[House Report 108-737]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-737

======================================================================



 
 PROVIDING FOR CONSIDERATION OF H.R. 5107, JUSTICE FOR ALL ACT OF 2004

                                _______
                                

 October 6 (legislative day, October 5), 2004.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

   Mrs. Myrick, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 823]

    The Committee on Rules, having had under consideration 
House Resolution 823, by a nonrecord vote, reports the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5107, the 
Justice for All Act of 2004, under a modified closed rule, 
providing one hour of debate in the House equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on the Judiciary. The rule waives all points of order 
against consideration of the bill.
    The rule provides for consideration of the amendment 
printed in this report, if offered by Representative 
Sensenbrenner of Wisconsin or his designee, which shall be 
considered as read, shall not be subject to a demand for 
division of the question, and shall be separately debatable for 
20 minutes equally divided and controlled by the proponent and 
opponent. The rule waives all points of order against the 
amendment printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                   SUMMARY OF AMENDMENT MADE IN ORDER

    (Summary derived from information provided by the amendment 
sponsor.)
    1. Sensenbrenner:
    Manager's Amendment. Changes provisions to allow a victim a 
right to bring a motion to enforce the right to be heard in 
plea and sentence and also allows a victim to be heard at a 
parole proceeding. Allows for a five year time period to file a 
motion for a DNA test and then provides for a rebuttable 
presumption against the test after that. Changes the standard 
for getting a new trial from a ``preponderance of the 
evidence'' standard to a ``compelling evidence'' standard. 
Reduces the amount authorized for capital representation and 
prosecution grants by $25 million and limits the amount that 
may be used for training and effective systems at the appellate 
level. Increases the penalties for misuse of DNA samples. (20 
minutes)

                    TEXT OF AMENDMENT MADE IN ORDER

  Page 2, after line 7, in the item in the table of contents 
relating to TITLE I, strike ``CAMBELL'' and insert 
``CAMPBELL''.
  Page 3, line 1, strike ``CAMBELL'' and insert ``CAMPBELL''.
  Page 4, line 12, insert after ``proceeding'' the following: 
``, or any parole proceeding,''.
  Page 4, line 16, insert after ``the court'' the following: 
``, after receiving clear and convincing evidence,''.
  Page 4, line 18, strike ``affected'' and insert ``altered''.
  Page 4, line 21, insert after ``proceeding'' the following: 
``in the district court''.
  Page 4, lines 21-22, strike ``or sentencing'' and insert ``, 
sentencing, or any parole proceeding''.
  Page 5, line 10, strike ``Before'' and all that follows 
through ``the right'' on line 11 and inserting ``Before making 
a determination''.
  Page 7, line 2, strike ``such motion'' and insert ``any 
motion asserting a victim's right''.
  Page 7, line 12, strike ``day,'' and all that follows through 
``trial,'' and insert ``days''.
  Page 7, line 13, insert after the period the following: ``If 
the court of appeals denies the relief sought, the reasons for 
the denial shall be clearly stated on the record in a written 
opinion.''.
  Page 7, line 20, strike ``, or'' and all that follows through 
the end of line 22 and insert ``. A victim may make a motion to 
re-open a plea or sentence only if--
                  ``(A) the victim has asserted the right to be 
                heard before or during the proceeding at issue 
                and such right was denied;
                  ``(B) the victim petitions the court of 
                appeals for a writ of mandamus within 10 days; 
                and
                  ``(C) in the case of a plea, the accused has 
                not pled to the highest offense charged.
        ``This paragraph does not affect the victim's right to 
        restitution as provided in title 18, United States 
        Code.''.

  Page 15, strike line 4 and all that follows through the end 
of the bill (titles II, III, and IV) and insert the following 
new titles:

                   TITLE II--DEBBIE SMITH ACT OF 2004

SEC. 201. SHORT TITLE.

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

SEC. 202. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

  (a) Designation of Program; Eligibility of Local Governments 
as Grantees.--Section 2 of the DNA Analysis Backlog Elimination 
Act of 2000 (42 U.S.C. 14135) is amended--
          (1) by amending the heading to read as follows:

``SEC. 2. THE DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.'';

          (2) in subsection (a)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``or units of local 
                        government'' after ``eligible States''; 
                        and
                          (ii) by inserting ``or unit of local 
                        government'' after ``State'';
                  (B) in paragraph (2), by inserting before the 
                period at the end the following: ``, including 
                samples from rape kits, samples from other 
                sexual assault evidence, and samples taken in 
                cases without an identified suspect''; and
                  (C) in paragraph (3), by striking ``within 
                the State'';
          (3) in subsection (b)--
                  (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``or unit of local 
                        government'' after ``State'' both 
                        places that term appears; and
                          (ii) by inserting ``, as required by 
                        the Attorney General'' after 
                        ``application shall'';
                  (B) in paragraph (1), by inserting ``or unit 
                of local government'' after ``State'';
                  (C) in paragraph (3), by inserting ``or unit 
                of local government'' after ``State'' the first 
                place that term appears;
                  (D) in paragraph (4)--
                          (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                          (ii) by striking ``and'' at the end;
                  (E) in paragraph (5)--
                          (i) by inserting ``or unit of local 
                        government'' after ``State''; and
                          (ii) by striking the period at the 
                        end and inserting a semicolon; and
                  (F) by adding at the end the following:
          ``(6) if submitted by a unit of local government, 
        certify that the unit of local government has taken, or 
        is taking, all necessary steps to ensure that it is 
        eligible to include, directly or through a State law 
        enforcement agency, all analyses of samples for which 
        it has requested funding in the Combined DNA Index 
        System; and'';
          (4) in subsection (d)--
                  (A) in paragraph (1)--
                          (i) in the matter preceding 
                        subparagraph (A), by striking ``The 
                        plan'' and inserting ``A plan pursuant 
                        to subsection (b)(1)'';
                          (ii) in subparagraph (A), by striking 
                        ``within the State''; and
                          (iii) in subparagraph (B), by 
                        striking ``within the State''; and
                  (B) in paragraph (2)(A), by inserting ``and 
                units of local government'' after ``States'';
          (5) in subsection (e)--
                  (A) in paragraph (1), by inserting ``or local 
                government'' after ``State'' both places that 
                term appears; and
                  (B) in paragraph (2), by inserting ``or unit 
                of local government'' after ``State'';
          (6) in subsection (f), in the matter preceding 
        paragraph (1), by inserting ``or unit of local 
        government'' after ``State'';
          (7) in subsection (g)--
                  (A) in paragraph (1), by inserting ``or unit 
                of local government'' after ``State''; and
                  (B) in paragraph (2), by inserting ``or units 
                of local government'' after ``States''; and
          (8) in subsection (h), by inserting ``or unit of 
        local government'' after ``State'' both places that 
        term appears.
  (b) Reauthorization and Expansion of Program.--Section 2 of 
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
14135) is amended--
          (1) in subsection (a)--
                  (A) in paragraph (3), by inserting ``(1) or'' 
                before ``(2)''; and
                  (B) by inserting at the end the following:
          ``(4) To collect DNA samples specified in paragraph 
        (1).
          ``(5) To ensure that DNA testing and analysis of 
        samples from crimes, including sexual assault and other 
        serious violent crimes, are carried out in a timely 
        manner.'';
          (2) in subsection (b), as amended by this section, by 
        inserting at the end the following:
          ``(7) specify that portion of grant amounts that the 
        State or unit of local government shall use for the 
        purpose specified in subsection (a)(4).'';
          (3) by amending subsection (c) to read as follows:
  ``(c) Formula for Distribution of Grants.--
          ``(1) In general.--The Attorney General shall 
        distribute grant amounts, and establish appropriate 
        grant conditions under this section, in conformity with 
        a formula or formulas that are designed to effectuate a 
        distribution of funds among eligible States and units 
        of local government that--
                  ``(A) maximizes the effective utilization of 
                DNA technology to solve crimes and protect 
                public safety; and
                  ``(B) allocates grants among eligible 
                entities fairly and efficiently to address 
                jurisdictions in which significant backlogs 
                exist, by considering--
                          ``(i) the number of offender and 
                        casework samples awaiting DNA analysis 
                        in a jurisdiction;
                          ``(ii) the population in the 
                        jurisdiction; and
                          ``(iii) the number of part 1 violent 
                        crimes in the jurisdiction.
          ``(2) Minimum amount.--The Attorney General shall 
        allocate to each State not less than 0.50 percent of 
        the total amount appropriated in a fiscal year for 
        grants under this section, except that the United 
        States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands shall each be allocated 0.125 
        percent of the total appropriation.
          ``(3) Limitation.--Grant amounts distributed under 
        paragraph (1) shall be awarded to conduct DNA analyses 
        of samples from casework or from victims of crime under 
        subsection (a)(2) in accordance with the following 
        limitations:
                  ``(A) For fiscal year 2005, not less than 50 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  ``(B) For fiscal year 2006, not less than 50 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  ``(C) For fiscal year 2007, not less than 45 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  ``(D) For fiscal year 2008, not less than 40 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).
                  ``(E) For fiscal year 2009, not less than 40 
                percent of the grant amounts shall be awarded 
                for purposes under subsection (a)(2).'';
          (4) in subsection (g)--
                  (A) in paragraph (1), by striking ``and'' at 
                the end;
                  (B) in paragraph (2), by striking the period 
                at the end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(3) a description of the priorities and plan for 
        awarding grants among eligible States and units of 
        local government, and how such plan will ensure the 
        effective use of DNA technology to solve crimes and 
        protect public safety.'';
          (5) in subsection (j), by striking paragraphs (1) and 
        (2) and inserting the following:
          ``(1) $151,000,000 for fiscal year 2005;
          ``(2) $151,000,000 for fiscal year 2006;
          ``(3) $151,000,000 for fiscal year 2007;
          ``(4) $151,000,000 for fiscal year 2008; and
          ``(5) $151,000,000 for fiscal year 2009.''; and
          (6) by adding at the end the following:
  ``(k) Use of Funds for Accreditation and Audits.--The 
Attorney General may distribute not more than 1 percent of the 
grant amounts under subsection (j)--
          ``(1) to States or units of local government to 
        defray the costs incurred by laboratories operated by 
        each such State or unit of local government in 
        preparing for accreditation or reaccreditation;
          ``(2) in the form of additional grants to States, 
        units of local government, or nonprofit professional 
        organizations of persons actively involved in forensic 
        science and nationally recognized within the forensic 
        science community--
                  ``(A) to defray the costs of external audits 
                of laboratories operated by such State or unit 
                of local government, which participates in the 
                National DNA Index System, to determine whether 
                the laboratory is in compliance with quality 
                assurance standards;
                  ``(B) to assess compliance with any plans 
                submitted to the National Institute of Justice, 
                which detail the use of funds received by 
                States or units of local government under this 
                Act; and
                  ``(C) to support future capacity building 
                efforts; and
          ``(3) in the form of additional grants to nonprofit 
        professional associations actively involved in forensic 
        science and nationally recognized within the forensic 
        science community to defray the costs of training 
        persons who conduct external audits of laboratories 
        operated by States and units of local government and 
        which participate in the National DNA Index System.
  ``(l) Use of Funds for Other Forensic Sciences.--The Attorney 
General may award a grant under this section to a State or unit 
of local government to alleviate a backlog of cases with 
respect to a forensic science other than DNA analysis if the 
State or unit of local government--
          ``(1) certifies to the Attorney General that in such 
        State or unit--
                  ``(A) all of the purposes set forth in 
                subsection (a) have been met;
                  ``(B) a significant backlog of casework is 
                not waiting for DNA analysis; and
                  ``(C) there is no need for significant 
                laboratory equipment, supplies, or additional 
                personnel for timely DNA processing of casework 
                or offender samples; and
          ``(2) demonstrates to the Attorney General that such 
        State or unit requires assistance in alleviating a 
        backlog of cases involving a forensic science other 
        than DNA analysis.
  ``(m) External Audits and Remedial Efforts.--In the event 
that a laboratory operated by a State or unit of local 
government which has received funds under this Act has 
undergone an external audit conducted to determine whether the 
laboratory is in compliance with standards established by the 
Director of the Federal Bureau of Investigation, and, as a 
result of such audit, identifies measures to remedy 
deficiencies with respect to the compliance by the laboratory 
with such standards, the State or unit of local government 
shall implement any such remediation as soon as practicable.''.

