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.

October 1, 2003

Mr. HATCH (for himself, Mr. BIDEN, Mr. SPECTER, Mr. LEAHY, Mr. DEWINE, Mrs. FEINSTEIN, Mr. SMITH, Mr. KENNEDY, Ms. COLLINS, Mr. SCHUMER, Mr. WARNER, Mr. DURBIN, Mr. CAMPBELL, Mr. KOHL, Mrs. CLINTON, Ms. CANTWELL, Mrs. MURRAY, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To eliminate the substantial backlog of DNA samples collected from crime scenes and convicted offenders, to improve and expand the DNA testing capacity of Federal, State, and local crime laboratories, to increase research and development of new DNA testing technologies, to develop new training programs regarding the collection and use of DNA evidence, to provide post-conviction testing of DNA evidence to exonerate the innocent, to improve the performance of counsel in State capital cases, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE- This Act may be cited as the `Advancing Justice Through DNA Technology Act of 2003'.

(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

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

Sec. 101. Short title.

Sec. 102. Debbie Smith DNA Backlog Grant Program.

Sec. 103. Expansion of Combined DNA Index System.

Sec. 104. Tolling of statute of limitations.

Sec. 105. Legal assistance for victims of violence.

Sec. 106. Ensuring private laboratory assistance in eliminating DNA backlog.

TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

Sec. 201. Short title.

Sec. 202. Ensuring public crime laboratory compliance with Federal standards.

Sec. 203. DNA training and education for law enforcement, correctional personnel, and court officers.

Sec. 204. Sexual assault forensic exam program grants.

Sec. 205. DNA research and development.

Sec. 206. FBI DNA programs.

Sec. 207. DNA identification of missing persons.

Sec. 208. Enhanced criminal penalties for unauthorized disclosure or use of DNA information.

Sec. 209. Tribal coalition grants.

Sec. 210. Expansion of Paul Coverdell Forensic Science Improvement Grant Program.

Sec. 211. Report to Congress.

TITLE III--INNOCENCE PROTECTION ACT OF 2003

Sec. 301. Short title.

Subtitle A--Exonerating the Innocent Through DNA Testing

Sec. 311. Federal post-conviction DNA testing.

Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.

Sec. 313. Incentive grants to States to ensure consideration of claims of actual innocence.

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

Sec. 321. Capital representation improvement grants.

Sec. 322. Capital prosecution improvement grants.

Sec. 323. Applications.

Sec. 324. State reports.

Sec. 325. Evaluations by Inspector General and administrative remedies.

Sec. 326. Authorization of appropriations.

Subtitle C--Compensation for the Wrongfully Convicted

Sec. 331. Increased compensation in Federal cases for the wrongfully convicted.

Sec. 332. Sense of Congress regarding compensation in State death penalty cases.

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

SEC. 101. SHORT TITLE.

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

SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

(a) DESIGNATION OF PROGRAM; ELIGIBILITY OF LOCAL GOVERNMENTS AS GRANTEES- Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--

(1) by amending the heading to read as follows:

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

(2) in subsection (a)--

(A) in the matter preceding paragraph (1)--

(i) by inserting `or units of local government' after `eligible States'; and

(ii) by inserting `or unit of local government' after `State';

(B) in paragraph (2), by inserting before the period at the end the following: `, including samples from rape kits, samples from other sexual assault evidence, and samples taken in cases without an identified suspect'; and

(C) in paragraph (3), by striking `within the State';

(3) in subsection (b)--

(A) in the matter preceding paragraph (1)--

(i) by inserting `or unit of local government' after `State' both places that term appears; and

(ii) by inserting `, as required by the Attorney General' after `application shall';

(B) in paragraph (1), by inserting `or unit of local government' after `State';

(C) in paragraph (3), by inserting `or unit of local government' after `State' the first place that term appears;

(D) in paragraph (4)--

(i) by inserting `or unit of local government' after `State'; and

(ii) by striking `and' at the end;

(E) in paragraph (5)--

(i) by inserting `or unit of local government' after `State'; and

(ii) by striking the period at the end and inserting a semicolon; and

(F) by adding at the end the following:

`(6) if submitted by a unit of local government, certify that the unit of local government has taken, or is taking, all necessary steps to ensure that it is eligible to include, directly or through a State law enforcement agency, all analyses of samples for which it has requested funding in the Combined DNA Index System; and';

(4) in subsection (d)--

(A) in paragraph (1)--

(i) in the matter preceding subparagraph (A), by striking `The plan' and inserting `A plan pursuant to subsection (b)(1)';

(ii) in subparagraph (A), by striking `within the State'; and

(iii) in subparagraph (B), by striking `within the State'; and

(B) in paragraph (2)(A), by inserting `and units of local government' after `States';

(5) in subsection (e)--

(A) in paragraph (1), by inserting `or local government' after `State' both places that term appears; and

(B) in paragraph (2), by inserting `or unit of local government' after `State';

(6) in subsection (f), in the matter preceding paragraph (1), by inserting `or unit of local government' after `State';

(7) in subsection (g)--

(A) in paragraph (1), by inserting `or unit of local government' after `State'; and

(B) in paragraph (2), by inserting `or units of local government' after `States'; and

(8) in subsection (h), by inserting `or unit of local government' after `State' both places that term appears.

(b) REAUTHORIZATION AND EXPANSION OF PROGRAM- Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended--

(1) in subsection (a)--

(A) in paragraph (3), by inserting `(1) or' before `(2)'; and

(B) by inserting at the end the following:

`(4) To collect DNA samples specified in paragraph (1).

`(5) To ensure that DNA testing and analysis of samples from crimes, including sexual assault and other serious violent crimes, are carried out in a timely manner.';

(2) in subsection (b), as amended by this section, by inserting at the end the following:

`(7) specify that portion of grant amounts that the State or unit of local government shall use for the purpose specified in subsection (a)(4).';

(3) by amending subsection (c) to read as follows:

`(c) FORMULA FOR DISTRIBUTION OF GRANTS-

`(1) IN GENERAL- The Attorney General shall distribute grant amounts, and establish appropriate grant conditions under this section, in conformity with a formula or formulas that are designed to effectuate a distribution of funds among eligible States and units of local government that--

`(A) maximizes the effective utilization of DNA technology to solve crimes and protect public safety; and

`(B) allocates grants among eligible entities fairly and efficiently to address areas where significant backlogs exist, by considering--

`(i) the number of offender and casework samples awaiting DNA analysis in a jurisdiction;

`(ii) the population in the jurisdiction; and

`(iii) the number of part I violent crimes in the jurisdiction.

