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, 
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 CAMBELL, 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. 
Sec. 413. Incentive grants to States to ensure consideration of claims of actual 
innocence. 
Subtitle B—Improving the quality of representation in State capital cases 
Sec. 421. Capital representation improvement grants. 
Sec. 422. Capital prosecution improvement grants. 
Sec. 423. Applications. 
Sec. 424. State reports. 
Sec. 425. Evaluations by Inspector General and administrative remedies. 
Sec. 426. Authorization of appropriations. 
Subtitle C—Compensation for the wrongfully convicted 
Sec. 431. Increased compensation in Federal cases for the wrongfully convicted. 
Sec. 432. Sense of Congress regarding compensation in State death penalty 
cases. 
TITLE 
I—SCOTT 
CAMBELL, 
STEPHANIE ROPER, WENDY 
PRESTON, LOUARNA GILLIS, 
AND NILA LYNN CRIME VIC-
TIMS’ RIGHTS ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Scott Campbell, 
Stephanie Roper, Wendy Preston, Louarna Gillis, and 
Nila Lynn Crime Victims’ Rights Act’’.
SEC. 102. CRIME VICTIMS’ RIGHTS. 
(a) AMENDMENT TO TITLE 18.—Part II of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘CHAPTER 237—CRIME VICTIMS’ RIGHTS 
‘‘Sec. 
‘‘3771. Crime victims’ rights. 
‘‘§ 3771. Crime victims’ rights 
‘‘(a) RIGHTS OF CRIME VICTIMS.—A crime victim 
has the following rights: 
‘‘(1) The right to be reasonably protected from 
the accused. 
‘‘(2) The right to reasonable, accurate, and 
timely notice of any public court proceeding involv-
ing the crime or of any release or escape of the ac-
cused. 
‘‘(3) The right not to be excluded from any 
such public court proceeding, unless the court deter-
mines that testimony by the victim would be materi-
ally affected if the victim heard other testimony at 
that proceeding. 
‘‘(4) The right to be reasonably heard at any 
public proceeding involving release, plea, or sen-
tencing. 
‘‘(5) The reasonable right to confer with the at-
torney for the Government in the case.
‘‘(6) The right to full and timely restitution as 
provided in law. 
‘‘(7) The right to proceedings free from unrea-
sonable delay. 
‘‘(8) The right to be treated with fairness and 
with respect for the victim’s dignity and privacy. 
‘‘(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 denying a crime victim 
the right described in subsection (a)(3), the court shall 
make every effort to permit the fullest attendance possible 
by the victim and shall consider reasonable alternatives 
to the exclusion of the victim from the criminal pro-
ceeding. The reasons 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. 
‘‘(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 such motion forthwith. If 
the district court denies the relief sought, the mov-
ant may petition the court of appeals for a writ of 
mandamus. The court of appeals may issue the writ 
on the order of a single judge pursuant to circuit 
rule or the Federal Rules of Appellate Procedure. 
The court of appeals shall take up and decide such 
application forthwith within 72 hours after the peti-
tion has been filed. In no event shall proceedings be 
stayed or subject to a continuance of more than five 
day, or affect the defendant’s right to a speedy trial, 
for purposes of enforcing this chapter. 
‘‘(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, or to reopen a plea or a sen-
tence, except in the case of restitution as provided 
in title 18. 
‘‘(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.— 
‘‘(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 
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-
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 
2009, to the Office for Victims of Crime of the De-
partment of Justice for staff to administer the ap-
propriation for the support of organizations as des-
ignated under paragraph (4);
(4) $7,000,000 for fiscal year 2005 and 
$11,000,000 for each of the fiscal years 2006, 2007, 
2008, and 2009, to the Office for Victims of Crime 
of the Department of Justice, for the support of or-
ganizations that provide legal counsel and support 
services for victims in criminal cases for the enforce-
ment of crime victims’ rights in Federal jurisdic-
tions, and in States and tribal governments that 
have laws substantially equivalent to the provisions 
of chapter 237 of title 18, United States Code; and 
(5) $5,000,000 for fiscal year 2005 and 
$7,000,000 for each of fiscal years 2006, 2007, 
2008, and 2009, to the Office for Victims of Crime 
of the Department of Justice, for the support of— 
(A) training and technical assistance to 
States and tribal jurisdictions to craft state-of- 
the-art victims’ rights laws; and 
(B) training and technical assistance to 
States and tribal jurisdictions to design a vari-
ety of compliance systems, which shall include 
an evaluation component. 
