Text: H.R.5107 — 108th Congress (2003-2004)All Information (Except Text)

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Public Law No: 108-405 (10/30/2004)

 
[108th Congress Public Law 405]
[From the U.S. Government Printing Office]


[DOCID: f:publ405.108]

[[Page 2259]]

                       JUSTICE FOR ALL ACT OF 2004

[[Page 118 STAT. 2260]]

Public Law 108-405
108th Congress

                                 An Act


 
 To protect crime victims' rights, to eliminate the substantial backlog 
 of DNA samples collected from crime scenes and convicted offenders, to 
improve and expand the DNA testing capacity of Federal, State, and local 
  crime laboratories, to increase research and development of new DNA 
  testing technologies, to develop new training programs regarding the 
 collection and use of DNA evidence, to provide post-conviction testing 
of DNA evidence to exonerate the innocent, to improve the performance of 
counsel in State capital cases, and for other purposes. <<NOTE: Oct. 30, 
                         2004 -  [H.R. 5107]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Justice for All Act of 
2004.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This <<NOTE: 42 USC 13701 note.>> Act may be cited 
as the ``Justice for All Act of 2004''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

TITLE I--SCOTT CAMPBELL, STEPHANIE ROPER, WENDY PRESTON, LOUARNA GILLIS, 
                 AND NILA LYNN CRIME VICTIMS' RIGHTS ACT

Sec. 101. Short title.
Sec. 102. Crime victims' rights.
Sec. 103. Increased resources for enforcement of crime victims' rights.
Sec. 104. Reports.

                   TITLE II--DEBBIE SMITH ACT OF 2004

Sec. 201. Short title.
Sec. 202. Debbie Smith DNA Backlog Grant Program.
Sec. 203. Expansion of Combined DNA Index System.
Sec. 204. Tolling of statute of limitations.
Sec. 205. Legal assistance for victims of violence.
Sec. 206. Ensuring private laboratory assistance in eliminating DNA 
           backlog.

            TITLE III--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

Sec. 301. Short title.
Sec. 302. Ensuring public crime laboratory compliance with Federal 
           standards.
Sec. 303. DNA training and education for law enforcement, correctional 
           personnel, and court officers.
Sec. 304. Sexual assault forensic exam program grants.
Sec. 305. DNA research and development.
Sec. 306. National Forensic Science Commission.
Sec. 307. FBI DNA programs.
Sec. 308. DNA identification of missing persons.
Sec. 309. Enhanced criminal penalties for unauthorized disclosure or use 
           of DNA information.
Sec. 310. Tribal coalition grants.
Sec. 311. Expansion of Paul Coverdell Forensic Sciences Improvement 
           Grant Program.
Sec. 312. Report to Congress.

               TITLE IV--INNOCENCE PROTECTION ACT OF 2004

Sec. 401. Short title.

[[Page 118 STAT. 2261]]

        Subtitle A--Exonerating the innocent through DNA testing

Sec. 411. Federal post-conviction DNA testing.
Sec. 412. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 413. Incentive grants to States to ensure consideration of claims 
           of actual innocence.

  Subtitle B--Improving the quality of representation in State capital 
                                  cases

Sec. 421. Capital representation improvement grants.
Sec. 422. Capital prosecution improvement grants.
Sec. 423. Applications.
Sec. 424. State reports.
Sec. 425. Evaluations by Inspector General and administrative remedies.
Sec. 426. Authorization of appropriations.

          Subtitle C--Compensation for the wrongfully convicted

Sec. 431. Increased compensation in Federal cases for the wrongfully 
           convicted.
Sec. 432. Sense of Congress regarding compensation in State death 
           penalty cases.

 TITLE I--SCOTT <<NOTE: Scott Campbell, Stephanie Roper, Wendy Preston, 
  Louarna Gillis, and Nila Lynn Crime Victims' Rights Act.>> CAMPBELL, 
  STEPHANIE ROPER, WENDY PRESTON, LOUARNA GILLIS, AND NILA LYNN CRIME 
VICTIMS' RIGHTS ACT

SEC. 101. <<NOTE: 18 USC 3771 note.>> SHORT TITLE.

    This title may be cited as the ``Scott Campbell, Stephanie Roper, 
Wendy Preston, Louarna Gillis, and Nila Lynn Crime Victims' Rights 
Act''.

