H. R. 5107—32
SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRA-
TIVE REMEDIES.
(a) EVALUATION BY INSPECTOR GENERAL.—
(1) IN GENERAL.—As soon as practicable after the end of
the first fiscal year for which a State receives funds under
a grant made under this subtitle, the Inspector General of
the Department of Justice (in this section referred to as the
‘‘Inspector General’’) shall—
(A) submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate a report evaluating the compliance
by the State with the terms and conditions of the grant;
and
(B) if the Inspector General concludes that the State
is not in compliance with the terms and conditions of
the grant, specify any deficiencies and make recommenda-
tions to the Attorney General for corrective action.
(2) PRIORITY.—In conducting evaluations under this sub-
section, the Inspector General shall give priority to States that
the Inspector General determines, based on information sub-
mitted by the State and other comments provided by any other
person, to be at the highest risk of noncompliance.
(3) DETERMINATION FOR STATUTORY PROCEDURE STATES.—
For each State that employs a statutory procedure described
in section 421(e)(1)(C), the Inspector General shall submit to
the Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate, not later
than the end of the first fiscal year for which such State
receives funds, a determination as to whether the State is
in substantial compliance with the requirements of the
applicable State statute.
(4) COMMENTS FROM PUBLIC.—The Inspector General shall
receive and consider comments from any member of the public
regarding any State’s compliance with the terms and conditions
of a grant made under this subtitle. To facilitate the receipt
of such comments, the Inspector General shall maintain on
its website a form that any member of the public may submit,
either electronically or otherwise, providing comments. The
Inspector General shall give appropriate consideration to all
such public comments in reviewing reports submitted under
section 424 or in establishing the priority for conducting evalua-
tions under this section.
(b) ADMINISTRATIVE REVIEW.—
(1) COMMENT.—Upon the submission of a report under
subsection (a)(1) or a determination under subsection (a)(3),
the Attorney General shall provide the State with an oppor-
tunity to comment regarding the findings and conclusions of
the report or the determination.
(2) CORRECTIVE ACTION PLAN.—If the Attorney General,
after reviewing a report under subsection (a)(1) or a determina-
tion under subsection (a)(3), determines that a State is not
in compliance with the terms and conditions of the grant,
the Attorney General shall consult with the appropriate State
authorities to enter into a plan for corrective action. If the
State does not agree to a plan for corrective action that has
been approved by the Attorney General within 90 days after
the submission of the report under subsection (a)(1) or the
H. R. 5107—33
determination under subsection (a)(3), the Attorney General
shall, within 30 days, issue guidance to the State regarding
corrective action to bring the State into compliance.
(3) REPORT TO CONGRESS.—Not later than 90 days after
the earlier of the implementation of a corrective action plan
or the issuance of guidance under paragraph (2), the Attorney
General shall submit a report to the Committee on the Judiciary
of the House of Representatives and the Committee on the
Judiciary of the Senate as to whether the State has taken
corrective action and is in compliance with the terms and
conditions of the grant.
(c) PENALTIES FOR NONCOMPLIANCE.—If the State fails to take
the prescribed corrective action under subsection (b) and is not
in compliance with the terms and conditions of the grant, the
Attorney General shall discontinue all further funding under sec-
tions 421 and 422 and require the State to return the funds granted
under such sections for that fiscal year. Nothing in this paragraph
shall prevent a State which has been subject to penalties for non-
compliance from reapplying for a grant under this subtitle in
another fiscal year.
(d) PERIODIC REPORTS.—During the grant period, the Inspector
General shall periodically review the compliance of each State with
the terms and conditions of the grant.
(e) ADMINISTRATIVE COSTS.—Not less than 2.5 percent of the
funds appropriated to carry out this subtitle for each of fiscal
years 2005 through 2009 shall be made available to the Inspector
General for purposes of carrying out this section. Such sums shall
remain available until expended.
(f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’ STATES NOT
IN SUBSTANTIAL COMPLIANCE WITH STATUTORY PROCEDURES.—
(1) IN GENERAL.—In the case of a State that employs a
statutory procedure described in section 421(e)(1)(C), if the
Inspector General submits a determination under subsection
(a)(3) that the State is not in substantial compliance with
the requirements of the applicable State statute, then for the
period beginning with the date on which that determination
was submitted and ending on the date on which the Inspector
General determines that the State is in substantial compliance
with the requirements of that statute, the funds awarded under
this subtitle shall be allocated solely for the uses described
in section 421.
(2) RULE OF CONSTRUCTION.—The requirements of this sub-
section apply in addition to, and not instead of, the other
requirements of this section.
SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION FOR GRANTS.—There are authorized to be
appropriated $75,000,000 for each of fiscal years 2005 through
2009 to carry out this subtitle.
(b) RESTRICTION ON USE OF FUNDS TO ENSURE EQUAL ALLOCA-
TION.—Each State receiving a grant under this subtitle shall allo-
cate the funds equally between the uses described in section 421
and the uses described in section 422, except as provided in section
425(f).
H. R. 5107—34
Subtitle C—Compensation for the
Wrongfully Convicted
SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE
WRONGFULLY CONVICTED.
Section 2513(e) of title 28, United States Code, is amended
by striking ‘‘exceed the sum of $5,000’’ and inserting ‘‘exceed
$100,000 for each 12-month period of incarceration for any plaintiff
who was unjustly sentenced to death and $50,000 for each 12-
month period of incarceration for any other plaintiff’’.
SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE
DEATH PENALTY CASES.
It is the sense of Congress that States should provide reason-
able compensation to any person found to have been unjustly con-
victed of an offense against the State and sentenced to death.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.