I 
108TH CONGRESS 
1ST SESSION H. R. 3214
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 re-
search and development of new DNA testing technologies, to develop 
new training programs regarding the collection and use of DNA evidence, 
to provide post-conviction testing of DNA evidence to exonerate the 
innocent, to improve the performance of counsel in State capital cases, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 1, 2003
Mr. SENSENBRENNER (for himself, Mr. DELAHUNT, Mr. LAHOOD, Mr. CON-
YERS, Mr. COBLE, Mr. SCOTT of Virginia, Mr. GREEN of Wisconsin, Mr. 
WEINER, Mr. SCHIFF, Mr. HYDE, Mr. CANNON, Mr. CHABOT, Mr. SMITH 
of Texas, Mr. BACHUS, Mr. CARTER, Mr. FEENEY, Mr. FORBES, Mr. 
GALLEGLY, Mr. GOODLATTE, Ms. HART, Ms. JACKSON-LEE of Texas, 
Mr. JENKINS, Mr. KELLER, Mr. KING of Iowa, Ms. LOFGREN, Mr. MEE-
HAN, Mr. PENCE, Ms. WATERS, Mr. WATT, Mr. WEXLER, Ms. PRYCE of 
Ohio, Mr. ABERCROMBIE, Mr. BASS, Mr. BERMAN, Mr. BLUMENAUER, 
Mr. BOEHNER, Mr. BROWN of Ohio, Mr. CALVERT, Mr. CAMP, Mr. CASE, 
Mr. CAPUANO, Mrs. CHRISTENSEN, Mr. CROWLEY, Mr. CUMMINGS, Mr. 
DOOLEY of California, Mr. EMANUEL, Mr. ENGEL, Mr. ENGLISH, Mr. 
EVANS, Mr. FARR, Mr. FILNER, Mr. GEPHARDT, Mr. GIBBONS, Mr. 
GILCHREST, Mr. GREENWOOD, Mr. HOEFFEL, Mr. HILL, Mr. HINCHEY, 
Mr. HOLDEN, Mr. HOLT, Mr. JACKSON of Illinois, Mr. KENNEDY of 
Rhode Island, Mr. KILDEE, Mr. KING of New York, Mrs. MALONEY, Ms. 
MCCARTHY of Missouri, Mr. MCGOVERN, Mr. MCINNIS, Mr. MCNULTY, 
Mr. OBERSTAR, Mr. OLVER, Mr. PETRI, Mr. QUINN, Mr. RODRIGUEZ, 
Mr. RUSH, Mr. SANDERS, Mr. SANDLIN, Mr. SERRANO, Mr. SHERMAN, 
Mr. SMITH of Washington, Ms. SOLIS, Mr. SPRATT, Mr. STARK, Mr. 
STRICKLAND, Mrs. TAUSCHER, Mr. UDALL of Colorado, Mr. WALSH, Mr. 
WOLF, Ms. WOOLSEY, Mr. STUPAK, Ms. VELA´ZQUEZ, Ms. CARSON of In-
diana, Mr. GREEN of Texas, Mr. NADLER, Mrs. NAPOLITANO, Mr. 
SHIMKUS, Ms. CORRINE BROWN of Florida, Mr. LANGEVIN, Mr. MORAN 
of Virginia, and Mr. MCDERMOTT) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To eliminate the substantial backlog of DNA samples col-
lected from crime scenes and convicted offenders, to im-
prove and expand the DNA testing capacity of Federal, 
State, and local crime laboratories, to increase research 
and development of new DNA testing technologies, to 
develop new training programs regarding the collection 
and use of DNA evidence, to provide post-conviction 
testing of DNA evidence to exonerate the innocent, to 
improve the performance of counsel in State capital 
cases, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Advancing Justice Through DNA Technology Act of 
2003’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—RAPE KITS AND DNA EVIDENCE BACKLOG 
ELIMINATION ACT OF 2003
Sec. 101. Short title. 
Sec. 102. Debbie Smith DNA Backlog Grant Program. 
Sec. 103. Expansion of Combined DNA Index System. 
Sec. 104. Tolling of statute of limitations. 
Sec. 105. Legal assistance for victims of violence. 
Sec. 106. Ensuring private laboratory assistance in eliminating DNA backlog.
TITLE II—DNA SEXUAL ASSAULT JUSTICE ACT OF 2003
Sec. 201. Short title. 
Sec. 202. Ensuring public crime laboratory compliance with Federal standards. 
Sec. 203. DNA training and education for law enforcement, correctional per-
sonnel, and court officers. 
Sec. 204. Sexual assault forensic exam program grants. 
Sec. 205. DNA research and development. 
Sec. 206. FBI DNA programs. 
Sec. 207. DNA identification of missing persons. 
Sec. 208. Enhanced criminal penalties for unauthorized disclosure or use of 
DNA information. 
