounts under subsection

15 (j)—

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

17 defray the costs incurred by laboratories operated by

18 each such State or unit of local government in pre19 paring for accreditation or reaccreditation;

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

21 units of local government, or nonprofit professional

22 organizations of persons actively involved in forensic

23 science and nationally recognized within the forensic

24 science community—
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1 ‘‘(A) to defray the costs of external audits

2 of laboratories operated by such State or unit

3 of local government, which participates in the

4 National DNA Index System, to determine

5 whether the laboratory is in compliance with

6 quality assurance standards;

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

8 submitted to the National Institute of Justice,

9 which detail the use of funds received by States

10 or units of local government under this Act;

11 and

12 ‘‘(C) to support future capacity building

13 efforts; and

14 ‘‘(3) in the form of additional grants to non15 profit professional associations actively involved in

16 forensic science and nationally recognized within the

17 forensic science community to defray the costs of

18 training persons who conduct external audits of lab19 oratories operated by States and units of local gov20 ernment and which participate in the National DNA

21 Index System.

22 ‘‘(l) USE OF FUNDS FOR OTHER FORENSIC

23 SCIENCES.—The Attorney General may award a grant

24 under this section to a State or unit of local government

25 to alleviate a backlog of cases with respect to a forensic
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1 science other than DNA analysis if the State or unit of

2 local government—

3 ‘‘(1) certifies to the Attorney General that in

4 such State or unit—

5 ‘‘(A) all of the purposes set forth in sub6 section (a) have been met;

7 ‘‘(B) a significant backlog of casework is

8 not waiting for DNA analysis; and

9 ‘‘(C) there is no need for significant lab10 oratory equipment, supplies, or additional per11 sonnel for timely DNA processing of casework

12 or offender samples; and

13 ‘‘(2) demonstrates to the Attorney General that

14 such State or unit requires assistance in alleviating

15 a backlog of cases involving a forensic science other

16 than DNA analysis.

17 ‘‘(m) EXTERNAL AUDITS AND REMEDIAL EF18 FORTS.—In the event that a laboratory operated by a

19 State or unit of local government which has received funds

20 under this Act has undergone an external audit conducted

21 to determine whether the laboratory is in compliance with

22 standards established by the Director of the Federal Bu23 reau of Investigation, and, as a result of such audit, iden24 tifies measures to remedy deficiencies with respect to the

25 compliance by the laboratory with such standards, the
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1 State or unit of local government shall implement any

2 such remediation as soon as practicable.’’.

3 SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.

4 (a) INCLUSION OF ALL DNA SAMPLES FROM

5 STATES.—Section 210304 of the DNA Identification Act

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

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

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

9 ‘‘of—

10 ‘‘(A) persons convicted of crimes;

11 ‘‘(B) persons who have been charged in an

12 indictment or information with a crime; and

13 ‘‘(C) other persons whose DNA samples

14 are collected under applicable legal authorities,

15 provided that DNA profiles from arrestees who

16 have not been charged in an indictment or in17 formation with a crime, and DNA samples that

18 are voluntarily submitted solely for elimination

19 purposes shall not be included in the National

20 DNA Index System;’’; and

21 (2) in subsection (d)(2)—

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

23 and inserting ‘‘if—

24 ‘‘(i) the responsible agency’’;
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1 (B) by striking the period at the end and

2 inserting ‘‘; or’’; and

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

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

5 an offense on the basis of which that analysis

6 was or could have been included in the index,

7 and all charges for which the analysis was or

8 could have been included in the index have been

9 dismissed or resulted in acquittal.’’.

10 (b) FELONS CONVICTED OF FEDERAL CRIMES.—

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

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

13 as follows:

14 ‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of15 fenses that shall be treated for purposes of this section

16 as qualifying Federal offenses are the following offenses,

17 as determined by the Attorney General:

18 ‘‘(1) Any felony.

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

20 18, United States Code.

21 ‘‘(3) Any crime of violence (as that term is de22 fined in section 16 of title 18, United States Code).

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

24 of the offenses in paragraphs (1) through (3).’’.
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1 (c) MILITARY OFFENSES.—Section 1565(d) of title

2 10, United States Code, is amended to read as follows:

3 ‘‘(d) QUALIFYING MILITARY OFFENSES.—The of4 fenses that shall be treated for purposes of this section

5 as qualifying military offenses are the following offenses,

6 as determined by the Secretary of Defense, in consultation

7 with the Attorney General:

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

9 Military Justice for which a sentence of confinement

10 for more than one year may be imposed.

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

12 of Military Justice that is comparable to a qualifying

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

14 the DNA Analysis Backlog Elimination Act of 2000

15 (42 U.S.C. 14135a(d))).’’.

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

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

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

19 at the end the following new subsection:

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

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

22 that any person who is authorized to access the

23 index described in subsection (a) for purposes of in24 cluding information on DNA identification records

25 or DNA analyses in that index may also access that
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1 index for purposes of carrying out a one-time key2 board search on information obtained from any

3 DNA sample lawfully collected for a criminal justice

4 purpose except for a DNA sample voluntarily sub5 mitted solely for elimination purposes.

6 ‘‘(2) DEFINITION.—For purposes of paragraph

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

8 under which information obtained from a DNA sam9 ple is compared with information in the index with10 out resulting in the information obtained from a

11 DNA sample being included in the index.

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

13 not be construed to preempt State law.

14 (e) INCREASED PENALTIES FOR MISUSE OF DNA

15 ANALYSES.—(1) Section 210305(c)(2) of the DNA Identi16 fication Act of 1994 (42 U.S.C. 14133(c)(2)) is amended

17 by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or im18 prisoned for a period of not more than one year, or both’’.

19 (2) Section 10(c) of the DNA Analysis Backlog

20 Elimination Act of 2000 (42 U.S.C. 14135e(c)) is amend21 ed by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or

22 imprisoned for a period of not more than one year, or

23 both’’.

24 (f) REPORT TO CONGRESS.—If the Department of

25 Justice plans to modify or supplement the core genetic
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1 markers needed for compatibility with the CODIS system,

2 it shall notify the Judiciary Committee of the Senate and

3 the Judiciary Committee of the House of Representatives

4 in writing not later than 180 days before any change is

5 made and explain the reasons for such change.

6 SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.

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

8 States Code, is amended by adding at the end the fol9 lowing:

10 ‘‘§ 3297. Cases involving DNA evidence

11 ‘‘In a case in which DNA testing implicates an identi12 fied person in the commission of a felony, except for a

13 felony offense under chapter 109A, no statute of limita14 tions that would otherwise preclude prosecution of the of15 fense shall preclude such prosecution until a period of time

16 following the implication of the person by DNA testing

17 has elapsed that is equal to the otherwise applicable limi18 tation period.’’.

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

20 for chapter 213 of title 18, United States Code, is amend21 ed by adding at the end the following:

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

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

23 section shall apply to the prosecution of any offense com24 mitted before, on, or after the date of the enactment of
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1 this section if the applicable limitation period has not yet

2 expired.

