(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.
(e) INCREASED PENALTIES FOR MISUSE OF DNA
ANALYSES.—(1) Section 210305(c)(2) of the DNA Identi-
fication Act of 1994 (42 U.S.C. 14133(c)(2)) is amended
by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or im-
prisoned for a period of not more than one year, or both’’.
(2) Section 10(c) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135e(c)) is amend-
ed by striking ‘‘$100,000’’ and inserting ‘‘$250,000, or
imprisoned for a period of not more than one year, or
both’’.
(f) REPORT TO CONGRESS.—If the Department of
Justice plans to modify or supplement the core genetic
markers needed for compatibility with the CODIS system,
it shall notify the Judiciary Committee of the Senate and
the Judiciary Committee of the House of Representatives
in writing not later than 180 days before any change is
made and explain the reasons for such change.
SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 3297. Cases involving DNA evidence
‘‘In a case in which DNA testing implicates an identi-
fied person in the commission of a felony, except for a
felony offense under chapter 109A, no statute of limita-
tions that would otherwise preclude prosecution of the of-
fense shall preclude such prosecution until a period of time
following the implication of the person by DNA testing
has elapsed that is equal to the otherwise applicable limi-
tation period.’’.
(b) CLERICAL AMENDMENT.—The table of sections
for chapter 213 of title 18, United States Code, is amend-
ed by adding at the end the following:
‘‘3297. Cases involving DNA evidence.’’.
(c) APPLICATION.—The amendments made by this
section shall apply to the prosecution of any offense com-
mitted before, on, or after the date of the enactment of
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, even
if the laboratory makes a reasonable profit for
the services.
‘‘(B) REDEMPTION.—A voucher or con-
tract under subparagraph (A) may be redeemed
at a laboratory operated on a nonprofit or for-
profit basis, by a private entity that satisfies
quality assurance standards and has been ap-
proved by the Attorney General.
‘‘(C) PAYMENTS.—The Attorney General
may use amounts authorized under subsection
(j) to make payments to a laboratory described
under subparagraph (B).’’.
SEC. 303. DNA TRAINING AND EDUCATION FOR LAW EN-
FORCEMENT, 
CORRECTIONAL 
PERSONNEL,
AND COURT OFFICERS.
(a) IN GENERAL.—The Attorney General shall make
grants to provide training, technical assistance, education,
and information relating to the identification, collection,
preservation, analysis, and use of DNA samples and DNA
evidence by—
(1) law enforcement personnel, including police
officers and other first responders, evidence techni-
cians, investigators, and others who collect or exam-
ine evidence of crime;
(2) court officers, including State and local
prosecutors, defense lawyers, and judges;
(3) forensic science professionals; and
(4) corrections personnel, including prison and
jail personnel, and probation, parole, and other offi-
cers involved in supervision.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $12,500,000 for each
of fiscal years 2005 through 2009 to carry out this sec-
tion.
SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM
GRANTS.
(a) IN GENERAL.—The Attorney General shall make
grants to eligible entities to provide training, technical as-
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,
including—
(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 promote the use of forensic DNA technology to
identify missing persons and unidentified human remains.
(b) REQUIREMENT.—Each State or unit of local gov-
ernment that receives funding under this section shall be
required to submit the DNA profiles of such missing per-
sons and unidentified human remains to the National
Missing Persons DNA Database of the Federal Bureau
of Investigation.
(c) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $2,000,000 for each of
fiscal years 2005 through 2009 to carry out this section.
SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAU-
THORIZED DISCLOSURE OR USE OF DNA IN-
FORMATION.
Section 10(c) of the DNA Analysis Backlog Elimi-
nation Act of 2000 (42 U.S.C. 14135e(c)) is amended to
read as follows:
‘‘(c) CRIMINAL PENALTY.—A person who knowingly
discloses a sample or result described in subsection (a) in
any manner to any person not authorized to receive it,
or obtains or uses, without authorization, such sample or
result, shall be fined not more than $250,000, or impris-
oned for a period of not more than one year. Each instance
of disclosure, obtaining, or use shall constitute a separate
offense under this subsection.’’.
SEC. 310. TRIBAL COALITION GRANTS.
(a) IN GENERAL.—Section 2001 of title I of the Om-
nibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796gg) is amended by adding at the end the fol-
lowing:
‘‘(d) TRIBAL COALITION GRANTS.—
‘‘(1) PURPOSE.—The Attorney General shall
award grants to tribal domestic violence and sexual
assault coalitions for purposes of—
‘‘(A) increasing awareness of domestic vio-
lence and sexual assault against American In-
dian and Alaska Native women;
‘‘(B) enhancing the response to violence
against American Indian and Alaska Native
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 American 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 American In-
dian and Alaska Native 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 American In-
dian and Alaska Native 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
title and the amendments made by this title.