Sec. 209. Tribal coalition grants. 
Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement Grant 
Program. 
Sec. 211. Report to Congress. 
TITLE III—INNOCENCE PROTECTION ACT OF 2003
Sec. 301. Short title. 
Subtitle A—Exonerating the Innocent Through DNA Testing 
Sec. 311. Federal post-conviction DNA testing. 
Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program. 
Sec. 313. Incentive grants to States to ensure consideration of claims of actual 
innocence. 
Subtitle B—Improving the Quality of Representation in State Capital Cases 
Sec. 321. Capital representation improvement grants. 
Sec. 322. Capital prosecution improvement grants. 
Sec. 323. Applications. 
Sec. 324. State reports. 
Sec. 325. Evaluations by Inspector General and administrative remedies. 
Sec. 326. Authorization of appropriations. 
Subtitle C—Compensation for the Wrongfully Convicted 
Sec. 331. Increased compensation in Federal cases for the wrongfully convicted. 
Sec. 332. Sense of Congress regarding compensation in State death penalty 
cases.
TITLE I—RAPE KITS AND DNA 
EVIDENCE BACKLOG ELIMI-
NATION ACT OF 2003
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Rape Kits and DNA 
Evidence Backlog Elimination Act of 2003’’.
SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 
(a) DESIGNATION
OF PROGRAM; ELIGIBILITY
OF 
LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 
DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended—
(1) by amending the heading to read as follows: 
‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO-
GRAM.’’; 
(2) in subsection (a)—
(A) in the matter preceding paragraph 
(1)—
(i) by inserting ‘‘or units of local gov-
ernment’’ after ‘‘eligible States’’; and
(ii) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; 
(B) in paragraph (2), by inserting before 
the period at the end the following: ‘‘, including 
samples from rape kits, samples from other sex-
ual assault evidence, and samples taken in cases 
without an identified suspect’’; and 
(C) in paragraph (3), by striking ‘‘within 
the State’’; 
(3) in subsection (b)—
(A) in the matter preceding paragraph 
(1)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’ both places that 
term appears; and 
(ii) by inserting ‘‘, as required by the 
Attorney 
General’’ 
after 
‘‘application 
shall’’; 
(B) in paragraph (1), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; 
(C) in paragraph (3), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’ the first 
place that term appears; 
(D) in paragraph (4)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and 
(ii) by striking ‘‘and’’ at the end; 
(E) in paragraph (5)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(F) by adding at the end the following: 
‘‘(6) if submitted by a unit of local government, 
certify that the unit of local government has taken, 
or is taking, all necessary steps to ensure that it is 
eligible to include, directly or through a State law
enforcement agency, all analyses of samples for 
which it has requested funding in the Combined 
DNA Index System; and’’; 
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘The plan’’ and in-
serting ‘‘A plan pursuant to subsection 
(b)(1)’’; 
(ii) in subparagraph (A), by striking 
‘‘within the State’’; and 
(iii) in subparagraph (B), by striking 
‘‘within the State’’; and 
(B) in paragraph (2)(A), by inserting ‘‘and 
units of local government’’ after ‘‘States’’; 
(5) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘or local 
government’’ after ‘‘State’’ both places that 
term appears; and 
(B) in paragraph (2), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; 
(6) in subsection (f), in the matter preceding 
paragraph (1), by inserting ‘‘or unit of local govern-
ment’’ after ‘‘State’’; 
(7) in subsection (g)—
(A) in paragraph (1), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; and 
(B) in paragraph (2), by inserting ‘‘or 
units of local government’’ after ‘‘States’’; and 
(8) in subsection (h), by inserting ‘‘or unit of 
local government’’ after ‘‘State’’ both places that 
term appears. 
(b) REAUTHORIZATION
AND EXPANSION
OF PRO-
GRAM.—Section 2 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135) is amended—
(1) in subsection (a)—
(A) in paragraph (3), by inserting ‘‘(1) or’’ 
before ‘‘(2)’’; and 
(B) by inserting at the end the following: 
‘‘(4) To collect DNA samples specified in para-
graph (1). 
‘‘(5) To ensure that DNA testing and analysis 
of samples from crimes, including sexual assault and 
other serious violent crimes, are carried out in a 
timely manner.’’; 
(2) in subsection (b), as amended by this sec-
tion, by inserting at the end the following: 
‘‘(7) specify that portion of grant amounts that 
the State or unit of local government shall use for 
the purpose specified in subsection (a)(4).’’;
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—
‘‘(1) IN GENERAL.—The Attorney General shall 
distribute grant amounts, and establish appropriate 
grant conditions under this section, in conformity 
with a formula or formulas that are designed to ef-
fectuate a distribution of funds among eligible 
States and units of local government that—
‘‘(A) maximizes the effective utilization of 
DNA technology to solve crimes and protect 
public safety; and 
‘‘(B) allocates grants among eligible enti-
ties fairly and efficiently to address areas where 
significant backlogs exist, by considering—
‘‘(i) the number of offender and case-
work samples awaiting DNA analysis in a 
jurisdiction; 
‘‘(ii) the population in the jurisdiction; 
and 
‘‘(iii) the number of part I violent 
crimes in the jurisdiction. 
