II 
108TH CONGRESS 
2D SESSION 
H. R. 5107 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 7, 2004 
Received 
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 labora-
tories, to increase research and development of new DNA 
testing technologies, to develop new training programs 
regarding the collection and use of DNA evidence, to 
provide post-conviction testing of DNA evidence to exon-
erate 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,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Justice for All Act of 2004’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRES-
TON, 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 per-
sonnel, 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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‘‘(b) RIGHTS AFFORDED.—In any court proceeding 
involving an offense against a crime victim, the court shall 
ensure that the crime victim is afforded the rights de-
scribed in subsection (a). Before making a determination 
described in subsection (a)(3), the court shall make every 
effort to permit the fullest attendance possible by the vic-
tim and shall consider reasonable alternatives to the exclu-
sion of the victim from the criminal proceeding. The rea-
sons for any decision denying relief under this chapter 
shall be clearly stated on the record. 
‘‘(c) BEST EFFORTS TO ACCORD RIGHTS.— 
‘‘(1) GOVERNMENT.—Officers and employees of 
the Department of Justice and other departments 
and agencies of the United States engaged in the de-
tection, investigation, or prosecution of crime shall 
make their best efforts to see that crime victims are 
notified of, and accorded, the rights described in 
subsection (a). 
‘‘(2) ADVICE OF ATTORNEY.—The prosecutor 
shall advise the crime victim that the crime victim 
can seek the advice of an attorney with respect to 
the rights described in subsection (a). 
‘‘(3) NOTICE.—Notice of release otherwise re-
quired pursuant to this chapter shall not be given if 
such notice may endanger the safety of any person.
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‘‘(d) ENFORCEMENT AND LIMITATIONS.— 
‘‘(1) RIGHTS.—The crime victim or the crime 
victim’s lawful representative, and the attorney for 
the Government may assert the rights described in 
subsection (a). A person accused of the crime may 
not obtain any form of relief under this chapter. 
‘‘(2) MULTIPLE
CRIME
VICTIMS.—In a case 
where the court finds that the number of crime vic-
tims makes it impracticable to accord all of the 
crime victims the rights described in subsection (a), 
the court shall fashion a reasonable procedure to 
give effect to this chapter that does not unduly com-
plicate or prolong the proceedings. 
‘‘(3) MOTION FOR RELIEF AND WRIT OF MAN-
DAMUS.—The rights described in subsection (a) shall 
be asserted in the district court in which a defend-
ant is being prosecuted for the crime or, if no pros-
ecution is underway, in the district court in the dis-
trict in which the crime occurred. The district court 
shall take up and decide any motion asserting a vic-
tim’s right forthwith. If the district court denies the 
relief sought, the movant may petition the court of 
appeals for a writ of mandamus. The court of ap-
peals may issue the writ on the order of a single 
judge pursuant to circuit rule or the Federal Rules
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of Appellate Procedure. The court of appeals shall 
take up and decide such application forthwith within 
72 hours after the petition has been filed. In no 
event shall proceedings be stayed or subject to a 
continuance of more than five days for purposes of 
enforcing this chapter. If the court of appeals denies 
the relief sought, the reasons for the denial shall be 
clearly stated on the record in a written opinion. 
‘‘(4) ERROR.—In any appeal in a criminal case, 
the Government may assert as error the district 
court’s denial of any crime victim’s right in the pro-
ceeding to which the appeal relates. 
‘‘(5) LIMITATION ON RELIEF.—In no case shall 
a failure to afford a right under this chapter provide 
grounds for a new trial. A victim may make a mo-
tion to re-open a plea or sentence only if— 
‘‘(A) the victim has asserted the right to 
be heard before or during the proceeding at 
issue and such right was denied; 
‘‘(B) the victim petitions the court of ap-
peals for a writ of mandamus within 10 days; 
and 
‘‘(C) in the case of a plea, the accused has 
not pled to the highest offense charged.
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This paragraph does not affect the victim’s right to 
restitution as provided in title 18, United States 
Code.’’. 
‘‘(6) NO CAUSE OF ACTION.—Nothing in this 
chapter shall be construed to authorize a cause of 
action for damages or to create, to enlarge, or to 
imply any duty or obligation to any victim or other 
person for the breach of which the United States or 
any of its officers or employees could be held liable 
in damages. Nothing in this chapter shall be con-
strued to impair the prosecutorial discretion of the 
Attorney General or any officer under his direction. 
‘‘(e) DEFINITIONS.—For the purposes of this chap-
ter, the term ‘crime victim’ means a person directly and 
proximately harmed as a result of the commission of a 
Federal offense or an offense in the District of Columbia. 
In the case of a crime victim who is under 18 years of 
age, incompetent, incapacitated, or deceased, the legal 
guardians of the crime victim or the representatives of the 
crime victim’s estate, family members, or any other per-
sons appointed as suitable by the court, may assume the 
crime victim’s rights under this chapter, but in no event 
shall the defendant be named as such guardian or rep-
resentative. 
‘‘(f) PROCEDURES TO PROMOTE COMPLIANCE.—
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‘‘(1) REGULATIONS.—Not later than 1 year 
after the date of enactment of this chapter, the At-
torney General of the United States shall promul-
gate regulations to enforce the rights of crime vic-
tims and to ensure compliance by responsible offi-
cials with the obligations described in law respecting 
crime victims. 
‘‘(2) CONTENTS.—The regulations promulgated 
under paragraph (1) shall— 
‘‘(A) designate an administrative authority 
within the Department of Justice to receive and 
investigate complaints relating to the provision 
or violation of the rights of a crime victim; 
‘‘(B) require a course of training for em-
ployees and offices of the Department of Jus-
tice that fail to comply with provisions of Fed-
eral law pertaining to the treatment of crime 
victims, and otherwise assist such employees 
and offices in responding more effectively to the 
needs of crime victims; 
‘‘(C) contain disciplinary sanctions, includ-
ing suspension or termination from employ-
ment, for employees of the Department of Jus-
tice who willfully or wantonly fail to comply
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with provisions of Federal law pertaining to the 
treatment of crime victims; and 
‘‘(D) provide that the Attorney General, or 
the designee of the Attorney General, shall be 
the final arbiter of the complaint, and that 
there shall be no judicial review of the final de-
cision of the Attorney General by a complain-
ant.’’. 
