To provide protections for human subjects in research conducted or supported by the Department of Homeland Security.

TEXT OF AMENDMENTS

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

On page 5, after line 2, insert the following:
(7) Grant programs under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121-5206.).
On page 10, line 17, strike the semicolon and all that
follows through page 11, line 7, and insert a period.
On page 12, line 5, strike ``(5)'' and insert ``(6)''.
On page 12, lines 17 through 20, strike ``technical
assistance provided by any Federal agency to States and local
governments to conduct threat analyses and vulnerability
assessments'' and insert ``technical assistance provided by
any Federal agency to States and local governments regarding
homeland security matters''.
On page 18, line 9, insert ``secure'' after ``for''.
On page 23, line 18, insert ``on the basis of terrorist
threat'' after ``grant''.
On page 25, line 24, insert ``on the basis of terrorist
threat'' after ``distribute''.
______

SA 3951. Mr. LEAHY submitted an amendment intended to be proposed to
amendment SA 3724 proposed by Mr. Kyl (for himself, Mr. Cornyn, Mr.
Chambliss, and Mr. Nickles) to the bill S. 2845, to reform the
intelligence community and the intelligence and intelligence-related
activities of the United States Government, and for other purposes;
which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

DIVISION __--ADVANCING JUSTICE THROUGH DNA TECHNOLOGY

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

TITLE I--DEBBIE SMITH ACT OF 2004

Sec. 101. Short title.
Sec. 102. Debbie Smith DNA Backlog Grant Program.
Sec. 103. Expansion of Combined DNA Index System.
Sec. 104. Tolling of statute of limitations.
Sec. 105. Legal assistance for victims of violence.
Sec. 106. Ensuring private laboratory assistance in eliminating DNA
backlog.

TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

Sec. 201. Short title.
Sec. 202. Ensuring public crime laboratory compliance with Federal
standards.
Sec. 203. DNA training and education for law enforcement, correctional
personnel, and court officers.
Sec. 204. Sexual assault forensic exam program grants.
Sec. 205. DNA research and development.
Sec. 206. National Forensic Science Commission.
Sec. 207. FBI DNA programs.
Sec. 208. DNA identification of missing persons.
Sec. 209. Enhanced criminal penalties for unauthorized disclosure or
use of DNA information.
Sec. 210. Tribal coalition grants.
Sec. 211. Expansion of Paul Coverdell Forensic Science Improvement
Grant Program.
Sec. 212. Report to Congress.

TITLE III--INNOCENCE PROTECTION ACT OF 2004

Sec. 301. Short title.

Subtitle A--Exonerating the Innocent Through DNA Testing

Sec. 311. Federal post-conviction DNA testing.
Sec. 312. Kirk Bloodsworth Post-Conviction DNA Testing Grant Program.
Sec. 313. Incentive grants to States to ensure consideration of claims
of actual innocence.

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

Sec. 321. Capital representation improvement grants.
Sec. 322. Capital prosecution improvement grants.
Sec. 323. Applications.
Sec. 324. State reports.
Sec. 325. Evaluations by Inspector General and administrative remedies.
Sec. 326. Authorization of appropriations.

Subtitle C--Compensation for the Wrongfully Convicted

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

TITLE I--DEBBIE SMITH ACT OF 2004

SEC. 101. SHORT TITLE.

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

SEC. 102. DEBBIE SMITH DNA BACKLOG GRANT PROGRAM.

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

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

(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or units of local government'' after
``eligible States''; and
(ii) by inserting ``or unit of local government'' after
``State'';
(B) in paragraph (2), by inserting before the period at the
end the following: ``, including samples from rape kits,
samples from other sexual assault evidence, and samples taken
in cases without an identified suspect''; and
(C) in paragraph (3), by striking ``within the State'';
(3) in subsection (b)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or unit of local government'' after
``State'' both places that term appears; and
(ii) by inserting ``, as required by the Attorney General''
after ``application shall'';
(B) in paragraph (1), by inserting ``or unit of local
government'' after ``State'';
(C) in paragraph (3), by inserting ``or unit of local
government'' after ``State'' the first place that term
appears;
(D) in paragraph (4)--
(i) by inserting ``or unit of local government'' after
``State''; and
(ii) by striking ``and'' at the end;
(E) in paragraph (5)--
(i) by inserting ``or unit of local government'' after
``State''; and
(ii) by striking the period at the end and inserting a
semicolon; and

[[Page S10370]]