SEC. 203. EXPANSION OF COMBINED DNA INDEX SYSTEM.

  (a) Inclusion of All DNA Samples From States.--Section 210304 
of the DNA Identification Act of 1994 (42 U.S.C. 14132) is 
amended--
          (1) in subsection (a)(1), by striking ``of persons 
        convicted of crimes;'' and inserting the following: 
        ``of--
                  ``(A) persons convicted of crimes;
                  ``(B) persons who have been charged in an 
                indictment or information with a crime; and
                  ``(C) other persons whose DNA samples are 
                collected under applicable legal authorities, 
                provided that DNA profiles from arrestees who 
                have not been charged in an indictment or 
                information with a crime, and DNA samples that 
                are voluntarily submitted solely for 
                elimination purposes shall not be included in 
                the National DNA Index System;''; and
          (2) in subsection (d)(2)--
                  (A) by striking ``if the responsible agency'' 
                and inserting ``if--
                  ``(i) the responsible agency'';
                  (B) by striking the period at the end and 
                inserting ``; or''; and
                  (C) by adding at the end the following:
                  ``(ii) the person has not been convicted of 
                an offense on the basis of which that analysis 
                was or could have been included in the index, 
                and all charges for which the analysis was or 
                could have been included in the index have been 
                dismissed or resulted in acquittal.''.
  (b) Felons Convicted of Federal Crimes.--Section 3(d) of the 
DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 
14135a(d)) is amended to read as follows:
  ``(d) Qualifying Federal Offenses.--The offenses that shall 
be treated for purposes of this section as qualifying Federal 
offenses are the following offenses, as determined by the 
Attorney General:
          ``(1) Any felony.
          ``(2) Any offense under chapter 109A of title 18, 
        United States Code.
          ``(3) Any crime of violence (as that term is defined 
        in section 16 of title 18, United States Code).
          ``(4) Any attempt or conspiracy to commit any of the 
        offenses in paragraphs (1) through (3).''.
  (c) Military Offenses.--Section 1565(d) of title 10, United 
States Code, is amended to read as follows:
  ``(d) Qualifying Military Offenses.--The offenses that shall 
be treated for purposes of this section as qualifying military 
offenses are the following offenses, as determined by the 
Secretary of Defense, in consultation with the Attorney 
General:
          ``(1) Any offense under the Uniform Code of Military 
        Justice for which a sentence of confinement for more 
        than one year may be imposed.
          ``(2) Any other offense under the Uniform Code of 
        Military Justice that is comparable to a qualifying 
        Federal offense (as determined under section 3(d) of 
        the DNA Analysis Backlog Elimination Act of 2000 (42 
        U.S.C. 14135a(d))).''.
  (d) Keyboard Searches.--Section 210304 of the DNA 
Identification Act of 1994 (42 U.S.C. 14132), as amended by 
subsection (a), is further amended by adding at the end the 
following new subsection:
  ``(e) Authority for Keyboard Searches.--
          ``(1) In general.--The Director shall ensure that any 
        person who is authorized to access the index described 
        in subsection (a) for purposes of including information 
        on DNA identification records or DNA analyses in that 
        index may also access that index for purposes of 
        carrying out a one-time keyboard search on information 
        obtained from any DNA sample lawfully collected for a 
        criminal justice purpose except for a DNA sample 
        voluntarily submitted solely for elimination purposes.
          ``(2) Definition.--For purposes of paragraph (1), the 
        term `keyboard search' means a search under which 
        information obtained from a DNA sample is compared with 
        information in the index without resulting in the 
        information obtained from a DNA sample being included 
        in the index.
          ``(3) No preemption.--This subsection shall not be 
        construed to preempt State law.
  (e) Increased Penalties for Misuse of DNA Analyses.--(1) 
Section 210305(c)(2) of the DNA Identification Act of 1994 (42 
U.S.C. 14133(c)(2)) is amended by striking ``$100,000'' and 
inserting ``$250,000, or imprisoned for a period of not more 
than one year, or both''.
  (2) Section 10(c) of the DNA Analysis Backlog Elimination Act 
of 2000 (42 U.S.C. 14135e(c)) is amended by striking 
``$100,000'' and inserting ``$250,000, or imprisoned for a 
period of not more than one year, or both''.
  (f) Report to Congress.--If the Department of Justice plans 
to modify or supplement the core genetic markers needed for 
compatibility with the CODIS system, it shall notify the 
Judiciary Committee of the Senate and the Judiciary Committee 
of the House of Representatives in writing not later than 180 
days before any change is made and explain the reasons for such 
change.

SEC. 204. TOLLING OF STATUTE OF LIMITATIONS.

  (a) In General.--Chapter 213 of title 18, United States Code, 
is amended by adding at the end the following:

``Sec. 3297. Cases involving DNA evidence

  ``In a case in which DNA testing implicates an identified 
person in the commission of a felony, except for a felony 
offense under chapter 109A, no statute of limitations that 
would otherwise preclude prosecution of the offense shall 
preclude such prosecution until a period of time following the 
implication of the person by DNA testing has elapsed that is 
equal to the otherwise applicable limitation period.''.
  (b) Clerical Amendment.--The table of sections for chapter 
213 of title 18, United States Code, is amended by adding at 
the end the following:

``3297. Cases involving DNA evidence.''.
  (c) Application.--The amendments made by this section shall 
apply to the prosecution of any offense committed before, on, 
or after the date of the enactment of this section if the 
applicable limitation period has not yet expired.