(b) TABLE OF CHAPTERS.—The table of chapters for 
part II of title 18, United States Code, is amended by 
inserting at the end the following: 
‘‘237. Crime victims’ rights ...................................................................... 3771’’. 
(c) REPEAL.—Section 502 of the Victims’ Rights and 
Restitution Act of 1990 (42 U.S.C. 10606) is repealed. 
SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF 
CRIME VICTIMS’ RIGHTS. 
(a) CRIME VICTIMS LEGAL ASSISTANCE GRANTS.— 
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et 
seq.) is amended by inserting after section 1404C the fol-
lowing: 
‘‘SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS. 
‘‘(a) IN GENERAL.—The Director may make grants 
as provided in section 1404(c)(1)(A) to State, tribal, and 
local prosecutors’ offices, law enforcement agencies, 
courts, jails, and correctional institutions, and to qualified 
public and private entities, to develop, establish, and main-
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tain programs for the enforcement of crime victims’ rights 
as provided in law. 
‘‘(b) PROHIBITION.—Grant amounts under this sec-
tion may not be used to bring a cause of action for dam-
ages. 
‘‘(c) FALSE
CLAIMS
ACT.—Notwithstanding any 
other provision of law, amounts collected pursuant to sec-
tions 3729 through 3731 of title 31, United States Code 
(commonly known as the ‘False Claims Act’), may be used 
for grants under this section, subject to appropriation.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—In addi-
tion to funds made available under section 1402(d) of the 
Victims of Crime Act of 1984, there are authorized to be 
appropriated to carry out this title— 
(1) $2,000,000 for fiscal year 2005 and 
$5,000,000 for each of fiscal years 2006, 2007, 
2008, and 2009 to United States Attorneys Offices 
for Victim/Witnesses Assistance Programs; 
(2) $2,000,000 for fiscal year 2005 and 
$5,000,000 in each of the fiscal years 2006, 2007, 
2008, and 2009, to the Office for Victims of Crime 
of the Department of Justice for enhancement of the 
Victim Notification System; 
(3) $300,000 in fiscal year 2005 and $500,000 
for each of the fiscal years 2006, 2007, 2008, and
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(c) INCREASED RESOURCES TO DEVELOP STATE-OF- 
THE-ART SYSTEMS FOR NOTIFYING CRIME VICTIMS OF 
IMPORTANT DATES AND DEVELOPMENTS.—The Victims 
of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amend-
ed by inserting after section 1404D the following: 
‘‘SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS. 
‘‘(a) IN GENERAL.—The Director may make grants 
as provided in section 1404(c)(1)(A) to State, tribal, and 
local prosecutors’ offices, law enforcement agencies, 
courts, jails, and correctional institutions, and to qualified 
public or private entities, to develop and implement state- 
of-the-art systems for notifying victims of crime of impor-
tant dates and developments relating to the criminal pro-
ceedings at issue in a timely and efficient manner, pro-
vided that the jurisdiction has laws substantially equiva-
lent to the provisions of chapter 237 of title 18, United 
States Code. 
‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed 
and implemented under this section may be integrated 
with existing case management systems operated by the 
recipient of the grant. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to funds made available under section 1402(d), 
there are authorized to be appropriated to carry out this 
section—
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‘‘(1) $5,000,000 for fiscal year 2005; and 
‘‘(2) $5,000,000 for each of the fiscal years 
2006, 2007, 2008, and 2009. 
‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any 
other provision of law, amounts collected pursuant to sec-
tions 3729 through 3731 of title 31, United States Code 
(commonly known as the ‘False Claims Act’), may be used 
for grants under this section, subject to appropriation.’’. 
SEC. 104. REPORTS. 
(a) ADMINISTRATIVE
OFFICE
OF
THE
UNITED 
STATES COURTS.—Not later than 1 year after the date 
of enactment of this Act and annually thereafter, the Ad-
ministrative Office of the United States Courts, for each 
Federal court, shall report to Congress the number of 
times that a right established in chapter 237 of title 18, 
United States Code, is asserted in a criminal case and the 
relief requested is denied and, with respect to each such 
denial, the reason for such denial, as well as the number 
of times a mandamus action is brought pursuant to chap-
ter 237 of title 18, and the result reached. 
(b) GOVERNMENT ACCOUNTABILITY OFFICE.— 
(1) STUDY.—The Comptroller General shall 
conduct a study that evaluates the effect and effi-
cacy of the implementation of the amendments made
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by this title on the treatment of crime victims in the 
Federal system. 
(2) REPORT.—Not later than 4 years after the 
date of enactment of this Act, the Comptroller Gen-
eral shall prepare and submit to the appropriate 
committees a report containing the results of the 
study conducted under subsection (a). 
TITLE II—DEBBIE SMITH ACT OF 
2004 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Debbie Smith Act of 
2004’’. 
SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 
(a) DESIGNATION
OF PROGRAM; ELIGIBILITY
OF 
LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 
DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended— 
(1) by amending the heading to read as follows: 
‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT 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
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(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)—
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(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
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(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)—
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(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—
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‘‘(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 jurisdic-
tions in which significant backlogs exist, by con-
sidering— 
‘‘(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 1 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
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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
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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—
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‘‘(A) to defray the costs of external audits 
of laboratories operated by such State or unit 
of local government, which participates in the 
National DNA Index System, to determine 
whether the laboratory is in compliance with 
quality assurance standards; 
‘‘(B) to assess compliance with any plans 
submitted to the National Institute of Justice, 
which detail the use of funds received by States 
or units of local government under this Act; 
and 
‘‘(C) to support future capacity building 
efforts; and 
‘‘(3) in the form of additional grants to 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) USE
OF
FUNDS
FOR
OTHER
FORENSIC 
SCIENCES.—The Attorney General may award a grant 
under this section to a State or unit of local government 
to alleviate a backlog of cases with respect to a forensic
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science other than DNA analysis if the State or unit of 
local government— 
‘‘(1) certifies to the Attorney General that in 
such State or unit— 
‘‘(A) all of the purposes set forth in sub-
section (a) have been met; 
‘‘(B) a significant backlog of casework is 
not waiting for DNA analysis; and 
‘‘(C) there is no need for significant lab-
oratory equipment, supplies, or additional per-
sonnel for timely DNA processing of casework 
or offender samples; and 
‘‘(2) demonstrates to the Attorney General that 
such State or unit requires assistance in alleviating 
a backlog of cases involving a forensic science other 
than DNA analysis. 
