[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1700 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1700

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 2003

Mr. Hatch (for himself, Mr. Biden, Mr. Specter, Mr. Leahy, Mr. DeWine, 
 Mrs. Feinstein, Mr. Smith, Mr. Kennedy, Ms. Collins, Mr. Schumer, Mr. 
Warner, Mr. Durbin, Mr. Campbell, Mr. Kohl, Mrs. Clinton, Ms. Cantwell, 
Mrs. Murray, and Ms. Landrieu) introduced the following bill; which was 
       read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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 ``Advancing Justice 
Through DNA Technology Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003

Sec. 101. Short title.
Sec. 102. Debbie Smith DNA Backlog Grant Program.
Sec. 103. Expansion of Combined DNA Index System.
Sec. 104. Tolling of statute of limitations.
Sec. 105. Legal assistance for victims of violence.
Sec. 106. Ensuring private laboratory assistance in eliminating DNA 
                            backlog.
            TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

Sec. 201. Short title.
Sec. 202. Ensuring public crime laboratory compliance with Federal 
                            standards.
Sec. 203. DNA training and education for law enforcement, correctional 
                            personnel, and court officers.
Sec. 204. Sexual assault forensic exam program grants.
Sec. 205. DNA research and development.
Sec. 206. FBI DNA programs.
Sec. 207. DNA identification of missing persons.
Sec. 208. Enhanced criminal penalties for unauthorized disclosure or 
                            use of DNA information.
Sec. 209. Tribal coalition grants.
Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement 
                            Grant Program.
Sec. 211. Report to Congress.
              TITLE III--INNOCENCE PROTECTION ACT OF 2003

Sec. 301. Short title.
        Subtitle A--Exonerating the Innocent Through DNA Testing

Sec. 311. Federal post-conviction DNA testing.
Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 313. Incentive grants to States to ensure consideration of claims 
                            of actual innocence.
 Subtitle B--Improving the Quality of Representation in State Capital 
                                 Cases

Sec. 321. Capital representation improvement grants.
Sec. 322. Capital prosecution improvement grants.
Sec. 323. Applications.
Sec. 324. State reports.
Sec. 325. Evaluations by Inspector General and administrative remedies.
Sec. 326. Authorization of appropriations.
         Subtitle C--Compensation for the Wrongfully Convicted

Sec. 331. Increased compensation in Federal cases for the wrongfully 
                            convicted.
Sec. 332. Sense of Congress regarding compensation in State death 
                            penalty cases.

  TITLE I--RAPE KITS AND DNA EVIDENCE BACKLOG ELIMINATION ACT OF 2003

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Rape Kits and DNA Evidence Backlog 
Elimination Act of 2003''.

SEC. 102. 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 areas where 
                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 I 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 are participating in the National DNA 
                Index System in order to ensure 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) 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 in order to demonstrate 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. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM.

    (a) Inclusion of All DNA Samples From States.--Section 210304(a)(1) 
of the DNA Identification Act of 1994 (42 U.S.C. 14132(a)(1)) is 
amended by striking ``of persons convicted of crimes;'' and inserting 
the following: ``of--
                    ``(A) persons convicted of crimes; and
                    ``(B) other persons whose DNA samples are collected 
                under applicable legal authorities, provided that DNA 
                profiles from DNA samples that are voluntarily 
                submitted solely for elimination purposes shall not be 
                included in the Combined DNA Index System;''.
    (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)).''.

SEC. 104. 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. 105. 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. 106. 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.
                    ``(B) Redemption.--A voucher or contract under 
                subparagraph (A) may be redeemed at a laboratory 
                operated on a 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) for the collection of DNA samples or DNA analysis 
                of samples from casework.''.

            TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

SEC. 201. SHORT TITLE.

    This title may be cited as the ``DNA Sexual Assault Justice Act of 
2003''.

SEC. 202. 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 
                2003, 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. 203. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL 
              PERSONNEL, AND COURT OFFICERS.

    (a) In General.--The Attorney General shall make grants to States 
and units of local government 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 the fiscal years 2005 through 2009 
to carry out this section.

