[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5107 Enrolled Bill (ENR)]
H.R.5107
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To protect crime victims' rights, to eliminate the substantial backlog
of DNA samples collected from crime scenes and convicted offenders, to
improve and expand the DNA testing capacity of Federal, State, and local
crime laboratories, to increase research and development of new DNA
testing technologies, to develop new training programs regarding the
collection and use of DNA evidence, to provide post-conviction testing
of DNA evidence to exonerate the innocent, to improve the performance of
counsel in State capital cases, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Justice for All
Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA GILLIS,
AND NILA LYNN CRIME VICTIMS' RIGHTS ACT
Sec. 101. Short title.
Sec. 102. Crime victims' rights.
Sec. 103. Increased resources for enforcement of crime victims' rights.
Sec. 104. Reports.
TITLE II--DEBBIE SMITH ACT OF 2004
Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA
backlog.
TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004
Sec. 301. Short title.
Sec. 302. Ensuring public crime laboratory compliance with Federal
standards.
Sec. 303. DNA training and education for law enforcement, correctional
personnel, and court officers.
Sec. 304. Sexual assault forensic exam program grants.
Sec. 305. DNA research and development.
Sec. 306. National Forensic Science Commission.
Sec. 307. FBI DNA programs.
Sec. 308. DNA identification of missing persons.
Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use
of DNA information.
Sec. 310. Tribal coalition grants.
Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement
Grant Program.
Sec. 312. Report to Congress.
TITLE IV--INNOCENCE PROTECTION ACT OF 2004
Sec. 401. Short title.
Subtitle A--Exonerating the innocent through DNA testing
Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims
of actual innocence.
Subtitle B--Improving the quality of representation in State capital
cases
Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.
Subtitle C--Compensation for the wrongfully convicted
Sec. 431. Increased compensation in Federal cases for the wrongfully
convicted.
Sec. 432. Sense of Congress regarding compensation in State death
penalty cases.
TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA
GILLIS, AND NILA LYNN CRIME VICTIMS' RIGHTS ACT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Scott Campbell, Stephanie Roper,
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights
Act''.
SEC. 102. CRIME VICTIMS' RIGHTS.
(a) Amendment to Title 18.--Part II of title 18, United States
Code, is amended by adding at the end the following:
``CHAPTER 237--CRIME VICTIMS' RIGHTS
``Sec.
``3771. Crime victims' rights.
``Sec. 3771. Crime victims' rights
``(a) Rights of Crime Victims.--A crime victim has the following
rights:
``(1) The right to be reasonably protected from the accused.
``(2) The right to reasonable, accurate, and timely notice of
any public court proceeding, or any parole proceeding, involving
the crime or of any release or escape of the accused.
``(3) The right not to be excluded from any such public court
proceeding, unless the court, after receiving clear and convincing
evidence, determines that testimony by the victim would be
materially altered if the victim heard other testimony at that
proceeding.
``(4) The right to be reasonably heard at any public proceeding
in the district court involving release, plea, sentencing, or any
parole proceeding.
``(5) The reasonable right to confer with the attorney for the
Government in the case.
``(6) The right to full and timely restitution as provided in
law.
``(7) The right to proceedings free from unreasonable delay.
``(8) The right to be treated with fairness and with respect
for the victim's dignity and privacy.
``(b) Rights Afforded.--In any court proceeding involving an
offense against a crime victim, the court shall ensure that the crime
victim is afforded the rights described in subsection (a). Before
making a determination described in subsection (a)(3), the court shall
make every effort to permit the fullest attendance possible by the
victim and shall consider reasonable alternatives to the exclusion of
the victim from the criminal proceeding. The reasons for any decision
denying relief under this chapter shall be clearly stated on the
record.
``(c) Best Efforts To Accord Rights.--
``(1) Government.--Officers and employees of the Department of
Justice and other departments and agencies of the United States
engaged in the detection, investigation, or prosecution of crime
shall make their best efforts to see that crime victims are
notified of, and accorded, the rights described in subsection (a).
``(2) Advice of attorney.--The prosecutor shall advise the
crime victim that the crime victim can seek the advice of an
attorney with respect to the rights described in subsection (a).
``(3) Notice.--Notice of release otherwise required pursuant to
this chapter shall not be given if such notice may endanger the
safety of any person.
``(d) Enforcement and Limitations.--
``(1) Rights.--The crime victim or the crime victim's lawful
representative, and the attorney for the Government may assert the
rights described in subsection (a). A person accused of the crime
may not obtain any form of relief under this chapter.
``(2) Multiple crime victims.--In a case where the court finds
that the number of crime victims makes it impracticable to accord
all of the crime victims the rights described in subsection (a),
the court shall fashion a reasonable procedure to give effect to
this chapter that does not unduly complicate or prolong the
proceedings.