(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— 
‘‘(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 
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 
(ii) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; 
(B) in paragraph (2), by inserting before 
the period at the end the following: ‘‘, including
samples from rape kits, samples from other sex-
ual assault evidence, and samples taken in cases 
without an identified suspect’’; and 
(C) in paragraph (3), by striking ‘‘within 
the State’’; 
(3) in subsection (b)— 
(A) in the matter preceding paragraph 
(1)— 
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’ both places that 
term appears; and 
(ii) by inserting ‘‘, as required by the 
Attorney 
General’’ 
after 
‘‘application 
shall’’; 
(B) in paragraph (1), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; 
(C) in paragraph (3), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’ the first 
place that term appears; 
(D) in paragraph (4)— 
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and 
(ii) by striking ‘‘and’’ at the end; 
(E) in paragraph (5)—
(i) by inserting ‘‘or unit of local gov-
ernment’’ after ‘‘State’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(F) by adding at the end the following: 
‘‘(6) if submitted by a unit of local government, 
certify that the unit of local government has taken, 
or is taking, all necessary steps to ensure that it is 
eligible to include, directly or through a State law 
enforcement agency, all analyses of samples for 
which it has requested funding in the Combined 
DNA Index System; and’’; 
(4) in subsection (d)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘The plan’’ and in-
serting ‘‘A plan pursuant to subsection 
(b)(1)’’; 
(ii) in subparagraph (A), by striking 
‘‘within the State’’; and 
(iii) in subparagraph (B), by striking 
‘‘within the State’’; and 
(B) in paragraph (2)(A), by inserting ‘‘and 
units of local government’’ after ‘‘States’’; 
(5) in subsection (e)—
(A) in paragraph (1), by inserting ‘‘or local 
government’’ after ‘‘State’’ both places that 
term appears; and 
(B) in paragraph (2), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; 
(6) in subsection (f), in the matter preceding 
paragraph (1), by inserting ‘‘or unit of local govern-
ment’’ after ‘‘State’’; 
(7) in subsection (g)— 
(A) in paragraph (1), by inserting ‘‘or unit 
of local government’’ after ‘‘State’’; and 
(B) in paragraph (2), by inserting ‘‘or 
units of local government’’ after ‘‘States’’; and 
(8) in subsection (h), by inserting ‘‘or unit of 
local government’’ after ‘‘State’’ both places that 
term appears. 
(b) REAUTHORIZATION
AND EXPANSION
OF PRO-
GRAM.—Section 2 of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3), by inserting ‘‘(1) or’’ 
before ‘‘(2)’’; and 
(B) by inserting at the end the following: 
‘‘(4) To collect DNA samples specified in para-
graph (1).
‘‘(5) To ensure that DNA testing and analysis 
of samples from crimes, including sexual assault and 
other serious violent crimes, are carried out in a 
timely manner.’’; 
(2) in subsection (b), as amended by this sec-
tion, by inserting at the end the following: 
‘‘(7) specify that portion of grant amounts that 
the State or unit of local government shall use for 
the purpose specified in subsection (a)(4).’’; 
(3) by amending subsection (c) to read as fol-
lows: 
‘‘(c) FORMULA FOR DISTRIBUTION OF GRANTS.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
distribute grant amounts, and establish appropriate 
grant conditions under this section, in conformity 
with a formula or formulas that are designed to ef-
fectuate a distribution of funds among eligible 
States and units of local government that— 
‘‘(A) maximizes the effective utilization of 
DNA technology to solve crimes and protect 
public safety; and 
‘‘(B) allocates grants among eligible enti-
ties fairly and efficiently to address 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 
victims of crime under subsection (a)(2) in accord-
ance with the following limitations: 
‘‘(A) For fiscal year 2005, not less than 50 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2). 