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

4 Section 1201 of the Violence Against Women Act of

5 2000 (42 U.S.C. 3796gg–6) is amended—

6 (1) in subsection (a), by inserting ‘‘dating vio7 lence,’’ after ‘‘domestic violence,’’;

8 (2) in subsection (b)—

9 (A) by redesignating paragraphs (1)

10 through (3) as paragraphs (2) through (4), re11 spectively;

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

13 redesignated by subparagraph (A), the fol14 lowing:

15 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio16 lence’ means violence committed by a person who is

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

18 intimate nature with the victim. The existence of

19 such a relationship shall be determined based on a

20 consideration of—

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

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

23 ‘‘(C) the frequency of interaction between

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

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

4 (3) in subsection (c)—

5 (A) in paragraph (1)—

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

7 after ‘‘between domestic violence’’; and

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

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

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

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

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

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

14 (4) in subsection (d)—

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

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

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

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

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

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

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

3 SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN

4 ELIMINATING DNA BACKLOG.

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

7 to read as follows:

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

9 CERTAIN PURPOSES.—

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

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

13 voucher or contract for laboratory services, even

14 if the laboratory makes a reasonable profit for

15 the services.

16 ‘‘(B) REDEMPTION.—A voucher or con17 tract under subparagraph (A) may be redeemed

18 at a laboratory operated on a nonprofit or for19 profit basis, by a private entity that satisfies

20 quality assurance standards and has been ap21 proved by the Attorney General.

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

23 may use amounts authorized under subsection

24 (j) to make payments to a laboratory described

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

2 ASSAULT JUSTICE ACT OF 2004

3 SEC. 301. SHORT TITLE.

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

5 Justice Act of 2004’’.

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

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

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

10 follows:

11 ‘‘(2) prepared by laboratories that—

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

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

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

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

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

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

3 AND COURT OFFICERS.

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

5 grants to provide training, technical assistance, education,

6 and information relating to the identification, collection,

7 preservation, analysis, and use of DNA samples and DNA

8 evidence by—

9 (1) law enforcement personnel, including police

10 officers and other first responders, evidence techni11 cians, investigators, and others who collect or exam12 ine evidence of crime;

13 (2) court officers, including State and local

14 prosecutors, defense lawyers, and judges;

15 (3) forensic science professionals; and

16 (4) corrections personnel, including prison and

17 jail personnel, and probation, parole, and other offi18 cers involved in supervision.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There

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

21 of fiscal years 2005 through 2009 to carry out this sec22 tion.

23 SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM

24 GRANTS.

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

26 grants to eligible entities to provide training, technical as-
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1 sistance, education, equipment, and information relating

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

3 use of DNA samples and DNA evidence by medical per4 sonnel and other personnel, including doctors, medical ex5 aminers, coroners, nurses, victim service providers, and

6 other professionals involved in treating victims of sexual

7 assault and sexual assault examination programs, includ8 ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex9 ual Assault Forensic Examiner), and SART (Sexual As10 sault Response Team).

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

12 the term ‘‘eligible entity’’ includes—

13 (1) States;

14 (2) units of local government; and

15 (3) sexual assault examination programs,

16 including—

17 (A) sexual assault nurse examiner (SANE)

18 programs;

19 (B) sexual assault forensic examiner

20 (SAFE) programs;

21 (C) sexual assault response team (SART)

22 programs;

23 (D) State sexual assault coalitions;
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1 (E) medical personnel, including doctors,

2 medical examiners, coroners, and nurses, in3 volved in treating victims of sexual assault; and

4 (F) victim service providers involved in

5 treating victims of sexual assault.

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There

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

8 of fiscal years 2005 through 2009 to carry out this sec9 tion.

10 SEC. 305. DNA RESEARCH AND DEVELOPMENT.

11 (a) IMPROVING DNA TECHNOLOGY.—The Attorney

12 General shall make grants for research and development

13 to improve forensic DNA technology, including increasing

14 the identification accuracy and efficiency of DNA analysis,

15 decreasing time and expense, and increasing portability.

16 (b) DEMONSTRATION PROJECTS.—The Attorney

17 General shall make grants to appropriate entities under

18 which research is carried out through demonstration

19 projects involving coordinated training and commitment of

20 resources to law enforcement agencies and key criminal

21 justice participants to demonstrate and evaluate the use

22 of forensic DNA technology in conjunction with other fo23 rensic tools. The demonstration projects shall include sci24 entific evaluation of the public safety benefits, improve-
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1 ments to law enforcement operations, and cost-effective2 ness of increased collection and use of DNA evidence.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

7 SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.

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

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

11 persons experienced in criminal justice issues, including

12 persons from the forensic science and criminal justice

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

15 (b) RESPONSIBILITIES.—The Commission shall—

16 (1) assess the present and future resource

17 needs of the forensic science community;

18 (2) make recommendations to the Attorney

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

21 the public;

22 (3) identify potential scientific advances that

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

2 General for programs that will increase the number

3 of qualified forensic scientists available to work in

4 public crime laboratories;

5 (5) disseminate, through the National Institute

6 of Justice, best practices concerning the collection

7 and analyses of forensic evidence to help ensure

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

10 the public;

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

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

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

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

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

21 (A) the appropriate use and dissemination

22 of DNA information;

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

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

4 (D) that any other necessary measures are

5 taken to protect privacy; and

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

8 of the objectives described in paragraphs (1) through

9 (8).

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

12 (1) designate the Chair of the Commission from

13 among its members;

14 (2) designate any necessary staff to assist in

15 carrying out the functions of the Commission; and

16 (3) establish procedures and guidelines for the

17 operations of the Commission.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

21 SEC. 307. FBI DNA PROGRAMS.

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to the Federal Bureau

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

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

5 pursuant to subsection (a) for—

6 (1) nuclear DNA analysis;

7 (2) mitochondrial DNA analysis;

8 (3) regional mitochondrial DNA laboratories;

9 (4) the Combined DNA Index System;

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

12 (6) DNA research and development.

13 SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

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

15 grants to promote the use of forensic DNA technology to

16 identify missing persons and unidentified human remains.

17 (b) REQUIREMENT.—Each State or unit of local gov18 ernment that receives funding under this section shall be

19 required to submit the DNA profiles of such missing per20 sons and unidentified human remains to the National

21 Missing Persons DNA Database of the Federal Bureau

22 of Investigation.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

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

6 read as follows:

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

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

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

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

11 result, shall be fined not more than $250,000, or impris12 oned for a period of not more than one year. Each instance

13 of disclosure, obtaining, or use shall constitute a separate

14 offense under this subsection.’’.