`(2) MINIMUM AMOUNT- The Attorney General shall allocate to each State not less than 0.50 percent of the total amount appropriated in a fiscal year for grants under this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.125 percent of the total appropriation.

`(3) LIMITATION- Grant amounts distributed under paragraph (1) shall be awarded to conduct DNA analyses of samples from casework or from victims of crime under subsection (a)(2) in accordance with the following limitations:

`(A) For fiscal year 2005, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(B) For fiscal year 2006, not less than 50 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(C) For fiscal year 2007, not less than 45 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(D) For fiscal year 2008, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).

`(E) For fiscal year 2009, not less than 40 percent of the grant amounts shall be awarded for purposes under subsection (a)(2).';

(4) in subsection (g)--

(A) in paragraph (1), by striking `and' at the end;

(B) in paragraph (2), by striking the period at the end and inserting `; and'; and

(C) by adding at the end the following:

`(3) a description of the priorities and plan for awarding grants among eligible States and units of local government, and how such plan will ensure the effective use of DNA technology to solve crimes and protect public safety.';

(5) in subsection (j), by striking paragraphs (1) and (2) and inserting the following:

`(1) $151,000,000 for fiscal year 2005;

`(2) $151,000,000 for fiscal year 2006;

`(3) $151,000,000 for fiscal year 2007;

`(4) $151,000,000 for fiscal year 2008; and

`(5) $151,000,000 for fiscal year 2009.'; and

(6) by adding at the end the following:

`(k) USE OF FUNDS FOR ACCREDITATION AND AUDITS- The Attorney General may distribute not more than 1 percent of the grant amounts under subsection (j)--

`(1) to States or units of local government to defray the costs incurred by laboratories operated by each such State or unit of local government in preparing for accreditation or reaccreditation;

`(2) in the form of additional grants to States, units of local government, or nonprofit professional organizations of persons actively involved in forensic science and nationally recognized within the forensic science community--

`(A) to defray the costs of external audits of laboratories operated by such State or unit of local government, which are participating in the National DNA Index System in order to ensure compliance with quality assurance standards;

`(B) to assess compliance with any plans submitted to the National Institute of Justice, which detail the use of funds received by States or units of local government under this Act; and

`(C) to support future capacity building efforts; and

`(3) in the form of additional grants to nonprofit professional associations actively involved in forensic science and nationally recognized within the forensic science community to defray the costs of training persons who conduct external audits of laboratories operated by States and units of local government and which participate in the National DNA Index System.

`(l) EXTERNAL AUDITS AND REMEDIAL EFFORTS- In the event that a laboratory operated by a State or unit of local government which has received funds under this Act, has undergone an external audit conducted in order to demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation, and, as a result of such audit, identifies measures to remedy deficiencies with respect to the compliance by the laboratory with such standards, the State or unit of local government shall implement any such remediation as soon as practicable.'.

SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM.

(a) INCLUSION OF ALL DNA SAMPLES FROM STATES- Section 210304(a)(1) of the DNA Identification Act of 1994 (42 U.S.C. 14132(a)(1)) is amended by striking `of persons convicted of crimes;' and inserting the following: `of--

`(A) persons convicted of crimes; and

`(B) other persons whose DNA samples are collected under applicable legal authorities, provided that DNA profiles from DNA samples that are voluntarily submitted solely for elimination purposes shall not be included in the Combined DNA Index System;'.

(b) FELONS CONVICTED OF FEDERAL CRIMES- Section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)) is amended to read as follows:

`(d) QUALIFYING FEDERAL OFFENSES- The offenses that shall be treated for purposes of this section as qualifying Federal offenses are the following offenses, as determined by the Attorney General:

`(1) Any felony.

`(2) Any offense under chapter 109A of title 18, United States Code.

`(3) Any crime of violence (as that term is defined in section 16 of title 18, United States Code).

`(4) Any attempt or conspiracy to commit any of the offenses in paragraphs (1) through (3).'.

(c) MILITARY OFFENSES- Section 1565(d) of title 10, United States Code, is amended to read as follows:

`(d) QUALIFYING MILITARY OFFENSES- The offenses that shall be treated for purposes of this section as qualifying military offenses are the following offenses, as determined by the Secretary of Defense, in consultation with the Attorney General:

`(1) Any offense under the Uniform Code of Military Justice for which a sentence of confinement for more than one year may be imposed.

`(2) Any other offense under the Uniform Code of Military Justice that is comparable to a qualifying Federal offense (as determined under section 3(d) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135a(d)).'.

SEC. 104. TOLLING OF STATUTE OF LIMITATIONS.

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

`Sec. 3297. Cases involving DNA evidence

`In a case in which DNA testing implicates an identified person in the commission of a felony, except for a felony offense under chapter 109A, no statute of limitations that would otherwise preclude prosecution of the offense shall preclude such prosecution until a period of time following the implication of the person by DNA testing has elapsed that is equal to the otherwise applicable limitation period.'.

(b) CLERICAL AMENDMENT- The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:

`3297. Cases involving DNA evidence.'.

(c) APPLICATION- The amendments made by this section shall apply to the prosecution of any offense committed before, on, or after the date of the enactment of this section if the applicable limitation period has not yet expired.

SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

Section 1201 of the Violence Against Women Act of 2000 (42 U.S.C. 3796gg-6) is amended--

(1) in subsection (a), by inserting `dating violence,' after `domestic violence,';

(2) in subsection (b)--

(A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively;

(B) by inserting before paragraph (2), as redesignated by subparagraph (A), the following:

`(1) DATING VIOLENCE- The term `dating violence' means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of--

`(A) the length of the relationship;

`(B) the type of relationship; and

`(C) the frequency of interaction between the persons involved in the relationship.'; and

(C) in paragraph (3), as redesignated by subparagraph (A), by inserting `dating violence,' after `domestic violence,';

(3) in subsection (c)--

(A) in paragraph (1)--

(i) by inserting `, dating violence,' after `between domestic violence'; and

(ii) by inserting `dating violence,' after `victims of domestic violence,';

(B) in paragraph (2), by inserting `dating violence,' after `domestic violence,'; and

(C) in paragraph (3), by inserting `dating violence,' after `domestic violence,';

(4) in subsection (d)--

(A) in paragraph (1), by inserting `, dating violence,' after `domestic violence';

(B) in paragraph (2), by inserting `, dating violence,' after `domestic violence';

(C) in paragraph (3), by inserting `, dating violence,' after `domestic violence'; and

(D) in paragraph (4), by inserting `dating violence,' after `domestic violence,';

(5) in subsection (e), by inserting `dating violence,' after `domestic violence,'; and

(6) in subsection (f)(2)(A), by inserting `dating violence,' after `domestic violence,'.

SEC. 106. ENSURING PRIVATE LABORATORY ASSISTANCE IN ELIMINATING DNA BACKLOG.

Section 2(d)(3) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(d)(3)) is amended to read as follows:

`(3) USE OF VOUCHERS OR CONTRACTS FOR CERTAIN PURPOSES-

`(A) IN GENERAL- A grant for the purposes specified in paragraph (1), (2), or (5) of subsection (a) may be made in the form of a voucher or contract for laboratory services.

`(B) REDEMPTION- A voucher or contract under subparagraph (A) may be redeemed at a laboratory operated on a for-profit basis by a private entity that satisfies quality assurance standards and has been approved by the Attorney General.

`(C) PAYMENTS- The Attorney General may use amounts authorized under subsection (j) to make payments to a laboratory described under subparagraph (B) for the collection of DNA samples or DNA analysis of samples from casework.'.

TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2003

SEC. 201. SHORT TITLE.

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

SEC. 202. ENSURING PUBLIC CRIME LABORATORY COMPLIANCE WITH FEDERAL STANDARDS.

Section 210304(b)(2) of the DNA Identification Act of 1994 (42 U.S.C. 14132(b)(2)), is amended to read as follows:

`(2) prepared by laboratories that--

`(A) not later than 2 years after the date of enactment of the DNA Sexual Assault Justice Act of 2003, have been accredited by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic science community; and

`(B) undergo external audits, not less than once every 2 years, that demonstrate compliance with standards established by the Director of the Federal Bureau of Investigation; and'.

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

(a) IN GENERAL- The Attorney General shall make grants to States and units of local government to provide training, technical assistance, education, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by--

(1) law enforcement personnel, including police officers and other first responders, evidence technicians, investigators, and others who collect or examine evidence of crime;

(2) court officers, including State and local prosecutors, defense lawyers, and judges;

(3) forensic science professionals; and

(4) corrections personnel, including prison and jail personnel, and probation, parole, and other officers involved in supervision.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $12,500,000 for each of the fiscal years 2005 through 2009 to carry out this section.

SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

(a) IN GENERAL- The Attorney General shall make grants to eligible entities to provide training, technical assistance, education, equipment, and information relating to the identification, collection, preservation, analysis, and use of DNA samples and DNA evidence by medical personnel and other personnel, including doctors, medical examiners, coroners, nurses, victim service providers, and other professionals involved in treating victims of sexual assault and sexual assault examination programs, including SANE (Sexual Assault Nurse Examiner), SAFE (Sexual Assault Forensic Examiner), and SART (Sexual Assault Response Team).

(b) ELIGIBLE ENTITY- For purposes of this section, the term `eligible entity' includes--

(1) States;

(2) units of local government; and

(3) sexual assault examination programs, including--

(A) sexual assault nurse examiner (SANE) programs;

(B) sexual assault forensic examiner (SAFE) programs;

(C) sexual assault response team (SART) programs; and

(D) State sexual assault coalitions.

(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $30,000,000 for each of the fiscal years 2005 through 2009 to carry out this section.

SEC. 205. DNA RESEARCH AND DEVELOPMENT.

(a) IMPROVING DNA TECHNOLOGY- The Attorney General shall make grants to States and units of local government for research and development to improve forensic DNA technology, including increasing the identification

accuracy and efficiency of DNA analysis, decreasing time and expense, and increasing portability.

(b) DEMONSTRATION PROJECTS- The Attorney General shall conduct research through grants for demonstration projects involving coordinated training and commitment of resources to law enforcement agencies and key criminal justice participants to demonstrate and evaluate the use of forensic DNA technology in conjunction with other forensic tools. The demonstration projects shall include scientific evaluation of the public safety benefits, improvements to law enforcement operations, and cost-effectiveness of increased collection and use of DNA evidence.

(c) NATIONAL FORENSIC SCIENCE COMMISSION-

(1) APPOINTMENT- The Attorney General shall appoint a National Forensic Science Commission (in this section referred to as the `Commission'), composed of persons experienced in criminal justice issues, including persons from the forensic science and criminal justice communities, to carry out the responsibilities under paragraph (2).

(2) RESPONSIBILITIES- The Commission shall--

(A) assess the present and future resource needs of the forensic science community;

(B) make recommendations to the Attorney General for maximizing the use of forensic technologies and techniques to solve crimes and protect the public;

(C) identify potential scientific advances that may assist law enforcement in using forensic technologies and techniques to protect the public;

(D) make recommendations to the Attorney General for programs that will increase the number of qualified forensic scientists available to work in public crime laboratories;

(E) disseminate, through the National Institute of Justice, best practices concerning the collection and analyses of forensic evidence to help ensure quality and consistency in the use of forensic technologies and techniques to solve crimes and protect the public;

(F) examine additional issues pertaining to forensic science as requested by the Attorney General;

(G) examine Federal, State, and local privacy protection statutes, regulations, and practices relating to access to, or use of, stored DNA samples or DNA analyses, to determine whether such protections are sufficient;

(H) make specific recommendations to the Attorney General, as necessary, to enhance the protections described in subparagraph (G) to ensure--

(i) the appropriate use and dissemination of DNA information;

(ii) the accuracy, security, and confidentiality of DNA information;

(iii) the timely removal and destruction of obsolete, expunged, or inaccurate DNA information; and

(iv) that any other necessary measures are taken to protect privacy; and

(I) provide a forum for the exchange and dissemination of ideas and information in furtherance of the objectives described in subparagraphs (A) through (H).