SEC. 102. CRIME VICTIMS' RIGHTS.

    (a) Amendment to Title 18.--Part II of title 18, United States Code, 
is amended by adding at the end the following:

                  ``CHAPTER 237--CRIME VICTIMS' RIGHTS

``Sec.
``3771. Crime victims' rights.

``Sec. 3771. Crime victims' rights

    ``(a) Rights of Crime Victims.--A crime victim has the following 
rights:
            ``(1) The right to be reasonably protected from the accused.
            ``(2) The right to reasonable, accurate, and timely notice 
        of any public court proceeding, or any parole proceeding, 
        involving the crime or of any release or escape of the accused.
            ``(3) The right not to be excluded from any such public 
        court proceeding, unless the court, after receiving clear and 
        convincing evidence, determines that testimony by the victim 
        would be materially altered if the victim heard other testimony 
        at that proceeding.
            ``(4) The right to be reasonably heard at any public 
        proceeding in the district court involving release, plea, 
        sentencing, or any parole proceeding.
            ``(5) The reasonable right to confer with the attorney for 
        the Government in the case.
            ``(6) The right to full and timely restitution as provided 
        in law.
            ``(7) The right to proceedings free from unreasonable delay.
            ``(8) The right to be treated with fairness and with respect 
        for the victim's dignity and privacy.

[[Page 118 STAT. 2262]]

    ``(b) Rights Afforded.--In any court proceeding involving an offense 
against a crime victim, the court shall ensure that the crime victim is 
afforded the rights described in subsection (a). Before making a 
determination described in subsection (a)(3), the court shall make every 
effort to permit the fullest attendance possible by the victim and shall 
consider reasonable alternatives to the exclusion of the victim from the 
criminal proceeding. The reasons for any decision denying relief under 
this chapter shall be clearly stated on the record.
    ``(c) Best Efforts To Accord Rights.--
            ``(1) Government.--Officers <<NOTE: Notification.>> and 
        employees of the Department of Justice and other departments and 
        agencies of the United States engaged in the detection, 
        investigation, or prosecution of crime shall make their best 
        efforts to see that crime victims are notified of, and accorded, 
        the rights described in subsection (a).
            ``(2) Advice of attorney.--The prosecutor shall advise the 
        crime victim that the crime victim can seek the advice of an 
        attorney with respect to the rights described in subsection (a).
            ``(3) Notice.--Notice of release otherwise required pursuant 
        to this chapter shall not be given if such notice may endanger 
        the safety of any person.

    ``(d) Enforcement and Limitations.--
            ``(1) Rights.--The crime victim or the crime victim's lawful 
        representative, and the attorney for the Government may assert 
        the rights described in subsection (a). A person accused of the 
        crime may not obtain any form of relief under this chapter.
            ``(2) Multiple crime victims.--In a case where the court 
        finds that the number of crime victims makes it impracticable to 
        accord all of the crime victims the rights described in 
        subsection (a), the court shall fashion a reasonable procedure 
        to give effect to this chapter that does not unduly complicate 
        or prolong the proceedings.
            ``(3) Motion for relief and writ of mandamus.--The rights 
        described in subsection (a) shall be asserted in the district 
        court in which a defendant is being prosecuted for the crime or, 
        if no prosecution is underway, in the district court in the 
        district in which the crime occurred. The district court shall 
        take up and decide any motion asserting a victim's right 
        forthwith. If the district court denies the relief sought, the 
        movant may petition the court of appeals for a writ of mandamus. 
        The court of appeals may issue the writ on the order of a single 
        judge pursuant to circuit rule or the Federal Rules of Appellate 
        Procedure. <<NOTE: Deadline.>> The court of appeals shall take 
        up and decide such application forthwith within 72 hours after 
        the petition has been filed. In no event shall proceedings be 
        stayed or subject to a continuance of more than five days for 
        purposes of enforcing this chapter. If the court of appeals 
        denies the relief sought, the reasons for the denial shall be 
        clearly stated on the record in a written opinion.
            ``(4) Error.--In any appeal in a criminal case, the 
        Government may assert as error the district court's denial of 
        any crime victim's right in the proceeding to which the appeal 
        relates.
            ``(5) Limitation on relief.--In no case shall a failure to 
        afford a right under this chapter provide grounds for a