``(3) Motion for relief and writ of mandamus.--The rights
described in subsection (a) shall be asserted in the district court
in which a defendant is being prosecuted for the crime or, if no
prosecution is underway, in the district court in the district in
which the crime occurred. The district court shall take up and
decide any motion asserting a victim's right forthwith. If the
district court denies the relief sought, the movant may petition
the court of appeals for a writ of mandamus. The court of appeals
may issue the writ on the order of a single judge pursuant to
circuit rule or the Federal Rules of Appellate Procedure. The court
of appeals shall take up and decide such application forthwith
within 72 hours after the petition has been filed. In no event
shall proceedings be stayed or subject to a continuance of more
than five days for purposes of enforcing this chapter. If the court
of appeals denies the relief sought, the reasons for the denial
shall be clearly stated on the record in a written opinion.
``(4) Error.--In any appeal in a criminal case, the Government
may assert as error the district court's denial of any crime
victim's right in the proceeding to which the appeal relates.
``(5) Limitation on relief.--In no case shall a failure to
afford a right under this chapter provide grounds for a new trial.
A victim may make a motion to re-open a plea or sentence only if--
``(A) the victim has asserted the right to be heard before
or during the proceeding at issue and such right was denied;
``(B) the victim petitions the court of appeals for a writ
of mandamus within 10 days; and
``(C) in the case of a plea, the accused has not pled to
the highest offense charged.
This paragraph does not affect the victim's right to restitution as
provided in title 18, United States Code.''.
``(6) No cause of action.--Nothing in this chapter shall be
construed to authorize a cause of action for damages or to create,
to enlarge, or to imply any duty or obligation to any victim or
other person for the breach of which the United States or any of
its officers or employees could be held liable in damages. Nothing
in this chapter shall be construed to impair the prosecutorial
discretion of the Attorney General or any officer under his
direction.
``(e) Definitions.--For the purposes of this chapter, the term
`crime victim' means a person directly and proximately harmed as a
result of the commission of a Federal offense or an offense in the
District of Columbia. In the case of a crime victim who is under 18
years of age, incompetent, incapacitated, or deceased, the legal
guardians of the crime victim or the representatives of the crime
victim's estate, family members, or any other persons appointed as
suitable by the court, may assume the crime victim's rights under this
chapter, but in no event shall the defendant be named as such guardian
or representative.
``(f) Procedures To Promote Compliance.--
``(1) Regulations.--Not later than 1 year after the date of
enactment of this chapter, the Attorney General of the United
States shall promulgate regulations to enforce the rights of crime
victims and to ensure compliance by responsible officials with the
obligations described in law respecting crime victims.
``(2) Contents.--The regulations promulgated under paragraph
(1) shall--
``(A) designate an administrative authority within the
Department of Justice to receive and investigate complaints
relating to the provision or violation of the rights of a crime
victim;
``(B) require a course of training for employees and
offices of the Department of Justice that fail to comply with
provisions of Federal law pertaining to the treatment of crime
victims, and otherwise assist such employees and offices in
responding more effectively to the needs of crime victims;
``(C) contain disciplinary sanctions, including suspension
or termination from employment, for employees of the Department
of Justice who willfully or wantonly fail to comply with
provisions of Federal law pertaining to the treatment of crime
victims; and
``(D) provide that the Attorney General, or the designee of
the Attorney General, shall be the final arbiter of the
complaint, and that there shall be no judicial review of the
final decision of the Attorney General by a complainant.''.
(b) Table of Chapters.--The table of chapters for part II of title
18, United States Code, is amended by inserting at the end the
following:
``237. Crime victims' rights.....................................3771''.
(c) Repeal.--Section 502 of the Victims' Rights and Restitution Act
of 1990 (42 U.S.C. 10606) is repealed.
SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.
(a) Crime Victims Legal Assistance Grants.--The Victims of Crime
Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after
section 1404C the following:
``SEC. 1404D. CRIME VICTIMS LEGAL ASSISTANCE GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of crime victims' rights as
provided in law.
``(b) Prohibition.--Grant amounts under this section may not be
used to bring a cause of action for damages.