(3) PERSONNEL; PROCEDURES- The Attorney General shall--

(A) designate the Chair of the Commission from among its members;

(B) designate any necessary staff to assist in carrying out the functions of the Commission; and

(C) establish procedures and guidelines for the operations of the Commission.

(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $15,000,000 for each of the fiscal years 2005 through 2009 to carry out this section.

SEC. 206. FBI DNA PROGRAMS.

(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Federal Bureau of Investigation $42,100,000 for each of the fiscal years 2005 through 2009 to carry out the DNA programs and activities described under subsection (b).

(b) PROGRAMS AND ACTIVITIES- The Federal Bureau of Investigation may use any amounts appropriated pursuant to subsection (a) for--

(1) nuclear DNA analysis;

(2) mitochondrial DNA analysis;

(3) regional mitochondrial DNA laboratories;

(4) the Combined DNA Index System;

(5) the Federal Convicted Offender DNA Program; and

(6) DNA research and development.

SEC. 207. DNA IDENTIFICATION OF MISSING PERSONS.

(a) IN GENERAL- The Attorney General shall make grants to States and units of local government to promote the use of forensic DNA technology to identify missing persons and unidentified human remains.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $2,000,000 for each of the fiscal years 2005 through 2009 to carry out this section.

SEC. 208. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED DISCLOSURE OR USE OF DNA INFORMATION.

Section 10(c) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135e(c)) is amended to read as follows:

`(c) CRIMINAL PENALTY- A person who knowingly discloses a sample or result described in subsection (a) in any manner to any person not authorized to receive it, or obtains or uses, without authorization, such sample or result, shall be fined not more than $100,000. Each instance of disclosure, obtaining, or use shall constitute a separate offense under this subsection.'.

SEC. 209. TRIBAL COALITION GRANTS.

Section 2001 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by adding at the end the following:

`(d) TRIBAL COALITION GRANTS-

`(1) PURPOSE- The Attorney General shall award grants to tribal domestic violence and sexual assault coalitions for purposes of--

`(A) increasing awareness of domestic violence and sexual assault against Indian women;

`(B) enhancing the response to violence against Indian women at the tribal, Federal, and State levels; and

`(C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence.

`(2) GRANTS TO TRIBAL COALITIONS- The Attorney General shall award grants under paragraph (1) to--

`(A) established nonprofit, nongovernmental tribal coalitions addressing domestic violence and sexual assault against Indian women; and

`(B) individuals or organizations that propose to incorporate as nonprofit, nongovernmental tribal coalitions to address domestic violence and sexual assault against Indian women.

`(3) ELIGIBILITY FOR OTHER GRANTS- Receipt of an award under this subsection by tribal domestic violence and sexual assault coalitions shall not preclude the coalition from receiving additional grants under this title to carry out the purposes described in subsection (b).'.

SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANT PROGRAM.

(a) FORENSIC BACKLOG ELIMINATION GRANTS- Section 2804 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797m) is amended--

(1) in subsection (a)--

(A) by striking `shall use the grant to carry out' and inserting `shall use the grant to--

`(1) carry out';

(B) by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:

`(2) eliminate a backlog in the analysis of forensic science evidence, including firearms examination, latent prints, toxicology, controlled substances, forensic pathology, questionable documents, and trace evidence; and

`(3) train, assist, and employ forensic laboratory personnel, as needed, to eliminate a forensic evidence backlog.';

(2) in subsection (b), by striking `under this part' and inserting `for the purpose set forth in subsection (a)(1)'; and

(3) by adding at the end the following:

`(e) DEFINED TERM- As used in this section, the term `forensic evidence backlog' means forensic evidence that--

`(1) has been stored in a laboratory, medical examiner's office, or coroner's office; and

`(2) has not been subjected to all appropriate forensic testing because of a lack of resources or personnel.'.

(b) EXTERNAL AUDITS- Section 2802 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797k) is amended--

(1) in paragraph (2), by striking the `and' at the end;

(2) in paragraph (3), by striking the period at the end and inserting `; and'; and

(3) by adding at the end the following:

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

(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS- Section 1001(a)(24) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(24)) is amended--

(1) in subparagraph (E), by striking the `and' at the end;

(2) in subparagraph (F), by striking the period at the end and inserting a semicolon; and

(3) by adding at the end the following:

`(G) $20,000,000 for fiscal year 2007;

`(H) $20,000,000 for fiscal year 2008; and

`(I) $20,000,000 for fiscal year 2009.'.

SEC. 211. REPORT TO CONGRESS.

(a) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the implementation of this Act.

(b) CONTENTS- The report submitted under subsection (a) shall include a description of--

(1) the progress made by Federal, State, and local entities in--

(A) collecting and entering DNA samples from offenders convicted of qualifying offenses for inclusion in the Combined DNA Index System (referred to in this subsection as `CODIS');

(B) analyzing samples from crime scenes, including evidence collected from sexual assaults and other serious violent crimes, and entering such DNA analyses in CODIS; and

(C) increasing the capacity of forensic laboratories to conduct DNA analyses;

(2) the priorities and plan for awarding grants among eligible States and units of local government to ensure that the purposes of this Act are carried out;

(3) the distribution of grant amounts under this Act among eligible States and local governments, and whether the distribution of such funds has served the purposes of the Debbie Smith DNA Backlog Grant Program;

(4) grants awarded and the use of such grants by eligible entities for DNA training and education programs for law enforcement, correctional personnel, court officers, medical personnel, victim service providers, and other personnel authorized under sections 203 and 204;

(5) grants awarded and the use of such grants by eligible entities to conduct DNA research and development programs to improve forensic DNA technology, and implement demonstration projects under section 205;

(6) the steps taken to establish the National Forensic Science Commission, and the activities of the Commission under section 205(c);

(7) the use of funds by the Federal Bureau of Investigation under section 206;

(8) grants awarded and the use of such grants by eligible entities to promote the use of forensic DNA technology to identify missing persons and unidentified human remains under section 207;

(9) grants awarded and the use of such grants by eligible entities to eliminate forensic science backlogs under section 210;

(10) State compliance with the requirements set forth in section 313; and

(11) any other matters considered relevant by the Attorney General.