‘‘(m) EXTERNAL
AUDITS
AND
REMEDIAL
EF-
FORTS.—In the event that a laboratory operated by a 
State or unit of local government which has received funds 
under this Act has undergone an external audit conducted 
to determine whether the laboratory is in compliance with 
standards established by the Director of the Federal Bu-
reau of Investigation, and, as a result of such audit, iden-
tifies measures to remedy deficiencies with respect to the 
compliance by the laboratory with such standards, the
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State or unit of local government shall implement any 
such remediation as soon as practicable.’’. 
SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM. 
(a) INCLUSION
OF
ALL
DNA SAMPLES
FROM 
STATES.—Section 210304 of the DNA Identification Act 
of 1994 (42 U.S.C. 14132) is amended— 
(1) in subsection (a)(1), by striking ‘‘of persons 
convicted of crimes;’’ and inserting the following: 
‘‘of— 
‘‘(A) persons convicted of crimes; 
‘‘(B) persons who have been charged in an 
indictment or information with a crime; and 
‘‘(C) other persons whose DNA samples 
are collected under applicable legal authorities, 
provided that DNA profiles from arrestees who 
have not been charged in an indictment or in-
formation with a crime, and DNA samples that 
are voluntarily submitted solely for elimination 
purposes shall not be included in the National 
DNA Index System;’’; and 
(2) in subsection (d)(2)— 
(A) by striking ‘‘if the responsible agency’’ 
and inserting ‘‘if— 
‘‘(i) the responsible agency’’;
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(B) by striking the period at the end and 
inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(ii) the person has not been convicted of 
an offense on the basis of which that analysis 
was or could have been included in the index, 
and all charges for which the analysis was or 
could have been included in the index have been 
dismissed or resulted in acquittal.’’. 
(b) FELONS CONVICTED OF FEDERAL CRIMES.— 
Section 3(d) of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135a(d)) is amended to read 
as follows: 
‘‘(d) QUALIFYING FEDERAL OFFENSES.—The 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).’’.
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(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))).’’. 
(d) KEYBOARD SEARCHES.—Section 210304 of the 
DNA Identification Act of 1994 (42 U.S.C. 14132), as 
amended by subsection (a), is further amended by adding 
at the end the following new subsection: 
‘‘(e) AUTHORITY FOR KEYBOARD SEARCHES.— 
‘‘(1) IN GENERAL.—The Director shall ensure 
that any person who is authorized to access the 
index described in subsection (a) for purposes of in-
cluding information on DNA identification records 
or DNA analyses in that index may also access that
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index for purposes of carrying out a one-time key-
board search on information obtained from any 
DNA sample lawfully collected for a criminal justice 
purpose except for a DNA sample voluntarily sub-
mitted solely for elimination purposes. 
‘‘(2) DEFINITION.—For purposes of paragraph 
(1), the term ‘keyboard search’ means a search 
under which information obtained from a DNA sam-
ple is compared with information in the index with-
out resulting in the information obtained from a 
DNA sample being included in the index. 
‘‘(3) NO PREEMPTION.—This subsection shall 
not be construed to preempt State law. 
(e) INCREASED PENALTIES FOR MISUSE OF DNA 
ANALYSES.—(1) Section 210305(c)(2) of the DNA Identi-
fication Act of 1994 (42 U.S.C. 14133(c)(2)) is amended 
by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or im-
prisoned for a period of not more than one year, or both’’. 
(2) Section 10(c) of the DNA Analysis Backlog 
Elimination Act of 2000 (42 U.S.C. 14135e(c)) is amend-
ed by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or 
imprisoned for a period of not more than one year, or 
both’’. 
(f) REPORT TO CONGRESS.—If the Department of 
Justice plans to modify or supplement the core genetic
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markers needed for compatibility with the CODIS system, 
it shall notify the Judiciary Committee of the Senate and 
the Judiciary Committee of the House of Representatives 
in writing not later than 180 days before any change is 
made and explain the reasons for such change. 
SEC. 204. TOLLING OF STATUTE OF LIMITATIONS. 
(a) IN GENERAL.—Chapter 213 of title 18, United 
States Code, is amended by adding at the end the 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
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this section if the applicable limitation period has not yet 
expired. 
SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE. 
Section 1201 of the Violence Against Women Act of 
2000 (42 U.S.C. 3796gg–6) is amended— 
(1) in subsection (a), by inserting ‘‘dating 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
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(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
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(6) in subsection (f)(2)(A), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’. 
SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN 
ELIMINATING DNA BACKLOG. 
Section 2(d)(3) of the DNA Analysis Backlog 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, even 
if the laboratory makes a reasonable profit for 
the services. 
‘‘(B) REDEMPTION.—A voucher or con-
tract under subparagraph (A) may be redeemed 
at a laboratory operated on a nonprofit or for- 
profit basis, by a private entity that satisfies 
quality assurance standards and has been ap-
proved by the Attorney General. 
‘‘(C) PAYMENTS.—The Attorney General 
may use amounts authorized under subsection 
(j) to make payments to a laboratory described 
under subparagraph (B).’’.
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TITLE III—DNA SEXUAL 
ASSAULT JUSTICE ACT OF 2004 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘DNA Sexual Assault 
Justice Act of 2004’’. 