``(c) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
(b) Authorization of Appropriations.--In addition to funds made
available under section 1402(d) of the Victims of Crime Act of 1984,
there are authorized to be appropriated to carry out this title--
(1) $2,000,000 for fiscal year 2005 and $5,000,000 for each of
fiscal years 2006, 2007, 2008, and 2009 to United States Attorneys
Offices for Victim/Witnesses Assistance Programs;
(2) $2,000,000 for fiscal year 2005 and $5,000,000 in each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice for enhancement of
the Victim Notification System;
(3) $300,000 in fiscal year 2005 and $500,000 for each of the
fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims
of Crime of the Department of Justice for staff to administer the
appropriation for the support of organizations as designated under
paragraph (4);
(4) $7,000,000 for fiscal year 2005 and $11,000,000 for each of
the fiscal years 2006, 2007, 2008, and 2009, to the Office for
Victims of Crime of the Department of Justice, for the support of
organizations that provide legal counsel and support services for
victims in criminal cases for the enforcement of crime victims'
rights in Federal jurisdictions, and in States and tribal
governments that have laws substantially equivalent to the
provisions of chapter 237 of title 18, United States Code; and
(5) $5,000,000 for fiscal year 2005 and $7,000,000 for each of
fiscal years 2006, 2007, 2008, and 2009, to the Office for Victims
of Crime of the Department of Justice, for the support of--
(A) training and technical assistance to States and tribal
jurisdictions to craft state-of-the-art victims' rights laws;
and
(B) training and technical assistance to States and tribal
jurisdictions to design a variety of compliance systems, which
shall include an evaluation component.
(c) Increased Resources To Develop State-of-the-Art Systems for
Notifying Crime Victims of Important Dates and Developments.--The
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by
inserting after section 1404D the following:
``SEC. 1404E. CRIME VICTIMS NOTIFICATION GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified public or private entities, to develop and implement
state-of-the-art systems for notifying victims of crime of important
dates and developments relating to the criminal proceedings at issue in
a timely and efficient manner, provided that the jurisdiction has laws
substantially equivalent to the provisions of chapter 237 of title 18,
United States Code.
``(b) Integration of Systems.--Systems developed and implemented
under this section may be integrated with existing case management
systems operated by the recipient of the grant.
``(c) Authorization of Appropriations.--In addition to funds made
available under section 1402(d), there are authorized to be
appropriated to carry out this section--
``(1) $5,000,000 for fiscal year 2005; and
``(2) $5,000,000 for each of the fiscal years 2006, 2007, 2008,
and 2009.
``(d) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section, subject to appropriation.''.
SEC. 104. REPORTS.
(a) Administrative Office of the United States Courts.--Not later
than 1 year after the date of enactment of this Act and annually
thereafter, the Administrative Office of the United States Courts, for
each Federal court, shall report to Congress the number of times that a
right established in chapter 237 of title 18, United States Code, is
asserted in a criminal case and the relief requested is denied and,
with respect to each such denial, the reason for such denial, as well
as the number of times a mandamus action is brought pursuant to chapter
237 of title 18, and the result reached.
(b) Government Accountability Office.--
(1) Study.--The Comptroller General shall conduct a study that
evaluates the effect and efficacy of the implementation of the
amendments made by this title on the treatment of crime victims in
the Federal system.
(2) Report.--Not later than 4 years after the date of enactment
of this Act, the Comptroller General shall prepare and submit to
the appropriate committees a report containing the results of the
study conducted under subsection (a).
TITLE II--DEBBIE SMITH ACT OF 2004
SEC. 201. SHORT TITLE.
This title may be cited as the ``Debbie Smith Act of 2004''.
SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.
(a) Designation of Program; Eligibility of Local Governments as
Grantees.--Section 2 of the DNA Analysis Backlog Elimination Act of
2000 (42 U.S.C. 14135) is amended--
(1) by amending the heading to read as follows:
``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or units of local government'' after
``eligible States''; and
(ii) by inserting ``or unit of local government'' after
``State'';
(B) in paragraph (2), by inserting before the period at the
end the following: ``, including samples from rape kits,
samples from other sexual assault evidence, and samples taken
in cases without an identified suspect''; and
(C) in paragraph (3), by striking ``within the State'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or unit of local government'' after
``State'' both places that term appears; and
(ii) by inserting ``, as required by the Attorney
General'' after ``application shall'';
(B) in paragraph (1), by inserting ``or unit of local
government'' after ``State'';
(C) in paragraph (3), by inserting ``or unit of local
government'' after ``State'' the first place that term appears;
(D) in paragraph (4)--
(i) by inserting ``or unit of local government'' after
``State''; and
(ii) by striking ``and'' at the end;
(E) in paragraph (5)--
(i) by inserting ``or unit of local government'' after
``State''; and
(ii) by striking the period at the end and inserting a
semicolon; and
(F) by adding at the end the following:
``(6) if submitted by a unit of local government, certify that
the unit of local government has taken, or is taking, all necessary
steps to ensure that it is eligible to include, directly or through
a State law enforcement agency, all analyses of samples for which
it has requested funding in the Combined DNA Index System; and'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by
striking ``The plan'' and inserting ``A plan pursuant to
subsection (b)(1)'';
(ii) in subparagraph (A), by striking ``within the
State''; and
(iii) in subparagraph (B), by striking ``within the
State''; and
(B) in paragraph (2)(A), by inserting ``and units of local
government'' after ``States'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ``or local government''
after ``State'' both places that term appears; and
(B) in paragraph (2), by inserting ``or unit of local
government'' after ``State'';
(6) in subsection (f), in the matter preceding paragraph (1),
by inserting ``or unit of local government'' after ``State'';
(7) in subsection (g)--
(A) in paragraph (1), by inserting ``or unit of local
government'' after ``State''; and
(B) in paragraph (2), by inserting ``or units of local
government'' after ``States''; and
(8) in subsection (h), by inserting ``or unit of local
government'' after ``State'' both places that term appears.