[[Page 118 STAT. 2263]]

        new trial. A victim may make a motion to re-open a plea or 
        sentence only if--
                    ``(A) the victim has asserted the right to be heard 
                before or during the proceeding at issue and such right 
                was denied;
                    ``(B) the victim petitions the court of appeals for 
                a writ of mandamus within 10 days; and
                    ``(C) in the case of a plea, the accused has not 
                pled to the highest offense charged.
        This paragraph does not affect the victim's right to restitution 
        as provided in title 18, United States Code.''.
            ``(6) No cause of action.--Nothing in this chapter shall be 
        construed to authorize a cause of action for damages or to 
        create, to enlarge, or to imply any duty or obligation to any 
        victim or other person for the breach of which the United States 
        or any of its officers or employees could be held liable in 
        damages. Nothing in this chapter shall be construed to impair 
        the prosecutorial discretion of the Attorney General or any 
        officer under his direction.

    ``(e) Definitions.--For the purposes of this chapter, the term 
`crime victim' means a person directly and proximately harmed as a 
result of the commission of a Federal offense or an offense in the 
District of Columbia. In the case of a crime victim who is under 18 
years of age, incompetent, incapacitated, or deceased, the legal 
guardians of the crime victim or the representatives of the crime 
victim's estate, family members, or any other persons appointed as 
suitable by the court, may assume the crime victim's rights under this 
chapter, but in no event shall the defendant be named as such guardian 
or representative.
    ``(f) Procedures To Promote Compliance.--
            ``(1) Regulations.--Not <<NOTE: Deadline.>> later than 1 
        year after the date of enactment of this chapter, the Attorney 
        General of the United States shall promulgate regulations to 
        enforce the rights of crime victims and to ensure compliance by 
        responsible officials with the obligations described in law 
        respecting crime victims.
            ``(2) Contents.--The regulations promulgated under paragraph 
        (1) shall--
                    ``(A) designate an administrative authority within 
                the Department of Justice to receive and investigate 
                complaints relating to the provision or violation of the 
                rights of a crime victim;
                    ``(B) require a course of training for employees and 
                offices of the Department of Justice that fail to comply 
                with provisions of Federal law pertaining to the 
                treatment of crime victims, and otherwise assist such 
                employees and offices in responding more effectively to 
                the needs of crime victims;
                    ``(C) contain disciplinary sanctions, including 
                suspension or termination from employment, for employees 
                of the Department of Justice who willfully or wantonly 
                fail to comply with provisions of Federal law pertaining 
                to the treatment of crime victims; and
                    ``(D) provide that the Attorney General, or the 
                designee of the Attorney General, shall be the final 
                arbiter of the complaint, and that there shall be no 
                judicial review of the final decision of the Attorney 
                General by a complainant.''.

[[Page 118 STAT. 2264]]

    (b) Table of Chapters.--The table of chapters for part II of title 
18, United States Code, is amended by inserting at the end the 
following:
``237. Crime victims' rights.....................................3771''.

    (c) Repeal.--Section 502 of the Victims' Rights and Restitution Act 
of 1990 (42 U.S.C. 10606) is repealed.

SEC. 103. INCREASED RESOURCES FOR ENFORCEMENT OF CRIME VICTIMS' RIGHTS.

    (a) Crime Victims Legal Assistance Grants.--The Victims of Crime Act 
of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 
1404C the following:

``SEC. 1404D. <<NOTE: 42 USC 10603d.>> CRIME VICTIMS LEGAL ASSISTANCE 
            GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified public and private entities, to develop, establish, and 
maintain programs for the enforcement of crime victims' rights as 
provided in law.
    ``(b) Prohibition.--Grant amounts under this section may not be used 
to bring a cause of action for damages.