SEC. 205. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

  Section 1201 of the Violence Against Women Act of 2000 (42 
U.S.C. 3796gg-6) is amended--
          (1) in subsection (a), by inserting ``dating 
        violence,'' after ``domestic violence,'';
          (2) in subsection (b)--
                  (A) by redesignating paragraphs (1) through 
                (3) as paragraphs (2) through (4), 
                respectively;
                  (B) by inserting before paragraph (2), as 
                redesignated by subparagraph (A), the 
                following:
          ``(1) Dating violence.--The term `dating violence' 
        means violence committed by a person who is or has been 
        in a social relationship of a romantic or intimate 
        nature with the victim. The existence of such a 
        relationship shall be determined based on a 
        consideration of--
                  ``(A) the length of the relationship;
                  ``(B) the type of relationship; and
                  ``(C) the frequency of interaction between 
                the persons involved in the relationship.''; 
                and
                  (C) in paragraph (3), as redesignated by 
                subparagraph (A), by inserting ``dating 
                violence,'' after ``domestic violence,'';
          (3) in subsection (c)--
                  (A) in paragraph (1)--
                          (i) by inserting ``, dating 
                        violence,'' after ``between domestic 
                        violence''; and
                          (ii) by inserting ``dating 
                        violence,'' after ``victims of domestic 
                        violence,'';
                  (B) in paragraph (2), by inserting ``dating 
                violence,'' after ``domestic violence,''; and
                  (C) in paragraph (3), by inserting ``dating 
                violence,'' after ``domestic violence,'';
          (4) in subsection (d)--
                  (A) in paragraph (1), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                  (B) in paragraph (2), by inserting ``, dating 
                violence,'' after ``domestic violence'';
                  (C) in paragraph (3), by inserting ``, dating 
                violence,'' after ``domestic violence''; and
                  (D) in paragraph (4), by inserting ``dating 
                violence,'' after ``domestic violence,'';
          (5) in subsection (e), by inserting ``dating 
        violence,'' after ``domestic violence,''; and
          (6) in subsection (f)(2)(A), by inserting ``dating 
        violence,'' after ``domestic violence,''.

SEC. 206. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMINATING DNA 
                    BACKLOG.

  Section 2(d)(3) of the DNA Analysis Backlog Elimination Act 
of 2000 (42 U.S.C. 14135(d)(3)) is amended to read as follows:
          ``(3) Use of vouchers or contracts for certain 
        purposes.--
                  ``(A) In general.--A grant for the purposes 
                specified in paragraph (1), (2), or (5) of 
                subsection (a) may be made in the form of a 
                voucher or contract for laboratory services, 
                even if the laboratory makes a reasonable 
                profit for the services.
                  ``(B) Redemption.--A voucher or contract 
                under subparagraph (A) may be redeemed at a 
                laboratory operated on a nonprofit or for-
                profit basis, by a private entity that 
                satisfies quality assurance standards and has 
                been approved by the Attorney General.
                  ``(C) Payments.--The Attorney General may use 
                amounts authorized under subsection (j) to make 
                payments to a laboratory described under 
                subparagraph (B).''.

           TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

SEC. 301. SHORT TITLE.

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

SEC. 302. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL 
                    STANDARDS.

  Section 210304(b)(2) of the DNA Identification Act of 1994 
(42 U.S.C. 14132(b)(2)) is amended to read as follows:
          ``(2) prepared by laboratories that--
                  ``(A) not later than 2 years after the date 
                of enactment of the DNA Sexual Assault Justice 
                Act of 2004, have been accredited by a 
                nonprofit professional association of persons 
                actively involved in forensic science that is 
                nationally recognized within the forensic 
                science community; and
                  ``(B) undergo external audits, not less than 
                once every 2 years, that demonstrate compliance 
                with standards established by the Director of 
                the Federal Bureau of Investigation; and''.

SEC. 303. DNA TRAINING AND EDUCATION FOR LAW ENFORCEMENT, CORRECTIONAL 
                    PERSONNEL, AND COURT OFFICERS.

  (a) In General.--The Attorney General shall make grants to 
provide training, technical assistance, education, and 
information relating to the identification, collection, 
preservation, analysis, and use of DNA samples and DNA evidence 
by--
          (1) law enforcement personnel, including police 
        officers and other first responders, evidence 
        technicians, investigators, and others who collect or 
        examine evidence of crime;
          (2) court officers, including State and local 
        prosecutors, defense lawyers, and judges;
          (3) forensic science professionals; and
          (4) corrections personnel, including prison and jail 
        personnel, and probation, parole, and other officers 
        involved in supervision.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated $12,500,000 for each of fiscal years 2005 
through 2009 to carry out this section.

SEC. 304. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

  (a) In General.--The Attorney General shall make grants to 
eligible entities to provide training, technical assistance, 
education, equipment, and information relating to the 
identification, collection, preservation, analysis, and use of 
DNA samples and DNA evidence by medical personnel and other 
personnel, including doctors, medical examiners, coroners, 
nurses, victim service providers, and other professionals 
involved in treating victims of sexual assault and sexual 
assault examination programs, including SANE (Sexual Assault 
Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and 
SART (Sexual Assault Response Team).
  (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' includes--
          (1) States;
          (2) units of local government; and
          (3) sexual assault examination programs, including--
                  (A) sexual assault nurse examiner (SANE) 
                programs;
                  (B) sexual assault forensic examiner (SAFE) 
                programs;
                  (C) sexual assault response team (SART) 
                programs;
                  (D) State sexual assault coalitions;
                  (E) medical personnel, including doctors, 
                medical examiners, coroners, and nurses, 
                involved in treating victims of sexual assault; 
                and
                  (F) victim service providers involved in 
                treating victims of sexual assault.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $30,000,000 for each of fiscal years 2005 
through 2009 to carry out this section.

SEC. 305. DNA RESEARCH AND DEVELOPMENT.

  (a) Improving DNA Technology.--The Attorney General shall 
make grants for research and development to improve forensic 
DNA technology, including increasing the identification 
accuracy and efficiency of DNA analysis, decreasing time and 
expense, and increasing portability.
  (b) Demonstration Projects.--The Attorney General shall make 
grants to appropriate entities under which research is carried 
out through demonstration projects involving coordinated 
training and commitment of resources to law enforcement 
agencies and key criminal justice participants to demonstrate 
and evaluate the use of forensic DNA technology in conjunction 
with other forensic tools. The demonstration projects shall 
include scientific evaluation of the public safety benefits, 
improvements to law enforcement operations, and cost-
effectiveness of increased collection and use of DNA evidence.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $15,000,000 for each of fiscal years 2005 
through 2009 to carry out this section.

SEC. 306. NATIONAL FORENSIC SCIENCE COMMISSION.

  (a) Appointment.--The Attorney General shall appoint a 
National Forensic Science Commission (in this section referred 
to as the ``Commission''), composed of persons experienced in 
criminal justice issues, including persons from the forensic 
science and criminal justice communities, to carry out the 
responsibilities under subsection (b).
  (b) Responsibilities.--The Commission shall--
          (1) assess the present and future resource needs of 
        the forensic science community;
          (2) make recommendations to the Attorney General for 
        maximizing the use of forensic technologies and 
        techniques to solve crimes and protect the public;
          (3) identify potential scientific advances that may 
        assist law enforcement in using forensic technologies 
        and techniques to protect the public;
          (4) make recommendations to the Attorney General for 
        programs that will increase the number of qualified 
        forensic scientists available to work in public crime 
        laboratories;
          (5) disseminate, through the National Institute of 
        Justice, best practices concerning the collection and 
        analyses of forensic evidence to help ensure quality 
        and consistency in the use of forensic technologies and 
        techniques to solve crimes and protect the public;
          (6) examine additional issues pertaining to forensic 
        science as requested by the Attorney General;
          (7) examine Federal, State, and local privacy 
        protection statutes, regulations, and practices 
        relating to access to, or use of, stored DNA samples or 
        DNA analyses, to determine whether such protections are 
        sufficient;
          (8) make specific recommendations to the Attorney 
        General, as necessary, to enhance the protections 
        described in paragraph (7) to ensure--
                  (A) the appropriate use and dissemination of 
                DNA information;
                  (B) the accuracy, security, and 
                confidentiality of DNA information;
                  (C) the timely removal and destruction of 
                obsolete, expunged, or inaccurate DNA 
                information; and
                  (D) that any other necessary measures are 
                taken to protect privacy; and
          (9) provide a forum for the exchange and 
        dissemination of ideas and information in furtherance 
        of the objectives described in paragraphs (1) through 
        (8).
  (c) Personnel; Procedures.--The Attorney General shall--
          (1) designate the Chair of the Commission from among 
        its members;
          (2) designate any necessary staff to assist in 
        carrying out the functions of the Commission; and
          (3) establish procedures and guidelines for the 
        operations of the Commission.
  (d) Authorization of Appropriations.--There are authorized to 
be appropriated $500,000 for each of fiscal years 2005 through 
2009 to carry out this section.

SEC. 307. FBI DNA PROGRAMS.

  (a) Authorization of Appropriations.--There are authorized to 
be appropriated to the Federal Bureau of Investigation 
$42,100,000 for each of fiscal years 2005 through 2009 to carry 
out the DNA programs and activities described under subsection 
(b).
  (b) Programs and Activities.--The Federal Bureau of 
Investigation may use any amounts appropriated pursuant to 
subsection (a) for--
          (1) nuclear DNA analysis;
          (2) mitochondrial DNA analysis;
          (3) regional mitochondrial DNA laboratories;
          (4) the Combined DNA Index System;
          (5) the Federal Convicted Offender DNA Program; and
          (6) DNA research and development.