15 SEC. 310. TRIBAL COALITION GRANTS.

16 (a) IN GENERAL.—Section 2001 of title I of the Om17 nibus Crime Control and Safe Streets Act of 1968 (42

18 U.S.C. 3796gg) is amended by adding at the end the fol19 lowing:

20 ‘‘(d) TRIBAL COALITION GRANTS.—

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

22 award grants to tribal domestic violence and sexual

23 assault coalitions for purposes of—

24 ‘‘(A) increasing awareness of domestic vio25 lence and sexual assault against American In26 dian and Alaska Native women;
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1 ‘‘(B) enhancing the response to violence

2 against American Indian and Alaska Native

3 women at the tribal, Federal, and State levels;

4 and

5 ‘‘(C) identifying and providing technical

6 assistance to coalition membership and tribal

7 communities to enhance access to essential serv8 ices to American Indian women victimized by

9 domestic and sexual violence.

10 ‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At11 torney General shall award grants under paragraph

12 (1) to—

13 ‘‘(A) established nonprofit, nongovern14 mental tribal coalitions addressing domestic vio15 lence and sexual assault against American In16 dian and Alaska Native women; and

17 ‘‘(B) individuals or organizations that pro18 pose to incorporate as nonprofit, nongovern19 mental tribal coalitions to address domestic vio20 lence and sexual assault against American In21 dian and Alaska Native women.

22 ‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Re23 ceipt of an award under this subsection by tribal do24 mestic violence and sexual assault coalitions shall

25 not preclude the coalition from receiving additional
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1 grants under this title to carry out the purposes de2 scribed in subsection (b).’’.

3 (b) TECHNICAL AMENDMENT.—Effective as of No4 vember 2, 2002, and as if included therein as enacted,

5 Public Law 107–273 (116 Stat. 1789) is amended in sec6 tion 402(2) by striking ‘‘sections 2006 through 2011’’ and

7 inserting ‘‘sections 2007 through 2011’’.

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

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

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

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

12 (42 U.S.C. 3796gg–1(b)(4)) to read as follows:

‘‘(4) 1 13 ⁄54 shall be available for grants under sec14 tion 2001(d);’’.

15 SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC

16 SCIENCES IMPROVEMENT GRANT PROGRAM.

17 (a) FORENSIC BACKLOG ELIMINATION GRANTS.—

18 Section 2804 of the Omnibus Crime Control and Safe

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

20 (1) in subsection (a)—

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

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

23 do any one or more of the following:

24 ‘‘(1) To carry out’’; and

25 (B) by adding at the end the following:
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1 ‘‘(2) To eliminate a backlog in the analysis of

2 forensic science evidence, including firearms exam3 ination, latent prints, toxicology, controlled sub4 stances, forensic pathology, questionable documents,

5 and trace evidence.

6 ‘‘(3) To train, assist, and employ forensic lab7 oratory personnel, as needed, to eliminate such a

8 backlog.’’;

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

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

11 subsection (a)(1)’’; and

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

13 ‘‘(e) BACKLOG DEFINED.—For purposes of this sec14 tion, a backlog in the analysis of forensic science evidence

15 exists if such evidence—

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

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

18 storage facility, or medical facility; and

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

20 forensic testing because of a lack of resources or

21 personnel.’’.

22 (b) EXTERNAL AUDITS.—Section 2802 of the Omni23 bus Crime Control and Safe Streets Act of 1968 (42

24 U.S.C. 3797k) is amended—
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1 (1) in paragraph (2), by striking ‘‘and’’ at the

2 end;

3 (2) in paragraph (3), by striking the period at

4 the end and inserting ‘‘; and’’; and

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

6 ‘‘(4) a certification that a government entity ex7 ists and an appropriate process is in place to con8 duct independent external investigations into allega9 tions of serious negligence or misconduct substan10 tially affecting the integrity of the forensic results

11 committed by employees or contractors of any foren12 sic laboratory system, medical examiner’s office,

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

14 medical facility in the State that will receive a por15 tion of the grant amount.’’.

16 (c) THREE-YEAR EXTENSION OF AUTHORIZATION OF

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

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

19 3793(a)(24)) is amended—

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

21 the end;

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

23 at the end and inserting a semicolon; and

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

25 ‘‘(G) $20,000,000 for fiscal year 2007;
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1 ‘‘(H) $20,000,000 for fiscal year 2008; and

2 ‘‘(I) $20,000,000 for fiscal year 2009.’’.

3 (d) TECHNICAL AMENDMENT.—Section 1001(a) of

4 such Act, as amended by subsection (c), is further amend5 ed by realigning paragraphs (24) and (25) so as to be

6 flush with the left margin.

7 SEC. 312. REPORT TO CONGRESS.

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

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

10 submit to Congress a report on the implementation of this

11 title and the amendments made by this title.

12 (b) CONTENTS.—The report submitted under sub13 section (a) shall include a description of—

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

15 local entities in—

16 (A) collecting and entering DNA samples

17 from offenders convicted of qualifying offenses

18 for inclusion in the Combined DNA Index Sys19 tem (referred to in this subsection as

20 ‘‘CODIS’’);

21 (B) analyzing samples from crime scenes,

22 including evidence collected from sexual as23 saults and other serious violent crimes, and en24 tering such DNA analyses in CODIS; and
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1 (C) increasing the capacity of forensic lab2 oratories to conduct DNA analyses;

3 (2) the priorities and plan for awarding grants

4 among eligible States and units of local government

5 to ensure that the purposes of this title are carried

6 out;

7 (3) the distribution of grant amounts under this

8 title among eligible States and local governments,

9 and whether the distribution of such funds has

10 served the purposes of the Debbie Smith DNA

11 Backlog Grant Program;

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

13 by eligible entities for DNA training and education

14 programs for law enforcement, correctional per15 sonnel, court officers, medical personnel, victim serv16 ice providers, and other personnel authorized under

17 sections 303 and 304;

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

19 by eligible entities to conduct DNA research and de20 velopment programs to improve forensic DNA tech21 nology, and implement demonstration projects under

22 section 305;

23 (6) the steps taken to establish the National

24 Forensic Science Commission, and the activities of

25 the Commission under section 306;
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1 (7) the use of funds by the Federal Bureau of

2 Investigation under section 307;

3 (8) grants awarded and the use of such grants

4 by eligible entities to promote the use of forensic

5 DNA technology to identify missing persons and un6 identified human remains under section 308;

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

8 by eligible entities to eliminate forensic science

9 backlogs under the amendments made by section

10 202;

11 (10) State compliance with the requirements set

12 forth in section 313; and

13 (11) any other matters considered relevant by

14 the Attorney General.

15 TITLE IV—INNOCENCE

16 PROTECTION ACT OF 2004

17 SEC. 401. SHORT TITLE.

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

19 Act of 2004’’.

20 Subtitle A—Exonerating the

21 Innocent Through DNA Testing

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

23 (a) FEDERAL CRIMINAL PROCEDURE.—
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1 (1) IN GENERAL.—Part II of title 18, United

2 States Code, is amended by inserting after chapter

3 228 the following:

4 ‘‘CHAPTER 228A—POST-CONVICTION DNA

5 TESTING

‘‘Sec.

‘‘3600. DNA testing.

‘‘3600A. Preservation of biological evidence.

