Paul Coverdell National Forensic Sciences Improvement Act of 2000
PL 106-561 (S.3045), enacted 12/21/2000

PUBLIC LAW 106-561—DEC. 21, 2000 
114 STAT. 2787 
Public Law 106-561 
106th Congress 
An Act 
Dec. 21, 2000 
[S. 3045] 
Paul Coverdell 
National 
Forensic Sciences 
Improvement Act 
42 USd 3711 
note. 
To improve the qiiality, timeliness, and credibility of forensic science services for 
criminal justice purposes, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 'Taul Coverdell National Forensic 
Sciences Improvement Act of 2000". 
SEC. 2. IMPROVING THE QUALITY, TIMELINESS, AND CREDIBILITY OF 
FORENSIC SCIENCE SERVICES FOR CRIMINAL JUSTICE PUR-
POSES. 
(a) DESCRIPTION OF DRUG CONTROL AND SYSTEM IMPROVEMENT 
GRANT PROGRAM.—Section 501(b) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 375(b)) is 42USC3751. 
amended— 
(1) in paragraph (25), by striking "and" at the end; 
(2) in paragraph (26), by striking the period at the end 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(27) improving the qugility, timeliness, and credibility of 
forensic science services for criminal justice purposes.". 
(b) STATE APPLICATIONS.—Section 503(a) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) 
is amended by adding at the end the following: 
"(13) If any part of the amount received from a grant under 
r 
this part is to be used to improve the quality, timeliness, and 
credibility of forensic science services for criminal justice purposes, 
a certification that, as of the date of enactment of this paragraph, 
the State, or unit of local government within the State, has an 
established— 
"(A) forensic science laboratory or forensic science labora-
tory system, that— 
"(i) employs 1 or more full-time scientists— 
"(I) whose principal duties are the examination 
of physical evidence for law enforcement agencies in 
criminal matters; and 
"(II) who provide testimony with respect to such 
physical evidence to the criminal justice system; 
"(ii) employs generally accepted practices and proce-
dures, as established by appropriate accrediting organiza-
tions; and 
114 STAT. 2788 
PUBLIC LAW 106-561—DEC. 21, 2000 
Deadline. 
"(iii) is accredited by the Laboratory Accreditation 
Board of the American Society of Crime Laboratory Direc-
tors or the National Association of Medical Examiners, 
or will use a portion of the grant amount to prepare and 
apply for such accreditation by not later than 2 years 
after the date on which a grant is initially awarded under 
this paragraph; or 
"(B) medical examiner's office (as defined by the National 
Association of Medical Examiners) that— 
"(i) employs generally accepted practices and proce-
dures, as established by appropriate accrediting organiza-
tions; and 
Deadline. 
"(ii) is accredited by the Laboratory Accreditation 
Board of the American Society of Crime Laboratory Direc-
tors or the National Association of Medical Examiners, 
or will use a portion of the grant amount to prepare and 
apply for such accreditation by not later than 2 years 
after the date on which a grant is initially awarded under 
this paragraph.". 
(c) 
PAUL 
COVERDELL 
FORENSIC 
SCIENCES 
IMPROVEMENT 
GRANTS.— 
(1) IN GENERAL.—Title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
by adding at the end the following: 
"PART BB^PAUL COVERDELL FORENSIC 
SCIENCES IMPROVEMENT GRANTS 
42 use 3797J. 
"SEC. 2801. GRANT AUTHORIZATION. 
"The Attorney General shall award grants to States in accord-
ance with this part. 
42 use 3797k. 
"SEC. 2802. APPLICATIONS. 
'To request a grant under this part, a State shall submit 
to the Attorney General— 
"(1) a certification that the State has developed a consoli-
dated State plan for forensic science laboratories operated by 
the State or by other units of local government within the 
State under a program described in section 2804(a), and a 
specific description of the manner in which the grant will 
be used to carry out that plan; 
"(2) a certification that any forensic science laboratory 
system, medical examiner's office, or coroner's office in the 
State, including any laboratory operated by a unit of local 
government within the State, that will receive any portion 
of the grant amount uses generally accepted laboratory prac-
tices and procedures, established by accrediting organizations; 
and 
"(3) a specific description of any new facility to be con-
structed as part of the program described in paragraph (1), 
and the estimated costs of that facility, and a certification 
that the amount of the grant used for the costs of the facility 
will not exceed the limitations set forth in section 2804(c). 