(F) by adding at the end the following:
``(6) if submitted by a unit of local government, certify
that the unit of local government has taken, or is taking,
all necessary steps to ensure that it is eligible to include,
directly or through a State law enforcement agency, all
analyses of samples for which it has requested funding in the
Combined DNA Index System; and'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``The plan'' and inserting ``A plan pursuant to subsection
(b)(1)'';
(ii) in subparagraph (A), by striking ``within the State'';
and
(iii) in subparagraph (B), by striking ``within the
State''; and
(B) in paragraph (2)(A), by inserting ``and units of local
government'' after ``States'';
(5) in subsection (e)--
(A) in paragraph (1), by inserting ``or local government''
after ``State'' both places that term appears; and
(B) in paragraph (2), by inserting ``or unit of local
government'' after ``State'';
(6) in subsection (f), in the matter preceding paragraph
(1), by inserting ``or unit of local government'' after
``State'';
(7) in subsection (g)--
(A) in paragraph (1), by inserting ``or unit of local
government'' after ``State''; and
(B) in paragraph (2), by inserting ``or units of local
government'' after ``States''; and
(8) in subsection (h), by inserting ``or unit of local
government'' after ``State'' both places that term appears.
(b) Reauthorization and Expansion of Program.--Section 2 of
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135) is amended--
(1) in subsection (a)--
(A) in paragraph (3), by inserting ``(1) or'' before
``(2)''; and
(B) by inserting at the end the following:
``(4) To collect DNA samples specified in paragraph (1).
``(5) To ensure that DNA testing and analysis of samples
from crimes, including sexual assault and other serious
violent crimes, are carried out in a timely manner.'';
(2) in subsection (b), as amended by this section, by
inserting at the end the following:
``(7) specify that portion of grant amounts that the State
or unit of local government shall use for the purpose
specified in subsection (a)(4).'';
(3) by amending subsection (c) to read as follows:
``(c) Formula for Distribution of Grants.--
``(1) In general.--The Attorney General shall distribute
grant amounts, and establish appropriate grant conditions
under this section, in conformity with a formula or formulas
that are designed to effectuate a distribution of funds among
eligible States and units of local government that--
``(A) maximizes the effective utilization of DNA technology
to solve crimes and protect public safety; and
``(B) allocates grants among eligible entities fairly and
efficiently to address jurisdictions in which significant
backlogs exist, by considering--
``(i) the number of offender and casework samples awaiting
DNA analysis in a jurisdiction;
``(ii) the population in the jurisdiction; and
``(iii) the number of part 1 violent crimes in the
jurisdiction.
``(2) Minimum amount.--The Attorney General shall allocate
to each State not less than 0.50 percent of the total amount
appropriated in a fiscal year for grants under this section,
except that the United States Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands shall each be
allocated 0.125 percent of the total appropriation.
``(3) Limitation.--Grant amounts distributed under
paragraph (1) shall be awarded to conduct DNA analyses of
samples from casework or from victims of crime under
subsection (a)(2) in accordance with the following
limitations:
``(A) For fiscal year 2005, not less than 50 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(B) For fiscal year 2006, not less than 50 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(C) For fiscal year 2007, not less than 45 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(D) For fiscal year 2008, not less than 40 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).
``(E) For fiscal year 2009, not less than 40 percent of the
grant amounts shall be awarded for purposes under subsection
(a)(2).'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``and'' at the end;
(B) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(3) a description of the priorities and plan for awarding
grants among eligible States and units of local government,
and how such plan will ensure the effective use of DNA
technology to solve crimes and protect public safety.'';
(5) in subsection (j), by striking paragraphs (1) and (2)
and inserting the following:
``(1) $151,000,000 for fiscal year 2005;
``(2) $151,000,000 for fiscal year 2006;
``(3) $151,000,000 for fiscal year 2007;
``(4) $151,000,000 for fiscal year 2008; and
``(5) $151,000,000 for fiscal year 2009.''; and
(6) by adding at the end the following:
``(k) Use of Funds for Accreditation and Audits.--The
Attorney General may distribute not more than 1 percent of
the grant amounts under subsection (j)--
``(1) to States or units of local government to defray the
costs incurred by laboratories operated by each such State or
unit of local government in preparing for accreditation or
reaccreditation;
``(2) in the form of additional grants to States, units of
local government, or nonprofit professional organizations of
persons actively involved in forensic science and nationally
recognized within the forensic science community--
``(A) to defray the costs of external audits of
laboratories operated by such State or unit of local
government, which participates in the National DNA Index
System, to determine whether the laboratory is in compliance
with quality assurance standards;
``(B) to assess compliance with any plans submitted to the
National Institute of Justice, which detail the use of funds
received by States or units of local government under this
Act; and
``(C) to support future capacity building efforts; and
``(3) in the form of additional grants to nonprofit
professional associations actively involved in forensic
science and nationally recognized within the forensic science
community to defray the costs of training persons who conduct
external audits of laboratories operated by States and units
of local government and which participate in the National DNA
Index System.
``(l) External Audits and Remedial Efforts.--In the event
that a laboratory operated by a State or unit of local
government which has received funds under this Act has
undergone an external audit conducted to determine whether
the laboratory is in compliance with standards established by
the Director of the Federal Bureau of Investigation, and, as
a result of such audit, identifies measures to remedy
deficiencies with respect to the compliance by the laboratory
with such standards, the State or unit of local government
shall implement any such remediation as soon as
practicable.''.

SEC. 103. EXPANSION OF COMBINED DNA INDEX SYSTEM.