SEC. 204. 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; 
                and
                    (D) State sexual assault coalitions.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 for each of the fiscal years 2005 through 2009 
to carry out this section.

SEC. 205. DNA RESEARCH AND DEVELOPMENT.

    (a) Improving DNA Technology.--The Attorney General shall make 
grants to States and units of local government 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 conduct 
research through grants for 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) National Forensic Science Commission.--
            (1) 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 paragraph (2).
            (2) Responsibilities.--The Commission shall--
                    (A) assess the present and future resource needs of 
                the forensic science community;
                    (B) make recommendations to the Attorney General 
                for maximizing the use of forensic technologies and 
                techniques to solve crimes and protect the public;
                    (C) identify potential scientific advances that may 
                assist law enforcement in using forensic technologies 
                and techniques to protect the public;
                    (D) make recommendations to the Attorney General 
                for programs that will increase the number of qualified 
                forensic scientists available to work in public crime 
                laboratories;
                    (E) 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;
                    (F) examine additional issues pertaining to 
                forensic science as requested by the Attorney General;
                    (G) 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;
                    (H) make specific recommendations to the Attorney 
                General, as necessary, to enhance the protections 
                described in subparagraph (G) to ensure--
                            (i) the appropriate use and dissemination 
                        of DNA information;
                            (ii) the accuracy, security, and 
                        confidentiality of DNA information;
                            (iii) the timely removal and destruction of 
                        obsolete, expunged, or inaccurate DNA 
                        information; and
                            (iv) that any other necessary measures are 
                        taken to protect privacy; and
                    (I) provide a forum for the exchange and 
                dissemination of ideas and information in furtherance 
                of the objectives described in subparagraphs (A) 
                through (H).
            (3) Personnel; procedures.--The Attorney General shall--
                    (A) designate the Chair of the Commission from 
                among its members;
                    (B) designate any necessary staff to assist in 
                carrying out the functions of the Commission; and
                    (C) establish procedures and guidelines for the 
                operations of the Commission.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for each of the fiscal years 2005 through 2009 
to carry out this section.

SEC. 206. 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 the 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. 207. DNA IDENTIFICATION OF MISSING PERSONS.

    (a) In General.--The Attorney General shall make grants to States 
and units of local government to promote the use of forensic DNA 
technology to identify missing persons and unidentified human remains.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $2,000,000 for each of the fiscal years 2005 through 2009 
to carry out this section.

SEC. 208. 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 $100,000. Each 
instance of disclosure, obtaining, or use shall constitute a separate 
offense under this subsection.''.

SEC. 209. TRIBAL COALITION GRANTS.

    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 Indian women;
                    ``(B) enhancing the response to violence against 
                Indian women at the tribal, Federal, and State levels; 
                and
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                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 Indian women; and
                    ``(B) individuals or organizations that propose to 
                incorporate as nonprofit, nongovernmental tribal 
                coalitions to address domestic violence and sexual 
                assault against Indian 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).''.

SEC. 210. 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--
            ``(1) carry out'';
                    (B) by striking the period at the end and inserting 
                a semicolon; and
                    (C) by adding at the end the following:
            ``(2) 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; and
            ``(3) train, assist, and employ forensic laboratory 
        personnel, as needed, to eliminate a forensic evidence 
        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) Defined Term.--As used in this section, the term `forensic 
evidence backlog' means forensic evidence that--
            ``(1) has been stored in a laboratory, medical examiner's 
        office, or coroner's office; 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 the ``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, or 
        coroner's office 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 the ``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.''.

SEC. 211. REPORT TO CONGRESS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the implementation of this Act.
    (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 Act are carried out;
            (3) the distribution of grant amounts under this Act among 
        eligible States and local governments, and whether the 
        distribution of such funds has served the purposes of the 
        Debbie Smith DNA Backlog Grant Program;
            (4) grants awarded and the use of such grants by eligible 
        entities for DNA training and education programs for law 
        enforcement, correctional personnel, court officers, medical 
        personnel, victim service providers, and other personnel 
        authorized under sections 203 and 204;
            (5) grants awarded and the use of such grants by eligible 
        entities to conduct DNA research and development programs to 
        improve forensic DNA technology, and implement demonstration 
        projects under section 205;
            (6) the steps taken to establish the National Forensic 
        Science Commission, and the activities of the Commission under 
        section 205(c);
            (7) the use of funds by the Federal Bureau of Investigation 
        under section 206;
            (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 207;
            (9) grants awarded and the use of such grants by eligible 
        entities to eliminate forensic science backlogs under section 
        210;
            (10) State compliance with the requirements set forth in 
        section 313; and
            (11) any other matters considered relevant by the Attorney 
        General.