(b) CONTENTS.—The report submitted under sub-
section (a) shall include a description of—
(1) the progress made by Federal, State, and
local entities in—
(A) collecting and entering DNA samples
from offenders convicted of qualifying offenses
for inclusion in the Combined DNA Index Sys-
tem 
(referred 
to 
in 
this 
subsection 
as
‘‘CODIS’’);
(B) analyzing samples from crime scenes,
including evidence collected from sexual as-
saults and other serious violent crimes, and en-
tering such DNA analyses in CODIS; and
(C) increasing the capacity of forensic lab-
oratories to conduct DNA analyses;
(2) the priorities and plan for awarding grants
among eligible States and units of local government
to ensure that the purposes of this title are carried
out;
(3) the distribution of grant amounts under this
title among eligible States and local governments,
and whether the distribution of such funds has
served the purposes of the Debbie Smith DNA
Backlog Grant Program;
(4) grants awarded and the use of such grants
by eligible entities for DNA training and education
programs for law enforcement, correctional per-
sonnel, court officers, medical personnel, victim serv-
ice providers, and other personnel authorized under
sections 303 and 304;
(5) grants awarded and the use of such grants
by eligible entities to conduct DNA research and de-
velopment programs to improve forensic DNA tech-
nology, and implement demonstration projects under
section 305;
(6) the steps taken to establish the National
Forensic Science Commission, and the activities of
the Commission under section 306;
(7) the use of funds by the Federal Bureau of
Investigation under section 307;
(8) grants awarded and the use of such grants
by eligible entities to promote the use of forensic
DNA technology to identify missing persons and un-
identified human remains under section 308;
(9) grants awarded and the use of such grants
by eligible entities to eliminate forensic science
backlogs under the amendments made by section
202;
(10) State compliance with the requirements set
forth in section 313; and
(11) any other matters considered relevant by
the Attorney General.
TITLE IV—INNOCENCE
PROTECTION ACT OF 2004
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Innocence Protection
Act of 2004’’.
Subtitle A—Exonerating the
Innocent Through DNA Testing
SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.
(a) FEDERAL CRIMINAL PROCEDURE.—
(1) IN GENERAL.—Part II of title 18, United
States Code, is amended by inserting after chapter
228 the following:
‘‘CHAPTER 228A—POST-CONVICTION DNA
TESTING
‘‘Sec.
‘‘3600. DNA testing.
‘‘3600A. Preservation of biological evidence.
‘‘§ 3600. DNA testing
‘‘(a) IN GENERAL.—Upon a written motion by an in-
dividual under a sentence of imprisonment or death pursu-
ant to a conviction for a Federal offense (referred to in
this section as the ‘applicant’), the court that entered the
judgment of conviction shall order DNA testing of specific
evidence if the court finds that all of the following apply:
‘‘(1) The applicant asserts, under penalty of
perjury, that the applicant is actually innocent of—
‘‘(A) the Federal offense for which the ap-
plicant is under a sentence of imprisonment or
death; or
‘‘(B) another Federal or State offense, if—
‘‘(i) evidence of such offense was ad-
mitted during a Federal death sentencing
hearing and exoneration of such offense
would entitle the applicant to a reduced
sentence or new sentencing hearing; and
‘‘(ii) in the case of a State offense—
‘‘(I) the applicant demonstrates
that there is no adequate remedy
under State law to permit DNA test-
ing of the specified evidence relating
to the State offense; and
‘‘(II) to the extent available, the
applicant has exhausted all remedies
available under State law for request-
ing DNA testing of specified evidence
relating to the State offense.
‘‘(2) The specific evidence to be tested was se-
cured in relation to the investigation or prosecution
of the Federal or State offense referenced in the ap-
plicant’s assertion under paragraph (1).
‘‘(3) The specific evidence to be tested—
‘‘(A) was not previously subjected to DNA
testing and the applicant did not—
‘‘(i) knowingly and voluntarily waive
the right to request DNA testing of that
evidence in a court proceeding after the
date of enactment of the Innocence Protec-
tion Act of 2004; or
‘‘(ii) knowingly fail to request DNA
testing of that evidence in a prior motion
for postconviction DNA testing; or
‘‘(B) was previously subjected to DNA
testing and the applicant is requesting DNA
testing using a new method or technology that
is substantially more probative than the prior
DNA testing.
‘‘(4) The specific evidence to be tested is in the
possession of the Government and has been subject
to a chain of custody and retained under conditions
sufficient to ensure that such evidence has not been
substituted, contaminated, tampered with, replaced,
or altered in any respect material to the proposed
DNA testing.
‘‘(5) The proposed DNA testing is reasonable in
scope, uses scientifically sound methods, and is con-
sistent with accepted forensic practices.
‘‘(6) The applicant identifies a theory of de-
fense that—
‘‘(A) is not inconsistent with an affirmative
defense presented at trial; and
‘‘(B) would establish the actual innocence
of the applicant of the Federal or State offense
referenced in the applicant’s assertion under
paragraph (1).