(a) Inclusion of All DNA Samples From States.--Section
210304 of the DNA Identification Act of 1994 (42 U.S.C.
14132) is amended--
(1) in subsection (a)(1), by striking ``of persons
convicted of crimes;'' and inserting the following: ``of--
``(A) persons convicted of crimes;
``(B) persons who have been charged in an indictment or
information with a crime; and
``(C) other persons whose DNA samples are collected under
applicable legal authorities, provided that DNA profiles from
arrestees who have not been charged in an indictment or
information with a crime, and DNA samples that are
voluntarily submitted solely for elimination purposes shall
not be included in the Combined DNA Index System;''; and
(2) in subsection (d)(2)--
(A) by striking ``if the responsible agency'' and
inserting``if--
``(i) the responsible agency'';
(B) by striking the period at the end and inserting ``;
or''; and
(C) by adding at the end the following:
``(ii) the person has not been convicted of an offense on
the basis of which that analysis was or could have been
included in the index, and all charges for which the analysis
was or could have been included in the index have been
dismissed or resulted in acquittal.''.
(b) Felons Convicted of Federal Crimes.--Section 3(d) of
the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C.
14135a(d)) is amended to read as follows:
``(d) Qualifying Federal Offenses.--The offenses that shall
be treated for purposes of this section as qualifying Federal
offenses are the following offenses, as determined by the
Attorney General:
``(1) Any felony.
``(2) Any offense under chapter 109A of title 18, United
States Code.
``(3) Any crime of violence (as that term is defined in
section 16 of title 18, United States Code).
``(4) Any attempt or conspiracy to commit any of the
offenses in paragraphs (1) through (3).''.
(c) Military Offenses.--Section 1565(d) of title 10, United
States Code, is amended to read as follows:
``(d) Qualifying Military Offenses.--The offenses that
shall be treated for purposes of this section as qualifying
military offenses are the following offenses, as determined
by the Secretary of Defense, in consultation with the
Attorney General:
``(1) Any offense under the Uniform Code of Military
Justice for which a sentence of confinement for more than one
year may be imposed.
``(2) Any other offense under the Uniform Code of Military
Justice that is comparable to a qualifying Federal offense
(as determined under section 3(d) of the DNA Analysis Backlog
Elimination Act of 2000 (42 U.S.C. 14135a(d))).''.
(d) Keyboard Searches.--Section 210304 of the DNA
Identification Act of 1994 (42 U.S.C. 14132), as amended by
subsection (a), is further amended by adding at the end the
following new subsection:
``(e) Authority for Keyboard Searches.--
``(1) In general.--The Director shall ensure that any
person who is authorized to access the index described in
subsection (a) for

[[Page S10371]]

purposes of including information on DNA identification
records or DNA analyses in that index may also access that
index for purposes of carrying out a one-time keyboard search
on information obtained from any DNA sample lawfully
collected for a criminal justice purpose except for a DNA
sample voluntarily submitted solely for elimination purposes.
``(2) Definition.--For purposes of paragraph (1), the term
`keyboard search' means a search under which information
obtained from a DNA sample is compared with information in
the index without resulting in the information obtained from
a DNA sample being included in the index.
``(3) No preemption.--This subsection shall not be
construed to preempt State law.''.

SEC. 104. TOLLING OF STATUTE OF LIMITATIONS.

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

``Sec. 3297. Cases involving DNA evidence

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

``3297. Cases involving DNA evidence.''.

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

SEC. 105. LEGAL ASSISTANCE FOR VICTIMS OF VIOLENCE.

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

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

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

TITLE II--DNA SEXUAL ASSAULT JUSTICE ACT OF 2004

SEC. 201. SHORT TITLE.

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

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

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

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

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

SEC. 204. SEXUAL ASSAULT FORENSIC EXAM PROGRAM GRANTS.

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

SEC. 205. DNA RESEARCH AND DEVELOPMENT.

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

SEC. 206. NATIONAL FORENSIC SCIENCE COMMISSION.

(a) Appointment.--The Attorney General shall appoint a
National Forensic Science Commission (in this section
referred to as the ``Commission''), composed of persons
experienced in criminal justice issues, including persons
from the forensic science and criminal justice communities,
to carry out the responsibilities under subsection (b).
(b) Responsibilities.--The Commission shall--
(1) assess the present and future resource needs of the
forensic science community;
(2) make recommendations to the Attorney General for
maximizing the use of forensic technologies and techniques to
solve crimes and protect the public;
(3) identify potential scientific advances that may assist
law enforcement in using forensic technologies and techniques
to protect the public;
(4) make recommendations to the Attorney General for
programs that will increase the

[[Page S10372]]

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

SEC. 207. FBI DNA PROGRAMS.

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

SEC. 208. DNA IDENTIFICATION OF MISSING PERSONS.

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

SEC. 209. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED
DISCLOSURE OR USE OF DNA INFORMATION.

Section 10(c) of the DNA Analysis Backlog Elimination Act
of 2000 (42 U.S.C. 14135e(c)) is amended to read as follows:
``(c) Criminal Penalty.--A person who knowingly discloses a
sample or result described in subsection (a) in any manner to
any person not authorized to receive it, or obtains or uses,
without authorization, such sample or result, shall be fined
not more than $100,000. Each instance of disclosure,
obtaining, or use shall constitute a separate offense under
this subsection.''.

SEC. 210. TRIBAL COALITION GRANTS.

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

SEC. 211. EXPANSION OF PAUL COVERDELL FORENSIC SCIENCES
IMPROVEMENT GRANT PROGRAM.

