II 
108TH CONGRESS 
1ST SESSION H. R. 3214
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 6, 2003
Received 
DECEMBER 9, 2003
Read twice and referred to the Committee on the Judiciary 
AN ACT 
To eliminate the substantial backlog of DNA samples col-
lected from crime scenes and convicted offenders, to im-
prove and expand the DNA testing capacity of Federal, 
State, and local crime laboratories, to increase research 
and development of new DNA testing technologies, to 
develop new training programs regarding the collection 
and use of DNA evidence, to provide post-conviction 
testing of DNA evidence to exonerate the innocent, to 
improve the performance of counsel in State capital 
cases, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Advancing Justice Through DNA Technology Act of 
2003’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—DEBBIE SMITH ACT OF 2003
Sec. 101. Short title. 
Sec. 102. Debbie Smith DNA Backlog Grant Program. 
Sec. 103. Expansion of Combined DNA Index System. 
Sec. 104. Tolling of statute of limitations. 
Sec. 105. Legal assistance for victims of violence. 
Sec. 106. Ensuring private laboratory assistance in eliminating DNA backlog. 
TITLE II—DNA SEXUAL ASSAULT JUSTICE ACT OF 2003
Sec. 201. Short title. 
Sec. 202. Ensuring public crime laboratory compliance with Federal standards. 
Sec. 203. DNA training and education for law enforcement, correctional per-
sonnel, and court officers. 
Sec. 204. Sexual assault forensic exam program grants. 
Sec. 205. DNA research and development. 
Sec. 206. National Forensic Science Commission. 
Sec. 207. FBI DNA programs. 
Sec. 208. DNA identification of missing persons. 
Sec. 209. Enhanced criminal penalties for unauthorized disclosure or use of 
DNA information. 
Sec. 210. Tribal coalition grants. 
Sec. 211. Expansion of Paul Coverdell Forensic Science Improvement Grant 
Program. 
Sec. 212. Report to Congress. 
TITLE III—INNOCENCE PROTECTION ACT OF 2003
Sec. 301. Short title. 
Subtitle A—Exonerating the Innocent Through DNA Testing 
Sec. 311. Federal post-conviction DNA testing. 
Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program. 
Sec. 313. Incentive grants to States to ensure consideration of claims of actual 
innocence. 
Subtitle B—Improving the Quality of Representation in State Capital Cases 
Sec. 321. Capital representation improvement grants. 
Sec. 322. Capital prosecution improvement grants. 
Sec. 323. Applications.
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Sec. 324. State reports. 
Sec. 325. Evaluations by Inspector General and administrative remedies. 
Sec. 326. Authorization of appropriations. 
Subtitle C—Compensation for the Wrongfully Convicted 
Sec. 331. Increased compensation in Federal cases for the wrongfully convicted. 
Sec. 332. Sense of Congress regarding compensation in State death penalty 
cases.
TITLE I—DEBBIE SMITH ACT OF 
2003
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Debbie Smith Act of 
2003’’. 
SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM. 
(a) DESIGNATION
OF PROGRAM; ELIGIBILITY
OF 
LOCAL GOVERNMENTS AS GRANTEES.—Section 2 of the 
DNA Analysis Backlog Elimination Act of 2000 (42 
U.S.C. 14135) is amended—
(1) by amending the heading to read as follows: 
‘‘SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PRO-
GRAM.’’; 
(2) in subsection (a)—
(A) in the matter preceding paragraph 
(1)—
(i) by inserting ‘‘or units of local gov-
ernment’’ after ‘‘eligible States’’; and 
(ii) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’;
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(B) in paragraph (2), by inserting before 
the period at the end the following: ‘‘, including 
samples from rape kits, samples from other sex-
ual assault evidence, and samples taken in cases 
without an identified suspect’’; and 
(C) in paragraph (3), by striking ‘‘within 
the State’’; 
(3) in subsection (b)—
(A) in the matter preceding paragraph 
(1)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’ both places that 
term appears; and 
(ii) by inserting ‘‘, as required by the 
Attorney 
General’’ 
after 
‘‘application 
shall’’; 
(B) in paragraph (1), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; 
(C) in paragraph (3), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’ the first 
place that term appears; 
(D) in paragraph (4)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and 
(ii) by striking ‘‘and’’ at the end;
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(E) in paragraph (5)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(F) by adding at the end the following: 
‘‘(6) if submitted by a unit of local government, 
certify that the unit of local government has taken, 
or is taking, all necessary steps to ensure that it is 
eligible to include, directly or through a State law 
enforcement agency, all analyses of samples for 
which it has requested funding in the Combined 
DNA Index System; and’’; 
(4) in subsection (d)—
(A) in paragraph (1)—
(i) in the matter preceding subpara-
graph (A), by striking ‘‘The plan’’ and in-
serting ‘‘A plan pursuant to subsection 
(b)(1)’’; 
(ii) in subparagraph (A), by striking 
‘‘within the State’’; and 
(iii) in subparagraph (B), by striking 
‘‘within the State’’; and 
(B) in paragraph (2)(A), by inserting ‘‘and 
units of local government’’ after ‘‘States’’;
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(5) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘or local 
government’’ after ‘‘State’’ both places that 
term appears; and 
(B) in paragraph (2), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; 
(6) in subsection (f), in the matter preceding 
paragraph (1), by inserting ‘‘or unit of local govern-
ment’’ after ‘‘State’’; 
(7) in subsection (g)—
(A) in paragraph (1), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; and 
(B) in paragraph (2), by inserting ‘‘or 
units of local government’’ after ‘‘States’’; and 
(8) in subsection (h), by inserting ‘‘or unit of 
local government’’ after ‘‘State’’ both places that 
term appears. 