6 ‘‘§ 3600. DNA testing

7 ‘‘(a) IN GENERAL.—Upon a written motion by an in8 dividual under a sentence of imprisonment or death pursu9 ant to a conviction for a Federal offense (referred to in

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

11 judgment of conviction shall order DNA testing of specific

12 evidence if the court finds that all of the following apply:

13 ‘‘(1) The applicant asserts, under penalty of

14 perjury, that the applicant is actually innocent of—

15 ‘‘(A) the Federal offense for which the ap16 plicant is under a sentence of imprisonment or

17 death; or

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

19 ‘‘(i) evidence of such offense was ad20 mitted during a Federal death sentencing

21 hearing and exoneration of such offense

22 would entitle the applicant to a reduced

23 sentence or new sentencing hearing; and

24 ‘‘(ii) in the case of a State offense—
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1 ‘‘(I) the applicant demonstrates

2 that there is no adequate remedy

3 under State law to permit DNA test4 ing of the specified evidence relating

5 to the State offense; and

6 ‘‘(II) to the extent available, the

7 applicant has exhausted all remedies

8 available under State law for request9 ing DNA testing of specified evidence

10 relating to the State offense.

11 ‘‘(2) The specific evidence to be tested was se12 cured in relation to the investigation or prosecution

13 of the Federal or State offense referenced in the ap14 plicant’s assertion under paragraph (1).

15 ‘‘(3) The specific evidence to be tested—

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

17 testing and the applicant did not—

18 ‘‘(i) knowingly and voluntarily waive

19 the right to request DNA testing of that

20 evidence in a court proceeding after the

21 date of enactment of the Innocence Protec22 tion Act of 2004; or

23 ‘‘(ii) knowingly fail to request DNA

24 testing of that evidence in a prior motion

25 for postconviction DNA testing; or
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•HR 5107 EH

1 ‘‘(B) was previously subjected to DNA

2 testing and the applicant is requesting DNA

3 testing using a new method or technology that

4 is substantially more probative than the prior

5 DNA testing.

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

7 possession of the Government and has been subject

8 to a chain of custody and retained under conditions

9 sufficient to ensure that such evidence has not been

10 substituted, contaminated, tampered with, replaced,

11 or altered in any respect material to the proposed

12 DNA testing.

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

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

16 ‘‘(6) The applicant identifies a theory of de17 fense that—

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

19 defense presented at trial; and

20 ‘‘(B) would establish the actual innocence

21 of the applicant of the Federal or State offense

22 referenced in the applicant’s assertion under

23 paragraph (1).
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•HR 5107 EH

1 ‘‘(7) If the applicant was convicted following a

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

3 the trial.

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

5 evidence may produce new material evidence that

6 would—

7 ‘‘(A) support the theory of defense ref8 erenced in paragraph (6); and

9 ‘‘(B) raise a reasonable probability that

10 the applicant did not commit the offense.

11 ‘‘(9) The applicant certifies that the applicant

12 will provide a DNA sample for purposes of compari13 son.

14 ‘‘(10) The motion is made in a timely fashion,

15 subject to the following conditions:

16 ‘‘(A) There shall be a rebuttable presump17 tion of timeliness if the motion is made within

18 60 months of enactment of the Justice For All

19 Act of 2004 or within 36 months of conviction,

20 whichever comes later. Such presumption may

21 be rebutted upon a showing—

22 ‘‘(i) that the applicant’s motion for a

23 DNA test is based solely upon information

24 used in a previously denied motion; or
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1 ‘‘(ii) of clear and convincing evidence

2 that applicant’s filing is done solely to

3 cause delay or harass.

4 ‘‘(B) There shall be a rebuttable presump5 tion against timeliness for any motion not satis6 fying subparagraph (A) above. Such presump7 tion may be rebutted upon the court’s finding—

8 ‘‘(i) that the applicant was or is in9 competent and such incompetence substan10 tially contributed to the delay in the appli11 cant’s motion for a DNA test;

12 ‘‘(ii) the evidence to be tested is newly

13 discovered DNA evidence;

14 ‘‘(iii) that applicant’s motion is not

15 based solely upon the applicant’s own as16 sertion of innocence and, after considering

17 all relevant facts and circumstances sur18 rounding the motion, a denial would result

19 in a manifest injustice; or

20 ‘‘(iv) upon good cause shown.

21 ‘‘(C) For purposes of this paragraph—

22 ‘‘(i) the term ‘incompetence’ has the

23 meaning as defined in section 4241 of title

24 18, United States Code;
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•HR 5107 EH

1 ‘‘(ii) the term ‘manifest’ means that

2 which is unmistakable, clear, plain, or in3 disputable and requires that the opposite

4 conclusion be clearly evident.

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

6 ORDER; APPOINTMENT OF COUNSEL.—

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

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

9 ‘‘(A) notify the Government; and

10 ‘‘(B) allow the Government a reasonable

11 time period to respond to the motion.

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

13 necessary to carry out proceedings under this sec14 tion, the court shall direct the Government to pre15 serve the specific evidence relating to a motion under

16 subsection (a).

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

18 may appoint counsel for an indigent applicant under

19 this section in the same manner as in a proceeding

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

21 ‘‘(c) TESTING PROCEDURES.—

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

23 any DNA testing ordered under this section be car24 ried out by the Federal Bureau of Investigation.
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1 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

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

3 qualified laboratory if the court makes all necessary

4 orders to ensure the integrity of the specific evidence

5 and the reliability of the testing process and test re6 sults.

7 ‘‘(3) COSTS.—The costs of any DNA testing or8 dered under this section shall be paid—

9 ‘‘(A) by the applicant; or

10 ‘‘(B) in the case of an applicant who is in11 digent, by the Government.

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

13 case in which the applicant is sentenced to death—

14 ‘‘(1) any DNA testing ordered under this sec15 tion shall be completed not later than 60 days after

16 the date on which the Government responds to the

17 motion filed under subsection (a); and

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

19 which the DNA testing ordered under this section is

20 completed, the court shall order any post-testing

21 procedures under subsection (f) or (g), as appro22 priate.

23 ‘‘(e) REPORTING OF TEST RESULTS.—

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

25 testing ordered under this section shall be simulta-
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1 neously disclosed to the court, the applicant, and the

2 Government.

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

4 test results relating to the DNA of the applicant to

5 the National DNA Index System (referred to in this

6 subsection as ‘NDIS’).

7 ‘‘(3) RETENTION OF DNA SAMPLE.—

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

9 results obtained under this section are inconclu10 sive or show that the applicant was the source

11 of the DNA evidence, the DNA sample of the

12 applicant may be retained in NDIS.

13 ‘‘(B) MATCH WITH OTHER OFFENSE.—If

14 the DNA test results obtained under this sec15 tion exclude the applicant as the source of the

16 DNA evidence, and a comparison of the DNA

17 sample of the applicant results in a match be18 tween the DNA sample of the applicant and an19 other offense, the Attorney General shall notify

20 the appropriate agency and preserve the DNA

21 sample of the applicant.

