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of fiscal years 2005 through 2009 to carry out this sec-
tion. 
SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM 
GRANTS. 
(a) IN GENERAL.—The Attorney General shall make 
grants to eligible entities to provide training, technical as-
sistance, education, equipment, and information relating 
to the identification, collection, preservation, analysis, and 
use of DNA samples and DNA evidence by medical per-
sonnel and other personnel, including doctors, medical ex-
aminers, coroners, nurses, victim service providers, and 
other professionals involved in treating victims of sexual 
assault and sexual assault examination programs, includ-
ing SANE (Sexual Assault Nurse Examiner), SAFE (Sex-
ual Assault Forensic Examiner), and SART (Sexual As-
sault Response Team). 
(b) ELIGIBLE ENTITY.—For purposes of this section, 
the term ‘‘eligible entity’’ includes—
(1) States; 
(2) units of local government; and 
(3) sexual assault examination programs, in-
cluding—
(A) sexual assault nurse examiner (SANE) 
programs;
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(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. 205. 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
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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. 206. 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;
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(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;
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(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. 207. FBI DNA PROGRAMS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Federal Bureau
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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. 208. 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.
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SEC. 209. 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. 210. 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;
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‘‘(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).’’.
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(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. 211. 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-
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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;
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(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.’’.
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(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. 212. 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;
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(2) the priorities and plan for awarding grants 
among eligible States and units of local government 
to ensure that the purposes of this Act are carried 
out; 
(3) the distribution of grant amounts under this 
Act among eligible States and local governments, 
and whether the distribution of such funds has 
served the purposes of the Debbie Smith DNA 
Backlog Grant Program; 
(4) grants awarded and the use of such grants 
by eligible entities for DNA training and education 
programs for law enforcement, correctional per-
sonnel, court officers, medical personnel, victim serv-
ice providers, and other personnel authorized under 
sections 203 and 204; 
(5) grants awarded and the use of such grants 
by eligible entities to conduct DNA research and de-
velopment programs to improve forensic DNA tech-
nology, and implement demonstration projects under 
section 205; 
(6) the steps taken to establish the National 
Forensic Science Commission, and the activities of 
the Commission under section 206; 
(7) the use of funds by the Federal Bureau of 
Investigation under section 207;
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(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 208; 
(9) grants awarded and the use of such grants 
by eligible entities to eliminate forensic science back-
logs under the amendments made by section 211; 
(10) State compliance with the requirements set 
forth in section 313; and 
(11) any other matters considered relevant by 
the Attorney General. 
TITLE III—INNOCENCE 
PROTECTION ACT OF 2003
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Innocence Protection 
Act of 2003’’. 
Subtitle A—Exonerating the 
Innocent Through DNA Testing 
SEC. 311. FEDERAL POST-CONVICTION DNA TESTING. 
(a) FEDERAL CRIMINAL PROCEDURE.—
(1) IN GENERAL.—Part II of title 18, United 
States Code, is amended by inserting after chapter 
228 the following:
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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—
‘‘(1) the applicant asserts, under penalty of per-
jury, that the applicant is actually innocent of—
‘‘(A) the Federal offense for which the ap-
plicant is under a sentence of imprisonment or 
death; or 
‘‘(B) another Federal or State offense, if—
‘‘(i)(I) such offense was legally nec-
essary to make the applicant eligible for a 
sentence as a career offender under section 
3559(e) or an armed career offender under 
section 924(e), and exoneration of such of-
fense would entitle the applicant to a re-
duced sentence; or 
‘‘(II) evidence of such offense was ad-
mitted during a Federal death sentencing
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hearing and exoneration of such offense 
would entitle the applicant to a reduced 
sentence or new sentencing hearing; and 
‘‘(ii) in the case of a State offense—
‘‘(I) the applicant demonstrates 
that there is no adequate remedy 
under State law to permit DNA test-
ing of the specified evidence relating 
to the State offense; and 
‘‘(II) to the extent available, the 
applicant has exhausted all remedies 
available under State law for request-
ing DNA testing of specified evidence 
relating to the State offense; 
‘‘(2) the specific evidence to be tested was se-
cured in relation to the investigation or prosecution 
of the Federal or State offense referenced in the ap-
plicant’s assertion under paragraph (1); 
‘‘(3) the specific evidence to be tested—
‘‘(A) was not previously subjected to DNA 
testing and the applicant did not knowingly and 
voluntarily waive the right to request DNA test-
ing of that evidence in a court proceeding after 
the date of enactment of the Innocence Protec-
tion Act of 2003; or
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‘‘(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);
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‘‘(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
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‘‘(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