TITLE III--INNOCENCE PROTECTION ACT OF 2003

SEC. 301. SHORT TITLE.

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

Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 311. FEDERAL POST-CONVICTION DNA TESTING.

(a) FEDERAL CRIMINAL PROCEDURE-

(1) IN GENERAL- Part II of title 18, United States Code, is amended by inserting after chapter 228 the following:

`CHAPTER 228A--POST-CONVICTION DNA TESTING

`Sec.

`3600. DNA testing.

`3600A. Prohibition on destruction of biological evidence.

`Sec. 3600. DNA testing

`(a) IN GENERAL- Upon a written motion by an individual under a sentence of imprisonment or death pursuant to a conviction for a Federal offense (referred to in this section as the `applicant'), the court that entered the judgment of conviction shall order DNA testing of specific evidence if--

`(1) the applicant asserts, under penalty of perjury, that the applicant is actually innocent of--

`(A) the Federal offense for which the applicant is under a sentence of imprisonment or death; or

`(B) another Federal or State offense, if--

`(i)(I) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or

`(II) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or new sentencing hearing; and

`(ii) in the case of a State offense--

`(I) the applicant demonstrates that there is no adequate remedy under State law to permit DNA testing of the specified evidence relating to the State offense; and

`(II) to the extent available, the applicant has exhausted all remedies available under State law for requesting DNA testing of specified evidence relating to the State offense;

`(2) the specific evidence to be tested was secured in relation to the investigation or prosecution of the Federal or State offense referenced in the applicant's assertion under paragraph (1);

`(3) the specific evidence to be tested--

`(A) was not previously subjected to DNA testing and the applicant did not knowingly and voluntarily waive the right to request DNA testing of that evidence in a court proceeding after the date of enactment of the Innocence Protection Act of 2003; or

`(B) was previously subjected to DNA testing and the applicant is requesting DNA testing using a new method or technology that is substantially more probative than the prior DNA testing;

`(4) the specific evidence to be tested is in the possession of the Government and has been subject to a chain of custody and retained under conditions sufficient to ensure that such evidence has not been substituted, contaminated, tampered with, replaced, or altered in any respect material to the proposed DNA testing;

`(5) the proposed DNA testing is reasonable in scope, uses scientifically sound methods, and is consistent with accepted forensic practices;

`(6) the applicant identifies a theory of defense that--

`(A) is not inconsistent with an affirmative defense presented at trial; and

`(B) would establish the actual innocence of the applicant of the Federal or State offense referenced in the applicant's assertion under paragraph (1);

`(7) if the applicant was convicted following a trial, the identity of the perpetrator was at issue in the trial;

`(8) the proposed DNA testing of the specific evidence--

`(A) would produce new material evidence to support the theory of defense referenced in paragraph (6); and

`(B) assuming the DNA test result excludes the applicant, would raise a reasonable probability that the applicant did not commit the offense;

`(9) the applicant certifies that the applicant will provide a DNA sample for purposes of comparison; and

`(10) the applicant's motion is filed for the purpose of demonstrating the applicant's actual innocence of the Federal or State offense, and not to delay the execution of the sentence or the administration of justice.

`(b) NOTICE TO THE GOVERNMENT; PRESERVATION ORDER; APPOINTMENT OF COUNSEL-

`(1) NOTICE- Upon the receipt of a motion filed under subsection (a), the court shall--

`(A) notify the Government; and

`(B) allow the Government a reasonable time period to respond to the motion.

`(2) PRESERVATION ORDER- To the extent necessary to carry out proceedings under this section, the court shall direct the Government to preserve the specific evidence relating to a motion under subsection (a).

`(3) APPOINTMENT OF COUNSEL- The court may appoint counsel for an indigent applicant under this section in the same manner as in a proceeding under section 3006A(a)(2)(B).

`(c) TESTING PROCEDURES-

`(1) IN GENERAL- The court shall direct that any DNA testing ordered under this section be carried out by the Federal Bureau of Investigation.

`(2) EXCEPTION- Notwithstanding paragraph (1), the court may order DNA testing by another qualified laboratory if the court makes all necessary orders to ensure the integrity of the specific evidence and the reliability of the testing process and test results.

`(3) COSTS- The costs of any DNA testing ordered under this section shall be paid--

`(A) by the applicant; or

`(B) in the case of an applicant who is indigent, by the Government.

`(d) TIME LIMITATION IN CAPITAL CASES- In any case in which the applicant is sentenced to death--

`(1) any DNA testing ordered under this section shall be completed not later than 60 days after the date on which the Government responds to the motion filed under subsection (a); and

`(2) not later than 120 days after the date on which the DNA testing ordered under this section is completed, the court shall order any post-testing procedures under subsection (f) or (g), as appropriate.

`(e) REPORTING OF TEST RESULTS-

`(1) IN GENERAL- The results of any DNA testing ordered under this section shall be simultaneously disclosed to the court, the applicant, and the Government.

`(2) CODIS- The Government shall submit any test results relating to the DNA of the applicant to the Combined DNA Index System (referred to in this subsection as `CODIS').

`(3) RETENTION OF DNA SAMPLE-

`(A) ENTRY INTO CODIS- If the DNA test results obtained under this section are inconclusive or show that the applicant was the source of the DNA evidence, the DNA sample of the applicant may be retained in CODIS.

`(B) MATCH WITH OTHER OFFENSE- If the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant results in a match between the DNA sample of the applicant and another offense, the Attorney General shall notify the appropriate agency and preserve the DNA sample of the applicant.