(b) REAUTHORIZATION
AND EXPANSION
OF PRO-
GRAM.—Section 2 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135) is amended—
(1) in subsection (a)—
(A) in paragraph (3), by inserting ‘‘(1) or’’ 
before ‘‘(2)’’; and 
(B) by inserting at the end the following:
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‘‘(4) To collect DNA samples specified in para-
graph (1). 
‘‘(5) To ensure that DNA testing and analysis 
of samples from crimes, including sexual assault and 
other serious violent crimes, are carried out in a 
timely manner.’’; 
(2) in subsection (b), as amended by this sec-
tion, by inserting at the end the following: 
‘‘(7) specify that portion of grant amounts that 
the State or unit of local government shall use for 
the purpose specified in subsection (a)(4).’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.—
‘‘(1) IN GENERAL.—The Attorney General shall 
distribute grant amounts, and establish appropriate 
grant conditions under this section, in conformity 
with a formula or formulas that are designed to ef-
fectuate a distribution of funds among eligible 
States and units of local government that—
‘‘(A) maximizes the effective utilization of 
DNA technology to solve crimes and protect 
public safety; and 
‘‘(B) allocates grants among eligible enti-
ties fairly and efficiently to address jurisdic-
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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 
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).
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‘‘(B) For fiscal year 2006, not less than 
50 percent of the grant amounts shall be 
awarded for purposes under subsection (a)(2). 
‘‘(C) For fiscal year 2007, not less than 45 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2). 
‘‘(D) For fiscal year 2008, not less than 
40 percent of the grant amounts shall be 
awarded for purposes under subsection (a)(2). 
‘‘(E) For fiscal year 2009, not less than 40 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2).’’; 
(4) in subsection (g)—
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) a description of the priorities and plan for 
awarding grants among eligible States and units of 
local government, and how such plan will ensure the 
effective use of DNA technology to solve crimes and 
protect public safety.’’; 
(5) in subsection (j), by striking paragraphs (1) 
and (2) and inserting the following:
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‘‘(1) $151,000,000 for fiscal year 2005; 
‘‘(2) $151,000,000 for fiscal year 2006; 
‘‘(3) $151,000,000 for fiscal year 2007; 
‘‘(4) $151,000,000 for fiscal year 2008; and 
‘‘(5) $151,000,000 for fiscal year 2009.’’; and 
(6) by adding at the end the following: 
‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU-
DITS.—The Attorney General may distribute not more 
than 1 percent of the grant amounts under subsection 
(j)—
‘‘(1) to States or units of local government to 
defray the costs incurred by laboratories operated by 
each such State or unit of local government in pre-
paring for accreditation or reaccreditation; 
‘‘(2) in the form of additional grants to States, 
units of local government, or nonprofit professional 
organizations of persons actively involved in forensic 
science and nationally recognized within the forensic 
science community—
‘‘(A) to defray the costs of external audits 
of laboratories operated by such State or unit 
of local government, which participates in the 
National DNA Index System, to determine 
whether the laboratory is in compliance with 
quality assurance standards;
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‘‘(B) to assess compliance with any plans 
submitted to the National Institute of Justice, 
which detail the use of funds received by States 
or units of local government under this Act; 
and 
‘‘(C) to support future capacity building 
efforts; and 
‘‘(3) in the form of additional grants to non-
profit professional associations actively involved in 
forensic science and nationally recognized within the 
forensic science community to defray the costs of 
training persons who conduct external audits of lab-
oratories operated by States and units of local gov-
ernment and which participate in the National DNA 
Index System. 
‘‘(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS.—
In the event that a laboratory operated by a State or unit 
of local government which has received funds under this 
Act has undergone an external audit conducted to deter-
mine whether the laboratory is in compliance with stand-
ards established by the Director of the Federal Bureau 
of Investigation, and, as a result of such audit, identifies 
measures to remedy deficiencies with respect to the com-
pliance by the laboratory with such standards, the State
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or unit of local government shall implement any such re-
mediation as soon as practicable.’’. 
SEC. 103. 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 indicted or 
who have waived indictment for 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 indicted and DNA samples that 
are voluntarily submitted solely for elimination 
purposes shall not be included in the Combined 
DNA Index System;’’; and 
(2) in subsection (d)(2)—
(A) by striking ‘‘if the responsible agency’’ 
and inserting‘‘if—
‘‘(i) the responsible agency’’; 
(B) by striking the period at the end and 
inserting ‘‘; or’’; and
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(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).’’. 
(c) MILITARY OFFENSES.—Section 1565(d) of title 
10, United States Code, is amended to read as follows:
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‘‘(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 
index for purposes of carrying out a one-time key-
board search on information obtained from any