SEC. 302. ENSURING PUBLIC CRIME LABORATORY 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 2004, 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’’.
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SEC. 303. DNA TRAINING AND EDUCATION FOR LAW EN-
FORCEMENT, 
CORRECTIONAL 
PERSONNEL, 
AND COURT OFFICERS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to provide training, technical assistance, education, 
and information relating to the identification, collection, 
preservation, analysis, and use of DNA samples and DNA 
evidence by— 
(1) law enforcement personnel, including police 
officers and other first responders, evidence 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 fiscal years 2005 through 2009 to carry out this sec-
tion. 
SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 
GRANTS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to eligible entities to provide training, technical as-
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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; 
(D) State sexual assault coalitions;
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(E) medical personnel, including doctors, 
medical examiners, coroners, and nurses, in-
volved in treating victims of sexual assault; and 
(F) victim service providers involved in 
treating victims of sexual assault. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $30,000,000 for each 
of fiscal years 2005 through 2009 to carry out this sec-
tion. 
SEC. 305. DNA RESEARCH AND DEVELOPMENT. 
(a) IMPROVING DNA TECHNOLOGY.—The Attorney 
General shall make grants for research and development 
to improve forensic DNA technology, including increasing 
the identification accuracy and efficiency of DNA analysis, 
decreasing time and expense, and increasing portability. 
(b) DEMONSTRATION
PROJECTS.—The Attorney 
General shall make grants to appropriate entities under 
which research is carried out through demonstration 
projects involving coordinated training and commitment of 
resources to law enforcement agencies and key criminal 
justice participants to demonstrate and evaluate the use 
of forensic DNA technology in conjunction with other fo-
rensic tools. The demonstration projects shall include sci-
entific evaluation of the public safety benefits, improve-
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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. 306. 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;
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(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;
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(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. 307. FBI DNA PROGRAMS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Federal Bureau 
of Investigation $42,100,000 for each of fiscal years 2005
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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. 308. DNA IDENTIFICATION OF MISSING PERSONS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to promote the use of forensic DNA technology to 
identify missing persons and unidentified human remains. 
(b) REQUIREMENT.—Each State or unit of local gov-
ernment that receives funding under this section shall be 
required to submit the DNA profiles of such missing per-
sons and unidentified human remains to the National 
Missing Persons DNA Database of the Federal Bureau 
of Investigation. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,000,000 for each of 
fiscal years 2005 through 2009 to carry out this section.
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SEC. 309. 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 $250,000, or impris-
oned for a period of not more than one year. Each instance 
of disclosure, obtaining, or use shall constitute a separate 
offense under this subsection.’’. 
SEC. 310. TRIBAL COALITION GRANTS. 
(a) IN GENERAL.—Section 2001 of title I of the 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 American In-
dian and Alaska Native women;
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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. 311. EXPANSION OF PAUL COVERDELL FORENSIC 
SCIENCES IMPROVEMENT GRANT PROGRAM. 
(a) FORENSIC BACKLOG ELIMINATION GRANTS.— 
Section 2804 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797m) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘shall use the grant to 
carry out’’ and inserting ‘‘shall use the grant to 
do any one or more of the following: 
‘‘(1) To carry out’’; and 
(B) by adding at the end the following:
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‘‘(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—
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(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;
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‘‘(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. 312. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General shall 
submit to Congress a report on the implementation of this 
title and the amendments made by this title. 
(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
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(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 title are carried 
out; 
(3) the distribution of grant amounts under this 
title 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 303 and 304; 
(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 305; 
(6) the steps taken to establish the National 
Forensic Science Commission, and the activities of 
the Commission under section 306;
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(7) the use of funds by the Federal Bureau of 
Investigation under section 307; 
(8) grants awarded and the use of such grants 
by eligible entities to promote the use of forensic 
DNA technology to identify missing persons and un-
identified human remains under section 308; 
(9) grants awarded and the use of such grants 
by eligible entities to eliminate forensic science back-
logs under the amendments made by section 202; 
(10) State compliance with the requirements set 
forth in section 313; and 
(11) any other matters considered relevant by 
the Attorney General. 
TITLE IV—INNOCENCE 
PROTECTION ACT OF 2004 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Innocence Protection 
Act of 2004’’. 
Subtitle A—Exonerating the 
Innocent Through DNA Testing 
SEC. 411. FEDERAL POST-CONVICTION DNA TESTING. 
(a) FEDERAL CRIMINAL PROCEDURE.— 
(1) IN GENERAL.—Part II of title 18, United 
States Code, is amended by inserting after chapter 
228 the following:
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‘‘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 the court finds that all of the following apply: 
‘‘(1) The applicant asserts, under penalty of 
perjury, that the applicant is actually innocent of— 
‘‘(A) the Federal offense for which the ap-
plicant is under a sentence of imprisonment or 
death; or 
‘‘(B) another Federal or State offense, if— 
‘‘(i) 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-
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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— 
‘‘(i) knowingly and voluntarily waive 
the right to request DNA testing of that 
evidence in a court proceeding after the 
date of enactment of the Innocence Protec-
tion Act of 2004; or 
‘‘(ii) knowingly fail to request DNA 
testing of that evidence in a prior motion 
for postconviction DNA testing; or 
‘‘(B) was previously subjected to DNA 
testing and the applicant is requesting DNA 
testing using a new method or technology that
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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 de-
fense 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.
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‘‘(8) The proposed DNA testing of the specific 
evidence may produce new material evidence that 
would— 
‘‘(A) support the theory of defense ref-
erenced in paragraph (6); and 
‘‘(B) raise a reasonable probability that 
the applicant did not commit the offense. 
‘‘(9) The applicant certifies that the applicant 
will provide a DNA sample for purposes of compari-
son. 