(b) Reauthorization and Expansion of Program.--Section 2 of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``(1) or'' before
``(2)''; and
(B) by inserting at the end the following:
``(4) To collect DNA samples specified in paragraph (1).
``(5) To ensure that DNA testing and analysis of samples from
crimes, including sexual assault and other serious violent crimes,
are carried out in a timely manner.'';
(2) in subsection (b), as amended by this section, by inserting
at the end the following:
``(7) specify that portion of grant amounts that the State or
unit of local government shall use for the purpose specified in
subsection (a)(4).'';
(3) by amending subsection (c) to read as follows:
``(c) Formula for Distribution of Grants.--
``(1) In general.--The Attorney General shall distribute grant
amounts, and establish appropriate grant conditions under this
section, in conformity with a formula or formulas that are designed
to effectuate a distribution of funds among eligible States and
units of local government that--
``(A) maximizes the effective utilization of DNA technology
to solve crimes and protect public safety; and
``(B) allocates grants among eligible entities fairly and
efficiently to address jurisdictions in which significant
backlogs exist, by considering--
``(i) the number of offender and casework samples
awaiting DNA analysis in a jurisdiction;
``(ii) the population in the jurisdiction; and
``(iii) the number of part 1 violent crimes in the
jurisdiction.
``(2) Minimum amount.--The Attorney General shall allocate to
each State not less than 0.50 percent of the total amount
appropriated in a fiscal year for grants under this section, except
that the United States Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands shall each be allocated 0.125 percent
of the total appropriation.
``(3) Limitation.--Grant amounts distributed under paragraph
(1) shall be awarded to conduct DNA analyses of samples from
casework or from victims of crime under subsection (a)(2) in
accordance with the following limitations:
``(A) For fiscal year 2005, not less than 50 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(B) For fiscal year 2006, not less than 50 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(C) For fiscal year 2007, not less than 45 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(D) For fiscal year 2008, not less than 40 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(E) For fiscal year 2009, not less than 40 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) a description of the priorities and plan for awarding
grants among eligible States and units of local government, and how
such plan will ensure the effective use of DNA technology to solve
crimes and protect public safety.'';
(5) in subsection (j), by striking paragraphs (1) and (2) and
inserting the following:
``(1) $151,000,000 for fiscal year 2005;
``(2) $151,000,000 for fiscal year 2006;
``(3) $151,000,000 for fiscal year 2007;
``(4) $151,000,000 for fiscal year 2008; and
``(5) $151,000,000 for fiscal year 2009.''; and
``(6) by adding at the end the following:
``(k) Use of Funds for Accreditation and Audits.--The Attorney
General may distribute not more than 1 percent of the grant amounts
under subsection (j)--
``(1) to States or units of local government to defray the
costs incurred by laboratories operated by each such State or unit
of local government in preparing for accreditation or
reaccreditation;
``(2) in the form of additional grants to States, units of
local government, or nonprofit professional organizations of
persons actively involved in forensic science and nationally
recognized within the forensic science community--
``(A) to defray the costs of external audits of
laboratories operated by such State or unit of local
government, which participates in the National DNA Index
System, to determine whether the laboratory is in compliance
with quality assurance standards;
``(B) to assess compliance with any plans submitted to the
National Institute of Justice, which detail the use of funds
received by States or units of local government under this Act;
and
``(C) to support future capacity building efforts; and
``(3) in the form of additional grants to nonprofit
professional associations actively involved in forensic science and
nationally recognized within the forensic science community to
defray the costs of training persons who conduct external audits of
laboratories operated by States and units of local government and
which participate in the National DNA Index System.
``(l) Use of Funds for Other Forensic Sciences.--The Attorney
General may award a grant under this section to a State or unit of
local government to alleviate a backlog of cases with respect to a
forensic science other than DNA analysis if the State or unit of local
government--
``(1) certifies to the Attorney General that in such State or
unit--
``(A) all of the purposes set forth in subsection (a) have
been met;
``(B) a significant backlog of casework is not waiting for
DNA analysis; and
``(C) there is no need for significant laboratory
equipment, supplies, or additional personnel for timely DNA
processing of casework or offender samples; and
``(2) demonstrates to the Attorney General that such State or
unit requires assistance in alleviating a backlog of cases
involving a forensic science other than DNA analysis.