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

23 obtained under this section exclude the appli24 cant as the source of the DNA evidence, and a

25 comparison of the DNA sample of the applicant
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•HR 5107 EH

1 does not result in a match between the DNA

2 sample of the applicant and another offense,

3 the Attorney General shall destroy the DNA

4 sample of the applicant and ensure that such

5 information is not retained in NDIS if there is

6 no other legal authority to retain the DNA

7 sample of the applicant in NDIS.

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

9 AND INCULPATORY RESULTS.—

10 ‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re11 sults obtained under this section are inconclusive,

12 the court may order further testing, if appropriate,

13 or may deny the applicant relief.

14 ‘‘(2) INCULPATORY RESULTS.—If DNA test re15 sults obtained under this section show that the ap16 plicant was the source of the DNA evidence, the

17 court shall—

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

19 ‘‘(B) on motion of the Government—

20 ‘‘(i) make a determination whether

21 the applicant’s assertion of actual inno22 cence was false, and, if the court makes

23 such a finding, the court may hold the ap24 plicant in contempt;
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•HR 5107 EH

1 ‘‘(ii) assess against the applicant the

2 cost of any DNA testing carried out under

3 this section;

4 ‘‘(iii) forward the finding to the Direc5 tor of the Bureau of Prisons, who, upon

6 receipt of such a finding, may deny, wholly

7 or in part, the good conduct credit author8 ized under section 3632 on the basis of

9 that finding;

10 ‘‘(iv) if the applicant is subject to the

11 jurisdiction of the United States Parole

12 Commission, forward the finding to the

13 Commission so that the Commission may

14 deny parole on the basis of that finding;

15 and

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

17 a State offense, forward the finding to any

18 appropriate State official.

19 ‘‘(3) SENTENCE.—In any prosecution of an ap20 plicant under chapter 79 for false assertions or other

21 conduct in proceedings under this section, the court,

22 upon conviction of the applicant, shall sentence the

23 applicant to a term of imprisonment of not less than

24 3 years, which shall run consecutively to any other

25 term of imprisonment the applicant is serving.
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1 ‘‘(g) POST-TESTING PROCEDURES; MOTION FOR

2 NEW TRIAL OR RESENTENCING.—

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

4 that would bar a motion under this paragraph as

5 untimely, if DNA test results obtained under this

6 section exclude the applicant as the source of the

7 DNA evidence, the applicant may file a motion for

8 a new trial or resentencing, as appropriate. The

9 court shall establish a reasonable schedule for the

10 applicant to file such a motion and for the Govern11 ment to respond to the motion.

12 ‘‘(2) STANDARD FOR GRANTING MOTION FOR

13 NEW TRIAL OR RESENTENCING.—The court shall

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

15 resentencing, as appropriate, if the DNA test re16 sults, when considered with all other evidence in the

17 case (regardless of whether such evidence was intro18 duced at trial), establish by compelling evidence that

19 a new trial would result in an acquittal of—

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

21 trial, the Federal offense for which the appli22 cant is under a sentence of imprisonment or

23 death; and

24 ‘‘(B) in the case of a motion for resen25 tencing, another Federal or State offense, if evi-
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1 dence of such offense was admitted during a

2 Federal death sentencing hearing and exonera3 tion of such offense would entitle the applicant

4 to a reduced sentence or a new sentencing pro5 ceeding.

6 ‘‘(h) OTHER LAWS UNAFFECTED.—

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

8 this section shall affect the circumstances under

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

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

12 shall provide a basis for relief in any Federal habeas

13 corpus proceeding.

14 ‘‘(3) NOT A MOTION UNDER SECTION 2255.—A

15 motion under this section shall not be considered to

16 be a motion under section 2255 for purposes of de17 termining whether the motion or any other motion

18 is a second or successive motion under section 2255.

19 ‘‘§ 3600A. Preservation of biological evidence

20 ‘‘(a) IN GENERAL.—Notwithstanding any other pro21 vision of law, the Government shall preserve biological evi22 dence that was secured in the investigation or prosecution

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

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

2 the term ‘biological evidence’ means—

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

4 or

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

6 other identified biological material.

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

8 if—

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

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

13 ‘‘(2) the defendant knowingly and voluntarily

14 waived the right to request DNA testing of the bio15 logical evidence in a court proceeding conducted

16 after the date of enactment of the Innocence Protec17 tion Act of 2004;

18 ‘‘(3) after a conviction becomes final and the

19 defendant has exhausted all opportunities for direct

20 review of the conviction, the defendant is notified

21 that the biological evidence may be destroyed and

22 the defendant does not file a motion under section

23 3600 within 180 days of receipt of the notice;
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1 ‘‘(4)(A) the evidence must be returned to its

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

3 character as to render retention impracticable; and

4 ‘‘(B) the Government takes reasonable meas5 ures to remove and preserve portions of the material

6 evidence sufficient to permit future DNA testing; or

7 ‘‘(5) the biological evidence has already been

8 subjected to DNA testing under section 3600 and

9 the results included the defendant as the source of

10 such evidence.

11 ‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth12 ing in this section shall preempt or supersede any statute,

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

14 require evidence, including biological evidence, to be pre15 served.

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

17 the date of enactment of the Innocence Protection Act of

18 2004, the Attorney General shall promulgate regulations

19 to implement and enforce this section, including appro20 priate disciplinary sanctions to ensure that employees

21 comply with such regulations.

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

23 intentionally destroys, alters, or tampers with biological

24 evidence that is required to be preserved under this section

25 with the intent to prevent that evidence from being sub-
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1 jected to DNA testing or prevent the production or use

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

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

4 or both.

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

6 provide a basis for relief in any Federal habeas corpus

7 proceeding.’’.

8 (2) CLERICAL AMENDMENT.—The chapter anal9 ysis for part II of title 18, United States Code, is

10 amended by inserting after the item relating to

11 chapter 228 the following:

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

12 (b) SYSTEM FOR REPORTING MOTIONS.—

13 (1) ESTABLISHMENT.—The Attorney General

14 shall establish a system for reporting and tracking

15 motions filed in accordance with section 3600 of title

16 18, United States Code.

17 (2) OPERATION.—In operating the system es18 tablished under paragraph (1), the Federal courts

19 shall provide to the Attorney General any requested

20 assistance in operating such a system and in ensur21 ing the accuracy and completeness of information in22 cluded in that system.

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

24 date of enactment of this Act, the Attorney General

25 shall submit a report to Congress that contains—
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1 (A) a list of motions filed under section

2 3600 of title 18, United States Code, as added

3 by this title;

4 (B) whether DNA testing was ordered pur5 suant to such a motion;

6 (C) whether the applicant obtained relief

7 on the basis of DNA test results; and

8 (D) whether further proceedings occurred

9 following a granting of relief and the outcome

10 of such proceedings.