              TITLE III--INNOCENCE PROTECTION ACT OF 2003

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Innocence Protection Act of 
2003''.

        Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 311. FEDERAL POST-CONVICTION DNA TESTING.

    (a) Federal Criminal Procedure.--
            (1) In general.--Part II of title 18, United States Code, 
        is amended by inserting after chapter 228 the following:

              ``CHAPTER 228A--POST-CONVICTION DNA TESTING

``Sec.
``3600. DNA testing.
``3600A. Prohibition on destruction 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--
            ``(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)(I) such offense was legally necessary 
                        to make the applicant eligible for a sentence 
                        as a career offender under section 3559(e) or 
                        an armed career offender under section 924(e), 
                        and exoneration of such offense would entitle 
                        the applicant to a reduced sentence; or
                            ``(II) 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 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 2003; 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--
                    ``(A) would produce new material evidence to 
                support the theory of defense referenced in paragraph 
                (6); and
                    ``(B) assuming the DNA test result excludes the 
                applicant, would raise a reasonable probability that 
                the applicant did not commit the offense;
            ``(9) the applicant certifies that the applicant will 
        provide a DNA sample for purposes of comparison; and
            ``(10) the applicant's motion is filed for the purpose of 
        demonstrating the applicant's actual innocence of the Federal 
        or State offense, and not to delay the execution of the 
        sentence or the administration of justice.
    ``(b) Notice to the Government; Preservation Order; Appointment of 
Counsel.--
            ``(1) Notice.--Upon the receipt of a motion filed under 
        subsection (a), the court shall--
                    ``(A) notify the Government; and
                    ``(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) CODIS.--The Government shall submit any test results 
        relating to the DNA of the applicant to the Combined DNA Index 
        System (referred to in this subsection as `CODIS').
            ``(3) Retention of dna sample.--
                    ``(A) Entry into codis.--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 
                CODIS.
                    ``(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 CODIS if there is no other legal authority 
                to retain the DNA sample of the applicant in CODIS.
    ``(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 a preponderance of the 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--
                            ``(i) such offense was legally necessary to 
                        make the applicant eligible for a sentence as a 
                        career offender under section 3559(e) or an 
                        armed career offender under section 924(e), and 
                        exoneration of such offense would entitle the 
                        applicant to a reduced sentence; or
                            ``(ii) 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) Application not a motion.--An application under this 
        section shall not be considered to be a motion under section 
        2255 for purposes of determining whether the application or any 
        other motion is a second or successive motion under section 
        2255.
``Sec. 3600A. Prohibition on destruction of biological evidence
    ``(a) In General.--Notwithstanding any other provision of law, the 
Government shall not destroy 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.--The prohibition of the destruction of 
biological evidence under 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 such evidence in a court 
        proceeding conducted after the date of enactment of the 
        Innocence Protection Act of 2003;
            ``(3) the defendant is notified after conviction 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; or
            ``(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.
    ``(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.--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.''.
            (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 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 Act;
                    (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 Act, 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. 312. 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 the fiscal years 2005 through 2009 
to carry out this section.
    (c) States.--For purposes of this section, the term ``States'' 
means the States 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. 313. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS 
              OF ACTUAL INNOCENCE.