‘‘(7) If the applicant was convicted following a
trial, the identity of the perpetrator was at issue in
the trial.
‘‘(8) The proposed DNA testing of the specific
evidence may produce new material evidence that
would—
‘‘(A) support the theory of defense ref-
erenced in paragraph (6); and
‘‘(B) raise a reasonable probability that
the applicant did not commit the offense.
‘‘(9) The applicant certifies that the applicant
will provide a DNA sample for purposes of compari-
son.
‘‘(10) The motion is made in a timely fashion,
subject to the following conditions:
‘‘(A) There shall be a rebuttable presump-
tion of timeliness if the motion is made within
60 months of enactment of the Justice For All
Act of 2004 or within 36 months of conviction,
whichever comes later. Such presumption may
be rebutted upon a showing—
‘‘(i) that the applicant’s motion for a
DNA test is based solely upon information
used in a previously denied motion; or
‘‘(ii) of clear and convincing evidence
that applicant’s filing is done solely to
cause delay or harass.
‘‘(B) There shall be a rebuttable presump-
tion against timeliness for any motion not satis-
fying subparagraph (A) above. Such presump-
tion may be rebutted upon the court’s finding—
‘‘(i) that the applicant was or is in-
competent and such incompetence substan-
tially contributed to the delay in the appli-
cant’s motion for a DNA test;
‘‘(ii) the evidence to be tested is newly
discovered DNA evidence;
‘‘(iii) that applicant’s motion is not
based solely upon the applicant’s own as-
sertion of innocence and, after considering
all relevant facts and circumstances sur-
rounding the motion, a denial would result
in a manifest injustice; or
‘‘(iv) upon good cause shown.
‘‘(C) For purposes of this paragraph—
‘‘(i) the term ‘incompetence’ has the
meaning as defined in section 4241 of title
18, United States Code;
‘‘(ii) the term ‘manifest’ means that
which is unmistakable, clear, plain, or in-
disputable and requires that the opposite
conclusion be clearly evident.
‘‘(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-
sive or show that the applicant was the source
of the DNA evidence, the DNA sample of the
applicant may be retained in NDIS.
‘‘(B) MATCH WITH OTHER OFFENSE.—If
the DNA test results obtained under this sec-
tion exclude the applicant as the source of the
DNA evidence, and a comparison of the DNA
sample of the applicant results in a match be-
tween the DNA sample of the applicant and an-
other offense, the Attorney General shall notify
the appropriate agency and preserve the DNA
sample of the applicant.
‘‘(C) NO MATCH.—If the DNA test results
obtained under this section exclude the appli-
cant as the source of the DNA evidence, and a
comparison of the DNA sample of the applicant
does not result in a match between the DNA
sample of the applicant and another offense,
the Attorney General shall destroy the DNA
sample of the applicant and ensure that such
information is not retained in NDIS if there is
no other legal authority to retain the DNA
sample of the applicant in NDIS.
‘‘(f) POST-TESTING PROCEDURES; INCONCLUSIVE
AND INCULPATORY RESULTS.—
‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re-
sults obtained under this section are inconclusive,
the court may order further testing, if appropriate,
or may deny the applicant relief.
‘‘(2) INCULPATORY RESULTS.—If DNA test re-
sults obtained under this section show that the ap-
plicant was the source of the DNA evidence, the
court shall—
‘‘(A) deny the applicant relief; and
‘‘(B) on motion of the Government—
‘‘(i) make a determination whether
the applicant’s assertion of actual inno-
cence was false, and, if the court makes
such a finding, the court may hold the ap-
plicant in contempt;
‘‘(ii) assess against the applicant the
cost of any DNA testing carried out under
this section;
‘‘(iii) forward the finding to the Direc-
tor of the Bureau of Prisons, who, upon
receipt of such a finding, may deny, wholly
or in part, the good conduct credit author-
ized under section 3632 on the basis of
that finding;
‘‘(iv) if the applicant is subject to the
jurisdiction of the United States Parole
Commission, forward the finding to the
Commission so that the Commission may
deny parole on the basis of that finding;
and
‘‘(v) if the DNA test results relate to
a State offense, forward the finding to any
appropriate State official.
‘‘(3) SENTENCE.—In any prosecution of an ap-
plicant under chapter 79 for false assertions or other
conduct in proceedings under this section, the court,
upon conviction of the applicant, shall sentence the
applicant to a term of imprisonment of not less than
3 years, which shall run consecutively to any other
term of imprisonment the applicant is serving.
‘‘(g) POST-TESTING
PROCEDURES; MOTION
FOR
NEW TRIAL OR RESENTENCING.—
‘‘(1) IN GENERAL.—Notwithstanding any law
that would bar a motion under this paragraph as
untimely, if DNA test results obtained under this
section exclude the applicant as the source of the
DNA evidence, the applicant may file a motion for
a new trial or resentencing, as appropriate. The
court shall establish a reasonable schedule for the
applicant to file such a motion and for the Govern-
ment to respond to the motion.