11 (4) ADDITIONAL INFORMATION.—The report re12 quired to be submitted under paragraph (3) may in13 clude any other information the Attorney General

14 determines to be relevant in assessing the operation,

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

16 States Code, as added by this title, and any rec17 ommendations the Attorney General may have relat18 ing to future legislative action concerning that sec19 tion.

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

21 and the amendments made by this section shall take effect

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

23 respect to any offense committed, and to any judgment

24 of conviction entered, before, on, or after that date of en25 actment.
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1 SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA

2 TESTING GRANT PROGRAM.

3 (a) IN GENERAL.—The Attorney General shall estab4 lish the Kirk Bloodsworth Post-Conviction DNA Testing

5 Grant Program to award grants to States to help defray

6 the costs of post-conviction DNA testing.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There

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

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

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

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

12 District of Columbia, the Commonwealth of Puerto Rico,

13 the United States Virgin Islands, American Samoa,

14 Guam, and the Northern Mariana Islands.

15 SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CON16 SIDERATION OF CLAIMS OF ACTUAL INNO17 CENCE.

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

19 appropriated to carry out sections 303, 305, 308, and 412

20 shall be reserved for grants to eligible entities that—

21 (1) meet the requirements under section 303,

22 305, 308, or 412, as appropriate; and

23 (2) demonstrate that the State in which the eli24 gible entity operates—

25 (A) provides post-conviction DNA testing

26 of specified evidence—
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1 (i) under a State statute enacted be2 fore the date of enactment of this Act (or

3 extended or renewed after such date), to

4 persons convicted after trial and under a

5 sentence of imprisonment or death for a

6 State felony offense, in a manner that en7 sures a reasonable process for resolving

8 claims of actual innocence; or

9 (ii) under a State statute enacted

10 after the date of enactment of this Act, or

11 under a State rule, regulation, or practice,

12 to persons under a sentence of imprison13 ment or death for a State felony offense,

14 in a manner comparable to section 3600(a)

15 of title 18, United States Code (provided

16 that the State statute, rule, regulation, or

17 practice may make post-conviction DNA

18 testing available in cases in which such

19 testing is not required by such section),

20 and if the results of such testing exclude

21 the applicant, permits the applicant to

22 apply for post-conviction relief, notwith23 standing any provision of law that would

24 otherwise bar such application as untimely;

25 and
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1 (B) preserves biological evidence secured in

2 relation to the investigation or prosecution of a

3 State offense—

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

5 local rule, regulation, or practice, enacted

6 or adopted before the date of enactment of

7 this Act (or extended or renewed after

8 such date), in a manner that ensures that

9 reasonable measures are taken by all juris10 dictions within the State to preserve such

11 evidence; or

12 (ii) under a State statute or a State

13 or local rule, regulation, or practice, en14 acted or adopted after the date of enact15 ment of this Act, in a manner comparable

16 to section 3600A of title 18, United States

17 Code, if—

18 (I) all jurisdictions within the

19 State comply with this requirement;

20 and

21 (II) such jurisdictions may pre22 serve such evidence for longer than

23 the period of time that such evidence

24 would be required to be preserved

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

2 of Representation in State Cap3 ital Cases

4 SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT

5 GRANTS.

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

7 grants to States for the purpose of improving the quality

8 of legal representation provided to indigent defendants in

9 State capital cases.

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

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

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

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

18 legal representation to—

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

21 (B) indigents who have been sentenced to

22 death and who seek appellate or collateral relief

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

2 death and who seek review in the Supreme

3 Court of the United States; and

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

6 (d) APPORTIONMENT OF FUNDS.—

7 (1) IN GENERAL.—Of the funds awarded under

8 subsection (a)—

9 (A) not less than 75 percent shall be used

10 to carry out the purpose described in subsection

11 (c)(1)(A); and

12 (B) not more than 25 percent shall be

13 used to carry out the purpose described in sub14 section (c)(1)(B).

15 (2) WAIVER.—The Attorney General may waive

16 the requirement under this subsection for good cause

17 shown.

18 (e) EFFECTIVE SYSTEM.—As used in subsection

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

20 representation is a system that—

21 (1) invests the responsibility for appointing

22 qualified attorneys to represent indigents in capital

23 cases—

24 (A) in a public defender program that re25 lies on staff attorneys, members of the private
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1 bar, or both, to provide representation in cap2 ital cases;

3 (B) in an entity established by statute or

4 by the highest State court with jurisdiction in

5 criminal cases, which is composed of individuals

6 with demonstrated knowledge and expertise in

7 capital representation; or

8 (C) pursuant to a statutory procedure en9 acted before the date of the enactment of this

10 Act under which the trial judge is required to

11 appoint qualified attorneys from a roster main12 tained by a State or regional selection com13 mittee or similar entity; and

14 (2) requires the program described in para15 graph (1)(A), the entity described in paragraph

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

17 to the statutory procedure described in paragraph

18 (1)(C), as applicable, to—

19 (A) establish qualifications for attorneys

20 who may be appointed to represent indigents in

21 capital cases;

22 (B) establish and maintain a roster of

23 qualified attorneys;

24 (C) except in the case of a selection com25 mittee or similar entity described in paragraph
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1 (1)(C), assign 2 attorneys from the roster to

2 represent an indigent in a capital case, or pro3 vide the trial judge a list of not more than 2

4 pairs of attorneys from the roster, from which

5 1 pair shall be assigned, provided that, in any

6 case in which the State elects not to seek the

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

8 requirement of State law, that a second attor9 ney need not remain assigned to represent the

10 indigent to ensure competent representation;

11 (D) conduct, sponsor, or approve special12 ized training programs for attorneys rep13 resenting defendants in capital cases;

14 (E)(i) monitor the performance of attor15 neys who are appointed and their attendance at

16 training programs; and

17 ‘‘(ii) remove from the roster attorneys

18 who—

19 ‘‘(I) fail to deliver effective represen20 tation or engage in unethical conduct;

21 ‘‘(II) fail to comply with such require22 ments as such program, entity, or selection

23 committee or similar entity may establish

24 regarding participation in training pro25 grams; or
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1 ‘‘(III) during the past 5 years, have

2 been sanctioned by a bar association or

3 court for ethical misconduct relating to the

4 attorney’s conduct as defense counsel in a

5 criminal case in Federal or State court;

6 and

7 (F) ensure funding for the cost of com8 petent legal representation by the defense team

9 and outside experts selected by counsel, who

10 shall be compensated—

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

12 a statutory procedure described in para13 graph (1)(C), in accordance with the re14 quirements of that statutory procedure;

15 and

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

17 (I) Attorneys employed by a pub18 lic defender program shall be com19 pensated according to a salary scale

20 that is commensurate with the salary

21 scale of the prosecutor’s office in the

22 jurisdiction.

23 (II) Appointed attorneys shall be

24 compensated for actual time and serv25 ice, computed on an hourly basis and
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1 at a reasonable hourly rate in light of

2 the qualifications and experience of

3 the attorney and the local market for

4 legal representation in cases reflecting

5 the complexity and responsibility of

6 capital cases.