    For each of the fiscal years 2005 through 2009, all funds 
appropriated to carry out sections 203, 205, 207, and 312 shall be 
reserved for grants eligible entities that--
            (1) meet the requirements under section 203, 205, 207, or 
        312, 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 any person 
                        convicted after trial and under a sentence of 
                        imprisonment or death for a State offense, in a 
                        manner that ensures a meaningful process for 
                        resolving a claim 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 any 
                        person under a sentence of imprisonment or 
                        death for a State 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. 321. 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 representation in specific 
        capital cases.
    (d) 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 identifying and 
        appointing qualified attorneys to represent indigents in 
        capital cases in--
                    (A) a public defender program that relies on staff 
                attorneys, members of the private bar, or both, to 
                provide representation in capital cases; or
                    (B) 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; and
            (2) requires the entity described in paragraph (1) 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) 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) monitor the performance of attorneys who are 
                appointed and their attendance at training programs, 
                and remove from the roster attorneys who fail to 
                deliver effective representation or who fail to comply 
                with such requirements as the entity may establish 
                regarding participation in training programs; and
                    (F) ensure funding for the full cost of competent 
                legal representation by the defense team and outside 
                experts selected by counsel, who shall be compensated 
                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. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

    (a) In General.--The Attorney General shall award grants to States 
for the purpose of improving the representation of the public in State 
capital cases.
    (b) Use of Funds.--
            (1) Permitted uses.--Grants awarded under subsection (a) 
        shall be used to--
                    (A) design and implement training programs for 
                State and local prosecutors to ensure effective 
                representation in State capital cases;
                    (B) develop and implement appropriate standards and 
                qualifications for State and local prosecutors who 
                litigate State capital cases;
                    (C) 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) identify and implement any potential legal 
                reforms that may be appropriate to minimize the 
                potential for error in the trial of capital cases;
                    (E) 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; and
                    (F) provide support and assistance to the families 
                of murder victims.
            (2) Prohibited use.--Grants awarded under subsection (a) 
        shall not be used to fund the prosecution of specific capital 
        cases.

SEC. 323. 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; and
                    (D) 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 equally between the uses 
                        described in section 321 and the uses described 
                        in section 322.

SEC. 324. 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 321, 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 an entity described in section 
                321(d)(1); and
                    (B) requires the entity described in section 
                321(d)(1) to--
                            (i) establish qualifications for attorneys 
                        who may be appointed to represent indigents in 
                        capital cases in accordance with section 
                        321(d)(2)(A);
                            (ii) establish and maintain a roster of 
                        qualified attorneys in accordance with section 
                        321(d)(2)(B);
                            (iii) assign attorneys from the roster in 
                        accordance with section 321(d)(2)(C);
                            (iv) conduct, sponsor, or approve 
                        specialized training programs for attorneys 
                        representing defendants in capital cases in 
                        accordance with section 321(d)(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 the entity may 
                        establish regarding participation in training 
                        programs, in accordance with section 
                        321(d)(2)(E); and
                            (vi) ensure funding for the full cost of 
                        competent legal representation by the defense 
                        team and outside experts selected by counsel, 
                        in accordance with section 321(d)(2)(F), 
                        including a statement setting forth--
                                    (I) if the State employs a public 
                                defender program under section 
                                321(d)(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 321(d)(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 
                                nonattorney 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; and
            (3) 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 322, 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 322(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 
                322(b)(1)(B);
                    (C) assessed the performance of State and local 
                prosecutors who litigate State capital cases in 
                accordance with section 322(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 322(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 322(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. 325. 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 title, the Inspector General of the 
        Department of Justice (in this section referred to as the 
        ``Inspector General'') shall--
                    (A) after affording an opportunity for any person 
                to provide comments on a report submitted under section 
                324, submit to Congress and to the Attorney General 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 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.
    (b) Administrative Review.--
            (1) Comment.--Upon receiving the report under subsection 
        (a)(1), the Attorney General shall provide the State with an 
        opportunity to comment regarding the findings and conclusions 
        of the report.
            (2) Corrective action plan.--If the Attorney General, after 
        reviewing the report under subsection (a)(1), 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), the 
        Attorney General shall, within 30 days, direct the State to 
        take 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 a 
        directive to implement such a plan under paragraph (2), the 
        Attorney General shall submit a report to Congress 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 321 and 
322 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 the 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.

SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization for Grants.--There are authorized to be 
appropriated $100,000,000 for each of the 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 321 and the uses 
described in section 322.

         Subtitle C--Compensation for the Wrongfully Convicted

SEC. 331. 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. 332. 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.
                                 <all>