    ``(c) False Claims Act.--Notwithstanding any other provision of law, 
amounts collected pursuant to sections 3729 through 3731 of title 31, 
United States Code (commonly known as the `False Claims Act'), may be 
used for grants under this section, subject to appropriation.''.
    (b) Authorization of Appropriations.--In addition to funds made 
available under section 1402(d) of the Victims of Crime Act of 1984, 
there are authorized to be appropriated to carry out this title--
            (1) $2,000,000 for fiscal year 2005 and $5,000,000 for each 
        of fiscal years 2006, 2007, 2008, and 2009 to United States 
        Attorneys Offices for Victim/Witnesses Assistance Programs;
            (2) $2,000,000 for fiscal year 2005 and $5,000,000 in each 
        of the fiscal years 2006, 2007, 2008, and 2009, to the Office 
        for Victims of Crime of the Department of Justice for 
        enhancement of the Victim Notification System;
            (3) $300,000 in fiscal year 2005 and $500,000 for each of 
        the fiscal years 2006, 2007, 2008, and 2009, to the Office for 
        Victims of Crime of the Department of Justice for staff to 
        administer the appropriation for the support of organizations as 
        designated under paragraph (4);
            (4) $7,000,000 for fiscal year 2005 and $11,000,000 for each 
        of the fiscal years 2006, 2007, 2008, and 2009, to the Office 
        for Victims of Crime of the Department of Justice, for the 
        support of organizations that provide legal counsel and support 
        services for victims in criminal cases for the enforcement of 
        crime victims' rights in Federal jurisdictions, and in States 
        and tribal governments that have laws substantially equivalent 
        to the provisions of chapter 237 of title 18, United States 
        Code; and
            (5) $5,000,000 for fiscal year 2005 and $7,000,000 for each 
        of fiscal years 2006, 2007, 2008, and 2009, to the Office for 
        Victims of Crime of the Department of Justice, for the support 
        of--

[[Page 118 STAT. 2265]]

                    (A) training and technical assistance to States and 
                tribal jurisdictions to craft state-of-the-art victims' 
                rights laws; and
                    (B) training and technical assistance to States and 
                tribal jurisdictions to design a variety of compliance 
                systems, which shall include an evaluation component.

    (c) Increased Resources To Develop State-of-the-Art Systems for 
Notifying Crime Victims of Important Dates and Developments.--The 
Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by 
inserting after section 1404D the following:

``SEC. 1404E. <<NOTE: 42 USC 10603e.>> CRIME VICTIMS NOTIFICATION 
            GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified public or private entities, to develop and implement 
state-of-the-art systems for notifying victims of crime of important 
dates and developments relating to the criminal proceedings at issue in 
a timely and efficient manner, provided that the jurisdiction has laws 
substantially equivalent to the provisions of chapter 237 of title 18, 
United States Code.
    ``(b) Integration of Systems.--Systems developed and implemented 
under this section may be integrated with existing case management 
systems operated by the recipient of the grant.
    ``(c) Authorization of Appropriations.--In addition to funds made 
available under section 1402(d), there are authorized to be appropriated 
to carry out this section--
            ``(1) $5,000,000 for fiscal year 2005; and
            ``(2) $5,000,000 for each of the fiscal years 2006, 2007, 
        2008, and 2009.

    ``(d) False Claims Act.--Notwithstanding any other provision of law, 
amounts collected pursuant to sections 3729 through 3731 of title 31, 
United States Code (commonly known as the `False Claims Act'), may be 
used for grants under this section, subject to appropriation.''.

SEC. 104. REPORTS.

    (a) Administrative <<NOTE: Deadline. 18 USC 3771 note.>> Office of 
the United States Courts.--Not later than 1 year after the date of 
enactment of this Act and annually thereafter, the Administrative Office 
of the United States Courts, for each Federal court, shall report to 
Congress the number of times that a right established in chapter 237 of 
title 18, United States Code, is asserted in a criminal case and the 
relief requested is denied and, with respect to each such denial, the 
reason for such denial, as well as the number of times a mandamus action 
is brought pursuant to chapter 237 of title 18, and the result reached.

    (b) Government Accountability Office.--
            (1) Study.--The Comptroller General shall conduct a study 
        that evaluates the effect and efficacy of the implementation of 
        the amendments made by this title on the treatment of crime 
        victims in the Federal system.
            (2) Report.--Not <<NOTE: Deadline.>> later than 4 years 
        after the date of enactment of this Act, the Comptroller General 
        shall prepare and submit to the appropriate committees a report 
        containing the results of the study conducted under subsection 
        (a).