‘‘(2) STANDARD FOR GRANTING MOTION FOR
NEW
TRIAL
OR
RESENTENCING.—The court shall
grant the motion of the applicant for a new trial or
resentencing, as appropriate, if the DNA test re-
sults, when considered with all other evidence in the
case (regardless of whether such evidence was intro-
duced at trial), establish by compelling evidence that
a new trial would result in an acquittal of—
‘‘(A) in the case of a motion for a new
trial, the Federal offense for which the appli-
cant is under a sentence of imprisonment or
death; and
‘‘(B) in the case of a motion for resen-
tencing, another Federal or State offense, if evi-
dence of such offense was admitted during a
Federal death sentencing hearing and exonera-
tion of such offense would entitle the applicant
to a reduced sentence or a new sentencing pro-
ceeding.
‘‘(h) OTHER LAWS UNAFFECTED.—
‘‘(1) POST-CONVICTION
RELIEF.—Nothing in
this section shall affect the circumstances under
which a person may obtain DNA testing or post-con-
viction relief under any other law.
‘‘(2) HABEAS CORPUS.—Nothing in this section
shall provide a basis for relief in any Federal habeas
corpus proceeding.
‘‘(3) NOT A MOTION UNDER SECTION 2255.—A
motion under this section shall not be considered to
be a motion under section 2255 for purposes of de-
termining whether the motion or any other motion
is a second or successive motion under section 2255.
‘‘§ 3600A. Preservation of biological evidence
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Government shall preserve biological evi-
dence that was secured in the investigation or prosecution
of a Federal offense, if a defendant is under a sentence
of imprisonment for such offense.
‘‘(b) DEFINED TERM.—For purposes of this section,
the term ‘biological evidence’ means—
‘‘(1) a sexual assault forensic examination kit;
or
‘‘(2) semen, blood, saliva, hair, skin tissue, or
other identified biological material.
‘‘(c) APPLICABILITY.—Subsection (a) shall not apply
if—
‘‘(1) a court has denied a request or motion for
DNA testing of the biological evidence by the de-
fendant under section 3600, and no appeal is pend-
ing;
‘‘(2) the defendant knowingly and voluntarily
waived the right to request DNA testing of the bio-
logical evidence in a court proceeding conducted
after the date of enactment of the Innocence Protec-
tion Act of 2004;
‘‘(3) after a conviction becomes final and the
defendant has exhausted all opportunities for direct
review of the conviction, the defendant is notified
that the biological evidence may be destroyed and
the defendant does not file a motion under section
3600 within 180 days of receipt of the notice;
‘‘(4)(A) the evidence must be returned to its
rightful owner, or is of such a size, bulk, or physical
character as to render retention impracticable; and
‘‘(B) the Government takes reasonable meas-
ures to remove and preserve portions of the material
evidence sufficient to permit future DNA testing; or
‘‘(5) the biological evidence has already been
subjected to DNA testing under section 3600 and
the results included the defendant as the source of
such evidence.
‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth-
ing in this section shall preempt or supersede any statute,
regulation, court order, or other provision of law that may
require evidence, including biological evidence, to be pre-
served.
‘‘(e) REGULATIONS.—Not later than 180 days after
the date of enactment of the Innocence Protection Act of
2004, the Attorney General shall promulgate regulations
to implement and enforce this section, including appro-
priate disciplinary sanctions to ensure that employees
comply with such regulations.
‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and
intentionally destroys, alters, or tampers with biological
evidence that is required to be preserved under this section
with the intent to prevent that evidence from being sub-
jected to DNA testing or prevent the production or use
of that evidence in an official proceeding, shall be fined
under this title, imprisoned for not more than 5 years,
or both.
‘‘(g) HABEAS CORPUS.—Nothing in this section shall
provide a basis for relief in any Federal habeas corpus
proceeding.’’.
(2) CLERICAL AMENDMENT.—The chapter anal-
ysis for part II of title 18, United States Code, is
amended by inserting after the item relating to
chapter 228 the following:
‘‘228A. Post-conviction DNA testing ........................................... 3600’’.
(b) SYSTEM FOR REPORTING MOTIONS.—
(1) ESTABLISHMENT.—The Attorney General
shall establish a system for reporting and tracking
motions filed in accordance with section 3600 of title
18, United States Code.
(2) OPERATION.—In operating the system es-
tablished under paragraph (1), the Federal courts
shall provide to the Attorney General any requested
assistance in operating such a system and in ensur-
ing the accuracy and completeness of information in-
cluded in that system.
(3) REPORT.—Not later than 2 years after the
date of enactment of this Act, the Attorney General
shall submit a report to Congress that contains—
(A) a list of motions filed under section
3600 of title 18, United States Code, as added
by this title;
(B) whether DNA testing was ordered pur-
suant to such a motion;
(C) whether the applicant obtained relief
on the basis of DNA test results; and
(D) whether further proceedings occurred
following a granting of relief and the outcome
of such proceedings.