‘‘(B) For fiscal year 2006, not less than 
50 percent of the grant amounts shall be 
awarded for purposes under subsection (a)(2).
‘‘(C) For fiscal year 2007, not less than 45 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2). 
‘‘(D) For fiscal year 2008, not less than 
40 percent of the grant amounts shall be 
awarded for purposes under subsection (a)(2). 
‘‘(E) For fiscal year 2009, not less than 40 
percent of the grant amounts shall be awarded 
for purposes under subsection (a)(2).’’; 
(4) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (2), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(3) a description of the priorities and plan for 
awarding grants among eligible States and units of 
local government, and how such plan will ensure the 
effective use of DNA technology to solve crimes and 
protect public safety.’’; 
(5) in subsection (j), by striking paragraphs (1) 
and (2) and inserting the following: 
‘‘(1) $151,000,000 for fiscal year 2005; 
‘‘(2) $151,000,000 for fiscal year 2006; 
‘‘(3) $151,000,000 for fiscal year 2007;
‘‘(4) $151,000,000 for fiscal year 2008; and 
‘‘(5) $151,000,000 for fiscal year 2009.’’; and 
(6) by adding at the end the following: 
‘‘(k) USE OF FUNDS FOR ACCREDITATION AND AU-
DITS.—The Attorney General may distribute not more 
than 1 percent of the grant amounts under subsection 
(j)— 
‘‘(1) to States or units of local government to 
defray the costs incurred by laboratories operated by 
each such State or unit of local government in pre-
paring for accreditation or reaccreditation; 
‘‘(2) in the form of additional grants to States, 
units of local government, or nonprofit professional 
organizations of persons actively involved in forensic 
science and nationally recognized within the forensic 
science community— 
‘‘(A) to defray the costs of external audits 
of laboratories operated by such State or unit 
of local government, which 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) 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 
or unit of local government shall implement any such re-
mediation 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 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 
(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: 
‘‘(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 
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.’’. 
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, no statute of 
limitations that would otherwise preclude prosecution of 
the offense 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 applica-
ble limitation period.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 213 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘3297. Cases involving DNA evidence.’’. 
(c) APPLICATION.—The amendments made by this 
section shall apply to the prosecution of any offense com-
mitted before, on, or after the date of the enactment of 
this section if the applicable limitation period has not yet 
expired. 
SEC. 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
(C) in paragraph (3), as redesignated by 
subparagraph (A), by inserting ‘‘dating vio-
lence,’’ after ‘‘domestic violence,’’; 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘, dating violence,’’ 
after ‘‘between domestic violence’’; and 
(ii) by inserting ‘‘dating violence,’’ 
after ‘‘victims of domestic violence,’’; 
(B) in paragraph (2), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’; and 
(C) in paragraph (3), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’; 
(4) in subsection (d)— 
(A) in paragraph (1), by inserting ‘‘, dat-
ing violence,’’ after ‘‘domestic violence’’; 
(B) in paragraph (2), by inserting ‘‘, dat-
ing violence,’’ after ‘‘domestic violence’’; 
(C) in paragraph (3), by inserting ‘‘, dat-
ing violence,’’ after ‘‘domestic violence’’; and 
(D) in paragraph (4), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’; 
(5) in subsection (e), by inserting ‘‘dating vio-
lence,’’ after ‘‘domestic violence,’’; and
(6) in subsection (f)(2)(A), by inserting ‘‘dating 
violence,’’ after ‘‘domestic violence,’’. 
SEC. 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. 
‘‘(B) REDEMPTION.—A voucher or con-
tract under subparagraph (A) may be redeemed 
at a laboratory operated by a private entity that 
satisfies quality assurance standards and has 
been approved 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).’’.
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’’.
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 eligible entities to provide training, technical as-
sistance, education, and information relating to the identi-
fication, collection, preservation, analysis, and use of DNA 
samples and DNA evidence. 