42 use 3797/. 
"SEC. 2803. ALLOCATION. 
"(a) IN GENERAL.— 
PUBLIC LAW 106-561—DEC. 21, 2000 
114 STAT. 2789 
"(1) POPULATION ALLOCATION.—Seventy-five percent of the 
amount made available to carry out this part in each fiscal 
year shall be allocated to each State that meets the require-
ments of section 2802 so that each State shall receive an 
amount that bears the same ratio to the 75 percent of the 
total amount made available to carry out this part for that 
fiscal year as the population of the State bears to the population 
of all States. 
"(2) DISCRETIONARY ALLOCATION.—^Twenty-five percent of 
the amount made available to carry out this part in each 
fiscal year shall be allocated pursuant to the Attorney General's 
discretion to States with above average rates of part 1 violent 
crimes based on the average annual number of part 1 violent 
crimes reported by such State to the Federal Bureau of Inves-
tigation for the 3 most recent calendar years for which such 
data is available. 
"(3) MINIMUM REQUIREMENT.—Each State shall receive not 
less than 0.6 percent of the amount made available to carry 
out this part in each fiscal year. 
"(4) PROPORTIONAL REDUCTION.—If the amounts available 
to carry out this part in each fiscal year are insufficient to 
pay in full the total payment that any State is otherwise 
eligible to receive under paragraph (3), then the Attorney Gen-
eral shall reduce payments under paragraph (1) for such pay-
ment period to the extent of such insufficiency. Reductions 
under the preceding sentence shall be allocated among the 
States (other than States whose payment is determined under 
paragraph (3)) in the same proportions as amounts would be 
allocated under paragraph (1) without regard to paragraph 
(3). 
"(b) STATE DEFINED.—In this section, the term 'State* means 
each of the several States, the District of Columbia, the Common-
wealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, 
and the Commonwealth of the Northern Mariana Islands, except 
t h a t -
'll) for purposes of the allocation under this section, Amer-
ican Samoa and the Commonwealth of the Northern Mariana 
Islands shall be considered as 1 State; and 
"(2) for purposes of paragraph (1), 67 percent of the amount 
allocated shall be allocated to American Samoa, and 33 percent 
shall be allocated to the Commonwealth of the Northern Mar-
iana Islands. 
"SEC. 2804. USE OF GRANTS. 
42 USC 3797m. 
"(a) IN GENERAL.—^A State that receives a grant under this 
part shall use the grant to carry out all or a substantial part 
of a program intended to improve the quality and timeliness of 
forensic science or medical examiner services in the State, including 
such services provided by the laboratories operated by the State 
and those operated by units of local government within the State. 
"(b) PERMITTED CATEGORIES OF FUNDING.—Subject to sub-
sections (c) and (d), a grant awarded under this part— 
"(1) may only be used for program expenses relating to 
facilities, personnel, computerization, equipment, 
supplies, 
accreditation and certification, education, and training; and 
"(2) may not be used for any general law enforcement 
or nonforensic investigatory function. 
114 STAT. 2790 
PUBLIC LAW 106-561—DEC. 21, 2000 
"(c) FACILITIES COSTS.— 
"(1) 
STATES RECEIVING MINIMUM GRANT AMOUNT.—^With 
respect to a State that receives a grant under this part in 
an amount that does not exceed 0.6 percent of the total amount 
made available to carry out this part for a fiscal year, not 
more than 80 percent of the total amount of the grant may 
be used for the costs of any new facility constructed as part 
of a program described in subsection (a). 
"(2) OTHER STATES.—^With respect to a State that receives 
a grant under this part in an amount that exceeds 0.6 percent 
of the total amount made available to carry out this part 
for a fiscal year— 
"(A) not more than 80 percent of the amount of the 
grant up to that 0.6 percent may be used for the costs 
of any new facility constructed as part of a program 
described in subsection (a); and 
"(B) not more than 40 percent of the amount of the 
grant in excess of that 0.6 percent may be used for the 
costs of any new facility constructed as part of a program 
described in subsection (a). 