(4) ADDITIONAL INFORMATION.—The report re-
quired to be submitted under paragraph (3) may in-
clude any other information the Attorney General
determines to be relevant in assessing the operation,
utility, or costs of section 3600 of title 18, United
States Code, as added by this title, and any rec-
ommendations the Attorney General may have relat-
ing to future legislative action concerning that sec-
tion.
(c) EFFECTIVE DATE; APPLICABILITY.—This section
and the amendments made by this section shall take effect
on the date of enactment of this Act and shall apply with
respect to any offense committed, and to any judgment
of conviction entered, before, on, or after that date of en-
actment.
SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA
TESTING GRANT PROGRAM.
(a) IN GENERAL.—The Attorney General shall estab-
lish the Kirk Bloodsworth Post-Conviction DNA Testing
Grant Program to award grants to States to help defray
the costs of post-conviction DNA testing.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated $5,000,000 for each of
fiscal years 2005 through 2009 to carry out this section.
(c) STATE DEFINED.—For purposes of this section,
the term ‘‘State’’ means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands.
SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CON-
SIDERATION OF CLAIMS OF ACTUAL INNO-
CENCE.
For each of fiscal years 2005 through 2009, all funds
appropriated to carry out sections 303, 305, 308, and 412
shall be reserved for grants to eligible entities that—
(1) meet the requirements under section 303,
305, 308, or 412, as appropriate; and
(2) demonstrate that the State in which the eli-
gible entity operates—
(A) provides post-conviction DNA testing
of specified evidence—
(i) under a State statute enacted be-
fore the date of enactment of this Act (or
extended or renewed after such date), to
persons convicted after trial and under a
sentence of imprisonment or death for a
State felony offense, in a manner that en-
sures a reasonable process for resolving
claims of actual innocence; or
(ii) under a State statute enacted
after the date of enactment of this Act, or
under a State rule, regulation, or practice,
to persons under a sentence of imprison-
ment or death for a State felony offense,
in a manner comparable to section 3600(a)
of title 18, United States Code (provided
that the State statute, rule, regulation, or
practice may make post-conviction DNA
testing available in cases in which such
testing is not required by such section),
and if the results of such testing exclude
the applicant, permits the applicant to
apply for post-conviction relief, notwith-
standing any provision of law that would
otherwise bar such application as untimely;
and
(B) preserves biological evidence secured in
relation to the investigation or prosecution of a
State offense—
(i) under a State statute or a State or
local rule, regulation, or practice, enacted
or adopted before the date of enactment of
this Act (or extended or renewed after
such date), in a manner that ensures that
reasonable measures are taken by all juris-
dictions within the State to preserve such
evidence; or
(ii) under a State statute or a State
or local rule, regulation, or practice, en-
acted or adopted after the date of enact-
ment of this Act, in a manner comparable
to section 3600A of title 18, United States
Code, if—
(I) all jurisdictions within the
State comply with this requirement;
and
(II) such jurisdictions may pre-
serve such evidence for longer than
the period of time that such evidence
would be required to be preserved
under such section 3600A.
Subtitle B—Improving the Quality
of Representation in State Cap-
ital Cases
SEC. 
421. 
CAPITAL 
REPRESENTATION 
IMPROVEMENT
GRANTS.
(a) IN GENERAL.—The Attorney General shall award
grants to States for the purpose of improving the quality
of legal representation provided to indigent defendants in
State capital cases.
(b) DEFINED TERM.—In this section, the term ‘‘legal
representation’’ means legal counsel and investigative, ex-
pert, and other services necessary for competent represen-
tation.
(c) USE OF FUNDS.—Grants awarded under sub-
section (a)—
(1) shall be used to establish, implement, or im-
prove an effective system for providing competent
legal representation to—
(A) indigents charged with an offense sub-
ject to capital punishment;
(B) indigents who have been sentenced to
death and who seek appellate or collateral relief
in State court; and
(C) indigents who have been sentenced to
death and who seek review in the Supreme
Court of the United States; and
(2) shall not be used to fund, directly or indi-
rectly, representation in specific capital cases.
(d) APPORTIONMENT OF FUNDS.—
(1) IN GENERAL.—Of the funds awarded under
subsection (a)—
(A) not less than 75 percent shall be used
to carry out the purpose described in subsection
(c)(1)(A); and
(B) not more than 25 percent shall be
used to carry out the purpose described in sub-
section (c)(1)(B).
(2) WAIVER.—The Attorney General may waive
the requirement under this subsection for good cause
shown.
