justice participants to demonstrate and evaluate the use
of forensic DNA technology in conjunction with other fo-
rensic tools. The demonstration projects shall include sci-
entific evaluation of the public safety benefits, improve-
ments to law enforcement operations, and cost-effective-
ness of increased collection and use of DNA evidence.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $15,000,000 for each
of fiscal years 2005 through 2009 to carry out this sec-
tion.
SEC. 206. NATIONAL FORENSIC SCIENCE COMMISSION.
(a) APPOINTMENT.—The Attorney General shall ap-
point a National Forensic Science Commission (in this
section referred to as the ‘‘Commission’’), composed of
persons experienced in criminal justice issues, including
persons from the forensic science and criminal justice
communities, to carry out the responsibilities under sub-
section (b).
(b) RESPONSIBILITIES.—The Commission shall—
(1) assess the present and future resource
needs of the forensic science community;
(2) make recommendations to the Attorney
General for maximizing the use of forensic tech-
nologies and techniques to solve crimes and protect
the public;
(3) identify potential scientific advances that
may assist law enforcement in using forensic tech-
nologies and techniques to protect the public;
(4) make recommendations to the Attorney
General for programs that will increase the number
of qualified forensic scientists available to work in
public crime laboratories;
(5) disseminate, through the National Institute
of Justice, best practices concerning the collection
and analyses of forensic evidence to help ensure
quality and consistency in the use of forensic tech-
nologies and techniques to solve crimes and protect
the public;
(6) examine additional issues pertaining to fo-
rensic science as requested by the Attorney General;
(7) examine Federal, State, and local privacy
protection statutes, regulations, and practices relat-
ing to access to, or use of, stored DNA samples or
DNA analyses, to determine whether such protec-
tions are sufficient;
(8) make specific recommendations to the At-
torney General, as necessary, to enhance the protec-
tions described in paragraph (7) to ensure—
(A) the appropriate use and dissemination
of DNA information;
(B) the accuracy, security, and confiden-
tiality of DNA information;
(C) the timely removal and destruction of
obsolete, expunged, or inaccurate DNA infor-
mation; and
(D) that any other necessary measures are
taken to protect privacy; and
(9) provide a forum for the exchange and dis-
semination of ideas and information in furtherance
of the objectives described in paragraphs (1) through
(8).
(c) PERSONNEL; PROCEDURES.—The Attorney Gen-
eral shall—
(1) designate the Chair of the Commission from
among its members;
(2) designate any necessary staff to assist in
carrying out the functions of the Commission; and
(3) establish procedures and guidelines for the
operations of the Commission.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $500,000 for each of
fiscal years 2005 through 2009 to carry out this section.
SEC. 207. FBI DNA PROGRAMS.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Federal Bureau
of Investigation $42,100,000 for each of fiscal years 2005
through 2009 to carry out the DNA programs and activi-
ties described under subsection (b).
(b) PROGRAMS AND ACTIVITIES.—The Federal Bu-
reau of Investigation may use any amounts appropriated
pursuant to subsection (a) for—
(1) nuclear DNA analysis;
(2) mitochondrial DNA analysis;
(3) regional mitochondrial DNA laboratories;
(4) the Combined DNA Index System;
(5) the Federal Convicted Offender DNA Pro-
gram; and
(6) DNA research and development.
SEC. 208. DNA IDENTIFICATION OF MISSING PERSONS.
(a) IN GENERAL.—The Attorney General shall make
grants to States and units of local government to promote
the use of forensic DNA technology to identify missing
persons and unidentified human remains.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 for each of
fiscal years 2005 through 2009 to carry out this section.
SEC. 209. ENHANCED CRIMINAL PENALTIES FOR UNAU-
THORIZED DISCLOSURE OR USE OF DNA IN-
FORMATION.
Section 10(c) of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135e(c)) is amended to
read as follows:
‘‘(c) CRIMINAL PENALTY.—A person who knowingly
discloses a sample or result described in subsection (a) in
any manner to any person not authorized to receive it,
or obtains or uses, without authorization, such sample or
result, shall be fined not more than $100,000. Each in-
stance of disclosure, obtaining, or use shall constitute a
separate offense under this subsection.’’.
SEC. 210. TRIBAL COALITION GRANTS.