"(d) ADMINISTRATIVE COSTS.—^Not more than 10 percent of the 
total amount of a grant awarded under this part may be used 
for administrative expenses. 
42 use 3797n. 
"SEC. 2805. ADMINISTRATIVE PROVISIONS. 
"(a) REGULATIONS.—^The Attorney General may promulgate 
such guidelines, regulations, and procedures as may be necessary 
to carry out this part, including guidelines, regulations, and proce-
dures relating to the submission and review of applications for 
grants under section 2802. 
"(b) EXPENDITURE RECORDS.— 
"(1) RECORDS.—Each State, or unit of local government 
within the State, that receives a grant under this part shall 
maintain such records as the Attorney General may require 
to facilitate an effective audit relating to the receipt of the 
grant, or the use of the grant amount. 
"(2) ACCESS.—^The Attorney Greneral and the Comptroller 
Greneral of the United States, or a designee thereof, shall have 
access, for the purpose of audit and examination, to any book, 
document, or record of a State, or unit of local government 
within the State, that receives a grant under this part, if, 
in the determination of the Attorney General, Comptroller Gen-
eral, or designee thereof, the book, document, or record is 
related to the receipt of the grant, or the use of the grant 
amount. 
42 use 37970. 
"SEC. 2806. REPORTS. 
"(a) REPORTS TO ATTORNEY GENERAL.—^For each fiscal year 
for which a grant is awarded under this part, each State that 
receives such a grant shall submit to the Attorney General a report, 
at such time and in such manner as the Attorney General may 
reasonably require, which report shall include— 
"(1) a summary and assessment of the program carried 
out with the grant; 
"(2) the average number of days between submission of 
a sample to a forensic science laboratory or forensic science 
laboratory system in that State operated by the State or by 
PUBLIC LAW 106-561—DEC. 21, 2000 
114 STAT. 2791 
Deadline. 
42 use 3793. 
a unit of local government and the delivery of test results 
to the requesting office or agency; and 
"(3) such other information as the Attorney General may 
require. 
"(b) REPORTS TO CONGRESS.—^Not later than 90 days after the 
last day of each fiscal year for which 1 or more grants are awarded 
under this part, the Attorney General shall submit to the Speaker 
of the House of Representatives and the President pro tempore 
of the Senate, a report, which shall include— 
"(1) the aggregate amount of grants awarded under this 
part for that fiscal year; and 
"(2) a summary of the information provided under sub-
section (a).". 
(2) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—Section 1001(a) of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3753(a)) is amended by adding at the end the following: 
"(24) There are authorized to be appropriated to carry 
out part BB, to remain available until expended— 
"(A) $35,000,000 for fiscal year 2001; 
"(B) $85,400,000 for fiscal year 2002; 
"(C) $ 134,733,000 for fiscal year 2003; 
"(D) $128,067,000 for fiscal year 2004; 
"(E) $56,733,000 for fiscal year 2005; and 
"(F) $42,067,000 for fiscal year 2006.". 
(B) BACKLOG ELIMINATION.—^There is authorized to be 
appropriated $30,000,000 for fiscal year 2001 for the elimi-
nation of DNA convicted offender database sample backlogs 
and for other related purposes, as provided in the Depart-
ments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act, 2001. 
(3) TABLE OF CONTENTS.—Title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) 
is amended by striking the table of contents. 
(4) REPEAL OF 20 PERCENT FLOOR FOR CITA CRIME LAB 
GRANTS.—Section 102(e)(2) of the Crime Identification Tech-
nology Act of 1998 (42 U.S.C. 14601(e)(2)) is amended— 
(A) in subparagraph (B), by adding "and" at the end; 
and 
(B) by striking subparagraph (C) and redesignating 
subparagraph (D) as subparagraph (C). 
SEC. 3. CLARIFICATION REGARDING CERTAIN CLAIMS. 
