[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5107 Received in Senate (RDS)]
2d Session
H. R. 5107
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 7, 2004
Received
_______________________________________________________________________
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 the amendments made by this title.
(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 are carried out;
(3) the distribution of grant amounts under this title
among eligible States and local governments, and whether the
distribution of such funds has served the purposes of the
Debbie Smith DNA Backlog Grant Program;
(4) grants awarded and the use of such grants by eligible
entities for DNA training and education programs for law
enforcement, correctional 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 202;
(10) State compliance with the requirements set forth in
section 313; and
(11) any other matters considered relevant by the Attorney
General.
TITLE IV--INNOCENCE PROTECTION ACT OF 2004
SEC. 401. SHORT TITLE.
This title may be cited as the ``Innocence Protection Act of
2004''.
Subtitle A--Exonerating the Innocent Through DNA Testing
SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.
(a) Federal Criminal Procedure.--
(1) In general.--Part II of title 18, United States Code,
is amended by inserting after chapter 228 the following:
``CHAPTER 228A--POST-CONVICTION DNA TESTING
``Sec.
``3600. DNA testing.
``3600A. Preservation of biological evidence.
``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 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 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
representation; 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.
Passed the House of Representatives October 6, 2004.
Attest:
JEFF TRANDAHL,
Clerk.