`(C) NO MATCH- If the DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, and a comparison of the DNA sample of the applicant does not result in a match between the DNA sample of the applicant and another offense, the Attorney General shall destroy the DNA sample of the applicant and ensure that such information is not retained in CODIS if there is no other legal authority to retain the DNA sample of the applicant in CODIS.

`(f) POST-TESTING PROCEDURES; INCONCLUSIVE AND INCULPATORY RESULTS-

`(1) INCONCLUSIVE RESULTS- If DNA test results obtained under this section are inconclusive, the court may order further testing, if appropriate, or may deny the applicant relief.

`(2) INCULPATORY RESULTS- If DNA test results obtained under this section show that the applicant was the source of the DNA evidence, the court shall--

`(A) deny the applicant relief; and

`(B) on motion of the Government--

`(i) make a determination whether the applicant's assertion of actual innocence was false, and, if the court makes such a finding, the court may hold the applicant in contempt;

`(ii) assess against the applicant the cost of any DNA testing carried out under this section;

`(iii) forward the finding to the Director of the Bureau of Prisons, who, upon receipt of such a finding, may deny, wholly or in part, the good conduct credit authorized under section 3632 on the basis of that finding;

`(iv) if the applicant is subject to the jurisdiction of the United States Parole Commission, forward the finding to the Commission so that the Commission may deny parole on the basis of that finding; and

`(v) if the DNA test results relate to a State offense, forward the finding to any appropriate State official.

`(3) SENTENCE- In any prosecution of an applicant under chapter 79 for false assertions or other conduct in proceedings under this section, the court, upon conviction of the applicant, shall sentence the

applicant to a term of imprisonment of not less than 3 years, which shall run consecutively to any other term of imprisonment the applicant is serving.

`(g) POST-TESTING PROCEDURES; MOTION FOR NEW TRIAL OR RESENTENCING-

`(1) IN GENERAL- Notwithstanding any law that would bar a motion under this paragraph as untimely, if DNA test results obtained under this section exclude the applicant as the source of the DNA evidence, the applicant may file a motion for a new trial or resentencing, as appropriate. The court shall establish a reasonable schedule for the applicant to file such a motion and for the Government to respond to the motion.

`(2) STANDARD FOR GRANTING MOTION FOR NEW TRIAL OR RESENTENCING- The court shall grant the motion of the applicant for a new trial or resentencing, as appropriate, if the DNA test results, when considered with all other evidence in the case (regardless of whether such evidence was introduced at trial), establish by a preponderance of the evidence that a new trial would result in an acquittal of--

`(A) in the case of a motion for a new trial, the Federal offense for which the applicant is under a sentence of imprisonment or death; and

`(B) in the case of a motion for resentencing, another Federal or State offense, if--

`(i) such offense was legally necessary to make the applicant eligible for a sentence as a career offender under section 3559(e) or an armed career offender under section 924(e), and exoneration of such offense would entitle the applicant to a reduced sentence; or

`(ii) evidence of such offense was admitted during a Federal death sentencing hearing and exoneration of such offense would entitle the applicant to a reduced sentence or a new sentencing proceeding.

`(h) OTHER LAWS UNAFFECTED-

`(1) POST-CONVICTION RELIEF- Nothing in this section shall affect the circumstances under which a person may obtain DNA testing or post-conviction relief under any other law.

`(2) HABEAS CORPUS- Nothing in this section shall provide a basis for relief in any Federal habeas corpus proceeding.

`(3) APPLICATION NOT A MOTION- An application under this section shall not be considered to be a motion under section 2255 for purposes of determining whether the application or any other motion is a second or successive motion under section 2255.

`Sec. 3600A. Prohibition on destruction of biological evidence

`(a) IN GENERAL- Notwithstanding any other provision of law, the Government shall not destroy biological evidence that was secured in the investigation or prosecution of a Federal offense, if a defendant is under a sentence of imprisonment for such offense.

`(b) DEFINED TERM- For purposes of this section, the term `biological evidence' means--

`(1) a sexual assault forensic examination kit; or

`(2) semen, blood, saliva, hair, skin tissue, or other identified biological material.

`(c) APPLICABILITY- The prohibition of the destruction of biological evidence under subsection (a) shall not apply if--

`(1) a court has denied a request or motion for DNA testing of the biological evidence by the defendant under section 3600, and no appeal is pending;

`(2) the defendant knowingly and voluntarily waived the right to request DNA testing of such evidence in a court proceeding conducted after the date of enactment of the Innocence Protection Act of 2003;

`(3) the defendant is notified after conviction that the biological evidence may be destroyed and the defendant does not file a motion under section 3600 within 180 days of receipt of the notice; or

`(4)(A) the evidence must be returned to its rightful owner, or is of such a size, bulk, or physical character as to render retention impracticable; and

`(B) the Government takes reasonable measures to remove and preserve portions of the material evidence sufficient to permit future DNA testing.

`(d) OTHER PRESERVATION REQUIREMENT- Nothing in this section shall preempt or supersede any statute, regulation, court order, or other provision of law that may require evidence, including biological evidence, to be preserved.

`(e) REGULATIONS- The Attorney General shall promulgate regulations to implement and enforce this section, including appropriate disciplinary sanctions to ensure that employees comply with such regulations.

`(f) CRIMINAL PENALTY- Whoever knowingly and intentionally destroys, alters, or tampers with biological evidence that is required to be preserved under this section with the intent to prevent that evidence from being subjected to DNA testing or prevent the production or use of that evidence in an official proceeding, shall be fined under this title, imprisoned for not more than 5 years, or both.'.

(2) CLERICAL AMENDMENT- The chapter analysis for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 228 the following:

3600'.

(b) SYSTEM FOR REPORTING MOTIONS-

(1) ESTABLISHMENT- The Attorney General shall establish a system for reporting and tracking motions filed in accordance with section 3600 of title 18, United States Code.

(2) OPERATION- In operating the system established under paragraph (1), the courts shall provide to the Attorney General any requested assistance in operating such a system and in ensuring the accuracy and completeness of information included in that system.