``(m) External Audits and Remedial Efforts.--In the event that a
laboratory operated by a State or unit of local government which has
received funds under this Act has undergone an external audit conducted
to determine whether the laboratory is in compliance with standards
established by the Director of the Federal Bureau of Investigation,
and, as a result of such audit, identifies measures to remedy
deficiencies with respect to the compliance by the laboratory with such
standards, the State or unit of local government shall implement any
such remediation as soon as practicable.''.
SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.
(a) Inclusion of All DNA Samples From States.--Section 210304 of
the DNA Identification Act of 1994 (42 U.S.C. 14132) is amended--
(1) in subsection (a)(1), by striking ``of persons convicted of
crimes;'' and inserting the following: ``of--
``(A) persons convicted of crimes;
``(B) persons who have been charged in an indictment or
information with a crime; and
``(C) other persons whose DNA samples are collected under
applicable legal authorities, provided that DNA profiles from
arrestees who have not been charged in an indictment or
information with a crime, and DNA samples that are voluntarily
submitted solely for elimination purposes shall not be included
in the National DNA Index System;''; and
(2) in subsection (d)(2)--
(A) by striking ``if the responsible agency'' and inserting
``if--
``(i) the responsible agency'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(ii) the person has not been convicted of an offense on
the basis of which that analysis was or could have been
included in the index, and all charges for which the analysis
was or could have been included in the index have been
dismissed or resulted in acquittal.''.
(b) Felons Convicted of Federal Crimes.--Section 3(d) of the DNA
Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is
amended to read as follows:
``(d) Qualifying Federal Offenses.--The offenses 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 defined 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 offenses 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 including information on DNA identification records
or DNA analyses in that index may also access that index for
purposes of carrying out a one-time keyboard search on information
obtained from any DNA sample lawfully collected for a criminal
justice purpose except for a DNA sample voluntarily submitted
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 sample is compared with information in the index without
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 Identification Act of 1994 (42 U.S.C.
14133(c)(2)) is amended by striking ``$100,000'' and inserting
``$250,000, or imprisoned 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 amended 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 following:
``Sec. 3297. Cases involving DNA evidence
``In a case in which DNA testing implicates an identified person in
the commission of a felony, except for a felony offense under chapter
109A, no statute of limitations that would otherwise preclude
prosecution of the offense shall preclude such prosecution until a
period of time following the implication of the person by DNA testing
has elapsed that is equal to the otherwise applicable limitation
period.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended 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 committed 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 violence,'' after
``domestic violence,'';
(2) in subsection (b)--
(A) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively;
(B) by inserting before paragraph (2), as redesignated by
subparagraph (A), the following:
``(1) Dating violence.--The term `dating violence' 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 violence,'' 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 ``, dating violence,''
after ``domestic violence'';
(B) in paragraph (2), by inserting ``, dating violence,''
after ``domestic violence'';
(C) in paragraph (3), by inserting ``, dating violence,''
after ``domestic violence''; and
(D) in paragraph (4), by inserting ``dating violence,''
after ``domestic violence,'';
(5) in subsection (e), by inserting ``dating violence,'' 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 Elimination 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 purposes 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 contract 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 approved by the Attorney
General.
``(C) Payments.--The Attorney General may use amounts
authorized under subsection (j) to make payments to a
laboratory described under subparagraph (B).''.
TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004
SEC. 301. SHORT TITLE.
This title may be cited as the ``DNA Sexual Assault Justice Act of
2004''.
SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL
STANDARDS.
Section 210304(b)(2) of the DNA Identification Act of 1994 (42
U.S.C. 14132(b)(2)) is amended to read as follows:
``(2) prepared by laboratories that--
``(A) not later than 2 years after the date of enactment of
the DNA Sexual Assault Justice Act of 2004, have been
accredited by a nonprofit professional association of persons
actively involved in forensic science that is nationally
recognized within the forensic science community; and
``(B) undergo external audits, not less than once every 2
years, that demonstrate compliance with standards established
by the Director of the Federal Bureau of Investigation; and''.
SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, 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 technicians, investigators, and
others who collect or examine 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 officers 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 section.
SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.
(a) In General.--The Attorney General shall make grants to eligible
entities to provide training, technical assistance, education,
equipment, and information relating to the identification, collection,
preservation, analysis, and use of DNA samples and DNA evidence by
medical personnel and other personnel, including doctors, medical
examiners, coroners, nurses, victim service providers, and other
professionals involved in treating victims of sexual assault and sexual
assault examination programs, including SANE (Sexual Assault Nurse
Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual
Assault 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, involved 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 section.
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 forensic tools. The demonstration
projects shall include scientific evaluation of the public safety
benefits, improvements to law enforcement operations, and cost-
effectiveness 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 section.
SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.