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

SEC. 212. REPORT TO CONGRESS.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Attorney General shall submit to
Congress a report on the implementation of this Division and
the amendments made by this Division.
(b) Contents.--The report submitted under subsection (a)
shall include a description of--
(1) the progress made by Federal, State, and local entities
in--
(A) collecting and entering DNA samples from offenders
convicted of qualifying offenses for inclusion in the
Combined DNA Index System (referred to in this subsection as
``CODIS'');
(B) analyzing samples from crime scenes, including evidence
collected from sexual assaults and other serious violent
crimes, and entering such DNA analyses in CODIS; and
(C) increasing the capacity of forensic laboratories to
conduct DNA analyses;
(2) the priorities and plan for awarding grants among
eligible States and units of local government to ensure that
the purposes of this Division are carried out;
(3) the distribution of grant amounts under this Division
among eligible States and local governments, and whether the
distribution of such funds has served the purposes of the
Debbie Smith DNA Backlog Grant Program;
(4) grants awarded and the use of such grants by eligible
entities for DNA training and education programs for law
enforcement, correctional personnel, court officers, medical
personnel, victim service providers, and other personnel
authorized under sections 203 and 204;
(5) grants awarded and the use of such grants by eligible
entities to conduct DNA

[[Page S10373]]

research and development programs to improve forensic DNA
technology, and implement demonstration projects under
section 205;
(6) the steps taken to establish the National Forensic
Science Commission, and the activities of the Commission
under section 206;
(7) the use of funds by the Federal Bureau of Investigation
under section 207;
(8) grants awarded and the use of such grants by eligible
entities to promote the use of forensic DNA technology to
identify missing persons and unidentified human remains under
section 208;
(9) grants awarded and the use of such grants by eligible
entities to eliminate forensic science backlogs under the
amendments made by section 211;
(10) State compliance with the requirements set forth in
section 313; and
(11) any other matters considered relevant by the Attorney
General.

TITLE III--INNOCENCE PROTECTION ACT OF 2004

SEC. 301. SHORT TITLE.

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

Subtitle A--Exonerating the Innocent Through DNA Testing

SEC. 311. FEDERAL POST-CONVICTION DNA TESTING.

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

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

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

``Sec. 3600. DNA testing

``(a) In General.--Upon a written motion by an individual
under a sentence of imprisonment or death pursuant to a
conviction for a Federal offense (referred to in this section
as the `applicant'), the court that entered the judgment of
conviction shall order DNA testing of specific evidence if--
``(1) the applicant asserts, under penalty of perjury, that
the applicant is actually innocent of--
``(A) the Federal offense for which the applicant is under
a sentence of imprisonment or death; or
``(B) another Federal or State offense, if--
``(i)(I) such offense was legally necessary to make the
applicant eligible for a sentence as a career offender under
section 3559(c) or an armed career offender under section
924(e), and exoneration of such offense would entitle the
applicant to a reduced sentence; or
``(II) evidence of such offense was admitted during a
Federal death sentencing hearing and exoneration of such
offense would entitle the applicant to a reduced sentence or
new sentencing hearing; and
``(ii) in the case of a State offense--

``(I) the applicant demonstrates that there is no adequate
remedy under State law to permit DNA testing of the specified
evidence relating to the State offense; and
``(II) to the extent available, the applicant has exhausted
all remedies available under State law for requesting DNA
testing of specified evidence relating to the State offense;