(e) EFFECTIVE SYSTEM.—As used in subsection
(c)(1), an effective system for providing competent legal
representation is a system that—
(1) invests the responsibility for appointing
qualified attorneys to represent indigents in capital
cases—
(A) in a public defender program that re-
lies on staff attorneys, members of the private
(1)(C), assign 2 attorneys from the roster to
represent an indigent in a capital case, or pro-
vide the trial judge a list of not more than 2
pairs of attorneys from the roster, from which
1 pair shall be assigned, provided that, in any
case in which the State elects not to seek the
death penalty, a court may find, subject to any
requirement of State law, that a second attor-
ney need not remain assigned to represent the
indigent to ensure competent representation;
(D) conduct, sponsor, or approve special-
ized training programs for attorneys rep-
resenting defendants in capital cases;
(E)(i) monitor the performance of attor-
neys who are appointed and their attendance at
training programs; and
‘‘(ii) remove from the roster attorneys
who—
‘‘(I) fail to deliver effective represen-
tation or engage in unethical conduct;
‘‘(II) fail to comply with such require-
ments as such program, entity, or selection
committee or similar entity may establish
regarding participation in training pro-
grams; or
‘‘(III) during the past 5 years, have
been sanctioned by a bar association or
court for ethical misconduct relating to the
attorney’s conduct as defense counsel in a
criminal case in Federal or State court;
and
(F) ensure funding for the cost of com-
petent legal representation by the defense team
and outside experts selected by counsel, who
shall be compensated—
(i) in the case of a State that employs
a statutory procedure described in para-
graph (1)(C), in accordance with the re-
quirements of that statutory procedure;
and
(ii) in all other cases, as follows:
(I) Attorneys employed by a pub-
lic defender program shall be com-
pensated according to a salary scale
that is commensurate with the salary
scale of the prosecutor’s office in the
jurisdiction.
(II) Appointed attorneys shall be
compensated for actual time and serv-
ice, computed on an hourly basis and
at a reasonable hourly rate in light of
the qualifications and experience of
the attorney and the local market for
legal representation in cases reflecting
the complexity and responsibility of
capital cases.
(III) Non-attorney members of
the defense team, including investiga-
tors, mitigation specialists, and ex-
perts, shall be compensated at a rate
that reflects the specialized skills
needed by those who assist counsel
with the litigation of death penalty
cases.
(IV) Attorney and non-attorney
members of the defense team shall be
reimbursed for reasonable incidental
expenses.
SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.
(a) IN GENERAL.—The Attorney General shall award
grants to States for the purpose of enhancing the ability
of prosecutors to effectively represent the public in State
capital cases.
(b) USE OF FUNDS.—
(1) PERMITTED USES.—Grants awarded under
subsection (a) shall be used for one or more of the
following:
(A) To design and implement training pro-
grams for State and local prosecutors to ensure
effective representation in State capital cases.
(B) To develop and implement appropriate
standards and qualifications for State and local
prosecutors who litigate State capital cases.
(C) To assess the performance of State
and local prosecutors who litigate State capital
cases, provided that such assessment shall not
include participation by the assessor in the trial
of any specific capital case.
(D) To identify and implement any poten-
tial legal reforms that may be appropriate to
minimize the potential for error in the trial of
capital cases.
(E) To establish a program under which
State and local prosecutors conduct a system-
atic review of cases in which a death sentence
was imposed in order to identify cases in which
post-conviction DNA testing may be appro-
priate.
(F) To provide support and assistance to
the families of murder victims.
(2) PROHIBITED USE.—Grants awarded under
subsection (a) shall not be used to fund, directly or
indirectly, the prosecution of specific capital cases.
SEC. 423. APPLICATIONS.
(a) IN GENERAL.—The Attorney General shall estab-
lish a process through which a State may apply for a grant
under this subtitle.
(b) APPLICATION.—
(1) IN
GENERAL.—A State desiring a grant
under this subtitle shall submit an application to the
Attorney General at such time, in such manner, and
containing such information as the Attorney General
may reasonably require.
(2) CONTENTS.—Each application submitted
under paragraph (1) shall contain—
(A) a certification by an appropriate offi-
cer of the State that the State authorizes cap-
ital punishment under its laws and conducts, or
will conduct, prosecutions in which capital pun-
ishment is sought;
(B) a description of the communities to be
served by the grant, including the nature of ex-
isting capital defender services and capital pros-
ecution programs within such communities;
(C) a long-term statewide strategy and de-
tailed implementation plan that—
(i) reflects consultation with the judi-
ciary, the organized bar, and State and
local prosecutor and defender organiza-
tions; and
(ii) establishes as a priority improve-
ment in the quality of trial-level represen-
tation of indigents charged with capital
crimes and trial-level prosecution of capital
crimes;
(D) in the case of a State that employs a
statutory 
procedure 
described 
in 
section
421(e)(1)(C), a certification by an appropriate
officer of the State that the State is in substan-
tial compliance with the requirements of the ap-
plicable State statute; and
(E) assurances that Federal funds received
under this subtitle shall be—
(i) used to supplement and not sup-
plant non-Federal funds that would other-
wise be available for activities funded
under this subtitle; and
(ii) allocated in accordance with sec-
tion 426(b).