7 (III) Non-attorney members of

8 the defense team, including investiga9 tors, mitigation specialists, and ex10 perts, shall be compensated at a rate

11 that reflects the specialized skills

12 needed by those who assist counsel

13 with the litigation of death penalty

14 cases.

15 (IV) Attorney and non-attorney

16 members of the defense team shall be

17 reimbursed for reasonable incidental

18 expenses.

19 SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

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

21 grants to States for the purpose of enhancing the ability

22 of prosecutors to effectively represent the public in State

23 capital cases.

24 (b) USE OF FUNDS.—
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1 (1) PERMITTED USES.—Grants awarded under

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

3 following:

4 (A) To design and implement training pro5 grams for State and local prosecutors to ensure

6 effective representation in State capital cases.

7 (B) To develop and implement appropriate

8 standards and qualifications for State and local

9 prosecutors who litigate State capital cases.

10 (C) To assess the performance of State

11 and local prosecutors who litigate State capital

12 cases, provided that such assessment shall not

13 include participation by the assessor in the trial

14 of any specific capital case.

15 (D) To identify and implement any poten16 tial legal reforms that may be appropriate to

17 minimize the potential for error in the trial of

18 capital cases.

19 (E) To establish a program under which

20 State and local prosecutors conduct a system21 atic review of cases in which a death sentence

22 was imposed in order to identify cases in which

23 post-conviction DNA testing may be appro24 priate.
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1 (F) To provide support and assistance to

2 the families of murder victims.

3 (2) PROHIBITED USE.—Grants awarded under

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

5 indirectly, the prosecution of specific capital cases.

6 SEC. 423. APPLICATIONS.

7 (a) IN GENERAL.—The Attorney General shall estab8 lish a process through which a State may apply for a grant

9 under this subtitle.

10 (b) APPLICATION.—

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

12 under this subtitle shall submit an application to the

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

14 containing such information as the Attorney General

15 may reasonably require.

16 (2) CONTENTS.—Each application submitted

17 under paragraph (1) shall contain—

18 (A) a certification by an appropriate offi19 cer of the State that the State authorizes cap20 ital punishment under its laws and conducts, or

21 will conduct, prosecutions in which capital pun22 ishment is sought;

23 (B) a description of the communities to be

24 served by the grant, including the nature of ex-
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1 isting capital defender services and capital pros2 ecution programs within such communities;

3 (C) a long-term statewide strategy and de4 tailed implementation plan that—

5 (i) reflects consultation with the judi6 ciary, the organized bar, and State and

7 local prosecutor and defender organiza8 tions; and

9 (ii) establishes as a priority improve10 ment in the quality of trial-level represen11 tation of indigents charged with capital

12 crimes and trial-level prosecution of capital

13 crimes;

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

15 statutory procedure described in section

16 421(e)(1)(C), a certification by an appropriate

17 officer of the State that the State is in substan18 tial compliance with the requirements of the ap19 plicable State statute; and

20 (E) assurances that Federal funds received

21 under this subtitle shall be—

22 (i) used to supplement and not sup23 plant non-Federal funds that would other24 wise be available for activities funded

25 under this subtitle; and
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1 (ii) allocated in accordance with sec2 tion 426(b).

3 SEC. 424. STATE REPORTS.

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

5 this subtitle shall submit an annual report to the Attorney

6 General that—

7 (1) identifies the activities carried out with such

8 funds; and

9 (2) explains how each activity complies with the

10 terms and conditions of the grant.

11 (b) CAPITAL REPRESENTATION IMPROVEMENT

12 GRANTS.—With respect to the funds provided under sec13 tion 421, a report under subsection (a) shall include—

14 (1) an accounting of all amounts expended;

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

16 State—

17 (A) invests the responsibility for identi18 fying and appointing qualified attorneys to rep19 resent indigents in capital cases in a program

20 described in section 421(e)(1)(A), an entity de21 scribed in section 421(e)(1)(B), or a selection

22 committee or similar entity described in section

23 421(e)(1)(C); and

24 (B) requires such program, entity, or selec25 tion committee or similar entity, or other appro-
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1 priate entity designated pursuant to the statu2 tory procedure described in section

3 421(e)(1)(C), to—

4 (i) establish qualifications for attor5 neys who may be appointed to represent

6 indigents in capital cases in accordance

7 with section 421(e)(2)(A);

8 (ii) establish and maintain a roster of

9 qualified attorneys in accordance with sec10 tion 421(e)(2)(B);

11 (iii) assign attorneys from the roster

12 in accordance with section 421(e)(2)(C);

13 (iv) conduct, sponsor, or approve spe14 cialized training programs for attorneys

15 representing defendants in capital cases in

16 accordance with section 421(e)(2)(D);

17 (v) monitor the performance and

18 training program attendance of appointed

19 attorneys, and remove from the roster at20 torneys who fail to deliver effective rep21 resentation or fail to comply with such re22 quirements as such program, entity, or se23 lection committee or similar entity may es24 tablish regarding participation in training
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1 programs, in accordance with section

2 421(e)(2)(E); and

3 (vi) ensure funding for the cost of

4 competent legal representation by the de5 fense team and outside experts selected by

6 counsel, in accordance with section

7 421(e)(2)(F), including a statement setting

8 forth—

9 (I) if the State employs a public

10 defender program under section

11 421(e)(1)(A), the salaries received by

12 the attorneys employed by such pro13 gram and the salaries received by at14 torneys in the prosecutor’s office in

15 the jurisdiction;

16 (II) if the State employs ap17 pointed attorneys under section

18 421(e)(1)(B), the hourly fees received

19 by such attorneys for actual time and

20 service and the basis on which the

21 hourly rate was calculated;

22 (III) the amounts paid to non-at23 torney members of the defense team,

24 and the basis on which such amounts

25 were determined; and
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1 (IV) the amounts for which at2 torney and non-attorney members of

3 the defense team were reimbursed for

4 reasonable incidental expenses;

5 (3) in the case of a State that employs a statu6 tory procedure described in section 421(e)(1)(C), an

7 assessment of the extent to which the State is in

8 compliance with the requirements of the applicable

9 State statute; and

10 (4) a statement confirming that the funds have

11 not been used to fund representation in specific cap12 ital cases or to supplant non-Federal funds.

13 (c) CAPITAL PROSECUTION IMPROVEMENT

14 GRANTS.—With respect to the funds provided under sec15 tion 422, a report under subsection (a) shall include—

16 (1) an accounting of all amounts expended;

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

18 State has—

19 (A) designed and established training pro20 grams for State and local prosecutors to ensure

21 effective representation in State capital cases in

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

23 (B) developed and implemented appro24 priate standards and qualifications for State
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1 and local prosecutors who litigate State capital

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

3 (C) assessed the performance of State and

4 local prosecutors who litigate State capital cases

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

6 (D) identified and implemented any poten7 tial legal reforms that may be appropriate to

8 minimize the potential for error in the trial of

9 capital cases in accordance with section

10 422(b)(1)(D);

11 (E) established a program under which

12 State and local prosecutors conduct a system13 atic review of cases in which a death sentence

14 was imposed in order to identify cases in which

15 post-conviction DNA testing may be appro16 priate in accordance with section 422(b)(1)(E);

17 and

18 (F) provided support and assistance to the

19 families of murder victims; and

20 (3) a statement confirming that the funds have

21 not been used to fund the prosecution of specific

22 capital cases or to supplant non-Federal funds.