(a) Appointment.--The Attorney General shall appoint 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 subsection
(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 technologies and techniques to solve crimes and
protect the public;
(3) identify potential scientific advances that may assist law
enforcement in using forensic technologies 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 technologies and techniques to solve crimes and protect
the public;
(6) examine additional issues pertaining to forensic science as
requested by the Attorney General;
(7) examine Federal, State, and local privacy protection
statutes, regulations, and practices relating to access to, or use
of, stored DNA samples or DNA analyses, to determine whether such
protections are sufficient;
(8) make specific recommendations to the Attorney General, as
necessary, to enhance the protections described in paragraph (7) to
ensure--
(A) the appropriate use and dissemination of DNA
information;
(B) the accuracy, security, and confidentiality of DNA
information;
(C) the timely removal and destruction of obsolete,
expunged, or inaccurate DNA information; and
(D) that any other necessary measures are taken to protect
privacy; and
(9) provide a forum for the exchange and dissemination of ideas
and information in furtherance of the objectives described in
paragraphs (1) through (8).
(c) Personnel; Procedures.--The Attorney General 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 activities described under subsection (b).
(b) Programs and Activities.--The Federal Bureau 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 Program; 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 government that
receives funding under this section shall be required to submit the DNA
profiles of such missing persons 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 UNAUTHORIZED DISCLOSURE OR
USE OF DNA INFORMATION.
Section 10(c) of the DNA Analysis Backlog Elimination 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
imprisoned 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 Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by
adding at the end the following:
``(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 violence and sexual
assault against American Indian 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 services to American Indian women victimized by
domestic and sexual violence.
``(2) Grants to tribal coalitions.--The Attorney General shall
award grants under paragraph (1) to--
``(A) established nonprofit, nongovernmental tribal
coalitions addressing domestic violence and sexual assault
against American Indian and Alaska Native women; and
``(B) individuals or organizations that propose to
incorporate as nonprofit, nongovernmental tribal coalitions to
address domestic violence and sexual assault against American
Indian and Alaska Native women.
``(3) Eligibility for other grants.--Receipt of an award under
this subsection by tribal domestic violence and sexual assault
coalitions shall not preclude the coalition from receiving
additional grants under this title to carry out the purposes
described in subsection (b).''.
(b) Technical Amendment.--Effective as of November 2, 2002, and as
if included therein as enacted, Public Law 107-273 (116 Stat. 1789) is
amended in section 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 section
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 examination, latent prints,
toxicology, controlled substances, forensic pathology, questionable
documents, and trace evidence.
``(3) To train, assist, and employ forensic laboratory
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 section, 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 Omnibus 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 exists and an
appropriate process is in place to conduct independent external
investigations into allegations of serious negligence or misconduct
substantially affecting the integrity of the forensic results
committed by employees or contractors of any forensic laboratory
system, medical examiner's office, coroner's office, law
enforcement storage facility, or medical facility in the State that
will receive a portion 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 amended 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 title II and the amendments made
by this title and title II.
(b) Contents.--The report submitted under subsection (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 System (referred to in this subsection as ``CODIS'');
(B) analyzing samples from crime scenes, including evidence
collected from sexual assaults and other serious violent
crimes, and entering such DNA analyses in CODIS; and
(C) increasing the capacity of forensic laboratories 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 and title II are carried out;
(3) the distribution of grant amounts under this title and
title II 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 personnel, court officers, medical
personnel, victim service 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 development programs to
improve forensic DNA technology, 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 unidentified 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 311;
(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.
``Sec. 3600. DNA testing
``(a) In General.--Upon a written motion by an individual under a
sentence of imprisonment or death pursuant 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 applicant is under
a sentence of imprisonment or death; or
``(B) another Federal or State offense, if--
``(i) evidence of such offense was admitted 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 testing
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
requesting DNA testing of specified evidence relating
to the State offense.
``(2) The specific evidence to be tested was secured in
relation to the investigation or prosecution of the Federal or
State offense referenced in the applicant'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 Protection 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 consistent with accepted
forensic practices.
``(6) The applicant identifies a theory of defense that--
``(A) is not inconsistent with an affirmative defense
presented at trial; and
``(B) would establish the actual innocence of the applicant
of the Federal or State offense referenced in the applicant's
assertion under paragraph (1).
``(7) If the applicant was convicted following a trial, the
identity of the perpetrator was at issue in the trial.
``(8) The proposed DNA testing of the specific evidence may
produce new material evidence that would--
``(A) support the theory of defense referenced 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 comparison.
``(10) The motion is made in a timely fashion, subject to the
following conditions:
``(A) There shall be a rebuttable presumption 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 the
applicant's filing is done solely to cause delay or harass.