(3) REPORT- Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report to Congress that contains--

(A) a list of motions filed under section 3600 of title 18, United States Code, as added by this Act;

(B) whether DNA testing was ordered pursuant to such a motion;

(C) whether the applicant obtained relief on the basis of DNA test results; and

(D) whether further proceedings occurred following a granting of relief and the outcome of such proceedings.

(4) ADDITIONAL INFORMATION- The report required to be submitted under paragraph (3) may include any other information the Attorney General determines to be relevant in assessing the operation, utility, or costs of section 3600 of title 18, United States Code, as added by this Act, and any recommendations the Attorney General may have relating to future legislative action concerning that section.

(c) EFFECTIVE DATE; APPLICABILITY- This section and the amendments made by this section shall take effect on the date of enactment of this Act and shall apply with respect to any offense committed, and to any judgment of conviction entered, before, on, or after that date of enactment.

SEC. 312. KIRK BLOODSWORTH POST-CONVICTION DNA TESTING GRANT PROGRAM.

(a) IN GENERAL- The Attorney General shall establish the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program to award grants to States to help defray the costs of post-conviction DNA testing.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $5,000,000 for each of the fiscal years 2005 through 2009 to carry out this section.

(c) STATES- For purposes of this section, the term `States' means the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

SEC. 313. INCENTIVE GRANTS TO STATES TO ENSURE CONSIDERATION OF CLAIMS OF ACTUAL INNOCENCE.

For each of the fiscal years 2005 through 2009, all funds appropriated to carry out sections 203, 205, 207, and 312 shall be reserved for grants eligible entities that--

(1) meet the requirements under section 203, 205, 207, or 312, as appropriate; and

(2) demonstrate that the State in which the eligible entity operates--

(A) provides post-conviction DNA testing of specified evidence--

(i) under a State statute enacted before the date of enactment of this Act (or extended or renewed after such date), to any person convicted after trial and under a sentence of imprisonment or death for a State offense, in a manner that ensures a meaningful process for resolving a claim of actual innocence; or

(ii) under a State statute enacted after the date of enactment of this Act, or under a State rule, regulation, or practice, to any person under a sentence of imprisonment or death for a State offense, in a manner comparable to section 3600(a) of title 18, United States Code (provided that the State statute, rule, regulation, or practice may make post-conviction DNA testing available in cases in which such testing is not required by such section), and if the results of such testing exclude the applicant, permits the applicant to apply for post-conviction relief, notwithstanding any provision of law that would otherwise bar such application as untimely; and

(B) preserves biological evidence secured in relation to the investigation or prosecution of a State offense--

(i) under a State statute or a State or local rule, regulation, or practice, enacted or adopted before the date of enactment of this Act (or extended or renewed after such date), in a manner that ensures that reasonable measures are taken by all jurisdictions within the State to preserve such evidence; or

(ii) under a State statute or a State or local rule, regulation, or practice, enacted or adopted after the date of enactment of this Act, in a manner comparable to section 3600A of title 18, United States Code, if--

(I) all jurisdictions within the State comply with this requirement; and

(II) such jurisdictions may preserve such evidence for longer than the period of time that such evidence would be required to be preserved under such section 3600A.

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

SEC. 321. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.

(a) IN GENERAL- The Attorney General shall award grants to States for the purpose of improving the quality of legal representation provided to indigent defendants in State capital cases.

(b) DEFINED TERM- In this section, the term `legal representation' means legal counsel and investigative, expert, and other services necessary for competent representation.

(c) USE OF FUNDS- Grants awarded under subsection (a)--

(1) shall be used to establish, implement, or improve an effective system for providing competent legal representation to--

(A) indigents charged with an offense subject to capital punishment;

(B) indigents who have been sentenced to death and who seek appellate or collateral relief in State court; and

(C) indigents who have been sentenced to death and who seek review in the Supreme Court of the United States; and

(2) shall not be used to fund representation in specific capital cases.

(d) EFFECTIVE SYSTEM- As used in subsection (c)(1), an effective system for providing competent legal representation is a system that--

(1) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in--

(A) a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; or

(B) an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital representation; and

(2) requires the entity described in paragraph (1) to--

(A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases;

(B) establish and maintain a roster of qualified attorneys;

(C) assign 2 attorneys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation;

(D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases;

(E) monitor the performance of attorneys who are appointed and their attendance at training programs, and remove from the roster attorneys who fail to deliver effective representation or who fail to comply with such requirements as the entity may establish regarding participation in training programs; and

(F) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, who shall be compensated as follows:

(i) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor's office in the jurisdiction.

(ii) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases.

(iii) Non-attorney members of the defense team, including investigators, mitigation specialists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases.

(iv) Attorney and non-attorney members of the defense team shall be reimbursed for reasonable incidental expenses.

SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

(a) IN GENERAL- The Attorney General shall award grants to States for the purpose of improving the representation of the public in State capital cases.

(b) USE OF FUNDS-

(1) PERMITTED USES- Grants awarded under subsection (a) shall be used to--

(A) design and implement training programs for State and local prosecutors to ensure effective representation in State capital cases;

(B) develop and implement appropriate standards and qualifications for State and local prosecutors who litigate State capital cases;

(C) assess the performance of State and local prosecutors who litigate State capital cases, provided that such assessment shall not include participation by the assessor in the trial of any specific capital case;

(D) identify and implement any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases;

(E) establish a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate; and

(F) provide support and assistance to the families of murder victims.

(2) PROHIBITED USE- Grants awarded under subsection (a) shall not be used to fund the prosecution of specific capital cases.

SEC. 323. APPLICATIONS.

(a) IN GENERAL- The Attorney General shall establish a process through which a State may apply for a grant under this subtitle.

(b) APPLICATION-

(1) IN GENERAL- A State desiring a grant under this subtitle shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may reasonably require.