[[Page 118 STAT. 2266]]

TITLE II--DEBBIE <<NOTE: Debbie Smith Act of 2004.>> SMITH ACT OF 2004

SEC. 201. <<NOTE: 42 USC 13701 note.>> 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

[[Page 118 STAT. 2267]]

                          (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.

[[Page 118 STAT. 2268]]

            ``(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

[[Page 118 STAT. 2269]]

            ``(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

[[Page 118 STAT. 2270]]

                    (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''.

[[Page 118 STAT. 2271]]

    (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 <<NOTE: 28 USC 531 
note.>> 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 <<NOTE: 18 USC 3297 note.>> 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

[[Page 118 STAT. 2272]]

                          (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 <<NOTE: DNA Sexual Assault Justice Act of 2004.>> SEXUAL 
ASSAULT JUSTICE ACT OF 2004

SEC. 301. <<NOTE: 42 USC 13701 note.>> 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) <<NOTE: Deadline.>> 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

[[Page 118 STAT. 2273]]

                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. <<NOTE: 42 USC 14136.>> DNA TRAINING AND EDUCATION FOR LAW 
            ENFORCEMENT, CORRECTIONAL PERSONNEL, AND COURT OFFICERS.

    (a) In General.--The <<NOTE: Grants.>> 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. <<NOTE: 42 USC 14136a.>> 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 <<NOTE: Definition.>> 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. <<NOTE: 42 USC 14136b.>> DNA RESEARCH AND DEVELOPMENT.

    (a) Improving DNA Technology.--The <<NOTE: Grants.>> Attorney 
General shall make grants for research and development to improve 
forensic

[[Page 118 STAT. 2274]]

DNA technology, including increasing the identification accuracy and 
efficiency of DNA analysis, decreasing time and expense, and increasing 
portability.
    (b) Demonstration Projects.--The <<NOTE: Grants.>> 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. <<NOTE: 42 USC 14136c.>> 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

[[Page 118 STAT. 2275]]

                    (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. <<NOTE: 42 USC 14136d.>> DNA IDENTIFICATION OF MISSING 
            PERSONS.

    (a) In General.--The <<NOTE: Grants.>> 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.''.

[[Page 118 STAT. 2276]]

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) <<NOTE: 42 USC 3796gg-1--3796gg-5, 3796-1 
note.>> 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,

[[Page 118 STAT. 2277]]

        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) <<NOTE: Certification.>> a certification that a 
        government entity exists and an appropriate process is in place 
        to conduct independent external investigations into allegations 
        of serious negligence or misconduct substantially affecting the 
        integrity of the forensic results committed by employees or 
        contractors of any forensic laboratory system, medical 
        examiner's office, coroner's office, law enforcement storage 
        facility, or medical facility in the State that will receive a 
        portion of the grant amount.''.

    (c) Three-Year Extension of Authorization of Appropriations.--
Section 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3793(a)(24)) is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting a semicolon; and
            (3) by adding at the end the following:
            ``(G) $20,000,000 for fiscal year 2007;
            ``(H) $20,000,000 for fiscal year 2008; and
            ``(I) $20,000,000 for fiscal year 2009.''.

    (d) Technical Amendment.--Section 1001(a) of such Act, as amended by 
subsection (c), is further amended by realigning paragraphs (24) and 
(25) so as to be flush with the left margin.

SEC. 312. REPORT TO CONGRESS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Attorney General shall submit to Congress a report on 
the implementation of this title and title II and the amendments made by 
this title and title II.
    (b) Contents.--The report submitted under subsection (a) shall 
include a description of--
            (1) the progress made by Federal, State, and local entities 
        in--
                    (A) collecting and entering DNA samples from 
                offenders convicted of qualifying offenses for inclusion 
                in the Combined DNA Index System (referred to in this 
                subsection as ``CODIS'');
                    (B) analyzing samples from crime scenes, including 
                evidence collected from sexual assaults and other 
                serious