SEC. 308. DNA IDENTIFICATION OF MISSING PERSONS.

  (a) In General.--The Attorney General shall make grants to 
promote the use of forensic DNA technology to identify missing 
persons and unidentified human remains.
  (b) Requirement.--Each State or unit of local government that 
receives funding under this section shall be required to submit 
the DNA profiles of such missing persons and unidentified human 
remains to the National Missing Persons DNA Database of the 
Federal Bureau of Investigation.
  (c) Authorization of Appropriations.--There are authorized to 
be appropriated $2,000,000 for each of fiscal years 2005 
through 2009 to carry out this section.

SEC. 309. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OR 
                    USE OF DNA INFORMATION.

  Section 10(c) of the DNA Analysis Backlog Elimination Act of 
2000 (42 U.S.C. 14135e(c)) is amended to read as follows:
  ``(c) Criminal Penalty.--A person who knowingly discloses a 
sample or result described in subsection (a) in any manner to 
any person not authorized to receive it, or obtains or uses, 
without authorization, such sample or result, shall be fined 
not more than $250,000, or imprisoned for a period of not more 
than one year. Each instance of disclosure, obtaining, or use 
shall constitute a separate offense under this subsection.''.

SEC. 310. TRIBAL COALITION GRANTS.

  (a) In General.--Section 2001 of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is 
amended by adding at the end the following:
  ``(d) Tribal Coalition Grants.--
          ``(1) Purpose.--The Attorney General shall award 
        grants to tribal domestic violence and sexual assault 
        coalitions for purposes of--
                  ``(A) increasing awareness of domestic 
                violence and sexual assault against American 
                Indian and Alaska Native women;
                  ``(B) enhancing the response to violence 
                against American Indian and Alaska Native women 
                at the tribal, Federal, and State levels; and
                  ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential 
                services to American Indian women victimized by 
                domestic and sexual violence.
          ``(2) Grants to tribal coalitions.--The Attorney 
        General shall award grants under paragraph (1) to--
                  ``(A) established nonprofit, nongovernmental 
                tribal coalitions addressing domestic violence 
                and sexual assault against American Indian and 
                Alaska Native women; and
                  ``(B) individuals or organizations that 
                propose to incorporate as nonprofit, 
                nongovernmental tribal coalitions to address 
                domestic violence and sexual assault against 
                American Indian and Alaska Native women.
          ``(3) Eligibility for other grants.--Receipt of an 
        award under this subsection by tribal domestic violence 
        and sexual assault coalitions shall not preclude the 
        coalition from receiving additional grants under this 
        title to carry out the purposes described in subsection 
        (b).''.
  (b) Technical Amendment.--Effective as of November 2, 2002, 
and as if included therein as enacted, Public Law 107-273 (116 
Stat. 1789) is amended in section 402(2) by striking ``sections 
2006 through 2011'' and inserting ``sections 2007 through 
2011''.
  (c) Amounts.--Section 2007 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (as redesignated by section 402(2) of 
Public Law 107-273, as amended by subsection (b)) is amended by 
amending subsection (b)(4) (42 U.S.C. 3796gg-1(b)(4)) to read 
as follows:
          ``(4) \1/54\ shall be available for grants under 
        section 2001(d);''.

SEC. 311. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT 
                    GRANT PROGRAM.

  (a) Forensic Backlog Elimination Grants.--Section 2804 of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797m) is amended--
          (1) in subsection (a)--
                  (A) by striking ``shall use the grant to 
                carry out'' and inserting ``shall use the grant 
                to do any one or more of the following:
          ``(1) To carry out''; and
                  (B) by adding at the end the following:
          ``(2) To eliminate a backlog in the analysis of 
        forensic science evidence, including firearms 
        examination, latent prints, toxicology, controlled 
        substances, forensic pathology, questionable documents, 
        and trace evidence.
          ``(3) To train, assist, and employ forensic 
        laboratory personnel, as needed, to eliminate such a 
        backlog.'';
          (2) in subsection (b), by striking ``under this 
        part'' and inserting ``for the purpose set forth in 
        subsection (a)(1)''; and
          (3) by adding at the end the following:
  ``(e) Backlog Defined.--For purposes of this section, a 
backlog in the analysis of forensic science evidence exists if 
such evidence--
          ``(1) has been stored in a laboratory, medical 
        examiner's office, coroner's office, law enforcement 
        storage facility, or medical facility; and
          ``(2) has not been subjected to all appropriate 
        forensic testing because of a lack of resources or 
        personnel.''.
  (b) External Audits.--Section 2802 of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) is 
amended--
          (1) in paragraph (2), by striking ``and'' at the end;
          (2) in paragraph (3), by striking the period at the 
        end and inserting ``; and''; and
          (3) by adding at the end the following:
          ``(4) a certification that a government entity exists 
        and an appropriate process is in place to conduct 
        independent external investigations into allegations of 
        serious negligence or misconduct substantially 
        affecting the integrity of the forensic results 
        committed by employees or contractors of any forensic 
        laboratory system, medical examiner's office, coroner's 
        office, law enforcement storage facility, or medical 
        facility in the State that will receive a portion of 
        the grant amount.''.
  (c) Three-Year Extension of Authorization of 
Appropriations.--Section 1001(a)(24) of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is 
amended--
          (1) in subparagraph (E), by striking ``and'' at the 
        end;
          (2) in subparagraph (F), by striking the period at 
        the end and inserting a semicolon; and
          (3) by adding at the end the following:
          ``(G) $20,000,000 for fiscal year 2007;
          ``(H) $20,000,000 for fiscal year 2008; and
          ``(I) $20,000,000 for fiscal year 2009.''.
  (d) Technical Amendment.--Section 1001(a) of such Act, as 
amended by subsection (c), is further amended by realigning 
paragraphs (24) and (25) so as to be flush with the left 
margin.

SEC. 312. REPORT TO CONGRESS.

  (a) In General.--Not later than 2 years after the date of 
enactment of this Act, the Attorney General shall submit to 
Congress a report on the implementation of this title and the 
amendments made by this title.
  (b) Contents.--The report submitted under subsection (a) 
shall include a description of--
          (1) the progress made by Federal, State, and local 
        entities in--
                  (A) collecting and entering DNA samples from 
                offenders convicted of qualifying offenses for 
                inclusion in the Combined DNA Index System 
                (referred to in this subsection as ``CODIS'');
                  (B) analyzing samples from crime scenes, 
                including evidence collected from sexual 
                assaults and other serious violent crimes, and 
                entering such DNA analyses in CODIS; and
                  (C) increasing the capacity of forensic 
                laboratories to conduct DNA analyses;
          (2) the priorities and plan for awarding grants among 
        eligible States and units of local government to ensure 
        that the purposes of this title are carried out;
          (3) the distribution of grant amounts under this 
        title among eligible States and local governments, and 
        whether the distribution of such funds has served the 
        purposes of the Debbie Smith DNA Backlog Grant Program;
          (4) grants awarded and the use of such grants by 
        eligible entities for DNA training and education 
        programs for law enforcement, correctional personnel, 
        court officers, medical personnel, victim service 
        providers, and other personnel authorized under 
        sections 303 and 304;
          (5) grants awarded and the use of such grants by 
        eligible entities to conduct DNA research and 
        development programs to improve forensic DNA 
        technology, and implement demonstration projects under 
        section 305;
          (6) the steps taken to establish the National 
        Forensic Science Commission, and the activities of the 
        Commission under section 306;
          (7) the use of funds by the Federal Bureau of 
        Investigation under section 307;
          (8) grants awarded and the use of such grants by 
        eligible entities to promote the use of forensic DNA 
        technology to identify missing persons and unidentified 
        human remains under section 308;
          (9) grants awarded and the use of such grants by 
        eligible entities to eliminate forensic science 
        backlogs under the amendments made by section 202;
          (10) State compliance with the requirements set forth 
        in section 313; and
          (11) any other matters considered relevant by the 
        Attorney General.

               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

SEC. 401. SHORT TITLE.

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

        Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 411. FEDERAL POST-CONVICTION DNA TESTING.

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

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

``Sec.
``3600. DNA testing.
``3600A. Preservation of biological evidence.