23 (d) PUBLIC DISCLOSURE OF ANNUAL STATE RE24 PORTS.—The annual reports to the Attorney General sub-
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1 mitted by any State under this section shall be made avail2 able to the public.

3 SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND AD4 MINISTRATIVE REMEDIES.

5 (a) EVALUATION BY INSPECTOR GENERAL.—

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

7 the end of the first fiscal year for which a State re8 ceives funds under a grant made under this subtitle,

9 the Inspector General of the Department of Justice

10 (in this section referred to as the ‘‘Inspector Gen11 eral’’) shall—

12 (A) submit to the Committee on the Judi13 ciary of the House of Representatives and the

14 Committee on the Judiciary of the Senate a re15 port evaluating the compliance by the State

16 with the terms and conditions of the grant; and

17 (B) if the Inspector General concludes that

18 the State is not in compliance with the terms

19 and conditions of the grant, specify any defi20 ciencies and make recommendations to the At21 torney General for corrective action.

22 (2) PRIORITY.—In conducting evaluations

23 under this subsection, the Inspector General shall

24 give priority to States that the Inspector General de25 termines, based on information submitted by the
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1 State and other comments provided by any other

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

3 (3) DETERMINATION FOR STATUTORY PROCE4 DURE STATES.—For each State that employs a stat5 utory procedure described in section 421(e)(1)(C),

6 the Inspector General shall submit to the Committee

7 on the Judiciary of the House of Representatives

8 and the Committee on the Judiciary of the Senate,

9 not later than the end of the first fiscal year for

10 which such State receives funds, a determination as

11 to whether the State is in substantial compliance

12 with the requirements of the applicable State stat13 ute.

14 (4) COMMENTS FROM PUBLIC.—The Inspector

15 General shall receive and consider comments from

16 any member of the public regarding any State’s

17 compliance with the terms and conditions of a grant

18 made under this subtitle. To facilitate the receipt of

19 such comments, the Inspector General shall main20 tain on its website a form that any member of the

21 public may submit, either electronically or otherwise,

22 providing comments. The Inspector General shall

23 give appropriate consideration to all such public

24 comments in reviewing reports submitted under sec-
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1 tion 424 or in establishing the priority for con2 ducting evaluations under this section.

3 (b) ADMINISTRATIVE REVIEW.—

4 (1) COMMENT.—Upon the submission of a re5 port under subsection (a)(1) or a determination

6 under subsection (a)(3), the Attorney General shall

7 provide the State with an opportunity to comment

8 regarding the findings and conclusions of the report

9 or the determination.

10 (2) CORRECTIVE ACTION PLAN.—If the Attor11 ney General, after reviewing a report under sub12 section (a)(1) or a determination under subsection

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

14 with the terms and conditions of the grant, the At15 torney General shall consult with the appropriate

16 State authorities to enter into a plan for corrective

17 action. If the State does not agree to a plan for cor18 rective action that has been approved by the Attor19 ney General within 90 days after the submission of

20 the report under subsection (a)(1) or the determina21 tion under subsection (a)(3), the Attorney General

22 shall, within 30 days, issue guidance to the State re23 garding corrective action to bring the State into

24 compliance.
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1 (3) REPORT TO CONGRESS.—Not later than 90

2 days after the earlier of the implementation of a cor3 rective action plan or the issuance of guidance under

4 paragraph (2), the Attorney General shall submit a

5 report to the Committee on the Judiciary of the

6 House of Representatives and the Committee on the

7 Judiciary of the Senate as to whether the State has

8 taken corrective action and is in compliance with the

9 terms and conditions of the grant.

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

11 fails to take the prescribed corrective action under sub12 section (b) and is not in compliance with the terms and

13 conditions of the grant, the Attorney General shall dis14 continue all further funding under sections 421 and 422

15 and require the State to return the funds granted under

16 such sections for that fiscal year. Nothing in this para17 graph shall prevent a State which has been subject to pen18 alties for noncompliance from reapplying for a grant under

19 this subtitle in another fiscal year.

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

21 the Inspector General shall periodically review the compli22 ance of each State with the terms and conditions of the

23 grant.

24 (e) ADMINISTRATIVE COSTS.—Not less than 2.5 per25 cent of the funds appropriated to carry out this subtitle
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1 for each of fiscal years 2005 through 2009 shall be made

2 available to the Inspector General for purposes of carrying

3 out this section. Such sums shall remain available until

4 expended.

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

6 STATES NOT IN SUBSTANTIAL COMPLIANCE WITH STAT7 UTORY PROCEDURES.—

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

9 employs a statutory procedure described in section

10 421(e)(1)(C), if the Inspector General submits a de11 termination under subsection (a)(3) that the State is

12 not in substantial compliance with the requirements

13 of the applicable State statute, then for the period

14 beginning with the date on which that determination

15 was submitted and ending on the date on which the

16 Inspector General determines that the State is in

17 substantial compliance with the requirements of that

18 statute, the funds awarded under this subtitle shall

19 be allocated solely for the uses described in section

20 421.

21 (2) RULE OF CONSTRUCTION.—The require22 ments of this subsection apply in addition to, and

23 not instead of, the other requirements of this sec24 tion.
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1 SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

2 (a) AUTHORIZATION FOR GRANTS.—There are au3 thorized to be appropriated $75,000,000 for each of fiscal

4 years 2005 through 2009 to carry out this subtitle.

5 (b) RESTRICTION ON USE OF FUNDS TO ENSURE

6 EQUAL ALLOCATION.—Each State receiving a grant

7 under this subtitle shall allocate the funds equally between

8 the uses described in section 421 and the uses described

9 in section 422, except as provided in section 425(f).

10 Subtitle C—Compensation for the

11 Wrongfully Convicted

12 SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES

13 FOR THE WRONGFULLY CONVICTED.

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

15 amended by striking ‘‘exceed the sum of $5,000’’ and in16 serting ‘‘exceed $100,000 for each 12-month period of in17 carceration for any plaintiff who was unjustly sentenced

18 to death and $50,000 for each 12-month period of incar19 ceration for any other plaintiff’’.

20 SEC. 432. SENSE OF CONGRESS REGARDING COMPENSA21 TION IN STATE DEATH PENALTY CASES.

22 It is the sense of Congress that States should provide

23 reasonable compensation to any person found to have been
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1 unjustly convicted of an offense against the State and sen2 tenced to death.

Passed the House of Representatives October 6,

2004.

Attest:

Clerk.