‘‘(10) The motion is made in a timely fashion, 
subject to the following conditions: 
‘‘(A) There shall be a rebuttable presump-
tion of timeliness if the motion is made within 
60 months of enactment of the Justice For All 
Act of 2004 or within 36 months of conviction, 
whichever comes later. Such presumption may 
be rebutted upon a showing— 
‘‘(i) that the applicant’s motion for a 
DNA test is based solely upon information 
used in a previously denied motion; or 
‘‘(ii) of clear and convincing evidence 
that applicant’s filing is done solely to 
cause delay or harass.
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‘‘(B) There shall be a rebuttable presump-
tion against timeliness for any motion not satis-
fying subparagraph (A) above. Such presump-
tion may be rebutted upon the court’s finding— 
‘‘(i) that the applicant was or is in-
competent and such incompetence substan-
tially contributed to the delay in the appli-
cant’s motion for a DNA test; 
‘‘(ii) the evidence to be tested is newly 
discovered DNA evidence; 
‘‘(iii) that applicant’s motion is not 
based solely upon the applicant’s own as-
sertion of innocence and, after considering 
all relevant facts and circumstances sur-
rounding the motion, a denial would result 
in a manifest injustice; or 
‘‘(iv) upon good cause shown. 
‘‘(C) For purposes of this paragraph— 
‘‘(i) the term ‘incompetence’ has the 
meaning as defined in section 4241 of title 
18, United States Code; 
‘‘(ii) the term ‘manifest’ means that 
which is unmistakable, clear, plain, or in-
disputable and requires that the opposite 
conclusion be clearly evident.
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‘‘(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
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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
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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-
sive or show that the applicant was the source 
of the DNA evidence, the DNA sample of the 
applicant may be retained in NDIS. 
‘‘(B) MATCH WITH OTHER OFFENSE.—If 
the DNA test results obtained under this 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
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information is not retained in NDIS if there is 
no other legal authority to retain the DNA 
sample of the applicant in NDIS. 
‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE 
AND INCULPATORY RESULTS.— 
‘‘(1) INCONCLUSIVE RESULTS.—If DNA test 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
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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
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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 compelling evidence that 
a new trial would result in an acquittal of— 
‘‘(A) in the case of a motion for a new 
trial, the Federal offense for which the appli-
cant is under a sentence of imprisonment or 
death; and 
‘‘(B) in the case of a motion for resen-
tencing, another Federal or State offense, if evi-
dence of such offense was admitted during a 
Federal death sentencing hearing and exonera-
tion of such offense would entitle the applicant 
to a reduced sentence or a new sentencing pro-
ceeding.
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‘‘(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) NOT A MOTION UNDER SECTION 2255.—A 
motion under this section shall not be considered to 
be a motion under section 2255 for purposes of de-
termining whether the motion or any other motion 
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. 
‘‘(b) DEFINED TERM.—For purposes of this section, 
the term ‘biological evidence’ means— 
‘‘(1) a sexual assault forensic examination kit; 
or 
‘‘(2) semen, blood, saliva, hair, skin tissue, or 
other identified biological material.
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‘‘(c) APPLICABILITY.—Subsection (a) shall not apply 
if— 
‘‘(1) a court has denied a request or motion for 
DNA testing of the biological evidence by the 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 the bio-
logical evidence in a court proceeding conducted 
after the date of enactment of the Innocence Protec-
tion Act of 2004; 
‘‘(3) after a conviction becomes final and the 
defendant has exhausted all opportunities for direct 
review of the conviction, the defendant is notified 
that the biological evidence may be destroyed and 
the defendant does not file a motion under section 
3600 within 180 days of receipt of the notice; 
‘‘(4)(A) the evidence must be returned to its 
rightful owner, or is of such a size, bulk, or physical 
character as to render retention impracticable; and 
‘‘(B) the Government takes reasonable meas-
ures to remove and preserve portions of the material 
evidence sufficient to permit future DNA testing; or 
‘‘(5) the biological evidence has already been 
subjected to DNA testing under section 3600 and
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the results included the defendant as the source of 
such evidence. 
‘‘(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.—Not later than 180 days after 
the date of enactment of the Innocence Protection Act of 
2004, the Attorney General shall promulgate regulations 
to implement and enforce this section, including appro-
priate 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. 
‘‘(g) HABEAS CORPUS.—Nothing in this section shall 
provide a basis for relief in any Federal habeas corpus 
proceeding.’’.
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(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 Federal courts 
shall provide to the Attorney General any requested 
assistance in operating such a system and in ensur-
ing the accuracy and completeness of information in-
cluded in that system. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General 
shall submit a report to Congress that contains— 
(A) a list of motions filed under section 
3600 of title 18, United States Code, as added 
by this title; 
(B) whether DNA testing was ordered pur-
suant to such a motion; 
(C) whether the applicant obtained relief 
on the basis of DNA test results; and
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(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 title, 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. 412. 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.
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(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each of 
fiscal years 2005 through 2009 to carry out this section. 
(c) STATE DEFINED.—For purposes of this section, 
the term ‘‘State’’ means a State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, 
the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands. 
SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CON-
SIDERATION OF CLAIMS OF ACTUAL INNO-
CENCE. 
For each of fiscal years 2005 through 2009, all funds 
appropriated to carry out sections 303, 305, 308, and 412 
shall be reserved for grants to eligible entities that— 
(1) meet the requirements under section 303, 
305, 308, or 412, as appropriate; and 
(2) demonstrate that the State in which the 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 
persons convicted after trial and under a 
sentence of imprisonment or death for a
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State felony offense, in a manner that en-
sures a reasonable process for resolving 
claims of actual innocence; or 
(ii) under a State statute enacted 
after the date of enactment of this Act, or 
under a State rule, regulation, or practice, 
to persons under a sentence of imprison-
ment or death for a State felony offense, 
in a manner comparable to section 3600(a) 
of title 18, United States Code (provided 
that the State statute, rule, regulation, or 
practice may make post-conviction DNA 
testing available in cases in which such 
testing is not required by such section), 
and if the results of such testing exclude 
the applicant, permits the applicant to 
apply for post-conviction relief, notwith-
standing 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
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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-
ment of this Act, in a manner comparable 
to section 3600A of title 18, United States 
Code, if— 
(I) all jurisdictions within the 
State comply with this requirement; 
and 
(II) such jurisdictions may pre-
serve such evidence for longer than 
the period of time that such evidence 
would be required to be preserved 
under such section 3600A.