(b) ELIGIBLE ENTITY.—For purposes of subsection 
(a), an eligible entity is an organization consisting of, com-
prised of, or representing— 
(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. 
(c) 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-
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; 
(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-
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;
(4) make recommendations to the Attorney 
General for programs that will increase the number 
of qualified forensic scientists available to work in 
public crime laboratories; 
(5) disseminate, through the National Institute 
of Justice, best practices concerning the collection 
and analyses of forensic evidence to help ensure 
quality and consistency in the use of forensic tech-
nologies and techniques to solve crimes and protect 
the public; 
(6) examine additional issues pertaining to fo-
rensic science as requested by the Attorney General; 
(7) examine Federal, State, and local privacy 
protection statutes, regulations, and practices relat-
ing to access to, or use of, stored DNA samples or 
DNA analyses, to determine whether such protec-
tions are sufficient; 
(8) make specific recommendations to the At-
torney General, as necessary, to enhance the protec-
tions described in paragraph (7) to ensure— 
(A) the appropriate use and dissemination 
of DNA information; 
(B) the accuracy, security, and confiden-
tiality of DNA information;
(C) the timely removal and destruction of 
obsolete, expunged, or inaccurate DNA infor-
mation; and 
(D) that any other necessary measures are 
taken to protect privacy; and 
(9) provide a forum for the exchange and dis-
semination of ideas and information in furtherance 
of the objectives described in paragraphs (1) through 
(8). 
(c) PERSONNEL; PROCEDURES.—The Attorney Gen-
eral shall— 
(1) designate the Chair of the Commission from 
among its members; 
(2) designate any necessary staff to assist in 
carrying out the functions of the Commission; and 
(3) establish procedures and guidelines for the 
operations of the Commission. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $500,000 for each of 
fiscal years 2005 through 2009 to carry out this section. 
SEC. 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
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 States and units of local government to promote 
the use of forensic DNA technology to identify missing 
persons and unidentified human remains. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $2,000,000 for each of 
fiscal years 2005 through 2009 to carry out this section.
SEC. 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 $100,000. Each in-
stance 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 Indian women;
‘‘(B) enhancing the response to violence 
against Indian women at the tribal, Federal, 
and State levels; and 
‘‘(C) identifying and providing technical 
assistance to coalition membership and tribal 
communities to enhance access to essential serv-
ices to Indian women victimized by domestic 
and sexual violence. 
‘‘(2) GRANTS TO TRIBAL COALITIONS.—The At-
torney General shall award grants under paragraph 
(1) to— 
‘‘(A) established nonprofit, nongovern-
mental tribal coalitions addressing domestic vio-
lence and sexual assault against Indian women; 
and 
‘‘(B) individuals or organizations that pro-
pose to incorporate as nonprofit, nongovern-
mental tribal coalitions to address domestic vio-
lence and sexual assault against Indian women. 
‘‘(3) ELIGIBILITY
FOR
OTHER
GRANTS.—Re-
ceipt of an award under this subsection by tribal do-
mestic violence and sexual assault coalitions shall 
not preclude the coalition from receiving additional 
grants under this title to carry out the purposes de-
scribed in subsection (b).’’.
(b) TECHNICAL AMENDMENT.—Effective as of No-
vember 2, 2002, and as if included therein as enacted, 
Public Law 107–273 (116 Stat. 1789) is amended in sec-
tion 402(2) by striking ‘‘sections 2006 through 2011’’ and 
inserting ‘‘sections 2007 through 2011’’. 
(c) AMOUNTS.—Section 2007 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (as redesignated by 
section 402(2) of Public Law 107–273, as amended by 
subsection (b)) is amended by amending subsection (b)(4) 
(42 U.S.C. 3796gg–1(b)(4)) to read as follows: 
‘‘(4) 1⁄54 shall be available for grants under sec-
tion 2001(d);’’. 
SEC. 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: 
‘‘(2) To eliminate a backlog in the analysis of 
forensic science evidence, including firearms exam-
ination, latent prints, toxicology, controlled sub-
stances, forensic pathology, questionable documents, 
and trace evidence. 