(a) IN GENERAL.—Section 983(a)(2)(C)(ii) of title 18, United 
States Code, is amended by striking "(and provide customary docu-
mentary evidence of such interest if available) and state that the 
claim is not frivolous". 
(b) EFFECTIVE DATE.—^The amendment made by this section 
shall take effect as if included in the amendment made by section 
2(a) of Pubhc Law 106-185. 
SEC. 4. SENSE OF CONGRESS REGARDING THE OBUGATION OF 42USC14135 
GRANTEE STATES TO ENSURE ACCESS TO POST-CONVICTION note. 
DNA TESTING AND COMPETENT COUNSEL IN CAPITAL 
CASES. 
(a) FINDINGS.—Congress finds that— 
(1) over the past decade, deox3rribonucleic acid testing 
(referred to in this section as "DNA testing") has emerged 
18 use 983 note. 
114 STAT. 2792 
PUBLIC LAW 106-561—DEC. 21, 2000 
as the most reliable forensic technique for identifying criminals 
when biological material is left at a crime scene; 
(2) because of its scientific precision, DNA testing can, 
in some cases, conclusively establish the guilt or innocence 
of a criminal defendant; 
(3) in other cases, DNA testing may not conclusively estab-
lish guilt or innocence, but may have significant probative 
value to a finder of fact; 
(4) DNA testing was not widely available in cases tried 
prior to 1994; 
(5) new forensic DNA testing procedures have made it 
possible to get results from minute samples that could not 
previously be tested, and to obtain more informative and 
accurate results than earlier forms of forensic DNA testing 
could produce, resulting in some cases of convicted inmates 
being exonerated by new DNA tests after earlier tests had 
failed to produce definitive results; 
(6) DNA testing can and has resulted in the post-conviction 
exoneration of more than 75 innocent men and women, 
including some under sentence of death; 
(7) in more than a dozen cases, post-conviction DNA testing 
that has exonerated an innocent person has also enhanced 
public safety by providing evidence that led to the apprehension 
of the actual perpetrator; 
(8) experience has shown that it is not unduly burdensome 
to make DNA testing available to inmates in appropriate cases; 
(9) under current Federal and State law, it is difficult 
to obtain post-conviction DNA testing because of time limits 
on introducing newly discovered evidence; 
(10) the National Commission on the Future of DNA Evi-
dence, a Federal panel established by the Department of Justice 
and comprised of law enforcement, judicial, and scientific 
experts, has urged that post-conviction DNA testing be per-
mitted in the relatively small number of cases in which it 
is appropriate, notwithstanding procedural rules that could be 
invoked to preclude such testing, and notwithstanding the 
inability of an inmate to pay for the testing; 
(11) only a few States have adopted post-conviction DNA 
testing procedures; 
(12) States have received millions of dollars in DNA-related 
grants, and more funding is needed to improve State forensic 
facilities and to reduce the nationwide backlog of DNA samples 
from convicted offenders and crime scenes that need to be 
tested or retested using upgraded methods; 
(13) States that accept such financial assistance should 
not deny the promise of truth and justice for both sides of 
our adversarial system that DNA testing offers; 
(14) post-conviction DNA testing and other post-conviction 
investigative techniques have shown that innocent people have 
been sentenced to death in this country; 
(15) a constitutional error in capital cases is incompetent 
defense lawyers who fail to present important evidence that 
the defendant may have been innocent or does not deserve 
to be sentenced to death; and 
(16) providing quality representation to defendants facing 
loss of liberty or life is essential to fundamental due process 
and the speedy final resolution of 
judicial proceedings. 
PUBLIC LAW 106-561—DEC. 21, 2000 
114 STAT. 2793 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) Congress should condition forensic 
science-related 
grants to a State or State forensic facility on the State's agree-
ment to ensure post-conviction DNA testing in appropriate 
cases; and 
(2) Congress should work with the States to improve the 
quality of legal representation in capital cases through the 
establishment of standards that will assure the timely appoint-
ment of competent counsel with adequate resources to represent 
defendants in capital cases at each stage of the proceedings. 
Approved December 21, 2000. 
LEGISLATIVE HISTORY—S. 3045: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Oct. 26, considered and passed Senate. 
Dec. 7, considered and passed House.