[[Page 118 STAT. 2278]]

                violent crimes, and entering such DNA analyses in CODIS; 
                and
                    (C) increasing the capacity of forensic laboratories 
                to conduct DNA analyses;
            (2) the priorities and plan for awarding grants among 
        eligible States and units of local government to ensure that the 
        purposes of this title and title II are carried out;
            (3) the distribution of grant amounts under this title and 
        title II among eligible States and local governments, and 
        whether the distribution of such funds has served the purposes 
        of the Debbie Smith DNA Backlog Grant Program;
            (4) grants awarded and the use of such grants by eligible 
        entities for DNA training and education programs for law 
        enforcement, correctional personnel, court officers, medical 
        personnel, victim service providers, and other personnel 
        authorized under sections 303 and 304;
            (5) grants awarded and the use of such grants by eligible 
        entities to conduct DNA research and development programs to 
        improve forensic DNA technology, and implement demonstration 
        projects under section 305;
            (6) the steps taken to establish the National Forensic 
        Science Commission, and the activities of the Commission under 
        section 306;
            (7) the use of funds by the Federal Bureau of Investigation 
        under section 307;
            (8) grants awarded and the use of such grants by eligible 
        entities to promote the use of forensic DNA technology to 
        identify missing persons and unidentified human remains under 
        section 308;
            (9) grants awarded and the use of such grants by eligible 
        entities to eliminate forensic science backlogs under the 
        amendments made by section 311;
            (10) State compliance with the requirements set forth in 
        section 313; and
            (11) any other matters considered relevant by the Attorney 
        General.

        TITLE IV--INNOCENCE <<NOTE: Innocence Protection Act of 
2004.>> PROTECTION ACT OF 2004

SEC. 401. <<NOTE: 18 USC 3600 note.>> 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:

[[Page 118 STAT. 2279]]

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

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

``Sec. 3600. DNA testing

    ``(a) In General.--Upon a <<NOTE: Applicability.>> 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.

[[Page 118 STAT. 2280]]

            ``(6) The applicant identifies a theory of defense that--
                    ``(A) is not inconsistent with an affirmative 
                defense presented at trial; and
                    ``(B) would establish the actual innocence of the 
                applicant of the Federal or State offense referenced in 
                the applicant's assertion under paragraph (1).
            ``(7) If the applicant was convicted following a trial, the 
        identity of the perpetrator was at issue in the trial.
            ``(8) The proposed DNA testing of the specific evidence may 
        produce new material evidence that would--
                    ``(A) support the theory of defense referenced in 
                paragraph (6); and
                    ``(B) raise a reasonable probability that the 
                applicant did not commit the offense.
            ``(9) The applicant certifies that the applicant will 
        provide a DNA sample for purposes of comparison.
            ``(10) The motion is made in a timely fashion, subject to 
        the following conditions:
                    ``(A) There shall be a rebuttable presumption of 
                timeliness if the motion is made within 60 months of 
                enactment of the Justice For All Act of 2004 or within 
                36 months of conviction, whichever comes later. Such 
                presumption may be rebutted upon a showing--
                          ``(i) that the applicant's motion for a DNA 
                      test is based solely upon information used in a 
                      previously denied motion; or
                          ``(ii) of clear and convincing evidence that 
                      the applicant's filing is done solely to cause 
                      delay or harass.
                    ``(B) There shall be a rebuttable presumption 
                against timeliness for any motion not satisfying 
                subparagraph (A) above. Such presumption may be rebutted 
                upon the court's finding--
                          ``(i) that the applicant was or is incompetent 
                      and such incompetence substantially contributed to 
                      the delay in the applicant's motion for a DNA 
                      test;
                          ``(ii) the evidence to be tested is newly 
                      discovered DNA evidence;
                          ``(iii) that the applicant's motion is not 
                      based solely upon the applicant's own assertion of 
                      innocence and, after considering all relevant 
                      facts and circumstances surrounding the motion, a 
                      denial would result in a manifest injustice; or
                          ``(iv) upon good cause shown.
                    ``(C) For purposes of this paragraph--
                          ``(i) the term `incompetence' has the meaning 
                      as defined in section 4241 of title 18, United 
                      States Code;
                          ``(ii) the term `manifest' means that which is 
                      unmistakable, clear, plain, or indisputable and 
                      requires that the opposite conclusion be clearly 
                      evident.

    ``(b) Notice to the Government; Preservation Order; Appointment of 
Counsel.--
            ``(1) Notice.--Upon the receipt of a motion filed under 
        subsection (a), the court shall--
                    ``(A) notify the Government; and
                    ``(B) allow the Government a reasonable time period 
                to respond to the motion.