‘‘(2) MINIMUM AMOUNT.—The Attorney Gen-
eral shall allocate to each State not less than 0.50 
percent of the total amount appropriated in a fiscal
year for grants under this section, except that the 
United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands shall each 
be allocated 0.125 percent of the total appropriation. 
‘‘(3) LIMITATION.—Grant amounts distributed 
under paragraph (1) shall be awarded to conduct 
DNA analyses of samples from casework or from 
victims of crime under subsection (a)(2) in accord-
ance with the following limitations:
‘‘(A) For fiscal year 2005, not less than 50 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2). 
‘‘(B) For fiscal year 2006, not less than 
50 percent of the grant amounts shall be 
awarded for purposes under subsection (a)(2). 
‘‘(C) For fiscal year 2007, not less than 45 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2). 
‘‘(D) For fiscal year 2008, not less than 
40 percent of the grant amounts shall be 
awarded for purposes under subsection (a)(2). 
‘‘(E) For fiscal year 2009, not less than 40 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2).’’; 
(4) in subsection (g)—
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) a description of the priorities and plan for 
awarding grants among eligible States and units of 
local government, and how such plan will ensure the 
effective use of DNA technology to solve crimes and 
protect public safety.’’; 
(5) in subsection (j), by striking paragraphs (1) 
and (2) and inserting the following: 
‘‘(1) $151,000,000 for fiscal year 2005; 
‘‘(2) $151,000,000 for fiscal year 2006; 
‘‘(3) $151,000,000 for fiscal year 2007; 
‘‘(4) $151,000,000 for fiscal year 2008; and 
‘‘(5) $151,000,000 for fiscal year 2009.’’; and 
(6) by adding at the end the following: 
‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU-
DITS.—The Attorney General may distribute not more 
than 1 percent of the grant amounts under subsection 
(j)—
‘‘(1) to States or units of local government to 
defray the costs incurred by laboratories operated by
each such State or unit of local government in pre-
paring for accreditation or reaccreditation; 
‘‘(2) in the form of additional grants to States, 
units of local government, or nonprofit professional 
organizations of persons actively involved in forensic 
science and nationally recognized within the forensic 
science community—
‘‘(A) to defray the costs of external audits 
of laboratories operated by such State or unit 
of local government, which are participating in 
the National DNA Index System in order to en-
sure compliance with quality assurance stand-
ards; 
‘‘(B) to assess compliance with any plans 
submitted to the National Institute of Justice, 
which detail the use of funds received by States 
or units of local government under this Act; 
and 
‘‘(C) to support future capacity building 
efforts; and 
‘‘(3) in the form of additional grants to non-
profit professional associations actively involved in 
forensic science and nationally recognized within the 
forensic science community to defray the costs of 
training persons who conduct external audits of lab-
oratories operated by States and units of local gov-
ernment and which participate in the National DNA 
Index System. 
‘‘(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—
In the event that a laboratory operated by a State or unit 
of local government which has received funds under this 
Act, has undergone an external audit conducted in order 
to demonstrate compliance with standards established by 
the Director of the Federal Bureau of Investigation, and, 
as a result of such audit, identifies measures to remedy 
deficiencies with respect to the compliance by the labora-
tory with such standards, the State or unit of local govern-
ment shall implement any such remediation as soon as 
practicable.’’. 
SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM. 
(a) INCLUSION
OF
ALL
DNA SAMPLES
FROM 
STATES.—Section 210304(a)(1) of the DNA Identifica-
tion Act of 1994 (42 U.S.C. 14132(a)(1)) is amended by 
striking ‘‘of persons convicted of crimes;’’ and inserting 
the following: ‘‘of—
‘‘(A) persons convicted of crimes; and 
‘‘(B) other persons whose DNA samples 
are collected under applicable legal authorities, 
provided that DNA profiles from DNA samples 
that are voluntarily submitted solely for elimi-
nation purposes shall not be included in the 
Combined DNA Index System;’’. 
(b) FELONS CONVICTED OF FEDERAL CRIMES.—
Section 3(d) of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135a(d)) is amended to read 
as follows: 
‘‘(d) QUALIFYING FEDERAL OFFENSES.—The of-
fenses that shall be treated for purposes of this section 
as qualifying Federal offenses are the following offenses, 
as determined by the Attorney General: 
‘‘(1) Any felony. 