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(C) indigents who have been sentenced to 
death and who seek review in the Supreme 
Court of the United States; and 
(2) shall not be used to fund, directly or indi-
rectly, representation in specific capital cases. 
(d) APPORTIONMENT OF FUNDS.— 
(1) IN GENERAL.—Of the funds awarded under 
subsection (a)— 
(A) not less than 75 percent shall be used 
to carry out the purpose described in subsection 
(c)(1)(A); and 
(B) not more than 25 percent shall be 
used to carry out the purpose described in sub-
section (c)(1)(B). 
(2) WAIVER.—The Attorney General may waive 
the requirement under this subsection for good cause 
shown. 
(e) EFFECTIVE SYSTEM.—As used in subsection 
(c)(1), an effective system for providing competent legal 
representation is a system that— 
(1) invests the responsibility for appointing 
qualified attorneys to represent indigents in capital 
cases— 
(A) in a public defender program that re-
lies on staff attorneys, members of the private
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bar, or both, to provide representation in cap-
ital cases; 
(B) in an entity established by statute or 
by the highest State court with jurisdiction in 
criminal cases, which is composed of individuals 
with demonstrated knowledge and expertise in 
capital representation; or 
(C) pursuant to a statutory procedure en-
acted before the date of the enactment of this 
Act under which the trial judge is required to 
appoint qualified attorneys from a roster main-
tained by a State or regional selection com-
mittee or similar entity; and 
(2) requires the program described in para-
graph (1)(A), the entity described in paragraph 
(1)(B), or an appropriate entity designated pursuant 
to the statutory procedure described in paragraph 
(1)(C), as applicable, to— 
(A) establish qualifications for attorneys 
who may be appointed to represent indigents in 
capital cases; 
(B) establish and maintain a roster of 
qualified attorneys; 
(C) except in the case of a selection com-
mittee or similar entity described in paragraph
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(1)(C), assign 2 attorneys from the roster to 
represent an indigent in a capital case, or pro-
vide the trial judge a list of not more than 2 
pairs of attorneys from the roster, from which 
1 pair shall be assigned, provided that, in any 
case in which the State elects not to seek the 
death penalty, a court may find, subject to any 
requirement of State law, that a second attor-
ney need not remain assigned to represent the 
indigent to ensure competent representation; 
(D) conduct, sponsor, or approve special-
ized training programs for attorneys rep-
resenting defendants in capital cases; 
(E)(i) monitor the performance of attor-
neys who are appointed and their attendance at 
training programs; and 
‘‘(ii) remove from the roster attorneys 
who— 
‘‘(I) fail to deliver effective represen-
tation or engage in unethical conduct; 
‘‘(II) fail to comply with such require-
ments as such program, entity, or selection 
committee or similar entity may establish 
regarding participation in training pro-
grams; or
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‘‘(III) during the past 5 years, have 
been sanctioned by a bar association or 
court for ethical misconduct relating to the 
attorney’s conduct as defense counsel in a 
criminal case in Federal or State court; 
and 
(F) ensure funding for the cost of com-
petent legal representation by the defense team 
and outside experts selected by counsel, who 
shall be compensated— 
(i) in the case of a State that employs 
a statutory procedure described in para-
graph (1)(C), in accordance with the re-
quirements of that statutory procedure; 
and 
(ii) in all other cases, as follows: 
(I) Attorneys employed by a pub-
lic defender program shall be com-
pensated according to a salary scale 
that is commensurate with the salary 
scale of the prosecutor’s office in the 
jurisdiction. 
(II) Appointed attorneys shall be 
compensated for actual time and serv-
ice, computed on an hourly basis and
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at a reasonable hourly rate in light of 
the qualifications and experience of 
the attorney and the local market for 
legal representation in cases reflecting 
the complexity and responsibility of 
capital cases. 
(III) Non-attorney members of 
the defense team, including investiga-
tors, mitigation specialists, and ex-
perts, shall be compensated at a rate 
that reflects the specialized skills 
needed by those who assist counsel 
with the litigation of death penalty 
cases. 
(IV) Attorney and non-attorney 
members of the defense team shall be 
reimbursed for reasonable incidental 
expenses. 
SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 
(a) IN GENERAL.—The Attorney General shall award 
grants to States for the purpose of enhancing the ability 
of prosecutors to effectively represent the public in State 
capital cases. 
(b) USE OF FUNDS.—
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(1) PERMITTED USES.—Grants awarded under 
subsection (a) shall be used for one or more of the 
following: 
(A) To design and implement training pro-
grams for State and local prosecutors to ensure 
effective representation in State capital cases. 
(B) To develop and implement appropriate 
standards and qualifications for State and local 
prosecutors who litigate State capital cases. 
(C) To assess the performance of State 
and local prosecutors who litigate State capital 
cases, provided that such assessment shall not 
include participation by the assessor in the trial 
of any specific capital case. 
(D) To identify and implement any poten-
tial legal reforms that may be appropriate to 
minimize the potential for error in the trial of 
capital cases. 
(E) To establish a program under which 
State and local prosecutors conduct a system-
atic review of cases in which a death sentence 
was imposed in order to identify cases in which 
post-conviction DNA testing may be appro-
priate.
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(F) To provide support and assistance to 
the families of murder victims. 
(2) PROHIBITED USE.—Grants awarded under 
subsection (a) shall not be used to fund, directly or 
indirectly, the prosecution of specific capital cases. 
SEC. 423. APPLICATIONS. 
(a) IN GENERAL.—The Attorney General shall estab-
lish a process through which a State may apply for a grant 
under this subtitle. 
(b) APPLICATION.— 
(1) IN
GENERAL.—A State desiring a grant 
under this subtitle shall submit an application to the 
Attorney General at such time, in such manner, and 
containing such information as the Attorney General 
may reasonably require. 
