[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[Senate]
[Pages S10369-S10377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3950. Ms. COLLINS (for herself and Mr. Lieberman) proposed an 
amendment to amendment SA 3705 proposed by Ms. Collins (for herself, 
Mr. Carper, and Mr. Lieberman) to the bill S. 2845, to reform the 
intelligence community and the intelligence and intelligence-related 
activities of the United States Government, and for other purposes; as 
follows:

       On page 5, after line 2, insert the following:
       (7) Grant programs under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121-5206.).
       On page 10, line 17, strike the semicolon and all that 
     follows through page 11, line 7, and insert a period.
       On page 12, line 5, strike ``(5)'' and insert ``(6)''.
       On page 12, lines 17 through 20, strike ``technical 
     assistance provided by any Federal agency to States and local 
     governments to conduct threat analyses and vulnerability 
     assessments'' and insert ``technical assistance provided by 
     any Federal agency to States and local governments regarding 
     homeland security matters''.
       On page 18, line 9, insert ``secure'' after ``for''.
       On page 23, line 18, insert ``on the basis of terrorist 
     threat'' after ``grant''.
       On page 25, line 24, insert ``on the basis of terrorist 
     threat'' after ``distribute''.
                                 ______
                                 
  SA 3951. Mr. LEAHY submitted an amendment intended to be proposed to 
amendment SA 3724 proposed by Mr. Kyl (for himself, Mr. Cornyn, Mr. 
Chambliss, and Mr. Nickles) to the bill S. 2845, to reform the 
intelligence community and the intelligence and intelligence-related 
activities of the United States Government, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

         DIVISION __--ADVANCING JUSTICE THROUGH DNA TECHNOLOGY

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Division may be cited as the 
     ``Advancing Justice Through DNA Technology Act of 2004''.
       (b) Table of Contents.--The table of contents of this 
     Division is as follows:

Sec. 1. Short title; table of contents.

                   TITLE I--DEBBIE SMITH ACT OF 2004

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 2004

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. National Forensic Science Commission.
Sec. 207. FBI DNA programs.
Sec. 208. DNA identification of missing persons.
Sec. 209. Enhanced criminal penalties for unauthorized disclosure or 
              use of DNA information.
Sec. 210. Tribal coalition grants.
Sec. 211. Expansion of Paul Coverdell Forensic Science Improvement 
              Grant Program.
Sec. 212. Report to Congress.

              TITLE III--INNOCENCE PROTECTION ACT OF 2004

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--DEBBIE SMITH ACT OF 2004

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Debbie Smith Act of 
     2004''.

     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

[[Page S10370]]

       (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) 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. 103. 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 Combined 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

[[Page S10371]]

     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.''.

     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, 
     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 II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``DNA Sexual Assault Justice 
     Act of 2004''.

     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 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. 203. 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. 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;
       (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. 205. 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. 206. 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

[[Page S10372]]

     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. 207. 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. 208. 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) 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. 209. 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. 210. 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. 211. 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. 212. 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 Division and 
     the amendments made by this Division.
       (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 Division are carried out;
       (3) the distribution of grant amounts under this Division 
     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

[[Page S10373]]

     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 206;
       (7) the use of funds by the Federal Bureau of Investigation 
     under section 207;
       (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 208;
       (9) grants awarded and the use of such grants by eligible 
     entities to eliminate forensic science backlogs under the 
     amendments made by section 211;
       (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 2004

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Innocence Protection Act 
     of 2004''.

        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. 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--
       ``(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(c) 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--
       ``(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 filed under this section; 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) 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

[[Page S10374]]

     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(c) 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) 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) 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;
       ``(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 Division;
       (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 Division, 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 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. 313. 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 203, 205, 208, and 312 
     shall be reserved for grants to eligible entities that--
       (1) meet the requirements under section 203, 205, 208, 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 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. 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

[[Page S10375]]

     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) 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) 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 such program, entity, or selection committee or similar 
     entity may establish regarding participation in training 
     programs; 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. 322. 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. 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;
       (D) in the case of a State that employs a statutory 
     procedure described in section 321(d)(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 326(b).

     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 a program described in section 321(d)(1)(A), 
     an entity described in section 321(d)(1)(B), or a selection 
     committee or similar entity described in section 
     321(d)(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 
     321(d)(1)(C), 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 such program, entity, or 
     selection committee or similar entity may establish regarding 
     participation in training programs, in accordance with 
     section 321(d)(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 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 non-attorney members of the 
     defense team, and the basis

[[Page S10376]]

     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 321(d)(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 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 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.
       (3) Determination for statutory procedure states.--For each 
     State that employs a statutory procedure described in section 
     321(d)(1)(C), the Inspector General shall submit to Congress, 
     not later than the end of the first fiscal year for which 
     such State receives funds, after affording an opportunity for 
     any person to provide comments on a certification submitted 
     under section 323(b)(2)(D), a determination as to whether the 
     State is in substantial compliance with the requirements of 
     the applicable State statute.
       (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, 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 
     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 321(d)(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 321.
       (2) Rule of construction.--The requirements of this 
     subsection apply in addition to, and not instead of, the 
     other requirements of this section.

     SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization for Grants.--There are authorized to be 
     appropriated $100,000,000 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 321 and the uses described in section 322, except 
     as provided in section 325(f).

         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.
                                 ______
                                 
  SA 3952. Mr. LIEBERMAN (for Mr. Kennedy) submitted an amendment 
intended to be proposed by Mr. Lieberman to the bill S. 2845, to reform 
the intelligence community and the intelligence and intelligence-
related activities of the United States Government, and for other 
purposes; as follows:

       On page 170, between lines 8 and 9, insert the following:
       (i) Protections for Human Research Subjects.--The Secretary 
     of Homeland Security shall ensure that the Department of 
     Homeland Security complies with the protections for human 
     research subjects, as described in part 46 of title 45, Code 
     of Federal Regulations, or in equivalent regulations as 
     promulgated by such Secretary, with respect to research that 
     is conducted or supported by such Department.
                                 ______
                                 
  SA 3953. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed to amendment SA 3941 submitted by Mr. Graham of Florida and 
intended to be proposed to the bill S. 2845, to reform the intelligence 
community and the intelligence and intelligence-related activities of 
the United States Government, and for other purposes; which was ordered 
to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. TREATMENT OF FOREIGN STATES.

       (a) Immunity of a Foreign State.--Section 1605(a) of title 
     28, United States Code, is amended by striking paragraph (7) 
     not including subparagraph (B) and inserting the following:
       ``(7) not otherwise covered by paragraph (2), in which 
     money damages are sought against a foreign state for personal 
     injury or death, or damage to or loss of property, that was 
     caused by an act of torture, extrajudicial killing, aircraft 
     sabotage, hostage taking, or the provision of material 
     support or resources (as defined in section 2339A of title 
     18) for such an act if such act or provision of material 
     support is engaged in by an official, employee, or agent of 
     such foreign state while acting within the scope of

[[Page S10377]]

     his or her office, employment, or agency, except that the 
     court shall decline to hear a claim under this paragraph--
       ``(A) if the foreign state was not designated as a state 
     sponsor of terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371) at the time the act occurred, unless later so 
     designated as a result of such act or the act is related to 
     the September 11, 2001, terrorist attacks against the World 
     Trade Center, the Pentagon, and other targets in the United 
     States; and''.
       (b) Definition of National of the United States.--Section 
     2332f(e) of title 18, United States Code, is amended by 
     striking paragraph (2) and inserting the following:
       ``(2) national of the United States means--
       ``(A) a person described in section 101(a)(22) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); or
       ``(B) an organization which is incorporated or chartered or 
     has its principal place of business in the United States;''.
                                 ______
                                 
  SA 3954. Ms. COLLINS (for Mr. Lott) submitted an amendment intended 
to be proposed by Ms. Collins to the bill H.R. 5122, to amend the 
Congressional Accountability Act of 1995 to permit members of the Board 
of Directors of the Office of Compliance to serve for 2 terms; as 
follows:

       On page 2, line 11, strike ``the date of the enactment of 
     this Act'' and insert ``September 30, 2004''.
                                 ______
                                 
  SA 3955. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESTRICTION ON ISSUANCE OF MULTIPLE REPLACEMENT 
                   SOCIAL SECURITY CARDS.

       (a) In General.--The Commissioner of Social Security shall 
     issue regulations to restrict the issuance of multiple 
     replacement social security cards to any individual to not 
     more than 3 per year and not more than 10 for the life of the 
     individual, except in any case in which the Commissioner 
     determines there is minimal opportunity for fraud.
       (b) Rulemaking.--The Commissioner of Social Security shall 
     issue regulations to carry out the amendment made by 
     subsection (a) not later than 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 3956. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2845, to reform the intelligence community and the 
intelligence and intelligence-related activities of the United States 
Government, and for other purposes; which was ordered to lie on the 
table; as follows:
       In lieu of the matter proposed, insert the following:

     SEC. __. RESTRICTION ON ISSUANCE OF MULTIPLE REPLACEMENT 
                   SOCIAL SECURITY CARDS.

       (a) In General.--The Commissioner of Social Security shall 
     issue regulations to restrict the issuance of multiple 
     replacement social security cards to any individual to not 
     more than 3 per year and not more than 10 for the life of the 
     individual, except in any case in which the Commissioner 
     determines there is minimal opportunity for fraud.
       (b) Rulemaking.--The Commissioner of Social Security shall 
     issue regulations to carry out the amendment made by 
     subsection (a) not later than 180 days after the date of 
     enactment of this Act.

                          ____________________