``(2) the specific evidence to be tested was secured in
relation to the investigation or prosecution of the Federal
or State offense referenced in the applicant's assertion
under paragraph (1);
``(3) the specific evidence to be tested--
``(A) was not previously subjected to DNA testing and the
applicant did not--
``(i) knowingly and voluntarily waive the right to request
DNA testing of that evidence in a court proceeding after the
date of enactment of the Innocence Protection Act of 2004; or
``(ii) knowingly fail to request DNA testing of that
evidence in a prior motion filed under this section; or
``(B) was previously subjected to DNA testing and the
applicant is requesting DNA testing using a new method or
technology that is substantially more probative than the
prior DNA testing;
``(4) the specific evidence to be tested is in the
possession of the Government and has been subject to a chain
of custody and retained under conditions sufficient to ensure
that such evidence has not been substituted, contaminated,
tampered with, replaced, or altered in any respect material
to the proposed DNA testing;
``(5) the proposed DNA testing is reasonable in scope, uses
scientifically sound methods, and is consistent with accepted
forensic practices;
``(6) the applicant identifies a theory of defense that--
``(A) is not inconsistent with an affirmative defense
presented at trial; and
``(B) would establish the actual innocence of the applicant
of the Federal or State offense referenced in the applicant's
assertion under paragraph (1);
``(7) if the applicant was convicted following a trial, the
identity of the perpetrator was at issue in the trial;
``(8) the proposed DNA testing of the specific evidence--
``(A) would produce new material evidence to support the
theory of defense referenced in paragraph (6); and
``(B) assuming the DNA test result excludes the applicant,
would raise a reasonable probability that the applicant did
not commit the offense;
``(9) the applicant certifies that the applicant will
provide a DNA sample for purposes of comparison; and
``(10) the applicant's motion is filed for the purpose of
demonstrating the applicant's actual innocence of the Federal
or State offense, and not to delay the execution of the
sentence or the administration of justice.
``(b) Notice to the Government; Preservation Order;
Appointment of Counsel.--
``(1) Notice.--Upon the receipt of a motion filed under
subsection (a), the court shall--
``(A) notify the Government; and
``(B) allow the Government a reasonable time period to
respond to the motion.
``(2) Preservation order.--To the extent necessary to carry
out proceedings under this section, the court shall direct
the Government to preserve the specific evidence relating to
a motion under subsection (a).
``(3) Appointment of counsel.--The court may appoint
counsel for an indigent applicant under this section in the
same manner as in a proceeding under section 3006A(a)(2)(B).
``(c) Testing Procedures.--
``(1) In general.--The court shall direct that any DNA
testing ordered under this section be carried out by the
Federal Bureau of Investigation.
``(2) Exception.--Notwithstanding paragraph (1), the court
may order DNA testing by another qualified laboratory if the
court makes all necessary orders to ensure the integrity of
the specific evidence and the reliability of the testing
process and test results.
``(3) Costs.--The costs of any DNA testing ordered under
this section shall be paid--
``(A) by the applicant; or
``(B) in the case of an applicant who is indigent, by the
Government.
``(d) Time Limitation in Capital Cases.--In any case in
which the applicant is sentenced to death--
``(1) any DNA testing ordered under this section shall be
completed not later than 60 days after the date on which the
Government responds to the motion filed under subsection (a);
and
``(2) not later than 120 days after the date on which the
DNA testing ordered under this section is completed, the
court shall order any post-testing procedures under
subsection (f) or (g), as appropriate.
``(e) Reporting of Test Results.--
``(1) In general.--The results of any DNA testing ordered
under this section shall be simultaneously disclosed to the
court, the applicant, and the Government.
``(2) NDIS.--The Government shall submit any test results
relating to the DNA of the applicant to the National DNA
Index System (referred to in this subsection as `NDIS').
``(3) Retention of dna sample.--
``(A) Entry into ndis.--If the DNA test results obtained
under this section are inconclusive or show that the
applicant was the source of the DNA evidence, the DNA sample
of the applicant may be retained in NDIS.
``(B) Match with other offense.--If the DNA test results
obtained under this section exclude the applicant as the
source of the DNA evidence, and a comparison of the DNA
sample of the applicant results in a match between the DNA
sample of the applicant and another offense, the Attorney
General shall notify the appropriate agency and preserve the
DNA sample of the applicant.
``(C) No match.--If the DNA test results obtained under
this section exclude the applicant as the source of the DNA
evidence, and a comparison of the DNA sample of the applicant
does not result in a match between the DNA sample of the
applicant and another offense, the Attorney General shall
destroy the DNA sample of the applicant and ensure that such
information is not retained in NDIS if there is no other
legal authority to retain the DNA sample of the applicant in
NDIS.
``(f) Post-Testing Procedures; Inconclusive and Inculpatory
Results.--
``(1) Inconclusive results.--If DNA test results obtained
under this section are inconclusive, the court may order
further testing, if appropriate, or may deny the applicant
relief.
``(2) Inculpatory results.--If DNA test results obtained
under this section show that the applicant was the source of
the DNA evidence, the court shall--
``(A) deny the applicant relief; and
``(B) on motion of the Government--
``(i) make a determination whether the applicant's
assertion of actual innocence was false, and, if the court
makes such a finding, the court may hold the applicant in
contempt;
``(ii) assess against the applicant the cost of any DNA
testing carried out under this section;
``(iii) forward the finding to the Director of the Bureau
of Prisons, who, upon receipt of such a finding, may deny,
wholly or in part, the good conduct credit authorized under
section 3632 on the basis of that finding;
``(iv) if the applicant is subject to the jurisdiction of
the United States Parole Commission, forward the finding to
the Commission so that the Commission may deny parole on the
basis of that finding; and
``(v) if the DNA test results relate to a State offense,
forward the finding to any appropriate State official.
``(3) Sentence.--In any prosecution of an applicant under
chapter 79 for false assertions or other conduct in
proceedings under this section, the court, upon conviction of
the applicant, shall sentence the applicant to a term of
imprisonment of not less than 3 years, which shall run
consecutively to any

[[Page S10374]]

other term of imprisonment the applicant is serving.
``(g) Post-Testing Procedures; Motion for New Trial or
Resentencing.--
``(1) In general.--Notwithstanding any law that would bar a
motion under this paragraph as untimely, if DNA test results
obtained under this section exclude the applicant as the
source of the DNA evidence, the applicant may file a motion
for a new trial or resentencing, as appropriate. The court
shall establish a reasonable schedule for the applicant to
file such a motion and for the Government to respond to the
motion.
``(2) Standard for granting motion for new trial or
resentencing.--The court shall grant the motion of the
applicant for a new trial or resentencing, as appropriate, if
the DNA test results, when considered with all other evidence
in the case (regardless of whether such evidence was
introduced at trial), establish by a preponderance of the
evidence that a new trial would result in an acquittal of--
``(A) in the case of a motion for a new trial, the Federal
offense for which the applicant is under a sentence of
imprisonment or death; and
``(B) in the case of a motion for resentencing, another
Federal or State offense, if--
``(i) such offense was legally necessary to make the
applicant eligible for a sentence as a career offender under
section 3559(c) or an armed career offender under section
924(e), and exoneration of such offense would entitle the
applicant to a reduced sentence; or
``(ii) evidence of such offense was admitted during a
Federal death sentencing hearing and exoneration of such
offense would entitle the applicant to a reduced sentence or
a new sentencing proceeding.
``(h) Other Laws Unaffected.--
``(1) Post-conviction relief.--Nothing in this section
shall affect the circumstances under which a person may
obtain DNA testing or post-conviction relief under any other
law.
``(2) Habeas corpus.--Nothing in this section shall provide
a basis for relief in any Federal habeas corpus proceeding.
``(3) Not a motion under section 2255.--A motion under this
section shall not be considered to be a motion under section
2255 for purposes of determining whether the motion or any
other motion is a second or successive motion under section
2255.