‘‘(2) Any offense under chapter 109A of title 
18, United States Code. 
‘‘(3) Any crime of violence (as that term is de-
fined in section 16 of title 18, United States Code). 
‘‘(4) Any attempt or conspiracy to commit any 
of the offenses in paragraphs (1) through (3).’’. 
(c) MILITARY OFFENSES.—Section 1565(d) of title 
10, United States Code, is amended to read as follows: 
‘‘(d) QUALIFYING MILITARY OFFENSES.—The of-
fenses that shall be treated for purposes of this section 
as qualifying military offenses are the following offenses, 
as determined by the Secretary of Defense, in consultation 
with the Attorney General:
‘‘(1) Any offense under the Uniform Code of 
Military Justice for which a sentence of confinement 
for more than one year may be imposed. 
‘‘(2) Any other offense under the Uniform Code 
of Military Justice that is comparable to a qualifying 
Federal offense (as determined under section 3(d) of 
the DNA Analysis Backlog Elimination Act of 2000 
(42 U.S.C. 14135a(d)).’’.
SEC. 104. TOLLING OF STATUTE OF LIMITATIONS. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3297. Cases involving DNA evidence 
‘‘In a case in which DNA testing implicates an identi-
fied person in the commission of a felony, except for a 
felony offense under chapter 109A, no statute of limita-
tions that would otherwise preclude prosecution of the of-
fense shall preclude such prosecution until a period of time 
following the implication of the person by DNA testing 
has elapsed that is equal to the otherwise applicable limi-
tation period.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 213 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘3297. Cases involving DNA evidence.’’.
(c) APPLICATION.—The amendments made by this 
section shall apply to the prosecution of any offense com-
mitted before, on, or after the date of the enactment of 
this section if the applicable limitation period has not yet 
expired.
SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 
Section 1201 of the Violence Against Women Act of 
2000 (42 U.S.C. 3796gg–6) is amended—
(1) in subsection (a), by inserting ‘‘dating vio-
lence,’’ after ‘‘domestic violence,’’; 
(2) in subsection (b)—
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as paragraphs (2) through (4), re-
spectively; 
(B) by inserting before paragraph (2), as 
redesignated by subparagraph (A), the fol-
lowing: 
‘‘(1) DATING VIOLENCE.—The term ‘dating vio-
lence’ means violence committed by a person who is 
or has been in a social relationship of a romantic or 
intimate nature with the victim. The existence of 
such a relationship shall be determined based on a 
consideration of—
‘‘(A) the length of the relationship; 
‘‘(B) the type of relationship; and
‘‘(C) the frequency of interaction between 
the persons involved in the relationship.’’; and 
(C) in paragraph (3), as redesignated by 
subparagraph (A), by inserting ‘‘dating vio-
lence,’’ after ‘‘domestic violence,’’; 
(3) in subsection (c)—
(A) in paragraph (1)—
(i) by inserting ‘‘, dating violence,’’ 
after ‘‘between domestic violence’’; and 
(ii) by inserting ‘‘dating violence,’’ 
after ‘‘victims of domestic violence,’’; 
(B) in paragraph (2), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’; and 
(C) in paragraph (3), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’; 
(4) in subsection (d)—
(A) in paragraph (1), by inserting ‘‘, dat-
ing violence,’’ after ‘‘domestic violence’’; 
(B) in paragraph (2), by inserting ‘‘, dat-
ing violence,’’ after ‘‘domestic violence’’; 
(C) in paragraph (3), by inserting ‘‘, dat-
ing violence,’’ after ‘‘domestic violence’’; and 
(D) in paragraph (4), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’;
(5) in subsection (e), by inserting ‘‘dating vio-
lence,’’ after ‘‘domestic violence,’’; and 
(6) in subsection (f)(2)(A), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’. 
SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN 
ELIMINATING DNA BACKLOG. 
Section 2(d)(3) of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135(d)(3)) is amended 
to read as follows: 
‘‘(3) USE OF VOUCHERS OR CONTRACTS FOR 
CERTAIN PURPOSES.—
‘‘(A) IN GENERAL.—A grant for the pur-
poses specified in paragraph (1), (2), or (5) of 
subsection (a) may be made in the form of a 
voucher or contract for laboratory services. 
‘‘(B) REDEMPTION.—A voucher or con-
tract under subparagraph (A) may be redeemed 
at a laboratory operated on a for-profit basis by 
a private entity that satisfies quality assurance 
standards and has been approved by the Attor-
ney General. 
‘‘(C) PAYMENTS.—The Attorney General 
may use amounts authorized under subsection 
(j) to make payments to a laboratory described 
under subparagraph (B) for the collection of
DNA samples or DNA analysis of samples from 
casework.’’. 
TITLE II—DNA SEXUAL ASSAULT 
JUSTICE ACT OF 2003
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘DNA Sexual Assault 
Justice Act of 2003’’. 
SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLI-
ANCE WITH FEDERAL STANDARDS. 
Section 210304(b)(2) of the DNA Identification Act 
of 1994 (42 U.S.C. 14132(b)(2)), is amended to read as 
follows: 
‘‘(2) prepared by laboratories that—
‘‘(A) not later than 2 years after the date 
of enactment of the DNA Sexual Assault Jus-
tice Act of 2003, have been accredited by a 
nonprofit professional association of persons ac-
tively involved in forensic science that is nation-
ally recognized within the forensic science com-
munity; and 
‘‘(B) undergo external audits, not less than 
once every 2 years, that demonstrate compli-
ance with standards established by the Director 
of the Federal Bureau of Investigation; and’’.
SEC. 203. DNA TRAINING AND EDUCATION FOR LAW EN-
FORCEMENT, 
CORRECTIONAL 
PERSONNEL, 
AND COURT OFFICERS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to States and units of local government to provide 
training, technical assistance, education, and information 
relating to the identification, collection, preservation, anal-
ysis, and use of DNA samples and DNA evidence by—
(1) law enforcement personnel, including police 
officers and other first responders, evidence techni-
cians, investigators, and others who collect or exam-
ine evidence of crime; 
(2) court officers, including State and local 
prosecutors, defense lawyers, and judges; 
(3) forensic science professionals; and 
(4) corrections personnel, including prison and 
jail personnel, and probation, parole, and other offi-
cers involved in supervision. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $12,500,000 for each 
of the fiscal years 2005 through 2009 to carry out this 
section. 
SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 
GRANTS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to eligible entities to provide training, technical as-
sistance, education, equipment, and information relating 
to the identification, collection, preservation, analysis, and 
use of DNA samples and DNA evidence by medical per-
sonnel and other personnel, including doctors, medical ex-
aminers, coroners, nurses, victim service providers, and 
other professionals involved in treating victims of sexual 
assault and sexual assault examination programs, includ-
ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex-
ual Assault Forensic Examiner), and SART (Sexual As-
sault Response Team). 
(b) ELIGIBLE ENTITY.—For purposes of this section, 
the term ‘‘eligible entity’’ includes—
(1) States; 
(2) units of local government; and 
(3) sexual assault examination programs, in-
cluding—
(A) sexual assault nurse examiner (SANE) 
programs; 
(B) 
sexual 
assault 
forensic 
examiner 
(SAFE) programs; 
(C) sexual assault response team (SART) 
programs; and 
(D) State sexual assault coalitions. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $30,000,000 for each
of the fiscal years 2005 through 2009 to carry out this 
section. 
SEC. 205. DNA RESEARCH AND DEVELOPMENT. 
(a) IMPROVING DNA TECHNOLOGY.—The Attorney 
General shall make grants to States and units of local gov-
ernment for research and development to improve forensic 
DNA technology, including increasing the identification 
accuracy and efficiency of DNA analysis, decreasing time 
and expense, and increasing portability. 
(b) DEMONSTRATION
PROJECTS.—The Attorney 
General shall conduct research through grants for dem-
onstration projects involving coordinated training and 
commitment of resources to law enforcement agencies and 
key criminal justice participants to demonstrate and 
evaluate the use of forensic DNA technology in conjunc-
tion with other forensic tools. The demonstration projects 
shall include scientific evaluation of the public safety bene-
fits, improvements to law enforcement operations, and 
cost-effectiveness of increased collection and use of DNA 
evidence. 
(c) NATIONAL FORENSIC SCIENCE COMMISSION.—
(1) APPOINTMENT.—The Attorney General 
shall appoint a National Forensic Science Commis-
sion (in this section referred to as the ‘‘Commis-
sion’’), composed of persons experienced in criminal
justice issues, including persons from the forensic 
science and criminal justice communities, to carry 
out the responsibilities under paragraph (2). 
(2) 
RESPONSIBILITIES.—The 
Commission 
shall—
(A) assess the present and future resource 
needs of the forensic science community; 
(B) make recommendations to the Attor-
ney General for maximizing the use of forensic 
technologies and techniques to solve crimes and 
protect the public; 
(C) identify potential scientific advances 
that may assist law enforcement in using foren-
sic technologies and techniques to protect the 
public; 
(D) make recommendations to the Attor-
ney General for programs that will increase the 
number of qualified forensic scientists available 
to work in public crime laboratories; 
(E) disseminate, through the National In-
stitute of Justice, best practices concerning the 
collection and analyses of forensic evidence to 
help ensure quality and consistency in the use 
of forensic technologies and techniques to solve 
crimes and protect the public;
(F) examine additional issues pertaining to 
forensic science as requested by the Attorney 
General; 
(G) examine Federal, State, and local pri-
vacy protection statutes, regulations, and prac-
tices relating to access to, or use of, stored 
DNA samples or DNA analyses, to determine 
whether such protections are sufficient; 
(H) make specific recommendations to the 
Attorney General, as necessary, to enhance the 
protections described in subparagraph (G) to 
ensure—
(i) the appropriate use and dissemina-
tion of DNA information; 
(ii) the accuracy, security, and con-
fidentiality of DNA information; 
(iii) the timely removal and destruc-
tion of obsolete, expunged, or inaccurate 
DNA information; and 
(iv) that any other necessary meas-
ures are taken to protect privacy; and 
(I) provide a forum for the exchange and 
dissemination of ideas and information in fur-
therance of the objectives described in subpara-
graphs (A) through (H).