(2) CONTENTS.—Each application submitted 
under paragraph (1) shall contain— 
(A) a certification by an appropriate offi-
cer of the State that the State authorizes cap-
ital punishment under its laws and conducts, or 
will conduct, prosecutions in which capital pun-
ishment is sought; 
(B) a description of the communities to be 
served by the grant, including the nature of ex-
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isting capital defender services and capital pros-
ecution programs within such communities; 
(C) a long-term statewide strategy and de-
tailed implementation plan that— 
(i) reflects consultation with the judi-
ciary, the organized bar, and State and 
local prosecutor and defender organiza-
tions; and 
(ii) establishes as a priority improve-
ment in the quality of trial-level represen-
tation of indigents charged with capital 
crimes and trial-level prosecution of capital 
crimes; 
(D) in the case of a State that employs a 
statutory 
procedure 
described 
in 
section 
421(e)(1)(C), a certification by an appropriate 
officer of the State that the State is in substan-
tial compliance with the requirements of the ap-
plicable State statute; and 
(E) assurances that Federal funds received 
under this subtitle shall be— 
(i) used to supplement and not sup-
plant non-Federal funds that would other-
wise be available for activities funded 
under this subtitle; and
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(ii) allocated in accordance with sec-
tion 426(b). 
SEC. 424. STATE REPORTS. 
(a) IN GENERAL.—Each State receiving funds under 
this subtitle shall submit an annual report to the Attorney 
General that— 
(1) identifies the activities carried out with such 
funds; and 
(2) explains how each activity complies with the 
terms and conditions of the grant. 
(b) 
CAPITAL
REPRESENTATION
IMPROVEMENT 
GRANTS.—With respect to the funds provided under sec-
tion 421, a report under subsection (a) shall include— 
(1) an accounting of all amounts expended; 
(2) an explanation of the means by which the 
State— 
(A) invests the responsibility for identi-
fying and appointing qualified attorneys to rep-
resent indigents in capital cases in a program 
described in section 421(e)(1)(A), an entity de-
scribed in section 421(e)(1)(B), or a selection 
committee or similar entity described in section 
421(e)(1)(C); and 
(B) requires such program, entity, or selec-
tion committee or similar entity, or other appro-
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priate entity designated pursuant to the statu-
tory 
procedure 
described 
in 
section 
421(e)(1)(C), to— 
(i) establish qualifications for attor-
neys who may be appointed to represent 
indigents in capital cases in accordance 
with section 421(e)(2)(A); 
(ii) establish and maintain a roster of 
qualified attorneys in accordance with sec-
tion 421(e)(2)(B); 
(iii) assign attorneys from the roster 
in accordance with section 421(e)(2)(C); 
(iv) conduct, sponsor, or approve spe-
cialized training programs for attorneys 
representing defendants in capital cases in 
accordance with section 421(e)(2)(D); 
(v) monitor the performance and 
training program attendance of appointed 
attorneys, and remove from the roster at-
torneys who fail to deliver effective rep-
resentation or fail to comply with such re-
quirements as such program, entity, or se-
lection committee or similar entity may es-
tablish regarding participation in training
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programs, in accordance with section 
421(e)(2)(E); and 
(vi) ensure funding for the cost of 
competent legal representation by the de-
fense team and outside experts selected by 
counsel, 
in 
accordance 
with 
section 
421(e)(2)(F), including a statement setting 
forth— 
(I) if the State employs a public 
defender 
program 
under 
section 
421(e)(1)(A), the salaries received by 
the attorneys employed by such pro-
gram and the salaries received by at-
torneys in the prosecutor’s office in 
the jurisdiction; 
(II) if the State employs ap-
pointed 
attorneys 
under 
section 
421(e)(1)(B), the hourly fees received 
by such attorneys for actual time and 
service and the basis on which the 
hourly rate was calculated; 
(III) the amounts paid to non-at-
torney members of the defense team, 
and the basis on which such amounts 
were determined; and
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(IV) the amounts for which at-
torney and non-attorney members of 
the defense team were reimbursed for 
reasonable incidental expenses; 
(3) in the case of a State that employs a statu-
tory procedure described in section 421(e)(1)(C), an 
assessment of the extent to which the State is in 
compliance with the requirements of the applicable 
State statute; and 
(4) a statement confirming that the funds have 
not been used to fund representation in specific cap-
ital cases or to supplant non-Federal funds. 
(c) 
CAPITAL
PROSECUTION
IMPROVEMENT 
GRANTS.—With respect to the funds provided under sec-
tion 422, a report under subsection (a) shall include— 
(1) an accounting of all amounts expended; 
(2) a description of the means by which the 
State has— 
(A) designed and established training pro-
grams for State and local prosecutors to ensure 
effective representation in State capital cases in 
accordance with section 422(b)(1)(A); 
(B) developed and implemented appro-
priate standards and qualifications for State
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and local prosecutors who litigate State capital 
cases in accordance with section 422(b)(1)(B); 
(C) assessed the performance of State and 
local prosecutors who litigate State capital cases 
in accordance with section 422(b)(1)(C); 
(D) identified and implemented any poten-
tial legal reforms that may be appropriate to 
minimize the potential for error in the trial of 
capital 
cases 
in 
accordance 
with 
section 
422(b)(1)(D); 
(E) established a program under which 
State and local prosecutors conduct a system-
atic review of cases in which a death sentence 
was imposed in order to identify cases in which 
post-conviction DNA testing may be appro-
priate in accordance with section 422(b)(1)(E); 
and 
(F) provided support and assistance to the 
families of murder victims; and 
(3) a statement confirming that the funds have 
not been used to fund the prosecution of specific 
capital cases or to supplant non-Federal funds. 
(d) PUBLIC DISCLOSURE OF ANNUAL STATE RE-
PORTS.—The annual reports to the Attorney General sub-
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mitted by any State under this section shall be made avail-
able to the public. 
SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND AD-
MINISTRATIVE REMEDIES. 