SEC. 424. STATE REPORTS.
(a) IN GENERAL.—Each State receiving funds under
this subtitle shall submit an annual report to the Attorney
General that—
(1) identifies the activities carried out with such
funds; and
(2) explains how each activity complies with the
terms and conditions of the grant.
(b) 
CAPITAL
REPRESENTATION
IMPROVEMENT
GRANTS.—With respect to the funds provided under sec-
tion 421, a report under subsection (a) shall include—
(1) an accounting of all amounts expended;
(2) an explanation of the means by which the
State—
(A) invests the responsibility for identi-
fying and appointing qualified attorneys to rep-
resent indigents in capital cases in a program
described in section 421(e)(1)(A), an entity de-
scribed in section 421(e)(1)(B), or a selection
committee or similar entity described in section
421(e)(1)(C); and
(B) requires such program, entity, or selec-
tion committee or similar entity, or other appro-
programs, in accordance with section
421(e)(2)(E); and
(vi) ensure funding for the cost of
competent legal representation by the de-
fense team and outside experts selected by
counsel, 
in 
accordance 
with 
section
421(e)(2)(F), including a statement setting
forth—
(I) if the State employs a public
defender 
program 
under 
section
421(e)(1)(A), the salaries received by
the attorneys employed by such pro-
gram and the salaries received by at-
torneys in the prosecutor’s office in
the jurisdiction;
(II) if the State employs ap-
pointed 
attorneys 
under 
section
421(e)(1)(B), the hourly fees received
by such attorneys for actual time and
service and the basis on which the
hourly rate was calculated;
(III) the amounts paid to non-at-
torney members of the defense team,
and the basis on which such amounts
were determined; and
(IV) the amounts for which at-
torney and non-attorney members of
the defense team were reimbursed for
reasonable incidental expenses;
(3) in the case of a State that employs a statu-
tory procedure described in section 421(e)(1)(C), an
assessment of the extent to which the State is in
compliance with the requirements of the applicable
State statute; and
(4) a statement confirming that the funds have
not been used to fund representation in specific cap-
ital cases or to supplant non-Federal funds.
(c) 
CAPITAL
PROSECUTION
IMPROVEMENT
GRANTS.—With respect to the funds provided under sec-
tion 422, a report under subsection (a) shall include—
(1) an accounting of all amounts expended;
(2) a description of the means by which the
State has—
(A) designed and established training pro-
grams for State and local prosecutors to ensure
effective representation in State capital cases in
accordance with section 422(b)(1)(A);
(B) developed and implemented appro-
priate standards and qualifications for State
and local prosecutors who litigate State capital
cases in accordance with section 422(b)(1)(B);
(C) assessed the performance of State and
local prosecutors who litigate State capital cases
in accordance with section 422(b)(1)(C);
(D) identified and implemented any poten-
tial legal reforms that may be appropriate to
minimize the potential for error in the trial of
capital 
cases 
in 
accordance 
with 
section
422(b)(1)(D);
(E) established a program under which
State and local prosecutors conduct a system-
atic review of cases in which a death sentence
was imposed in order to identify cases in which
post-conviction DNA testing may be appro-
priate in accordance with section 422(b)(1)(E);
and
(F) provided support and assistance to the
families of murder victims; and
(3) a statement confirming that the funds have
not been used to fund the prosecution of specific
capital cases or to supplant non-Federal funds.
(d) PUBLIC DISCLOSURE OF ANNUAL STATE RE-
PORTS.—The annual reports to the Attorney General sub-
mitted by any State under this section shall be made avail-
able to the public.
SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND AD-
MINISTRATIVE REMEDIES.
(a) EVALUATION BY INSPECTOR GENERAL.—
(1) IN GENERAL.—As soon as practicable after
the end of the first fiscal year for which a State re-
ceives funds under a grant made under this subtitle,
the Inspector General of the Department of Justice
(in this section referred to as the ‘‘Inspector Gen-
eral’’) shall—
(A) submit to the Committee on the Judi-
ciary of the House of Representatives and the
Committee on the Judiciary of the Senate a re-
port evaluating the compliance by the State
with the terms and conditions of the grant; and
(B) if the Inspector General concludes that
the State is not in compliance with the terms
and conditions of the grant, specify any defi-
ciencies and make recommendations to the At-
torney General for corrective action.
(2) 
PRIORITY.—In 
conducting 
evaluations
under this subsection, the Inspector General shall
give priority to States that the Inspector General de-
termines, based on information submitted by the
State and other comments provided by any other
person, to be at the highest risk of noncompliance.
(3) DETERMINATION FOR STATUTORY PROCE-
DURE STATES.—For each State that employs a stat-
utory procedure described in section 421(e)(1)(C),
the Inspector General shall submit to the Committee
on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate,
not later than the end of the first fiscal year for
which such State receives funds, a determination as
to whether the State is in substantial compliance
with the requirements of the applicable State stat-
ute.