``Sec. 3600. DNA testing

  ``(a) In General.--Upon a written motion by an individual 
under a sentence of imprisonment or death pursuant to a 
conviction for a Federal offense (referred to in this section 
as the `applicant'), the court that entered the judgment of 
conviction shall order DNA testing of specific evidence if the 
court finds that all of the following apply:
          ``(1) The applicant asserts, under penalty of 
        perjury, that the applicant is actually innocent of--
                  ``(A) the Federal offense for which the 
                applicant is under a sentence of imprisonment 
                or death; or
                  ``(B) another Federal or State offense, if--
                          ``(i) evidence of such offense was 
                        admitted during a Federal death 
                        sentencing hearing and exoneration of 
                        such offense would entitle the 
                        applicant to a reduced sentence or new 
                        sentencing hearing; and
                          ``(ii) in the case of a State 
                        offense--
                                  ``(I) the applicant 
                                demonstrates that there is no 
                                adequate remedy under State law 
                                to permit DNA testing of the 
                                specified evidence relating to 
                                the State offense; and
                                  ``(II) to the extent 
                                available, the applicant has 
                                exhausted all remedies 
                                available under State law for 
                                requesting DNA testing of 
                                specified evidence relating to 
                                the State offense.
          ``(2) The specific evidence to be tested was secured 
        in relation to the investigation or prosecution of the 
        Federal or State offense referenced in the applicant's 
        assertion under paragraph (1).
          ``(3) The specific evidence to be tested--
                  ``(A) was not previously subjected to DNA 
                testing and the applicant did not--
                          ``(i) knowingly and voluntarily waive 
                        the right to request DNA testing of 
                        that evidence in a court proceeding 
                        after the date of enactment of the 
                        Innocence Protection Act of 2004; or
                          ``(ii) knowingly fail to request DNA 
                        testing of that evidence in a prior 
                        motion for postconviction DNA testing; 
                        or
                  ``(B) was previously subjected to DNA testing 
                and the applicant is requesting DNA testing 
                using a new method or technology that is 
                substantially more probative than the prior DNA 
                testing.
          ``(4) The specific evidence to be tested is in the 
        possession of the Government and has been subject to a 
        chain of custody and retained under conditions 
        sufficient to ensure that such evidence has not been 
        substituted, contaminated, tampered with, replaced, or 
        altered in any respect material to the proposed DNA 
        testing.
          ``(5) The proposed DNA testing is reasonable in 
        scope, uses scientifically sound methods, and is 
        consistent with accepted forensic practices.
          ``(6) The applicant identifies a theory of defense 
        that--
                  ``(A) is not inconsistent with an affirmative 
                defense presented at trial; and
                  ``(B) would establish the actual innocence of 
                the applicant of the Federal or State offense 
                referenced in the applicant's assertion under 
                paragraph (1).
          ``(7) If the applicant was convicted following a 
        trial, the identity of the perpetrator was at issue in 
        the trial.
          ``(8) The proposed DNA testing of the specific 
        evidence may produce new material evidence that would--
                  ``(A) support the theory of defense 
                referenced in paragraph (6); and
                  ``(B) raise a reasonable probability that the 
                applicant did not commit the offense.
          ``(9) The applicant certifies that the applicant will 
        provide a DNA sample for purposes of comparison.
          ``(10) The motion is made in a timely fashion, 
        subject to the following conditions:
                  ``(A) There shall be a rebuttable presumption 
                of timeliness if the motion is made within 60 
                months of enactment of the Justice For All Act 
                of 2004 or within 36 months of conviction, 
                whichever comes later. Such presumption may be 
                rebutted upon a showing--
                          ``(i) that the applicant's motion for 
                        a DNA test is based solely upon 
                        information used in a previously denied 
                        motion; or
                          ``(ii) of clear and convincing 
                        evidence that applicant's filing is 
                        done solely to cause delay or harass.
                  ``(B) There shall be a rebuttable presumption 
                against timeliness for any motion not 
                satisfying subparagraph (A) above. Such 
                presumption may be rebutted upon the court's 
                finding--
                          ``(i) that the applicant was or is 
                        incompetent and such incompetence 
                        substantially contributed to the delay 
                        in the applicant's motion for a DNA 
                        test;
                          ``(ii) the evidence to be tested is 
                        newly discovered DNA evidence;
                          ``(iii) that applicant's motion is 
                        not based solely upon the applicant's 
                        own assertion of innocence and, after 
                        considering all relevant facts and 
                        circumstances surrounding the motion, a 
                        denial would result in a manifest 
                        injustice; or
                          ``(iv) upon good cause shown.
                  ``(C) For purposes of this paragraph--
                          ``(i) the term `incompetence' has the 
                        meaning as defined in section 4241 of 
                        title 18, United States Code;
                          ``(ii) the term `manifest' means that 
                        which is unmistakable, clear, plain, or 
                        indisputable and requires that the 
                        opposite conclusion be clearly evident.
  ``(b) Notice to the Government; Preservation Order; 
Appointment of Counsel.--
          ``(1) Notice.--Upon the receipt of a motion filed 
        under subsection (a), the court shall--
                  ``(A) notify the Government; and
                  ``(B) allow the Government a reasonable time 
                period to respond to the motion.
          ``(2) Preservation order.--To the extent necessary to 
        carry out proceedings under this section, the court 
        shall direct the Government to preserve the specific 
        evidence relating to a motion under subsection (a).
          ``(3) Appointment of counsel.--The court may appoint 
        counsel for an indigent applicant under this section in 
        the same manner as in a proceeding under section 
        3006A(a)(2)(B).
  ``(c) Testing Procedures.--
          ``(1) In general.--The court shall direct that any 
        DNA testing ordered under this section be carried out 
        by the Federal Bureau of Investigation.
          ``(2) Exception.--Notwithstanding paragraph (1), the 
        court may order DNA testing by another qualified 
        laboratory if the court makes all necessary orders to 
        ensure the integrity of the specific evidence and the 
        reliability of the testing process and test results.
          ``(3) Costs.--The costs of any DNA testing ordered 
        under this section shall be paid--
                  ``(A) by the applicant; or
                  ``(B) in the case of an applicant who is 
                indigent, by the Government.
  ``(d) Time Limitation in Capital Cases.--In any case in which 
the applicant is sentenced to death--
          ``(1) any DNA testing ordered under this section 
        shall be completed not later than 60 days after the 
        date on which the Government responds to the motion 
        filed under subsection (a); and
          ``(2) not later than 120 days after the date on which 
        the DNA testing ordered under this section is 
        completed, the court shall order any post-testing 
        procedures under subsection (f) or (g), as appropriate.
  ``(e) Reporting of Test Results.--
          ``(1) In general.--The results of any DNA testing 
        ordered under this section shall be simultaneously 
        disclosed to the court, the applicant, and the 
        Government.
          ``(2) NDIS.--The Government shall submit any test 
        results relating to the DNA of the applicant to the 
        National DNA Index System (referred to in this 
        subsection as `NDIS').
          ``(3) Retention of dna sample.--
                  ``(A) Entry into ndis.--If the DNA test 
                results obtained under this section are 
                inconclusive or show that the applicant was the 
                source of the DNA evidence, the DNA sample of 
                the applicant may be retained in NDIS.
                  ``(B) Match with other offense.--If the DNA 
                test results obtained under this section 
                exclude the applicant as the source of the DNA 
                evidence, and a comparison of the DNA sample of 
                the applicant results in a match between the 
                DNA sample of the applicant and another 
                offense, the Attorney General shall notify the 
                appropriate agency and preserve the DNA sample 
                of the applicant.
                  ``(C) No match.--If the DNA test results 
                obtained under this section exclude the 
                applicant as the source of the DNA evidence, 
                and a comparison of the DNA sample of the 
                applicant does not result in a match between 
                the DNA sample of the applicant and another 
                offense, the Attorney General shall destroy the 
                DNA sample of the applicant and ensure that 
                such information is not retained in NDIS if 
                there is no other legal authority to retain the 
                DNA sample of the applicant in NDIS.
  ``(f) Post-Testing Procedures; Inconclusive and Inculpatory 
Results.--
          ``(1) Inconclusive results.--If DNA test results 
        obtained under this section are inconclusive, the court 
        may order further testing, if appropriate, or may deny 
        the applicant relief.
          ``(2) Inculpatory results.--If DNA test results 
        obtained under this section show that the applicant was 
        the source of the DNA evidence, the court shall--
                  ``(A) deny the applicant relief; and
                  ``(B) on motion of the Government--
                          ``(i) make a determination whether 
                        the applicant's assertion of actual 
                        innocence was false, and, if the court 
                        makes such a finding, the court may 
                        hold the applicant in contempt;
                          ``(ii) assess against the applicant 
                        the cost of any DNA testing carried out 
                        under this section;
                          ``(iii) forward the finding to the 
                        Director of the Bureau of Prisons, who, 
                        upon receipt of such a finding, may 
                        deny, wholly or in part, the good 
                        conduct credit authorized under section 
                        3632 on the basis of that finding;
                          ``(iv) if the applicant is subject to 
                        the jurisdiction of the United States 
                        Parole Commission, forward the finding 
                        to the Commission so that the 
                        Commission may deny parole on the basis 
                        of that finding; and
                          ``(v) if the DNA test results relate 
                        to a State offense, forward the finding 
                        to any appropriate State official.
          ``(3) Sentence.--In any prosecution of an applicant 
        under chapter 79 for false assertions or other conduct 
        in proceedings under this section, the court, upon 
        conviction of the applicant, shall sentence the 
        applicant to a term of imprisonment of not less than 3 
        years, which shall run consecutively to any other term 
        of imprisonment the applicant is serving.
  ``(g) Post-Testing Procedures; Motion for New Trial or 
Resentencing.--
          ``(1) In general.--Notwithstanding any law that would 
        bar a motion under this paragraph as untimely, if DNA 
        test results obtained under this section exclude the 
        applicant as the source of the DNA evidence, the 
        applicant may file a motion for a new trial or 
        resentencing, as appropriate. The court shall establish 
        a reasonable schedule for the applicant to file such a 
        motion and for the Government to respond to the motion.
          ``(2) Standard for granting motion for new trial or 
        resentencing.--The court shall grant the motion of the 
        applicant for a new trial or resentencing, as 
        appropriate, if the DNA test results, when considered 
        with all other evidence in the case (regardless of 
        whether such evidence was introduced at trial), 
        establish by compelling evidence that a new trial would 
        result in an acquittal of--
                  ``(A) in the case of a motion for a new 
                trial, the Federal offense for which the 
                applicant is under a sentence of imprisonment 
                or death; and
                  ``(B) in the case of a motion for 
                resentencing, another Federal or State offense, 
                if evidence of such offense was admitted during 
                a Federal death sentencing hearing and 
                exoneration of such offense would entitle the 
                applicant to a reduced sentence or a new 
                sentencing proceeding.
  ``(h) Other Laws Unaffected.--
          ``(1) Post-conviction relief.--Nothing in this 
        section shall affect the circumstances under which a 
        person may obtain DNA testing or post-conviction relief 
        under any other law.
          ``(2) Habeas corpus.--Nothing in this section shall 
        provide a basis for relief in any Federal habeas corpus 
        proceeding.
          ``(3) Not a motion under section 2255.--A motion 
        under this section shall not be considered to be a 
        motion under section 2255 for purposes of determining 
        whether the motion or any other motion is a second or 
        successive motion under section 2255.