(3) PERSONNEL; PROCEDURES.—The Attorney 
General shall—
(A) designate the Chair of the Commission 
from among its members; 
(B) designate any necessary staff to assist 
in carrying out the functions of the Commis-
sion; and 
(C) establish procedures and guidelines for 
the operations of the Commission. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $15,000,000 for each 
of the fiscal years 2005 through 2009 to carry out this 
section.
SEC. 206. 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 the fiscal years 
2005 through 2009 to carry out the DNA programs and 
activities 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;
stance of disclosure, obtaining, or use shall constitute a 
separate offense under this subsection.’’. 
SEC. 209. TRIBAL COALITION GRANTS. 
Section 2001 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is 
amended by adding at the end the following: 
‘‘(d) TRIBAL COALITION GRANTS.—
‘‘(1) PURPOSE.—The Attorney General shall 
award grants to tribal domestic violence and sexual 
assault coalitions for purposes of—
‘‘(A) increasing awareness of domestic 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).’’. 
SEC. 210. 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— 
‘‘(1) carry out’’; 
(B) by striking the period at the end and 
inserting a semicolon; and 
(C) by adding at the end the following:
‘‘(2) eliminate a backlog in the analysis of fo-
rensic science evidence, including firearms examina-
tion, latent prints, toxicology, controlled substances, 
forensic pathology, questionable documents, and 
trace evidence; and 
‘‘(3) train, assist, and employ forensic labora-
tory personnel, as needed, to eliminate a forensic 
evidence 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) DEFINED TERM.—As used in this section, the 
term ‘forensic evidence backlog’ means forensic evidence 
that—
‘‘(1) has been stored in a laboratory, medical 
examiner’s office, or coroner’s office; 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 the ‘‘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, or 
coroner’s office 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 the ‘‘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.’’.
SEC. 211. 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. 
(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 205(c); 
(7) the use of funds by the Federal Bureau of 
Investigation under section 206; 
(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 207;
(9) grants awarded and the use of such grants 
by eligible entities to eliminate forensic science back-
logs under section 210; 
(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. Prohibition on destruction 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) CODIS.—The Government shall submit 
any test results relating to the DNA of the applicant 
to the Combined DNA Index System (referred to in 
this subsection as ‘CODIS’). 
‘‘(3) RETENTION OF DNA SAMPLE.—
‘‘(A) ENTRY
INTO
CODIS.—If the DNA 
test results obtained under this section are in-
conclusive or show that the applicant was the 
source of the DNA evidence, the DNA sample 
of the applicant may be retained in CODIS. 
‘‘(B) MATCH WITH OTHER OFFENSE.—If 
the DNA test results obtained under this sec-
tion exclude the applicant as the source of the 
DNA evidence, and a comparison of the DNA 
sample of the applicant results in a match be-
tween the DNA sample of the applicant and an-
other offense, the Attorney General shall notify 
the appropriate agency and preserve the DNA 
sample of the applicant. 
‘‘(C) NO MATCH.—If the DNA test results 
obtained under this section exclude the appli-
cant as the source of the DNA evidence, and a 
comparison of the DNA sample of the applicant 
does not result in a match between the DNA 
sample of the applicant and another offense, 
the Attorney General shall destroy the DNA 
sample of the applicant and ensure that such 
information is not retained in CODIS if there 
is no other legal authority to retain the DNA 
sample of the applicant in CODIS. 
‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE 
AND INCULPATORY RESULTS.—
‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re-
sults obtained under this section are inconclusive, 
the court may order further testing, if appropriate, 
or may deny the applicant relief. 