(4) COMMENTS FROM PUBLIC.—The Inspector
General shall receive and consider comments from
any member of the public regarding any State’s
compliance with the terms and conditions of a grant
made under this subtitle. To facilitate the receipt of
such comments, the Inspector General shall main-
tain on its website a form that any member of the
public may submit, either electronically or otherwise,
providing comments. The Inspector General shall
give appropriate consideration to all such public
comments in reviewing reports submitted under sec-
tion 424 or in establishing the priority for con-
ducting evaluations under this section.
(b) ADMINISTRATIVE REVIEW.—
(1) COMMENT.—Upon the submission of a re-
port under subsection (a)(1) or a determination
under subsection (a)(3), the Attorney General shall
provide the State with an opportunity to comment
regarding the findings and conclusions of the report
or the determination.
(2) CORRECTIVE ACTION PLAN.—If the Attor-
ney General, after reviewing a report under sub-
section (a)(1) or a determination under subsection
(a)(3), determines that a State is not in compliance
with the terms and conditions of the grant, the At-
torney General shall consult with the appropriate
State authorities to enter into a plan for corrective
action. If the State does not agree to a plan for cor-
rective action that has been approved by the Attor-
ney General within 90 days after the submission of
the report under subsection (a)(1) or the determina-
tion under subsection (a)(3), the Attorney General
shall, within 30 days, issue guidance to the State re-
garding corrective action to bring the State into
compliance.
(3) REPORT TO CONGRESS.—Not later than 90
days after the earlier of the implementation of a cor-
rective action plan or the issuance of guidance under
paragraph (2), the Attorney General shall submit a
report to the Committee on the Judiciary of the
House of Representatives and the Committee on the
Judiciary of the Senate as to whether the State has
taken corrective action and is in compliance with the
terms and conditions of the grant.
(c) PENALTIES FOR NONCOMPLIANCE.—If the State
fails to take the prescribed corrective action under sub-
section (b) and is not in compliance with the terms and
conditions of the grant, the Attorney General shall dis-
continue all further funding under sections 421 and 422
and require the State to return the funds granted under
such sections for that fiscal year. Nothing in this para-
graph shall prevent a State which has been subject to pen-
alties for noncompliance from reapplying for a grant under
this subtitle in another fiscal year.
(d) PERIODIC REPORTS.—During the grant period,
the Inspector General shall periodically review the compli-
ance of each State with the terms and conditions of the
grant.
(e) ADMINISTRATIVE COSTS.—Not less than 2.5 per-
cent of the funds appropriated to carry out this subtitle
for each of fiscal years 2005 through 2009 shall be made
available to the Inspector General for purposes of carrying
out this section. Such sums shall remain available until
expended.
(f) SPECIAL RULE FOR ‘‘STATUTORY PROCEDURE’’
STATES NOT IN SUBSTANTIAL COMPLIANCE WITH STAT-
UTORY PROCEDURES.—
(1) IN GENERAL.—In the case of a State that
employs a statutory procedure described in section
421(e)(1)(C), if the Inspector General submits a de-
termination under subsection (a)(3) that the State is
not in substantial compliance with the requirements
of the applicable State statute, then for the period
beginning with the date on which that determination
was submitted and ending on the date on which the
Inspector General determines that the State is in
substantial compliance with the requirements of that
statute, the funds awarded under this subtitle shall
be allocated solely for the uses described in section
421.
(2) RULE
OF
CONSTRUCTION.—The require-
ments of this subsection apply in addition to, and
not instead of, the other requirements of this sec-
tion.
SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
(a) AUTHORIZATION FOR GRANTS.—There are au-
thorized to be appropriated $75,000,000 for each of fiscal
years 2005 through 2009 to carry out this subtitle.
(b) RESTRICTION ON USE OF FUNDS TO ENSURE
EQUAL ALLOCATION.—Each State receiving a grant
under this subtitle shall allocate the funds equally between
the uses described in section 421 and the uses described
in section 422, except as provided in section 425(f).
Subtitle C—Compensation for the
Wrongfully Convicted
SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES
FOR THE WRONGFULLY CONVICTED.
Section 2513(e) of title 28, United States Code, is
amended by striking ‘‘exceed the sum of $5,000’’ and in-
serting ‘‘exceed $100,000 for each 12-month period of in-
carceration for any plaintiff who was unjustly sentenced
to death and $50,000 for each 12-month period of incar-
ceration for any other plaintiff’’.
SEC. 432. SENSE OF CONGRESS REGARDING COMPENSA-
TION IN STATE DEATH PENALTY CASES.
It is the sense of Congress that States should provide
reasonable compensation to any person found to have been
unjustly convicted of an offense against the State and sen-
tenced to death.
Passed the House of Representatives October 6,
2004.
Attest:
Clerk.