``Sec. 3600A. Preservation of biological evidence

  ``(a) In General.--Notwithstanding any other provision of 
law, the Government shall preserve biological evidence that was 
secured in the investigation or prosecution of a Federal 
offense, if a defendant is under a sentence of imprisonment for 
such offense.
  ``(b) Defined Term.--For purposes of this section, the term 
`biological evidence' means--
          ``(1) a sexual assault forensic examination kit; or
          ``(2) semen, blood, saliva, hair, skin tissue, or 
        other identified biological material.
  ``(c) Applicability.--Subsection (a) shall not apply if--
          ``(1) a court has denied a request or motion for DNA 
        testing of the biological evidence by the defendant 
        under section 3600, and no appeal is pending;
          ``(2) the defendant knowingly and voluntarily waived 
        the right to request DNA testing of the biological 
        evidence in a court proceeding conducted after the date 
        of enactment of the Innocence Protection Act of 2004;
          ``(3) after a conviction becomes final and the 
        defendant has exhausted all opportunities for direct 
        review of the conviction, the defendant is notified 
        that the biological evidence may be destroyed and the 
        defendant does not file a motion under section 3600 
        within 180 days of receipt of the notice;
          ``(4)(A) the evidence must be returned to its 
        rightful owner, or is of such a size, bulk, or physical 
        character as to render retention impracticable; and
          ``(B) the Government takes reasonable measures to 
        remove and preserve portions of the material evidence 
        sufficient to permit future DNA testing; or
          ``(5) the biological evidence has already been 
        subjected to DNA testing under section 3600 and the 
        results included the defendant as the source of such 
        evidence.
  ``(d) Other Preservation Requirement.--Nothing in this 
section shall preempt or supersede any statute, regulation, 
court order, or other provision of law that may require 
evidence, including biological evidence, to be preserved.
  ``(e) Regulations.--Not later than 180 days after the date of 
enactment of the Innocence Protection Act of 2004, the Attorney 
General shall promulgate regulations to implement and enforce 
this section, including appropriate disciplinary sanctions to 
ensure that employees comply with such regulations.
  ``(f) Criminal Penalty.--Whoever knowingly and intentionally 
destroys, alters, or tampers with biological evidence that is 
required to be preserved under this section with the intent to 
prevent that evidence from being subjected to DNA testing or 
prevent the production or use of that evidence in an official 
proceeding, shall be fined under this title, imprisoned for not 
more than 5 years, or both.
  ``(g) Habeas Corpus.--Nothing in this section shall provide a 
basis for relief in any Federal habeas corpus proceeding.''.
          (2) Clerical amendment.--The chapter analysis for 
        part II of title 18, United States Code, is amended by 
        inserting after the item relating to chapter 228 the 
        following:

``228A. Post-conviction DNA testing..............................3600''.

  (b) System for Reporting Motions.--
          (1) Establishment.--The Attorney General shall 
        establish a system for reporting and tracking motions 
        filed in accordance with section 3600 of title 18, 
        United States Code.
          (2) Operation.--In operating the system established 
        under paragraph (1), the Federal courts shall provide 
        to the Attorney General any requested assistance in 
        operating such a system and in ensuring the accuracy 
        and completeness of information included in that 
        system.
          (3) Report.--Not later than 2 years after the date of 
        enactment of this Act, the Attorney General shall 
        submit a report to Congress that contains--
                  (A) a list of motions filed under section 
                3600 of title 18, United States Code, as added 
                by this title;
                  (B) whether DNA testing was ordered pursuant 
                to such a motion;
                  (C) whether the applicant obtained relief on 
                the basis of DNA test results; and
                  (D) whether further proceedings occurred 
                following a granting of relief and the outcome 
                of such proceedings.
          (4) Additional information.--The report required to 
        be submitted under paragraph (3) may include any other 
        information the Attorney General determines to be 
        relevant in assessing the operation, utility, or costs 
        of section 3600 of title 18, United States Code, as 
        added by this title, and any recommendations the 
        Attorney General may have relating to future 
        legislative action concerning that section.
  (c) Effective Date; Applicability.--This section and the 
amendments made by this section shall take effect on the date 
of enactment of this Act and shall apply with respect to any 
offense committed, and to any judgment of conviction entered, 
before, on, or after that date of enactment.

SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING GRANT PROGRAM.

  (a) In General.--The Attorney General shall establish the 
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to 
award grants to States to help defray the costs of post-
conviction DNA testing.
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated $5,000,000 for each of fiscal years 2005 
through 2009 to carry out this section.
  (c) State Defined.--For purposes of this section, the term 
``State'' means a State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, the United States 
Virgin Islands, American Samoa, Guam, and the Northern Mariana 
Islands.

SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS 
                    OF ACTUAL INNOCENCE.

  For each of fiscal years 2005 through 2009, all funds 
appropriated to carry out sections 303, 305, 308, and 412 shall 
be reserved for grants to eligible entities that--
          (1) meet the requirements under section 303, 305, 
        308, or 412, as appropriate; and
          (2) demonstrate that the State in which the eligible 
        entity operates--
                  (A) provides post-conviction DNA testing of 
                specified evidence--
                          (i) under a State statute enacted 
                        before the date of enactment of this 
                        Act (or extended or renewed after such 
                        date), to persons convicted after trial 
                        and under a sentence of imprisonment or 
                        death for a State felony offense, in a 
                        manner that ensures a reasonable 
                        process for resolving claims of actual 
                        innocence; or
                          (ii) under a State statute enacted 
                        after the date of enactment of this 
                        Act, or under a State rule, regulation, 
                        or practice, to persons under a 
                        sentence of imprisonment or death for a 
                        State felony offense, in a manner 
                        comparable to section 3600(a) of title 
                        18, United States Code (provided that 
                        the State statute, rule, regulation, or 
                        practice may make post-conviction DNA 
                        testing available in cases in which 
                        such testing is not required by such 
                        section), and if the results of such 
                        testing exclude the applicant, permits 
                        the applicant to apply for post-
                        conviction relief, notwithstanding any 
                        provision of law that would otherwise 
                        bar such application as untimely; and
                  (B) preserves biological evidence secured in 
                relation to the investigation or prosecution of 
                a State offense--
                          (i) under a State statute or a State 
                        or local rule, regulation, or practice, 
                        enacted or adopted before the date of 
                        enactment of this Act (or extended or 
                        renewed after such date), in a manner 
                        that ensures that reasonable measures 
                        are taken by all jurisdictions within 
                        the State to preserve such evidence; or
                          (ii) under a State statute or a State 
                        or local rule, regulation, or practice, 
                        enacted or adopted after the date of 
                        enactment of this Act, in a manner 
                        comparable to section 3600A of title 
                        18, United States Code, if--
                                  (I) all jurisdictions within 
                                the State comply with this 
                                requirement; and
                                  (II) such jurisdictions may 
                                preserve such evidence for 
                                longer than the period of time 
                                that such evidence would be 
                                required to be preserved under 
                                such section 3600A.

 Subtitle B--Improving the Quality of Representation in State Capital 
                                 Cases

SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.