``Sec. 3600A. Preservation of biological evidence

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

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

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

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

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

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

For each of fiscal years 2005 through 2009, all funds
appropriated to carry out sections 203, 205, 208, and 312
shall be reserved for grants to eligible entities that--
(1) meet the requirements under section 203, 205, 208, or
312, as appropriate; and
(2) demonstrate that the State in which the eligible entity
operates--
(A) provides post-conviction DNA testing of specified
evidence--
(i) under a State statute enacted before the date of
enactment of this Act (or extended or renewed after such
date), to persons convicted after trial and under a sentence
of imprisonment or death for a State felony offense, in a
manner that ensures a reasonable process for resolving claims
of actual innocence; or
(ii) under a State statute enacted after the date of
enactment of this Act, or under a State rule, regulation, or
practice, to persons under a sentence of imprisonment or
death for a State felony offense, in a manner comparable to
section 3600(a) of title 18, United States Code (provided
that the State statute, rule, regulation, or practice may
make post-conviction DNA testing available in cases in which
such testing is not required by such section), and if the
results of such testing exclude the applicant, permits the
applicant to apply for post-conviction relief,
notwithstanding any provision of law that would otherwise bar
such application as untimely; and
(B) preserves biological evidence secured in relation to
the investigation or prosecution of a State offense--
(i) under a State statute or a State or local rule,
regulation, or practice, enacted or adopted before the date
of enactment of this Act (or extended or renewed after such
date), in a manner that ensures that reasonable measures are
taken by all jurisdictions within the State to preserve such
evidence; or
(ii) under a State statute or a State or local rule,
regulation, or practice, enacted or adopted after the date of
enactment of this Act, in a manner comparable to section
3600A of title 18, United States Code, if--

(I) all jurisdictions within the State comply with this
requirement; and
(II) such jurisdictions may preserve such evidence for
longer than the period of time that such evidence would be
required to be preserved under such section 3600A.

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

SEC. 321. CAPITAL REPRESENTATION IMPROVEMENT GRANTS.

(a) In General.--The Attorney General shall award grants to
States for the purpose of improving the quality of legal
representation provided to indigent defendants in State
capital cases.
(b) Defined Term.--In this section, the term ``legal
representation'' means legal

[[Page S10375]]

counsel and investigative, expert, and other services
necessary for competent representation.
(c) Use of Funds.--Grants awarded under subsection (a)--
(1) shall be used to establish, implement, or improve an
effective system for providing competent legal representation
to--
(A) indigents charged with an offense subject to capital
punishment;
(B) indigents who have been sentenced to death and who seek
appellate or collateral relief in State court; and
(C) indigents who have been sentenced to death and who seek
review in the Supreme Court of the United States; and
(2) shall not be used to fund, directly or indirectly,
representation in specific capital cases.
(d) Effective System.--As used in subsection (c)(1), an
effective system for providing competent legal representation
is a system that--
(1) invests the responsibility for appointing qualified
attorneys to represent indigents in capital cases--
(A) in a public defender program that relies on staff
attorneys, members of the private bar, or both, to provide
representation in capital cases;
(B) in an entity established by statute or by the highest
State court with jurisdiction in criminal cases, which is
composed of individuals with demonstrated knowledge and
expertise in capital representation; or
(C) pursuant to a statutory procedure enacted before the
date of the enactment of this Act under which the trial judge
is required to appoint qualified attorneys from a roster
maintained by a State or regional selection committee or
similar entity; and
(2) requires the program described in paragraph (1)(A), the
entity described in paragraph (1)(B), or an appropriate
entity designated pursuant to the statutory procedure
described in paragraph (1)(C), as applicable, to--
(A) establish qualifications for attorneys who may be
appointed to represent indigents in capital cases;
(B) establish and maintain a roster of qualified attorneys;
(C) except in the case of a selection committee or similar
entity described in paragraph (1)(C), assign 2 attorneys from
the roster to represent an indigent in a capital case, or
provide the trial judge a list of not more than 2 pairs of
attorneys from the roster, from which 1 pair shall be
assigned, provided that, in any case in which the State
elects not to seek the death penalty, a court may find,
subject to any requirement of State law, that a second
attorney need not remain assigned to represent the indigent
to ensure competent representation;
(D) conduct, sponsor, or approve specialized training
programs for attorneys representing defendants in capital
cases;
(E) monitor the performance of attorneys who are appointed
and their attendance at training programs, and remove from
the roster attorneys who fail to deliver effective
representation or who fail to comply with such requirements
as such program, entity, or selection committee or similar
entity may establish regarding participation in training
programs; and
(F) ensure funding for the cost of competent legal
representation by the defense team and outside experts
selected by counsel, who shall be compensated--
(i) in the case of a State that employs a statutory
procedure described in paragraph (1)(C), in accordance with
the requirements of that statutory procedure; and
(ii) in all other cases, as follows:

(I) Attorneys employed by a public defender program shall
be compensated according to a salary scale that is
commensurate with the salary scale of the prosecutor's office
in the jurisdiction.
(II) Appointed attorneys shall be compensated for actual
time and service, computed on an hourly basis and at a
reasonable hourly rate in light of the qualifications and
experience of the attorney and the local market for legal
representation in cases reflecting the complexity and
responsibility of capital cases.
(III) Non-attorney members of the defense team, including
investigators, mitigation specialists, and experts, shall be
compensated at a rate that reflects the specialized skills
needed by those who assist counsel with the litigation of
death penalty cases.
(IV) Attorney and non-attorney members of the defense team
shall be reimbursed for reasonable incidental expenses.

SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS.

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

SEC. 323. APPLICATIONS.

(a) In General.--The Attorney General shall establish a
process through which a State may apply for a grant under
this subtitle.
(b) Application.--
(1) In general.--A State desiring a grant under this
subtitle shall submit an application to the Attorney General
at such time, in such manner, and containing such information
as the Attorney General may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall contain--
(A) a certification by an appropriate officer of the State
that the State authorizes capital punishment under its laws
and conducts, or will conduct, prosecutions in which capital
punishment is sought;
(B) a description of the communities to be served by the
grant, including the nature of existing capital defender
services and capital prosecution programs within such
communities;
(C) a long-term statewide strategy and detailed
implementation plan that--
(i) reflects consultation with the judiciary, the organized
bar, and State and local prosecutor and defender
organizations; and
(ii) establishes as a priority improvement in the quality
of trial-level representation of indigents charged with
capital crimes and trial-level prosecution of capital crimes;
(D) in the case of a State that employs a statutory
procedure described in section 321(d)(1)(C), a certification
by an appropriate officer of the State that the State is in
substantial compliance with the requirements of the
applicable State statute; and
(E) assurances that Federal funds received under this
subtitle shall be--
(i) used to supplement and not supplant non-Federal funds
that would otherwise be available for activities funded under
this subtitle; and
(ii) allocated in accordance with section 326(b).

SEC. 324. STATE REPORTS.

(a) In General.--Each State receiving funds under this
subtitle shall submit an annual report to the Attorney
General that--
(1) identifies the activities carried out with such funds;
and
(2) explains how each activity complies with the terms and
conditions of the grant.
(b) Capital Representation Improvement Grants.--With
respect to the funds provided under section 321, a report
under subsection (a) shall include--
(1) an accounting of all amounts expended;
(2) an explanation of the means by which the State--
(A) invests the responsibility for identifying and
appointing qualified attorneys to represent indigents in
capital cases in a program described in section 321(d)(1)(A),
an entity described in section 321(d)(1)(B), or a selection
committee or similar entity described in section
321(d)(1)(C); and
(B) requires such program, entity, or selection committee
or similar entity, or other appropriate entity designated
pursuant to the statutory procedure described in section
321(d)(1)(C), to--
(i) establish qualifications for attorneys who may be
appointed to represent indigents in capital cases in
accordance with section 321(d)(2)(A);
(ii) establish and maintain a roster of qualified attorneys
in accordance with section 321(d)(2)(B);
(iii) assign attorneys from the roster in accordance with
section 321(d)(2)(C);
(iv) conduct, sponsor, or approve specialized training
programs for attorneys representing defendants in capital
cases in accordance with section 321(d)(2)(D);
(v) monitor the performance and training program attendance
of appointed attorneys, and remove from the roster attorneys
who fail to deliver effective representation or fail to
comply with such requirements as such program, entity, or
selection committee or similar entity may establish regarding
participation in training programs, in accordance with
section 321(d)(2)(E); and
(vi) ensure funding for the cost of competent legal
representation by the defense team and outside experts
selected by counsel, in accordance with section 321(d)(2)(F),
including a statement setting forth--

(I) if the State employs a public defender program under
section 321(d)(1)(A), the salaries received by the attorneys
employed by such program and the salaries received by
attorneys in the prosecutor's office in the jurisdiction;
(II) if the State employs appointed attorneys under section
321(d)(1)(B), the hourly fees received by such attorneys for
actual time and service and the basis on which the hourly
rate was calculated;
(III) the amounts paid to non-attorney members of the
defense team, and the basis

[[Page S10376]]

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

(3) in the case of a State that employs a statutory
procedure described in section 321(d)(1)(C), an assessment of
the extent to which the State is in compliance with the
requirements of the applicable State statute; and
(4) a statement confirming that the funds have not been
used to fund representation in specific capital cases or to
supplant non-Federal funds.
(c) Capital Prosecution Improvement Grants.--With respect
to the funds provided under section 322, a report under
subsection (a) shall include--
(1) an accounting of all amounts expended;
(2) a description of the means by which the State has--
(A) designed and established training programs for State
and local prosecutors to ensure effective representation in
State capital cases in accordance with section 322(b)(1)(A);
(B) developed and implemented appropriate standards and
qualifications for State and local prosecutors who litigate
State capital cases in accordance with section 322(b)(1)(B);
(C) assessed the performance of State and local prosecutors
who litigate State capital cases in accordance with section
322(b)(1)(C);
(D) identified and implemented any potential legal reforms
that may be appropriate to minimize the potential for error
in the trial of capital cases in accordance with section
322(b)(1)(D);
(E) established a program under which State and local
prosecutors conduct a systematic review of cases in which a
death sentence was imposed in order to identify cases in
which post-conviction DNA testing may be appropriate in
accordance with section 322(b)(1)(E); and
(F) provided support and assistance to the families of
murder victims; and
(3) a statement confirming that the funds have not been
used to fund the prosecution of specific capital cases or to
supplant non-Federal funds.
(d) Public Disclosure of Annual State Reports.--The annual
reports to the Attorney General submitted by any State under
this section shall be made available to the public.