[[Page 118 STAT. 2281]]

            ``(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 <<NOTE: Deadlines.>> 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

[[Page 118 STAT. 2282]]

                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

[[Page 118 STAT. 2283]]

                    ``(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 <<NOTE: Deadline.>> 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

[[Page 118 STAT. 2284]]

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 <<NOTE: 18 USC 3600 note.>> 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 <<NOTE: 18 USC 3600 
note.>> 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 <<NOTE: 42 USC 14136e.>> 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.

[[Page 118 STAT. 2285]]

    (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. <<NOTE: 42 USC 14136 note.>> 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.

[[Page 118 STAT. 2286]]

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

SEC. 421. <<NOTE: 42 USC 14163.>> CAPITAL REPRESENTATION IMPROVEMENT 
            GRANTS.

    (a) In General.--The Attorney General shall award grants to States 
for the purpose of improving the quality of legal representation 
provided to indigent defendants in State capital cases.
    (b) Defined Term.--In this section, the term ``legal 
representation'' means legal counsel and investigative, expert, and 
other services necessary for competent representation.
    (c) Use of Funds.--Grants awarded under subsection (a)--
            (1) shall be used to establish, implement, or improve an 
        effective system for providing competent legal representation 
        to--
                    (A) indigents charged with an offense subject to 
                capital punishment;
                    (B) indigents who have been sentenced to death and 
                who seek appellate or collateral relief in State court; 
                and
                    (C) indigents who have been sentenced to death and 
                who seek review in the Supreme Court of the United 
                States; and
            (2) shall not be used to fund, directly or indirectly, 
        representation in specific capital cases.

    (d) Apportionment of Funds.--
            (1) In general.--Of the funds awarded under subsection (a)--
                    (A) not less than 75 percent shall be used to carry 
                out the purpose described in subsection (c)(1)(A); and
                    (B) not more than 25 percent shall be used to carry 
                out the purpose described in subsection (c)(1)(B).
            (2) Waiver.--The Attorney General may waive the requirement 
        under this subsection for good cause shown.

    (e) Effective System.--As used in subsection (c)(1), an effective 
system for providing competent legal representation is a system that--
            (1) invests the responsibility for appointing qualified 
        attorneys to represent indigents in capital cases--
                    (A) in a public defender program that relies on 
                staff attorneys, members of the private bar, or both, to 
                provide representation in capital cases;
                    (B) in an entity established by statute or by the 
                highest State court with jurisdiction in criminal cases, 
                which is composed of individuals with demonstrated 
                knowledge and expertise in capital cases, except for 
                individuals currently employed as prosecutors; or
                    (C) pursuant to a statutory procedure enacted before 
                the date of the enactment of this Act under which the 
                trial judge is required to appoint qualified attorneys 
                from a roster maintained by a State or regional 
                selection committee or similar entity; and
            (2) requires the program described in paragraph (1)(A), the 
        entity described in paragraph (1)(B), or an appropriate entity 
        designated pursuant to the statutory procedure described in 
        paragraph (1)(C), as applicable, to--
                    (A) establish qualifications for attorneys who may 
                be appointed to represent indigents in capital cases;

[[Page 118 STAT. 2287]]

                    (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.

[[Page 118 STAT. 2288]]

SEC. 422. <<NOTE: 42 USC 14163a.>> 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. <<NOTE: 42 USC 14163b.>> APPLICATIONS.

    (a) In General.--The <<NOTE: Procedures.>> 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) <<NOTE: Certification.>> 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

[[Page 118 STAT. 2289]]

                      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. <<NOTE: 42 USC 14163c.>> 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

[[Page 118 STAT. 2290]]

                      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.

[[Page 118 STAT. 2291]]

SEC. 425. <<NOTE: 42 USC 14163d.>> 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) <<NOTE: Reports.>> 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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> 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

[[Page 118 STAT. 2292]]

        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. <<NOTE: 42 USC 14163e.>> 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).

[[Page 118 STAT. 2293]]

          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.

    Approved October 30, 2004.

LEGISLATIVE HISTORY--H.R. 5107 (H.R. 3214):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-711 (Comm. on the Judiciary).
SENATE REPORTS: No. 108-321, Pt. 1 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 6, considered and passed House.
            Oct. 9, considered and passed Senate.

                                  <all>

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