  (a) In General.--The Attorney General shall award grants to 
States for the purpose of improving the quality of legal 
representation provided to indigent defendants in State capital 
cases.
  (b) Defined Term.--In this section, the term ``legal 
representation'' means legal counsel and investigative, expert, 
and other services necessary for competent representation.
  (c) Use of Funds.--Grants awarded under subsection (a)--
          (1) shall be used to establish, implement, or improve 
        an effective system for providing competent legal 
        representation to--
                  (A) indigents charged with an offense subject 
                to capital punishment;
                  (B) indigents who have been sentenced to 
                death and who seek appellate or collateral 
                relief in State court; and
                  (C) indigents who have been sentenced to 
                death and who seek review in the Supreme Court 
                of the United States; and
          (2) shall not be used to fund, directly or 
        indirectly, representation in specific capital cases.
  (d) Apportionment of Funds.--
          (1) In general.--Of the funds awarded under 
        subsection (a)--
                  (A) not less than 75 percent shall be used to 
                carry out the purpose described in subsection 
                (c)(1)(A); and
                  (B) not more than 25 percent shall be used to 
                carry out the purpose described in subsection 
                (c)(1)(B).
          (2) Waiver.--The Attorney General may waive the 
        requirement under this subsection for good cause shown.
  (e) Effective System.--As used in subsection (c)(1), an 
effective system for providing competent legal representation 
is a system that--
          (1) invests the responsibility for appointing 
        qualified attorneys to represent indigents in capital 
        cases--
                  (A) in a public defender program that relies 
                on staff attorneys, members of the private bar, 
                or both, to provide representation in capital 
                cases;
                  (B) in an entity established by statute or by 
                the highest State court with jurisdiction in 
                criminal cases, which is composed of 
                individuals with demonstrated knowledge and 
                expertise in capital representation; or
                  (C) pursuant to a statutory procedure enacted 
                before the date of the enactment of this Act 
                under which the trial judge is required to 
                appoint qualified attorneys from a roster 
                maintained by a State or regional selection 
                committee or similar entity; and
          (2) requires the program described in paragraph 
        (1)(A), the entity described in paragraph (1)(B), or an 
        appropriate entity designated pursuant to the statutory 
        procedure described in paragraph (1)(C), as applicable, 
        to--
                  (A) establish qualifications for attorneys 
                who may be appointed to represent indigents in 
                capital cases;
                  (B) establish and maintain a roster of 
                qualified attorneys;
                  (C) except in the case of a selection 
                committee or similar entity described in 
                paragraph (1)(C), assign 2 attorneys from the 
                roster to represent an indigent in a capital 
                case, or provide the trial judge a list of not 
                more than 2 pairs of attorneys from the roster, 
                from which 1 pair shall be assigned, provided 
                that, in any case in which the State elects not 
                to seek the death penalty, a court may find, 
                subject to any requirement of State law, that a 
                second attorney need not remain assigned to 
                represent the indigent to ensure competent 
                representation;
                  (D) conduct, sponsor, or approve specialized 
                training programs for attorneys representing 
                defendants in capital cases;
                  (E)(i) monitor the performance of attorneys 
                who are appointed and their attendance at 
                training programs; and
                  ``(ii) remove from the roster attorneys who--
                          ``(I) fail to deliver effective 
                        representation or engage in unethical 
                        conduct;
                          ``(II) fail to comply with such 
                        requirements as such program, entity, 
                        or selection committee or similar 
                        entity may establish regarding 
                        participation in training programs; or
                          ``(III) during the past 5 years, have 
                        been sanctioned by a bar association or 
                        court for ethical misconduct relating 
                        to the attorney's conduct as defense 
                        counsel in a criminal case in Federal 
                        or State court; and
                  (F) ensure funding for the cost of competent 
                legal representation by the defense team and 
                outside experts selected by counsel, who shall 
                be compensated--
                          (i) in the case of a State that 
                        employs a statutory procedure described 
                        in paragraph (1)(C), in accordance with 
                        the requirements of that statutory 
                        procedure; and
                          (ii) in all other cases, as follows:
                                  (I) Attorneys employed by a 
                                public defender program shall 
                                be compensated according to a 
                                salary scale that is 
                                commensurate with the salary 
                                scale of the prosecutor's 
                                office in the jurisdiction.
                                  (II) Appointed attorneys 
                                shall be compensated for actual 
                                time and service, computed on 
                                an hourly basis and at a 
                                reasonable hourly rate in light 
                                of the qualifications and 
                                experience of the attorney and 
                                the local market for legal 
                                representation in cases 
                                reflecting the complexity and 
                                responsibility of capital 
                                cases.
                                  (III) Non-attorney members of 
                                the defense team, including 
                                investigators, mitigation 
                                specialists, and experts, shall 
                                be compensated at a rate that 
                                reflects the specialized skills 
                                needed by those who assist 
                                counsel with the litigation of 
                                death penalty cases.
                                  (IV) Attorney and non-
                                attorney members of the defense 
                                team shall be reimbursed for 
                                reasonable incidental expenses.

SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

  (a) In General.--The Attorney General shall award grants to 
States for the purpose of enhancing the ability of prosecutors 
to effectively represent the public in State capital cases.
  (b) Use of Funds.--
          (1) Permitted uses.--Grants awarded under subsection 
        (a) shall be used for one or more of the following:
                  (A) To design and implement training programs 
                for State and local prosecutors to ensure 
                effective representation in State capital 
                cases.
                  (B) To develop and implement appropriate 
                standards and qualifications for State and 
                local prosecutors who litigate State capital 
                cases.
                  (C) To assess the performance of State and 
                local prosecutors who litigate State capital 
                cases, provided that such assessment shall not 
                include participation by the assessor in the 
                trial of any specific capital case.
                  (D) To identify and implement any potential 
                legal reforms that may be appropriate to 
                minimize the potential for error in the trial 
                of capital cases.
                  (E) To establish a program under which State 
                and local prosecutors conduct a systematic 
                review of cases in which a death sentence was 
                imposed in order to identify cases in which 
                post-conviction DNA testing may be appropriate.
                  (F) To provide support and assistance to the 
                families of murder victims.
          (2) Prohibited use.--Grants awarded under subsection 
        (a) shall not be used to fund, directly or indirectly, 
        the prosecution of specific capital cases.

SEC. 423. APPLICATIONS.

  (a) In General.--The Attorney General shall establish a 
process through which a State may apply for a grant under this 
subtitle.
  (b) Application.--
          (1) In general.--A State desiring a grant under this 
        subtitle shall submit an application to the Attorney 
        General at such time, in such manner, and containing 
        such information as the Attorney General may reasonably 
        require.
          (2) Contents.--Each application submitted under 
        paragraph (1) shall contain--
                  (A) a certification by an appropriate officer 
                of the State that the State authorizes capital 
                punishment under its laws and conducts, or will 
                conduct, prosecutions in which capital 
                punishment is sought;
                  (B) a description of the communities to be 
                served by the grant, including the nature of 
                existing capital defender services and capital 
                prosecution programs within such communities;
                  (C) a long-term statewide strategy and 
                detailed implementation plan that--
                          (i) reflects consultation with the 
                        judiciary, the organized bar, and State 
                        and local prosecutor and defender 
                        organizations; and
                          (ii) establishes as a priority 
                        improvement in the quality of trial-
                        level representation of indigents 
                        charged with capital crimes and trial-
                        level prosecution of capital crimes;
                  (D) in the case of a State that employs a 
                statutory procedure described in section 
                421(e)(1)(C), a certification by an appropriate 
                officer of the State that the State is in 
                substantial compliance with the requirements of 
                the applicable State statute; and
                  (E) assurances that Federal funds received 
                under this subtitle shall be--
                          (i) used to supplement and not 
                        supplant non-Federal funds that would 
                        otherwise be available for activities 
                        funded under this subtitle; and
                          (ii) allocated in accordance with 
                        section 426(b).

SEC. 424. STATE REPORTS.