‘‘(2) INCULPATORY RESULTS.—If DNA test re-
sults obtained under this section show that the ap-
plicant was the source of the DNA evidence, the 
court shall—
‘‘(A) deny the applicant relief; and 
‘‘(B) on motion of the Government—
‘‘(i) make a determination whether 
the applicant’s assertion of actual inno-
cence was false, and, if the court makes 
such a finding, the court may hold the ap-
plicant in contempt; 
‘‘(ii) assess against the applicant the 
cost of any DNA testing carried out under 
this section; 
‘‘(iii) forward the finding to the Direc-
tor of the Bureau of Prisons, who, upon 
receipt of such a finding, may deny, wholly 
or in part, the good conduct credit author-
ized under section 3632 on the basis of 
that finding; 
‘‘(iv) if the applicant is subject to the 
jurisdiction of the United States Parole 
Commission, forward the finding to the 
Commission so that the Commission may 
deny parole on the basis of that finding; 
and 
‘‘(v) if the DNA test results relate to 
a State offense, forward the finding to any 
appropriate State official.
‘‘(3) SENTENCE.—In any prosecution of an ap-
plicant under chapter 79 for false assertions or other 
conduct in proceedings under this section, the court, 
upon conviction of the applicant, shall sentence the 
applicant to a term of imprisonment of not less than 
3 years, which shall run consecutively to any other 
term of imprisonment the applicant is serving. 
‘‘(g) POST-TESTING
PROCEDURES; MOTION
FOR 
NEW TRIAL OR RESENTENCING.—
‘‘(1) IN GENERAL.—Notwithstanding any law 
that would bar a motion under this paragraph as 
untimely, if DNA test results obtained under this 
section exclude the applicant as the source of the 
DNA evidence, the applicant may file a motion for 
a new trial or resentencing, as appropriate. The 
court shall establish a reasonable schedule for the 
applicant to file such a motion and for the Govern-
ment to respond to the motion. 
‘‘(2) STANDARD FOR GRANTING MOTION FOR 
NEW
TRIAL
OR
RESENTENCING.—The court shall 
grant the motion of the applicant for a new trial or 
resentencing, as appropriate, if the DNA test re-
sults, when considered with all other evidence in the 
case (regardless of whether such evidence was intro-
duced at trial), establish by a preponderance of the
evidence that a new trial would result in an acquittal 
of—
‘‘(A) in the case of a motion for a new 
trial, the Federal offense for which the appli-
cant is under sentence of imprisonment or 
death; and 
‘‘(B) in the case of a motion for resen-
tencing, another Federal or State offense, if—
‘‘(i) such offense was legally necessary 
to make the applicant eligible for a sen-
tence 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 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. Prohibition on destruction of biological evi-
dence 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Government shall not destroy biological 
evidence that was secured in the investigation or prosecu-
tion of a Federal offense, if a defendant is under a sen-
tence of imprisonment for such offense. 
‘‘(b) DEFINED TERM.—For purposes of this section, 
the term ‘biological evidence’ means evidence that was se-
cured in the investigation or prosecution of a Federal of-
fense and preserved until the time of conviction, and which 
the Government knows is—
‘‘(1) a sexual assault forensic examination kit; 
or 
‘‘(2) semen, blood, saliva, hair, skin tissue, or 
other identified biological material.
‘‘(c) APPLICABILITY.—The prohibition of the de-
struction of biological evidence under subsection (a) shall 
not apply if—
‘‘(1) a court has denied a request or motion for 
DNA testing of the biological evidence by the de-
fendant under section 3600, and no appeal is pend-
ing; 
‘‘(2) the defendant knowingly and voluntarily 
waived the right to request DNA testing of such evi-
dence in a court proceeding conducted after the date 
of enactment of the Innocence Protection Act of 
2003; 
‘‘(3) the defendant is notified after conviction 
that the biological evidence may be destroyed and 
the defendant does not file a motion under section 
3600 within 180 days of receipt of the notice; or 
‘‘(4)(A) the evidence must be returned to its 
rightful owner, or is of such a size, bulk, or physical 
character as to render retention impracticable; and 
‘‘(B) the Government takes reasonable meas-
ures to remove and preserve portions of the material 
evidence sufficient to permit future DNA testing. 
‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth-
ing in this section shall preempt or supersede any statute, 
regulation, court order, or other provision of law that may
require evidence, including biological evidence, to be pre-
served. 
‘‘(e) REGULATIONS.—The Attorney General shall 
promulgate regulations to implement and enforce this sec-
tion, including appropriate disciplinary sanctions to ensure 
that employees comply with such regulations. 
‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and 
intentionally destroys, alters, or tampers with biological 
evidence that is required to be preserved under this section 
with the intent to prevent that evidence from being sub-
jected to DNA testing or prevent the production or use 
of that evidence in an official proceeding, shall be fined 
under this title, imprisoned for not more than 5 years, 
or both.’’. 
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for part II of title 18, United States Code, is 
amended by inserting after the item relating to 
chapter 228 the following:
‘‘228A. Post-conviction DNA testing ........................................... 3600’’.
(b) SYSTEM FOR REPORTING MOTIONS.—
(1) ESTABLISHMENT.—The Attorney General 
shall establish a system for reporting and tracking 
motions filed in accordance with section 3600 of title 
18, United States Code. 