``(B) There shall be a rebuttable presumption against
timeliness for any motion not satisfying subparagraph (A)
above. Such presumption may be rebutted upon the court's
finding--
``(i) that the applicant was or is incompetent and such
incompetence substantially contributed to the delay in the
applicant's motion for a DNA test;
``(ii) the evidence to be tested is newly discovered
DNA evidence;
``(iii) that the applicant's motion is not based solely
upon the applicant's own assertion of innocence and, after
considering all relevant facts and circumstances
surrounding 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 indisputable 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 section, the court shall direct the
Government to preserve 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 carried 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
results.
``(3) Costs.--The costs of any DNA testing ordered under this
section shall be paid--
``(A) by the applicant; or
``(B) in the case of an applicant who is indigent, 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 section 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
appropriate.
``(e) Reporting of Test Results.--
``(1) In general.--The results of any DNA testing ordered under
this section shall be simultaneously 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 inconclusive 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 section exclude the applicant as the source
of the DNA evidence, and a comparison of the DNA sample of the
applicant results in a match between the DNA sample of the
applicant and another 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 applicant 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 results 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 results obtained under
this section show that the applicant 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 innocence was false, and, if the court
makes such a finding, the court may hold the applicant in
contempt;
``(ii) assess against the applicant the cost of any DNA
testing carried out under this section;
``(iii) forward the finding to the Director of the
Bureau of Prisons, who, upon receipt of such a finding, may
deny, wholly or in part, the good conduct credit authorized
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 applicant 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 Government 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
results, when considered with all other evidence in the case
(regardless of whether such evidence was introduced 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 applicant is under a sentence of
imprisonment or death; and
``(B) in the case of a motion for resentencing, another
Federal or State offense, if evidence of such offense was
admitted during a Federal death sentencing hearing and
exoneration of such offense would entitle the applicant to a
reduced sentence or a new sentencing proceeding.
``(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-conviction 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 determining whether the motion or any other motion
is a second or successive motion under section 2255.
``Sec. 3600A. Preservation of biological evidence
``(a) In General.--Notwithstanding any other provision of law, the
Government shall preserve biological evidence 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 defendant under section 3600, and no
appeal is pending;
``(2) the defendant knowingly and voluntarily waived the right
to request DNA testing of the biological evidence in a court
proceeding conducted after the date of enactment of the Innocence
Protection 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 measures 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.--Nothing 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 preserved.
``(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 appropriate 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 subjected 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 analysis 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 established under
paragraph (1), the Federal courts shall provide to the Attorney
General any requested assistance in operating such a system and in
ensuring the accuracy and completeness of information included 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 pursuant 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 required to be
submitted under paragraph (3) may include 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 recommendations the
Attorney General may have relating to future legislative action
concerning that section.
(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
enactment.
SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING GRANT PROGRAM.
(a) In General.--The Attorney General shall establish 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 CONSIDERATION OF CLAIMS
OF ACTUAL INNOCENCE.
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 eligible entity
operates--
(A) provides post-conviction DNA testing of specified
evidence--
(i) under a State statute enacted before 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 ensures 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 imprisonment 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,
notwithstanding 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 jurisdictions within the State to preserve
such evidence; or
(ii) under a State statute or a State or local rule,
regulation, or practice, enacted or adopted after the date
of enactment 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 preserve 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 Capital
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, expert, and
other services necessary for competent representation.
(c) Use of Funds.--Grants awarded under subsection (a)--
(1) shall be used to establish, implement, or improve an
effective system for providing competent legal representation to--
(A) indigents charged with an offense subject 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 indirectly,
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 subsection (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 relies on staff
attorneys, members of the private bar, or both, to provide
representation in capital cases;
(B) in an entity established by statute or by the highest
State court with jurisdiction in criminal cases, which is
composed of individuals with demonstrated knowledge and
expertise in capital cases, except for individuals currently
employed as prosecutors; or
(C) pursuant to a statutory procedure enacted before the
date of the enactment of this Act under which the trial judge
is required to appoint qualified attorneys from a roster
maintained by a State or regional selection committee or
similar entity; and
(2) requires the program described in paragraph (1)(A), the
entity described in paragraph (1)(B), or an appropriate entity
designated pursuant to the statutory procedure described in
paragraph (1)(C), as applicable, to--
(A) establish qualifications for attorneys who may be
appointed to represent indigents in capital cases;
(B) establish and maintain a roster of qualified attorneys;
(C) except in the case of a selection committee or similar
entity described in paragraph (1)(C), assign 2 attorneys from
the roster to represent an indigent in a capital case, or
provide 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 attorney need not
remain assigned to represent the indigent to ensure competent
representation;
(D) conduct, sponsor, or approve specialized training
programs for attorneys representing defendants in capital
cases;
(E)(i) monitor the performance of attorneys who are
appointed and their attendance at training programs; and
``(ii) remove from the roster attorneys who--
``(I) fail to deliver effective representation or
engage in unethical conduct;
``(II) fail to comply with such requirements as such
program, entity, or selection committee or similar entity
may establish regarding participation in training programs;
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 competent 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 paragraph (1)(C), in accordance with
the requirements of that statutory procedure; and
(ii) in all other cases, as follows:
(I) Attorneys employed by a public defender program
shall be compensated 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 service, 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 investigators, mitigation specialists, and
experts, 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 programs 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 potential 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 systematic review of cases in which a
death sentence was imposed in order to identify cases in which
post-conviction DNA testing may be appropriate.