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

(a) Evaluation by Inspector General.--
(1) In general.--As soon as practicable after the end of
the first fiscal year for which a State receives funds under
a grant made under this title, the Inspector General of the
Department of Justice (in this section referred to as the
``Inspector General'') shall--
(A) after affording an opportunity for any person to
provide comments on a report submitted under section 324,
submit to Congress a report evaluating the compliance by the
State with the terms and conditions of the grant; and
(B) if the Inspector General concludes that the State is
not in compliance with the terms and conditions of the grant,
specify any deficiencies and make recommendations for
corrective action.
(2) Priority.--In conducting evaluations under this
subsection, the Inspector General shall give priority to
States that the Inspector General determines, based on
information submitted by the State and other comments
provided by any other person, to be at the highest risk of
noncompliance.
(3) Determination for statutory procedure states.--For each
State that employs a statutory procedure described in section
321(d)(1)(C), the Inspector General shall submit to Congress,
not later than the end of the first fiscal year for which
such State receives funds, after affording an opportunity for
any person to provide comments on a certification submitted
under section 323(b)(2)(D), a determination as to whether the
State is in substantial compliance with the requirements of
the applicable State statute.
(b) Administrative Review.--
(1) Comment.--Upon the submission of a report under
subsection (a)(1) or a determination under subsection (a)(3),
the Attorney General shall provide the State with an
opportunity to comment regarding the findings and conclusions
of the report or the determination.
(2) Corrective action plan.--If the Attorney General, after
reviewing a report under subsection (a)(1) or a determination
under subsection (a)(3), determines that a State is not in
compliance with the terms and conditions of the grant, the
Attorney General shall consult with the appropriate State
authorities to enter into a plan for corrective action. If
the State does not agree to a plan for corrective action that
has been approved by the Attorney General within 90 days
after the submission of the report under subsection (a)(1) or
the determination under subsection (a)(3), the Attorney
General shall, within 30 days, direct the State to take
corrective action to bring the State into compliance.
(3) Report to congress.--Not later than 90 days after the
earlier of the implementation of a corrective action plan or
a directive to implement such a plan under paragraph (2), the
Attorney General shall submit a report to Congress as to
whether the State has taken corrective action and is in
compliance with the terms and conditions of the grant.
(c) Penalties for Noncompliance.--If the State fails to
take the prescribed corrective action under subsection (b)
and is not in compliance with the terms and conditions of the
grant, the Attorney General shall discontinue all further
funding under sections 321 and 322 and require the State to
return the funds granted under such sections for that fiscal
year. Nothing in this paragraph shall prevent a State which
has been subject to penalties for noncompliance from
reapplying for a grant under this subtitle in another fiscal
year.
(d) Periodic Reports.--During the grant period, the
Inspector General shall periodically review the compliance of
each State with the terms and conditions of the grant.
(e) Administrative Costs.--Not less than 2.5 percent of the
funds appropriated to carry out this subtitle for each of
fiscal years 2005 through 2009 shall be made available to the
Inspector General for purposes of carrying out this section.
Such sums shall remain available until expended.
(f) Special Rule for ``Statutory Procedure'' States Not in
Substantial Compliance With Statutory Procedures.--
(1) In general.--In the case of a State that employs a
statutory procedure described in section 321(d)(1)(C), if the
Inspector General submits a determination under subsection
(a)(3) that the State is not in substantial compliance with
the requirements of the applicable State statute, then for
the period beginning with the date on which that
determination was submitted and ending on the date on which
the Inspector General determines that the State is in
substantial compliance with the requirements of that statute,
the funds awarded under this subtitle shall be allocated
solely for the uses described in section 321.
(2) Rule of construction.--The requirements of this
subsection apply in addition to, and not instead of, the
other requirements of this section.

SEC. 326. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization for Grants.--There are authorized to be
appropriated $100,000,000 for each of fiscal years 2005
through 2009 to carry out this subtitle.
(b) Restriction on Use of Funds To Ensure Equal
Allocation.--Each State receiving a grant under this subtitle
shall allocate the funds equally between the uses described
in section 321 and the uses described in section 322, except
as provided in section 325(f).

Subtitle C--Compensation for the Wrongfully Convicted

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

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

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

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

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

On page 170, between lines 8 and 9, insert the following:
(i) Protections for Human Research Subjects.--The Secretary
of Homeland Security shall ensure that the Department of
Homeland Security complies with the protections for human
research subjects, as described in part 46 of title 45, Code
of Federal Regulations, or in equivalent regulations as
promulgated by such Secretary, with respect to research that
is conducted or supported by such Department.
______

SA 3953. Mr. GRAHAM of Florida submitted an amendment intended to be
proposed to amendment SA 3941 submitted by Mr. Graham of Florida and
intended to be proposed to the bill S. 2845, to reform the intelligence
community and the intelligence and intelligence-related activities of
the United States Government, and for other purposes; which was ordered
to lie on the table; as follows:

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

SEC. __. TREATMENT OF FOREIGN STATES.

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

[[Page S10377]]

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

SA 3954. Ms. COLLINS (for Mr. Lott) submitted an amendment intended
to be proposed by Ms. Collins to the bill H.R. 5122, to amend the
Congressional Accountability Act of 1995 to permit members of the Board
of Directors of the Office of Compliance to serve for 2 terms; as
follows:

On page 2, line 11, strike ``the date of the enactment of
this Act'' and insert ``September 30, 2004''.
______

SA 3955. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2845, to reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

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

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

SA 3956. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2845, to reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes; which was ordered to lie on the
table; as follows:
In lieu of the matter proposed, insert the following:

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

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

____________________