(a) IN GENERAL.—Section 2001 of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg) is amended by adding at the end the fol-
lowing:
‘‘(d) TRIBAL COALITION GRANTS.—
‘‘(1) PURPOSE.—The Attorney General shall
award grants to tribal domestic violence and sexual
assault coalitions for purposes of—
‘‘(A) increasing awareness of domestic vio-
lence and sexual assault against Indian women;
‘‘(B) enhancing the response to violence
against Indian women at the tribal, Federal,
and State levels; and
‘‘(C) identifying and providing technical
assistance to coalition membership and tribal
communities to enhance access to essential serv-
ices to Indian women victimized by domestic
and sexual violence.
‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At-
torney General shall award grants under paragraph
(1) to—
‘‘(A) established nonprofit, nongovern-
mental tribal coalitions addressing domestic vio-
lence and sexual assault against Indian women;
and
‘‘(B) individuals or organizations that pro-
pose to incorporate as nonprofit, nongovern-
mental tribal coalitions to address domestic vio-
lence and sexual assault against Indian women.
‘‘(3) ELIGIBILITY
FOR
OTHER
GRANTS.—Re-
ceipt of an award under this subsection by tribal do-
mestic violence and sexual assault coalitions shall
not preclude the coalition from receiving additional
grants under this title to carry out the purposes de-
scribed in subsection (b).’’.
(b) TECHNICAL AMENDMENT.—Effective as of No-
vember 2, 2002, and as if included therein as enacted,
Public Law 107–273 (116 Stat. 1789) is amended in sec-
tion 402(2) by striking ‘‘sections 2006 through 2011’’ and
inserting ‘‘sections 2007 through 2011’’.
(c) AMOUNTS.—Section 2007 of the Omnibus Crime
Control and Safe Streets Act of 1968 (as redesignated by
section 402(2) of Public Law 107–273, as amended by
subsection (b)) is amended by amending subsection (b)(4)
(42 U.S.C. 3796gg–1(b)(4)) to read as follows:
‘‘(4) 1⁄54 shall be available for grants under sec-
tion 2001(d);’’.
SEC. 211. EXPANSION OF PAUL COVERDELL FORENSIC
SCIENCES IMPROVEMENT GRANT PROGRAM.
(a) FORENSIC BACKLOG ELIMINATION GRANTS.—
Section 2804 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797m) is amended—
(1) in subsection (a)—
(A) by striking ‘‘shall use the grant to
carry out’’ and inserting ‘‘shall use the grant to
do any one or more of the following:
‘‘(1) To carry out’’; and
(B) by adding at the end the following:
‘‘(2) To eliminate a backlog in the analysis of
forensic science evidence, including firearms exam-
ination, latent prints, toxicology, controlled sub-
stances, forensic pathology, questionable documents,
and trace evidence.
‘‘(3) To train, assist, and employ forensic lab-
oratory personnel, as needed, to eliminate such a
backlog.’’;
(2) in subsection (b), by striking ‘‘under this
part’’ and inserting ‘‘for the purpose set forth in
subsection (a)(1)’’; and
(3) by adding at the end the following:
‘‘(e) BACKLOG DEFINED.—For purposes of this sec-
tion, a backlog in the analysis of forensic science evidence
exists if such evidence—
‘‘(1) has been stored in a laboratory, medical
examiner’s office, coroner’s office, law enforcement
storage facility, or medical facility; and
‘‘(2) has not been subjected to all appropriate
forensic testing because of a lack of resources or
personnel.’’.
(b) EXTERNAL AUDITS.—Section 2802 of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797k) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the
end;
(2) in paragraph (3), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) a certification that a government entity ex-
ists and an appropriate process is in place to con-
duct independent external investigations into allega-
tions of serious negligence or misconduct substan-
tially affecting the integrity of the forensic results
committed by employees or contractors of any foren-
sic laboratory system, medical examiner’s office,
coroner’s office, law enforcement storage facility, or
medical facility in the State that will receive a por-
tion of the grant amount.’’.
(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF
APPROPRIATIONS.—Section 1001(a)(24) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)(24)) is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at
the end;
(2) in subparagraph (F), by striking the period
at the end and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(G) $20,000,000 for fiscal year 2007;
‘‘(H) $20,000,000 for fiscal year 2008; and
‘‘(I) $20,000,000 for fiscal year 2009.’’.
(d) TECHNICAL AMENDMENT.—Section 1001(a) of
such Act, as amended by subsection (c), is further amend-
ed by realigning paragraphs (24) and (25) so as to be
flush with the left margin.
SEC. 212. REPORT TO CONGRESS.
(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this Act, the Attorney General shall
submit to Congress a report on the implementation of this
Act and the amendments made by this Act.