(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 establish 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 officer of the State
that the State authorizes capital punishment under its laws and
conducts, or will conduct, prosecutions in which capital
punishment is sought;
(B) a description of the communities to be served by the
grant, including the nature of existing capital defender
services and capital prosecution programs within such
communities;
(C) a long-term statewide strategy and detailed
implementation plan that--
(i) reflects consultation with the judiciary, the
organized bar, and State and local prosecutor and defender
organizations; and
(ii) establishes as a priority improvement in the
quality of trial-level representation 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
substantial compliance with the requirements of the applicable
State statute; and
(E) assurances that Federal funds received under this
subtitle shall be--
(i) used to supplement and not supplant non-Federal
funds that would otherwise be available for activities
funded under this subtitle; and
(ii) allocated in accordance with section 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 section 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 identifying and
appointing qualified attorneys to represent indigents in
capital cases in a program described in section 421(e)(1)(A),
an entity described 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 selection committee
or similar entity, or other appropriate entity designated
pursuant to the statutory procedure described in section
421(e)(1)(C), to--
(i) establish qualifications for attorneys who may be
appointed to represent indigents in capital cases in
accordance with section 421(e)(2)(A);
(ii) establish and maintain a roster of qualified
attorneys in accordance with section 421(e)(2)(B);
(iii) assign attorneys from the roster in accordance
with section 421(e)(2)(C);
(iv) conduct, sponsor, or approve specialized training
programs for attorneys representing defendants in capital
cases in accordance with section 421(e)(2)(D);
(v) monitor the performance and training program
attendance of appointed attorneys, and remove from the
roster attorneys who fail to deliver effective
representation or fail to comply with such requirements as
such program, entity, or selection committee or similar
entity may establish regarding participation in training
programs, in accordance with section 421(e)(2)(E); and
(vi) ensure funding for the cost of competent legal
representation by the defense 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 program and the salaries
received by attorneys in the prosecutor's office in the
jurisdiction;
(II) if the State employs appointed 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-attorney members of
the defense team, and the basis on which such amounts
were determined; and
(IV) the amounts for which attorney and non-
attorney members of the defense team were reimbursed
for reasonable incidental expenses;
(3) in the case of a State that employs a statutory 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 capital cases or to supplant non-
Federal funds.
(c) Capital Prosecution Improvement Grants.--With respect to the
funds provided under section 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 programs 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 appropriate 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 potential 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 systematic review of cases in which a
death sentence was imposed in order to identify cases in which
post-conviction DNA testing may be appropriate 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 Reports.--The annual reports
to the Attorney General submitted by any State under this section shall
be made available to the public.
SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRATIVE 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 receives funds under a grant
made under this subtitle, the Inspector General of the Department
of Justice (in this section referred to as the ``Inspector
General'') shall--
(A) submit to the Committee on the Judiciary of the House
of Representatives and the Committee on the Judiciary of the
Senate a report 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 deficiencies and make recommendations to the
Attorney General for corrective action.
(2) Priority.--In conducting evaluations under this subsection,
the Inspector General shall give priority to States that the
Inspector General determines, 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 procedure states.--For each
State that employs a statutory 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 statute.
(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 maintain 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 section 424 or in establishing the priority
for conducting evaluations under this section.
(b) Administrative Review.--
(1) Comment.--Upon the submission of a report 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 Attorney General, after
reviewing a report under subsection (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 Attorney 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 corrective action that has been approved by the Attorney
General within 90 days after the submission of the report under
subsection (a)(1) or the determination under subsection (a)(3), the
Attorney General shall, within 30 days, issue guidance to the State
regarding 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 corrective 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 subsection (b) and is not in
compliance with the terms and conditions of the grant, the Attorney
General shall discontinue 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 paragraph shall prevent
a State which has been subject to penalties 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 compliance of each State with the
terms and conditions of the grant.
(e) Administrative Costs.--Not less than 2.5 percent 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 Statutory 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 determination 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 requirements of this subsection
apply in addition to, and not instead of, the other requirements of
this section.
SEC. 426. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization for Grants.--There are authorized 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 inserting ``exceed $100,000
for each 12-month period of incarceration for any plaintiff who was
unjustly sentenced to death and $50,000 for each 12-month period of
incarceration for any other plaintiff''.
SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION 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 sentenced to death.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.