‘‘(3) To train, assist, and employ forensic lab-
oratory personnel, as needed, to eliminate such a 
backlog.’’; 
(2) in subsection (b), by striking ‘‘under this 
part’’ and inserting ‘‘for the purpose set forth in 
subsection (a)(1)’’; and 
(3) by adding at the end the following: 
‘‘(e) BACKLOG DEFINED.—For purposes of this sec-
tion, a backlog in the analysis of forensic science evidence 
exists if such evidence— 
‘‘(1) has been stored in a laboratory, medical 
examiner’s office, coroner’s office, law enforcement 
storage facility, or medical facility; and 
‘‘(2) has not been subjected to all appropriate 
forensic testing because of a lack of resources or 
personnel.’’. 
(b) EXTERNAL AUDITS.—Section 2802 of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797k) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end;
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) a certification that a government entity ex-
ists and an appropriate process is in place to con-
duct independent external investigations into allega-
tions of serious negligence or misconduct substan-
tially affecting the integrity of the forensic results 
committed by employees or contractors of any foren-
sic laboratory system, medical examiner’s office, 
coroner’s office, law enforcement storage facility, or 
medical facility in the State that will receive a por-
tion of the grant amount.’’. 
(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF 
APPROPRIATIONS.—Section 1001(a)(24) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(24)) is amended— 
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (F), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(G) $20,000,000 for fiscal year 2007; 
‘‘(H) $20,000,000 for fiscal year 2008; and 
‘‘(I) $20,000,000 for fiscal year 2009.’’.
(d) TECHNICAL AMENDMENT.—Section 1001(a) of 
such Act, as amended by subsection (c), is further amend-
ed by realigning paragraphs (24) and (25) so as to be 
flush with the left margin. 
SEC. 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 
Act and the amendments made by this Act. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include a description of— 
(1) the progress made by Federal, State, and 
local entities in— 
(A) collecting and entering DNA samples 
from offenders convicted of qualifying offenses 
for inclusion in the Combined DNA Index Sys-
tem 
(referred 
to 
in 
this 
subsection 
as 
‘‘CODIS’’); 
(B) analyzing samples from crime scenes, 
including evidence collected from sexual as-
saults and other serious violent crimes, and en-
tering such DNA analyses in CODIS; and 
(C) increasing the capacity of forensic lab-
oratories to conduct DNA analyses;
(2) the priorities and plan for awarding grants 
among eligible States and units of local government 
to ensure that the purposes of this Act are carried 
out; 
(3) the distribution of grant amounts under this 
Act among eligible States and local governments, 
and whether the distribution of such funds has 
served the purposes of the Debbie Smith DNA 
Backlog Grant Program; 
(4) grants awarded and the use of such grants 
by eligible entities for DNA training and education 
programs for law enforcement, correctional per-
sonnel, court officers, medical personnel, victim serv-
ice providers, and other personnel authorized under 
sections 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; 
(7) the use of funds by the Federal Bureau of 
Investigation under section 307;
hearing and exoneration of such offense 
would entitle the applicant to a reduced 
sentence or new sentencing hearing; and 
‘‘(ii) in the case of a State offense— 
‘‘(I) the applicant demonstrates 
that there is no adequate remedy 
under State law to permit DNA test-
ing of the specified evidence relating 
to the State offense; and 
‘‘(II) to the extent available, the 
applicant has exhausted all remedies 
available under State law for request-
ing DNA testing of specified evidence 
relating to the State offense; 
‘‘(2) the specific evidence to be tested was se-
cured in relation to the investigation or prosecution 
of the Federal or State offense referenced in the ap-
plicant’s assertion under paragraph (1); 
‘‘(3) the specific evidence to be tested— 
‘‘(A) was not previously subjected to DNA 