  (a) In General.--Each State receiving funds under this 
subtitle shall submit an annual report to the Attorney General 
that--
          (1) identifies the activities carried out with such 
        funds; and
          (2) explains how each activity complies with the 
        terms and conditions of the grant.
  (b) Capital Representation Improvement Grants.--With respect 
to the funds provided under section 421, a report under 
subsection (a) shall include--
          (1) an accounting of all amounts expended;
          (2) an explanation of the means by which the State--
                  (A) invests the responsibility for 
                identifying and appointing qualified attorneys 
                to represent indigents in capital cases in a 
                program described in section 421(e)(1)(A), an 
                entity described in section 421(e)(1)(B), or a 
                selection committee or similar entity described 
                in section 421(e)(1)(C); and
                  (B) requires such program, entity, or 
                selection committee or similar entity, or other 
                appropriate entity designated pursuant to the 
                statutory procedure described in section 
                421(e)(1)(C), to--
                          (i) establish qualifications for 
                        attorneys who may be appointed to 
                        represent indigents in capital cases in 
                        accordance with section 421(e)(2)(A);
                          (ii) establish and maintain a roster 
                        of qualified attorneys in accordance 
                        with section 421(e)(2)(B);
                          (iii) assign attorneys from the 
                        roster in accordance with section 
                        421(e)(2)(C);
                          (iv) conduct, sponsor, or approve 
                        specialized training programs for 
                        attorneys representing defendants in 
                        capital cases in accordance with 
                        section 421(e)(2)(D);
                          (v) monitor the performance and 
                        training program attendance of 
                        appointed attorneys, and remove from 
                        the roster attorneys who fail to 
                        deliver effective representation or 
                        fail to comply with such requirements 
                        as such program, entity, or selection 
                        committee or similar entity may 
                        establish regarding participation in 
                        training programs, in accordance with 
                        section 421(e)(2)(E); and
                          (vi) ensure funding for the cost of 
                        competent legal representation by the 
                        defense team and outside experts 
                        selected by counsel, in accordance with 
                        section 421(e)(2)(F), including a 
                        statement setting forth--
                                  (I) if the State employs a 
                                public defender program under 
                                section 421(e)(1)(A), the 
                                salaries received by the 
                                attorneys employed by such 
                                program and the salaries 
                                received by attorneys in the 
                                prosecutor's office in the 
                                jurisdiction;
                                  (II) if the State employs 
                                appointed attorneys under 
                                section 421(e)(1)(B), the 
                                hourly fees received by such 
                                attorneys for actual time and 
                                service and the basis on which 
                                the hourly rate was calculated;
                                  (III) the amounts paid to 
                                non-attorney members of the 
                                defense team, and the basis on 
                                which such amounts were 
                                determined; and
                                  (IV) the amounts for which 
                                attorney and non-attorney 
                                members of the defense team 
                                were reimbursed for reasonable 
                                incidental expenses;
          (3) in the case of a State that employs a statutory 
        procedure described in section 421(e)(1)(C), an 
        assessment of the extent to which the State is in 
        compliance with the requirements of the applicable 
        State statute; and
          (4) a statement confirming that the funds have not 
        been used to fund representation in specific capital 
        cases or to supplant non-Federal funds.
  (c) Capital Prosecution Improvement Grants.--With respect to 
the funds provided under section 422, a report under subsection 
(a) shall include--
          (1) an accounting of all amounts expended;
          (2) a description of the means by which the State 
        has--
                  (A) designed and established training 
                programs for State and local prosecutors to 
                ensure effective representation in State 
                capital cases in accordance with section 
                422(b)(1)(A);
                  (B) developed and implemented appropriate 
                standards and qualifications for State and 
                local prosecutors who litigate State capital 
                cases in accordance with section 422(b)(1)(B);
                  (C) assessed the performance of State and 
                local prosecutors who litigate State capital 
                cases in accordance with section 422(b)(1)(C);
                  (D) identified and implemented any potential 
                legal reforms that may be appropriate to 
                minimize the potential for error in the trial 
                of capital cases in accordance with section 
                422(b)(1)(D);
                  (E) established a program under which State 
                and local prosecutors conduct a systematic 
                review of cases in which a death sentence was 
                imposed in order to identify cases in which 
                post-conviction DNA testing may be appropriate 
                in accordance with section 422(b)(1)(E); and
                  (F) provided support and assistance to the 
                families of murder victims; and
          (3) a statement confirming that the funds have not 
        been used to fund the prosecution of specific capital 
        cases or to supplant non-Federal funds.
  (d) Public Disclosure of Annual State Reports.--The annual 
reports to the Attorney General submitted by any State under 
this section shall be made available to the public.

SEC. 425. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRATIVE REMEDIES.

  (a) Evaluation by Inspector General.--
          (1) In general.--As soon as practicable after the end 
        of the first fiscal year for which a State receives 
        funds under a grant made under this subtitle, the 
        Inspector General of the Department of Justice (in this 
        section referred to as the ``Inspector General'') 
        shall--
                  (A) submit to the Committee on the Judiciary 
                of the House of Representatives and the 
                Committee on the Judiciary of the Senate a 
                report evaluating the compliance by the State 
                with the terms and conditions of the grant; and
                  (B) if the Inspector General concludes that 
                the State is not in compliance with the terms 
                and conditions of the grant, specify any 
                deficiencies and make recommendations to the 
                Attorney General for corrective action.
          (2) Priority.--In conducting evaluations under this 
        subsection, the Inspector General shall give priority 
        to States that the Inspector General determines, based 
        on information submitted by the State and other 
        comments provided by any other person, to be at the 
        highest risk of noncompliance.
          (3) Determination for statutory procedure states.--
        For each State that employs a statutory procedure 
        described in section 421(e)(1)(C), the Inspector 
        General shall submit to the Committee on the Judiciary 
        of the House of Representatives and the Committee on 
        the Judiciary of the Senate, not later than the end of 
        the first fiscal year for which such State receives 
        funds, a determination as to whether the State is in 
        substantial compliance with the requirements of the 
        applicable State statute.
          (4) Comments from public.--The Inspector General 
        shall receive and consider comments from any member of 
        the public regarding any State's compliance with the 
        terms and conditions of a grant made under this 
        subtitle. To facilitate the receipt of such comments, 
        the Inspector General shall maintain on its website a 
        form that any member of the public may submit, either 
        electronically or otherwise, providing comments. The 
        Inspector General shall give appropriate consideration 
        to all such public comments in reviewing reports 
        submitted under section 424 or in establishing the 
        priority for conducting evaluations under this section.
  (b) Administrative Review.--
          (1) Comment.--Upon the submission of a report under 
        subsection (a)(1) or a determination under subsection 
        (a)(3), the Attorney General shall provide the State 
        with an opportunity to comment regarding the findings 
        and conclusions of the report or the determination.
          (2) Corrective action plan.--If the Attorney General, 
        after reviewing a report under subsection (a)(1) or a 
        determination under subsection (a)(3), determines that 
        a State is not in compliance with the terms and 
        conditions of the grant, the Attorney General shall 
        consult with the appropriate State authorities to enter 
        into a plan for corrective action. If the State does 
        not agree to a plan for corrective action that has been 
        approved by the Attorney General within 90 days after 
        the submission of the report under subsection (a)(1) or 
        the determination under subsection (a)(3), the Attorney 
        General shall, within 30 days, issue guidance to the 
        State regarding corrective action to bring the State 
        into compliance.
          (3) Report to congress.--Not later than 90 days after 
        the earlier of the implementation of a corrective 
        action plan or the issuance of guidance under paragraph 
        (2), the Attorney General shall submit a report to the 
        Committee on the Judiciary of the House of 
        Representatives and the Committee on the Judiciary of 
        the Senate as to whether the State has taken corrective 
        action and is in compliance with the terms and 
        conditions of the grant.
  (c) Penalties for Noncompliance.--If the State fails to take 
the prescribed corrective action under subsection (b) and is 
not in compliance with the terms and conditions of the grant, 
the Attorney General shall discontinue all further funding 
under sections 421 and 422 and require the State to return the 
funds granted under such sections for that fiscal year. Nothing 
in this paragraph shall prevent a State which has been subject 
to penalties for noncompliance from reapplying for a grant 
under this subtitle in another fiscal year.
  (d) Periodic Reports.--During the grant period, the Inspector 
General shall periodically review the compliance of each State 
with the terms and conditions of the grant.
  (e) Administrative Costs.--Not less than 2.5 percent of the 
funds appropriated to carry out this subtitle for each of 
fiscal years 2005 through 2009 shall be made available to the 
Inspector General for purposes of carrying out this section. 
Such sums shall remain available until expended.
  (f) Special Rule for ``Statutory Procedure'' States Not in 
Substantial Compliance With Statutory Procedures.--
          (1) In general.--In the case of a State that employs 
        a statutory procedure described in section 
        421(e)(1)(C), if the Inspector General submits a 
        determination under subsection (a)(3) that the State is 
        not in substantial compliance with the requirements of 
        the applicable State statute, then for the period 
        beginning with the date on which that determination was 
        submitted and ending on the date on which the Inspector 
        General determines that the State is in substantial 
        compliance with the requirements of that statute, the 
        funds awarded under this subtitle shall be allocated 
        solely for the uses described in section 421.
          (2) Rule of construction.--The requirements of this 
        subsection apply in addition to, and not instead of, 
        the other requirements of this section.

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

  (a) Authorization for Grants.--There are authorized to be 
appropriated $75,000,000 for each of fiscal years 2005 through 
2009 to carry out this subtitle.
  (b) Restriction on Use of Funds To Ensure Equal Allocation.--
Each State receiving a grant under this subtitle shall allocate 
the funds equally between the uses described in section 421 and 
the uses described in section 422, except as provided in 
section 425(f).

         Subtitle C--Compensation for the Wrongfully Convicted

SEC. 431. INCREASED COMPENSATION IN FEDERAL CASES FOR THE WRONGFULLY 
                    CONVICTED.

  Section 2513(e) of title 28, United States Code, is amended 
by striking ``exceed the sum of $5,000'' and inserting ``exceed 
$100,000 for each 12-month period of incarceration for any 
plaintiff who was unjustly sentenced to death and $50,000 for 
each 12-month period of incarceration for any other 
plaintiff''.

SEC. 432. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE DEATH 
                    PENALTY CASES.

  It is the sense of Congress that States should provide 
reasonable compensation to any person found to have been 
unjustly convicted of an offense against the State and 
sentenced to death.

                                  
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