(2) CONTENTS- Each application submitted under paragraph (1) shall contain--

(A) a certification by an appropriate officer of the State that the State authorizes capital punishment under its laws and conducts, or will conduct, prosecutions in which capital punishment is sought;

(B) a description of the communities to be served by the grant, including the nature of existing capital defender services and capital prosecution programs within such communities;

(C) a long-term statewide strategy and detailed implementation plan that--

(i) reflects consultation with the judiciary, the organized bar, and State and local prosecutor and defender organizations; and

(ii) establishes as a priority improvement in the quality of trial-level representation of indigents charged with capital crimes and trial-level prosecution of capital crimes; and

(D) assurances that Federal funds received under this subtitle shall be--

(i) used to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under this subtitle; and

(ii) allocated equally between the uses described in section 321 and the uses described in section 322.

SEC. 324. STATE REPORTS.

(a) IN GENERAL- Each State receiving funds under this subtitle shall submit an annual report to the Attorney General that--

(1) identifies the activities carried out with such funds; and

(2) explains how each activity complies with the terms and conditions of the grant.

(b) CAPITAL REPRESENTATION IMPROVEMENT GRANTS- With respect to the funds provided under section 321, a report under subsection (a) shall include--

(1) an accounting of all amounts expended;

(2) an explanation of the means by which the State--

(A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in an entity described in section 321(d)(1); and

(B) requires the entity described in section 321(d)(1) to--

(i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with section 321(d)(2)(A);

(ii) establish and maintain a roster of qualified attorneys in accordance with section 321(d)(2)(B);

(iii) assign attorneys from the roster in accordance with section 321(d)(2)(C);

(iv) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases in accordance with section 321(d)(2)(D);

(v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as the entity may establish regarding participation in training programs, in accordance with section 321(d)(2)(E); and

(vi) ensure funding for the full cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with section 321(d)(2)(F), including a statement setting forth--

(I) if the State employs a public defender program under section 321(d)(1)(A), the salaries received by the attorneys employed by such program and the salaries received by attorneys in the prosecutor's office in the jurisdiction;

(II) if the State employs appointed attorneys under section 321(d)(1)(B), the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated;

(III) the amounts paid to nonattorney members of the defense team, and the basis on which such amounts were determined; and

(IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses; and

(3) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds.

(c) CAPITAL PROSECUTION IMPROVEMENT GRANTS- With respect to the funds provided under section 322, a report under subsection (a) shall include--

(1) an accounting of all amounts expended;

(2) a description of the means by which the State has--

(A) designed and established training programs for State and local prosecutors to ensure effective representation in State capital cases in accordance with section 322(b)(1)(A);

(B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with section 322(b)(1)(B);

(C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with section 322(b)(1)(C);

(D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with section 322(b)(1)(D);

(E) established a program under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with section 322(b)(1)(E); and

(F) provided support and assistance to the families of murder victims; and

(3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds.

(d) PUBLIC DISCLOSURE OF ANNUAL STATE REPORTS- The annual reports to the Attorney General submitted by any State under this section shall be made available to the public.

SEC. 325. EVALUATIONS BY INSPECTOR GENERAL AND ADMINISTRATIVE REMEDIES.

(a) EVALUATION BY INSPECTOR GENERAL-

(1) IN GENERAL- As soon as practicable after the end of the first fiscal year for which a State receives funds under a grant made under this title, the Inspector General of the Department of Justice (in this section referred to as the `Inspector General') shall--

(A) after affording an opportunity for any person to provide comments on a report submitted under section 324, submit to Congress and to the Attorney General a report evaluating the compliance by the State with the terms and conditions of the grant; and

(B) if the Inspector General concludes that the State is not in compliance with the terms and conditions of the grant, specify any deficiencies and make recommendations for corrective action.

(2) PRIORITY- In conducting evaluations under this subsection, the Inspector General shall give priority to States that the Inspector General determines, based on information submitted by the State and other comments provided by any other person, to be at the highest risk of noncompliance.

(b) ADMINISTRATIVE REVIEW-

(1) COMMENT- Upon receiving the report under subsection (a)(1), the Attorney General shall provide the State with an opportunity to comment regarding the findings and conclusions of the report.

(2) CORRECTIVE ACTION PLAN- If the Attorney General, after reviewing the report under subsection (a)(1), determines that a State is not in compliance with the terms and conditions of the grant, the Attorney General shall consult with the appropriate State authorities to enter into a plan for corrective action. If the State does not agree to a plan for corrective action that has been approved by the Attorney General within 90 days after the submission of the report under subsection (a)(1), the Attorney General shall, within 30 days, direct the State to take corrective action to bring the State into compliance.

(3) REPORT TO CONGRESS- Not later than 90 days after the earlier of the implementation of a corrective action plan or a directive to implement such a plan under paragraph (2), the Attorney General shall submit a report to Congress as to whether the State has taken corrective action and is in compliance with the terms and conditions of the grant.

(c) PENALTIES FOR NONCOMPLIANCE- If the State fails to take the prescribed corrective action under subsection (b) and is not in compliance with the terms and conditions of the grant, the Attorney General shall discontinue all further funding under sections 321 and 322 and require the State to return the funds granted under such sections for that fiscal year. Nothing in this paragraph shall prevent a State which has been subject to penalties for noncompliance from reapplying for a grant under this subtitle in another fiscal year.

(d) PERIODIC REPORTS- During the grant period, the Inspector General shall periodically review the compliance of each State with the terms and conditions of the grant.

(e) ADMINISTRATIVE COSTS- Not less than 2.5 percent of the funds appropriated to carry out this subtitle for each of the fiscal years 2005 through 2009 shall be made available to the Inspector General for purposes of carrying out this section. Such sums shall remain available until expended.

SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION FOR GRANTS- There are authorized to be appropriated $100,000,000 for each of the fiscal years 2005 through 2009 to carry out this subtitle.

(b) RESTRICTION ON USE OF FUNDS TO ENSURE EQUAL ALLOCATION- Each State receiving a grant under this subtitle shall allocate the funds equally between the uses described in section 321 and the uses described in section 322.

Subtitle C--Compensation for the Wrongfully Convicted

SEC. 331. INCREASED COMPENSATION IN FEDERAL CASES FOR THE WRONGFULLY CONVICTED.

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

SEC. 332. SENSE OF CONGRESS REGARDING COMPENSATION IN STATE DEATH PENALTY CASES.

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

END