testing and the applicant did not knowingly and 
voluntarily waive the right to request DNA test-
ing of that evidence in a court proceeding after 
the date of enactment of the Innocence Protec-
tion Act of 2004; or
‘‘(B) was previously subjected to DNA 
testing and the applicant is requesting DNA 
testing using a new method or technology that 
is substantially more probative than the prior 
DNA testing; 
‘‘(4) the specific evidence to be tested is in the 
possession of the Government and has been subject 
to a chain of custody and retained under conditions 
sufficient to ensure that such evidence has not been 
substituted, contaminated, tampered with, replaced, 
or altered in any respect material to the proposed 
DNA testing; 
‘‘(5) the proposed DNA testing is reasonable in 
scope, uses scientifically sound methods, and is con-
sistent with accepted forensic practices; 
‘‘(6) the applicant identifies a theory of defense 
that— 
‘‘(A) is not inconsistent with an affirmative 
defense presented at trial; and 
‘‘(B) would establish the actual innocence 
of the applicant of the Federal or State offense 
referenced in the applicant’s assertion under 
paragraph (1);
‘‘(7) if the applicant was convicted following a 
trial, the identity of the perpetrator was at issue in 
the trial; 
‘‘(8) the proposed DNA testing of the specific 
evidence— 
‘‘(A) would produce new material evidence 
to support the theory of defense referenced in 
paragraph (6); and 
‘‘(B) assuming the DNA test result ex-
cludes the applicant, would raise a reasonable 
probability that the applicant did not commit 
the offense; 
‘‘(9) the applicant certifies that the applicant 
will provide a DNA sample for purposes of compari-
son; and 
‘‘(10) the applicant’s motion is filed for the 
purpose of demonstrating the applicant’s actual in-
nocence of the Federal or State offense, and not to 
delay the execution of the sentence or the adminis-
tration of justice. 
‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION 
ORDER; APPOINTMENT OF COUNSEL.— 
‘‘(1) NOTICE.—Upon the receipt of a motion 
filed under subsection (a), the court shall— 
‘‘(A) notify the Government; and
‘‘(B) allow the Government a reasonable 
time period to respond to the motion. 
‘‘(2) PRESERVATION
ORDER.—To the extent 
necessary to carry out proceedings under this sec-
tion, the court shall direct the Government to pre-
serve the specific evidence relating to a motion under 
subsection (a). 
‘‘(3) APPOINTMENT OF COUNSEL.—The court 
may appoint counsel for an indigent applicant under 
this section in the same manner as in a proceeding 
under section 3006A(a)(2)(B). 
‘‘(c) TESTING PROCEDURES.— 
‘‘(1) IN GENERAL.—The court shall direct that 
any DNA testing ordered under this section be car-
ried out by the Federal Bureau of Investigation. 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), the court may order DNA testing by another 
qualified laboratory if the court makes all necessary 
orders to ensure the integrity of the specific evidence 
and the reliability of the testing process and test re-
sults. 
‘‘(3) COSTS.—The costs of any DNA testing or-
dered under this section shall be paid— 
‘‘(A) by the applicant; or
‘‘(B) in the case of an applicant who is in-
digent, by the Government. 
‘‘(d) TIME LIMITATION IN CAPITAL CASES.—In any 
case in which the applicant is sentenced to death— 
‘‘(1) any DNA testing ordered under this sec-
tion shall be completed not later than 60 days after 
the date on which the Government responds to the 
motion filed under subsection (a); and 
‘‘(2) not later than 120 days after the date on 
which the DNA testing ordered under this section is 
completed, the court shall order any post-testing 
procedures under subsection (f) or (g), as appro-
priate. 
‘‘(e) REPORTING OF TEST RESULTS.— 
‘‘(1) IN GENERAL.—The results of any DNA 
testing ordered under this section shall be simulta-
neously disclosed to the court, the applicant, and the 
Government. 
‘‘(2) NDIS.—The Government shall submit any 
test results relating to the DNA of the applicant to 
the National DNA Index System (referred to in this 
subsection as ‘NDIS’). 
‘‘(3) RETENTION OF DNA SAMPLE.— 
‘‘(A) ENTRY INTO NDIS.—If the DNA test 
results obtained under this section are inconclu-