(a) EVALUATION BY INSPECTOR GENERAL.— 
(1) IN GENERAL.—As soon as practicable after 
the end of the first fiscal year for which a State re-
ceives funds under a grant made under this subtitle, 
the Inspector General of the Department of Justice 
(in this section referred to as the ‘‘Inspector Gen-
eral’’) shall— 
(A) submit to the Committee on the Judi-
ciary of the House of Representatives and the 
Committee on the Judiciary of the Senate a re-
port evaluating the compliance by the State 
with the terms and conditions of the grant; and 
(B) if the Inspector General concludes that 
the State is not in compliance with the terms 
and conditions of the grant, specify any defi-
ciencies and make recommendations to the At-
torney General for corrective 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
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State and other comments provided by any other 
person, to be at the highest risk of noncompliance. 
(3) DETERMINATION FOR STATUTORY PROCE-
DURE STATES.—For each State that employs a stat-
utory procedure described in section 421(e)(1)(C), 
the Inspector General shall submit to the Committee 
on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate, 
not later than the end of the first fiscal year for 
which such State receives funds, a determination as 
to whether the State is in substantial compliance 
with the requirements of the applicable State stat-
ute. 
(4) COMMENTS FROM PUBLIC.—The Inspector 
General shall receive and consider comments from 
any member of the public regarding any State’s 
compliance with the terms and conditions of a grant 
made under this subtitle. To facilitate the receipt of 
such comments, the Inspector General shall main-
tain on its website a form that any member of the 
public may submit, either electronically or otherwise, 
providing comments. The Inspector General shall 
give appropriate consideration to all such public 
comments in reviewing reports submitted under sec-
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tion 424 or in establishing the priority for con-
ducting evaluations under this section. 
(b) ADMINISTRATIVE REVIEW.— 
(1) COMMENT.—Upon the submission of a re-
port under subsection (a)(1) or a determination 
under subsection (a)(3), the Attorney General shall 
provide the State with an opportunity to comment 
regarding the findings and conclusions of the report 
or the determination. 
(2) CORRECTIVE ACTION PLAN.—If the Attor-
ney General, after reviewing a report under sub-
section (a)(1) or a determination under subsection 
(a)(3), determines that a State is not in compliance 
with the terms and conditions of the grant, the At-
torney General shall consult with the appropriate 
State authorities to enter into a plan for corrective 
action. If the State does not agree to a plan for cor-
rective action that has been approved by the Attor-
ney General within 90 days after the submission of 
the report under subsection (a)(1) or the determina-
tion under subsection (a)(3), the Attorney General 
shall, within 30 days, issue guidance to the State re-
garding corrective action to bring the State into 
compliance.
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(3) REPORT TO CONGRESS.—Not later than 90 
days after the earlier of the implementation of a cor-
rective action plan or the issuance of guidance under 
paragraph (2), the Attorney General shall submit a 
report to the Committee on the Judiciary of the 
House of Representatives and the Committee on the 
Judiciary of the Senate as to whether the State has 
taken corrective action and is in compliance with the 
terms and conditions of the grant. 
(c) PENALTIES FOR NONCOMPLIANCE.—If the State 
fails to take the prescribed corrective action under sub-
section (b) and is not in compliance with the terms and 
conditions of the grant, the Attorney General shall dis-
continue all further funding under sections 421 and 422 
and require the State to return the funds granted under 
such sections for that fiscal year. Nothing in this para-
graph shall prevent a State which has been subject to pen-
alties for noncompliance from reapplying for a grant under 
this subtitle in another fiscal year. 
(d) PERIODIC REPORTS.—During the grant period, 
the Inspector General shall periodically review the compli-
ance of each State with the terms and conditions of the 
grant. 
(e) ADMINISTRATIVE COSTS.—Not less than 2.5 per-
cent of the funds appropriated to carry out this subtitle
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for each of fiscal years 2005 through 2009 shall be made 
available to the Inspector General for purposes of carrying 
out this section. Such sums shall remain available until 
expended. 
(f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’ 
STATES NOT IN SUBSTANTIAL COMPLIANCE WITH STAT-
UTORY PROCEDURES.— 
(1) IN GENERAL.—In the case of a State that 
employs a statutory procedure described in section 
421(e)(1)(C), if the Inspector General submits a de-
termination under subsection (a)(3) that the State is 
not in substantial compliance with the requirements 
of the applicable State statute, then for the period 
beginning with the date on which that determination 
was submitted and ending on the date on which the 
Inspector General determines that the State is in 
substantial compliance with the requirements of that 
statute, the funds awarded under this subtitle shall 
be allocated solely for the uses described in section 
421. 
(2) RULE
OF
CONSTRUCTION.—The require-
ments of this subsection apply in addition to, and 
not instead of, the other requirements of this sec-
tion.
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SEC. 426. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION FOR GRANTS.—There are au-
thorized to be appropriated $75,000,000 for each of fiscal 
years 2005 through 2009 to carry out this subtitle. 
(b) RESTRICTION ON USE OF FUNDS TO ENSURE 
EQUAL ALLOCATION.—Each State receiving a grant 
under this subtitle shall allocate the funds equally between 
the uses described in section 421 and the uses described 
in section 422, except as provided in section 425(f). 
Subtitle C—Compensation for the 
Wrongfully Convicted 
SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES 
FOR THE WRONGFULLY CONVICTED. 
Section 2513(e) of title 28, United States Code, is 
amended by striking ‘‘exceed the sum of $5,000’’ and in-
serting ‘‘exceed $100,000 for each 12-month period of in-
carceration for any plaintiff who was unjustly sentenced 
to death and $50,000 for each 12-month period of incar-
ceration for any other plaintiff’’. 
SEC. 432. SENSE OF CONGRESS REGARDING COMPENSA-
TION IN STATE DEATH PENALTY CASES. 
It is the sense of Congress that States should provide 
reasonable compensation to any person found to have been
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unjustly convicted of an offense against the State and sen-
tenced to death. 
Passed the House of Representatives October 6, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.