(2) OPERATION.—In operating the system es-
tablished under paragraph (1), the courts shall pro-
vide to the Attorney General any requested assist-
ance in operating such a system and in ensuring the 
accuracy and completeness of information included 
in that system. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General 
shall submit a report to Congress that contains—
(A) a list of motions filed under section 
3600 of title 18, United States Code, as added 
by this Act; 
(B) whether DNA testing was ordered pur-
suant to such a motion; 
(C) whether the applicant obtained relief 
on the basis of DNA test results; and 
(D) whether further proceedings occurred 
following a granting of relief and the outcome 
of such proceedings. 
(4) ADDITIONAL INFORMATION.—The report re-
quired to be submitted under paragraph (3) may in-
clude any other information the Attorney General 
determines to be relevant in assessing the operation, 
utility, or costs of section 3600 of title 18, United 
States Code, as added by this Act, and any rec-
ommendations the Attorney General may have relat-
ing to future legislative action concerning that sec-
tion. 
(c) EFFECTIVE DATE; APPLICABILITY.—This section 
and the amendments made by this section shall take effect 
on the date of enactment of this Act and shall apply with 
respect to any offense committed, and to any judgment 
of conviction entered, before, on, or after that date of en-
actment.
SEC. 312. KIRK BLOODSWORTH POST-CONVICTION DNA 
TESTING GRANT PROGRAM. 
(a) IN GENERAL.—The Attorney General shall estab-
lish the Kirk Bloodsworth Post-Conviction DNA Testing 
Grant Program to award grants to States to help defray 
the costs of post-conviction DNA testing. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each of 
the fiscal years 2005 through 2009 to carry out this sec-
tion. 
(c) STATES.—For purposes of this section, the term 
‘‘States’’ means the States of the United States, the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, American Samoa, Guam, 
and the Northern Mariana Islands.
SEC. 313. INCENTIVE GRANTS TO STATES TO ENSURE CON-
SIDERATION OF CLAIMS OF ACTUAL INNO-
CENCE. 
(a) FUNDING.—For each of the fiscal years 2005 
through 2009, all funds appropriated to carry out sections 
203, 205, 207, and 312 shall be reserved for grants eligi-
ble entities that—
(1) meet the requirements under section 203, 
205, 207, or 312, as appropriate; and 
(2) demonstrate that the State in which the eli-
gible entity operates—
(A) provides post-conviction DNA testing 
of specified evidence—
(i) under a State statute enacted be-
fore the date of enactment of this Act (or 
extended or renewed after such date), to 
any person convicted after trial and under 
a sentence of imprisonment or death for a 
State offense, in a manner that ensures a 
meaningful process for resolving a claim of 
actual innocence; or 
(ii) under a State statute enacted 
after the date of enactment of this Act, or 
under a State rule, regulation, or practice, 
to any person under a sentence of impris-
onment or death for a State offense, in a
manner comparable to section 3600(a) of 
title 18, United States Code (provided that 
the State statute, rule, regulation, or prac-
tice may make post-conviction DNA test-
ing available in cases in which such testing 
is not required by such section), and if the 
results of such testing exclude the appli-
cant, permits the applicant to apply for 
post-conviction relief, notwithstanding any 
provision of law that would otherwise bar 
such application as untimely; and 
(B) preserves biological evidence secured in 
relation to the investigation or prosecution of a 
State offense—
(i) under a State statute or a State or 
local rule, regulation, or practice, enacted 
or adopted before the date of enactment of 
this Act (or extended or renewed after 
such date), in a manner that ensures that 
reasonable measures are taken by all juris-
dictions within the State to preserve such 
evidence; or 
(ii) under a State statute or a State 
or local rule, regulation, or practice, en-
acted or adopted after the date of enact-
ciencies and make recommendations for correc-
tive action. 
(2) 
PRIORITY.—In 
conducting 
evaluations 
under this subsection, the Inspector General shall 
give priority to States that the Inspector General de-
termines, based on information submitted by the 
State and other comments provided by any other 
person, to be at the highest risk of noncompliance. 
(b) ADMINISTRATIVE REVIEW.—
(1) COMMENT.—Upon receiving the report 
under subsection (a)(1), the Attorney General shall 
provide the State with an opportunity to comment 
regarding the findings and conclusions of the report. 
(2) CORRECTIVE ACTION PLAN.—If the Attor-
ney General, after reviewing the report under sub-
section (a)(1), determines that a State is not in com-
pliance with the terms and conditions of the grant, 
the Attorney General shall consult with the appro-
priate State authorities to enter into a plan for cor-
rective action. If the State does not agree to a plan 
for corrective action that has been approved by the 
Attorney General within 90 days after the submis-
sion of the report under subsection (a)(1), the Attor-
ney General shall, within 30 days, direct the State