(b) CONTENTS.—The report submitted under sub-
section (a) shall include a description of—
(1) the progress made by Federal, State, and
local entities in—
(A) collecting and entering DNA samples
from offenders convicted of qualifying offenses
for inclusion in the Combined DNA Index Sys-
tem 
(referred 
to 
in 
this 
subsection 
as
‘‘CODIS’’);
(B) analyzing samples from crime scenes,
including evidence collected from sexual as-
saults and other serious violent crimes, and en-
tering such DNA analyses in CODIS; and
(C) increasing the capacity of forensic lab-
oratories to conduct DNA analyses;
(2) the priorities and plan for awarding grants
among eligible States and units of local government
to ensure that the purposes of this Act are carried
out;
(3) the distribution of grant amounts under this
Act among eligible States and local governments,
and whether the distribution of such funds has
served the purposes of the Debbie Smith DNA
Backlog Grant Program;
(4) grants awarded and the use of such grants
by eligible entities for DNA training and education
programs for law enforcement, correctional per-
sonnel, court officers, medical personnel, victim serv-
ice providers, and other personnel authorized under
sections 203 and 204;
(5) grants awarded and the use of such grants
by eligible entities to conduct DNA research and de-
velopment programs to improve forensic DNA tech-
nology, and implement demonstration projects under
section 205;
(6) the steps taken to establish the National
Forensic Science Commission, and the activities of
the Commission under section 206;
(7) the use of funds by the Federal Bureau of
Investigation under section 207;
(8) grants awarded and the use of such grants
by eligible entities to promote the use of forensic
DNA technology to identify missing persons and un-
identified human remains under section 208;
(9) grants awarded and the use of such grants
by eligible entities to eliminate forensic science
backlogs under the amendments made by section
211;
(10) State compliance with the requirements set
forth in section 313; and
(11) any other matters considered relevant by
the Attorney General.
TITLE III—INNOCENCE
PROTECTION ACT OF 2003
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Innocence Protection
Act of 2003’’.
Subtitle A—Exonerating the
Innocent Through DNA Testing
SEC. 311. FEDERAL POST-CONVICTION DNA TESTING.
(a) FEDERAL CRIMINAL PROCEDURE.—
(1) IN GENERAL.—Part II of title 18, United
States Code, is amended by inserting after chapter
228 the following:
‘‘CHAPTER 228A—POST-CONVICTION DNA
TESTING
‘‘Sec.
‘‘3600. DNA testing.
‘‘3600A. Preservation of biological evidence.
‘‘§ 3600. DNA testing
‘‘(a) IN GENERAL.—Upon a written motion by an in-
dividual under a sentence of imprisonment or death pursu-
ant to a conviction for a Federal offense (referred to in
this section as the ‘applicant’), the court that entered the
judgment of conviction shall order DNA testing of specific
evidence if—
‘‘(1) the applicant asserts, under penalty of per-
jury, that the applicant is actually innocent of—
‘‘(A) the Federal offense for which the ap-
plicant is under a sentence of imprisonment or
death; or
‘‘(B) another Federal or State offense, if—
‘‘(i)(I) such offense was legally nec-
essary to make the applicant eligible for a
sentence as a career offender under section
3559(e) or an armed career offender under
section 924(e), and exoneration of such of-
fense would entitle the applicant to a re-
duced sentence; or
‘‘(II) evidence of such offense was ad-
mitted during a Federal death sentencing
hearing and exoneration of such offense
would entitle the applicant to a reduced
sentence or new sentencing hearing; and
‘‘(ii) in the case of a State offense—
‘‘(I) the applicant demonstrates
that there is no adequate remedy
under State law to permit DNA test-
ing of the specified evidence relating
to the State offense; and
‘‘(II) to the extent available, the
applicant has exhausted all remedies
available under State law for request-
ing DNA testing of specified evidence
relating to the State offense;
‘‘(2) the specific evidence to be tested was se-
cured in relation to the investigation or prosecution
of the Federal or State offense referenced in the ap-
plicant’s assertion under paragraph (1);
‘‘(3) the specific evidence to be tested—
‘‘(A) was not previously subjected to DNA
testing and the applicant did not knowingly and
voluntarily waive the right to request DNA test-
ing of that evidence in a court proceeding after
the date of enactment of the Innocence Protec-
tion Act of 2003; or
‘‘(B) was previously subjected to DNA
testing and the applicant is requesting DNA
testing using a new method or technology that
is substantially more probative than the prior
DNA testing;
‘‘(4) the specific evidence to be tested is in the
possession of the Government and has been subject
to a chain of custody and retained under conditions
sufficient to ensure that such evidence has not been
substituted, contaminated, tampered with, replaced,
or altered in any respect material to the proposed
DNA testing;
‘‘(5) the proposed DNA testing is reasonable in
scope, uses scientifically sound methods, and is con-
sistent with accepted forensic practices;
‘‘(6) the applicant identifies a theory of defense
that—
‘‘(A) is not inconsistent with an affirmative
defense presented at trial; and
‘‘(B) would establish the actual innocence
of the applicant of the Federal or State offense
referenced in the applicant’s assertion under
paragraph (1);
‘‘(7) if the applicant was convicted following a
trial, the identity of the perpetrator was at issue in
the trial;
‘‘(8) the proposed DNA testing of the specific
evidence—
‘‘(A) would produce new material evidence
to support the theory of defense referenced in
paragraph (6); and
‘‘(B) assuming the DNA test result ex-
cludes the applicant, would raise a reasonable
probability that the applicant did not commit
the offense;
‘‘(9) the applicant certifies that the applicant
will provide a DNA sample for purposes of compari-
son; and
‘‘(10) the applicant’s motion is filed for the
purpose of demonstrating the applicant’s actual in-
nocence of the Federal or State offense, and not to
delay the execution of the sentence or the adminis-
tration of justice.
‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION
ORDER; APPOINTMENT OF COUNSEL.—
‘‘(1) NOTICE.—Upon the receipt of a motion
filed under subsection (a), the court shall—
‘‘(A) notify the Government; and
‘‘(B) allow the Government a reasonable
time period to respond to the motion.
‘‘(2) PRESERVATION
ORDER.—To the extent
necessary to carry out proceedings under this sec-
tion, the court shall direct the Government to pre-
serve the specific evidence relating to a motion under
subsection (a).
‘‘(3) APPOINTMENT OF COUNSEL.—The court
may appoint counsel for an indigent applicant under
this section in the same manner as in a proceeding
under section 3006A(a)(2)(B).
‘‘(c) TESTING PROCEDURES.—
‘‘(1) IN GENERAL.—The court shall direct that
any DNA testing ordered under this section be car-
ried out by the Federal Bureau of Investigation.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), the court may order DNA testing by another
qualified laboratory if the court makes all necessary
orders to ensure the integrity of the specific evidence
and the reliability of the testing process and test re-
sults.
‘‘(3) COSTS.—The costs of any DNA testing or-
dered under this section shall be paid—
‘‘(A) by the applicant; or
‘‘(B) in the case of an applicant who is in-
digent, by the Government.
‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any
case in which the applicant is sentenced to death—
‘‘(1) any DNA testing ordered under this sec-
tion shall be completed not later than 60 days after
the date on which the Government responds to the
motion filed under subsection (a); and
‘‘(2) not later than 120 days after the date on
which the DNA testing ordered under this section is
completed, the court shall order any post-testing
procedures under subsection (f) or (g), as appro-
priate.
‘‘(e) REPORTING OF TEST RESULTS.—
‘‘(1) IN GENERAL.—The results of any DNA
testing ordered under this section shall be simulta-
neously disclosed to the court, the applicant, and the
Government.
‘‘(2) NDIS.—The Government shall submit any
test results relating to the DNA of the applicant to
the National DNA Index System (referred to in this
subsection as ‘NDIS’).
‘‘(3) RETENTION OF DNA SAMPLE.—
‘‘(A) ENTRY INTO NDIS.—If the DNA test
results obtained under this section are inconclu-
‘‘(ii) evidence of such offense was ad-
mitted during a Federal death sentencing
hearing and exoneration of such offense
would entitle the applicant to a reduced
sentence or a new sentencing proceeding.
‘‘(h) OTHER LAWS UNAFFECTED.—
‘‘(1) POST-CONVICTION
RELIEF.—Nothing in
this section shall affect the circumstances under
which a person may obtain DNA testing or post-con-
viction relief under any other law.
‘‘(2) HABEAS CORPUS.—Nothing in this section
shall provide a basis for relief in any Federal habeas
corpus proceeding.
‘‘(3) APPLICATION NOT A MOTION.—An appli-
cation under this section shall not be considered to
be a motion under section 2255 for purposes of de-
termining whether the application or any other mo-
tion is a second or successive motion under section
2255.
‘‘§ 3600A. Preservation of biological evidence
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Government shall preserve biological evi-
dence that was secured in the investigation or prosecution
of a Federal offense, if a defendant is under a sentence
of imprisonment for such offense.