[106th Congress Public Law 561]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ561.106]
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Public Law 106-561
106th Congress
An Act
To improve the quality, timeliness, and credibility of forensic science
services for criminal justice purposes, and for other
purposes. <<NOTE: Dec. 21, 2000 - [S. 3045]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Paul Coverdell National
Forensic Sciences Improvement Act of 2000.>> assembled,
SECTION 1. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.
This Act may be cited as the ``Paul Coverdell National Forensic
Sciences Improvement Act of 2000''.
SEC. 2. IMPROVING THE QUALITY, TIMELINESS, AND CREDIBILITY OF
FORENSIC SCIENCE SERVICES FOR CRIMINAL JUSTICE
PURPOSES.
(a) Description of Drug Control and System Improvement Grant
Program.--Section 501(b) of title I of the Omnibus Crime Control and
Safe Streets Act of <<NOTE: 42 USC 3751.>> 1968 (42 U.S.C. 375(b)) is
amended--
(1) in paragraph (25), by striking ``and'' at the end;
(2) in paragraph (26), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(27) improving the quality, timeliness, and credibility of
forensic science services for criminal justice purposes.''.
(b) State Applications.--Section 503(a) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3753(a)) is
amended by adding at the end the following:
``(13) If any part of the amount received from a grant under this
part is to be used to improve the quality, timeliness, and credibility
of forensic science services for criminal justice purposes, a
certification that, as of the date of enactment of this paragraph, the
State, or unit of local government within the State, has an
established--
``(A) forensic science laboratory or forensic science
laboratory system, that--
``(i) employs 1 or more full-time scientists--
``(I) whose principal duties are the
examination of physical evidence for law
enforcement agencies in criminal matters; and
``(II) who provide testimony with respect to
such physical evidence to the criminal justice
system;
``(ii) employs generally accepted practices and
procedures, as established by appropriate accrediting
organizations; and
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``(iii) <<NOTE: Deadline.>> is accredited by the
Laboratory Accreditation Board of the American Society
of Crime Laboratory Directors or the National
Association of Medical Examiners, or will use a portion
of the grant amount to prepare and apply for such
accreditation by not later than 2 years after the date
on which a grant is initially awarded under this
paragraph; or
``(B) medical examiner's office (as defined by the National
Association of Medical Examiners) that--
``(i) employs generally accepted practices and
procedures, as established by appropriate accrediting
organizations; and
``(ii) <<NOTE: Deadline.>> is accredited by the
Laboratory Accreditation Board of the American Society
of Crime Laboratory Directors or the National
Association of Medical Examiners, or will use a portion
of the grant amount to prepare and apply for such
accreditation by not later than 2 years after the date
on which a grant is initially awarded under this
paragraph.''.
(c) Paul Coverdell Forensic Sciences Improvement Grants.--
(1) In general.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by
adding at the end the following:
``PART BB--PAUL COVERDELL FORENSIC SCIENCES IMPROVEMENT GRANTS
``SEC. 2801. <<NOTE: 42 USC 3797j.>> GRANT AUTHORIZATION.
``The Attorney General shall award grants to States in accordance
with this part.
``SEC. 2802. <<NOTE: 42 USC 3797k.>> APPLICATIONS.
``To request a grant under this part, a State shall submit to the
Attorney General--
``(1) a certification that the State has developed a
consolidated State plan for forensic science laboratories
operated by the State or by other units of local government
within the State under a program described in section 2804(a),
and a specific description of the manner in which the grant will
be used to carry out that plan;
``(2) a certification that any forensic science laboratory
system, medical examiner's office, or coroner's office in the
State, including any laboratory operated by a unit of local
government within the State, that will receive any portion of
the grant amount uses generally accepted laboratory practices
and procedures, established by accrediting organizations; and
``(3) a specific description of any new facility to be
constructed as part of the program described in paragraph (1),
and the estimated costs of that facility, and a certification
that the amount of the grant used for the costs of the facility
will not exceed the limitations set forth in section 2804(c).
``SEC. 2803. <<NOTE: 42 USC 3797l.>> ALLOCATION.
``(a) In General.--
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``(1) Population allocation.--Seventy-five percent of the
amount made available to carry out this part in each fiscal year
shall be allocated to each State that meets the requirements of
section 2802 so that each State shall receive an amount that
bears the same ratio to the 75 percent of the total amount made
available to carry out this part for that fiscal year as the
population of the State bears to the population of all States.
``(2) Discretionary allocation.--Twenty-five percent of the
amount made available to carry out this part in each fiscal year
shall be allocated pursuant to the Attorney General's discretion
to States with above average rates of part 1 violent crimes
based on the average annual number of part 1 violent crimes
reported by such State to the Federal Bureau of Investigation
for the 3 most recent calendar years for which such data is
available.
``(3) Minimum requirement.--Each State shall receive not
less than 0.6 percent of the amount made available to carry out
this part in each fiscal year.
``(4) Proportional reduction.--If the amounts available to
carry out this part in each fiscal year are insufficient to pay
in full the total payment that any State is otherwise eligible
to receive under paragraph (3), then the Attorney General shall
reduce payments under paragraph (1) for such payment period to
the extent of such insufficiency. Reductions under the preceding
sentence shall be allocated among the States (other than States
whose payment is determined under paragraph (3)) in the same
proportions as amounts would be allocated under paragraph (1)
without regard to paragraph (3).
``(b) State Defined.--In this section, the term `State' means each
of the several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, except that--
``(1) for purposes of the allocation under this section,
American Samoa and the Commonwealth of the Northern Mariana
Islands shall be considered as 1 State; and
``(2) for purposes of paragraph (1), 67 percent of the
amount allocated shall be allocated to American Samoa, and 33
percent shall be allocated to the Commonwealth of the Northern
Mariana Islands.
``SEC. 2804. <<NOTE: 42 USC 3797m.>> USE OF GRANTS.
``(a) In General.--A State that receives a grant under this part
shall use the grant to carry out all or a substantial part of a program
intended to improve the quality and timeliness of forensic science or
medical examiner services in the State, including such services provided
by the laboratories operated by the State and those operated by units of
local government within the State.
``(b) Permitted Categories of Funding.--Subject to subsections (c)
and (d), a grant awarded under this part--
``(1) may only be used for program expenses relating to
facilities, personnel, computerization, equipment, supplies,
accreditation and certification, education, and training; and
``(2) may not be used for any general law enforcement or
nonforensic investigatory function.
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``(c) Facilities Costs.--
``(1) States receiving minimum grant amount.--With respect
to a State that receives a grant under this part in an amount
that does not exceed 0.6 percent of the total amount made
available to carry out this part for a fiscal year, not more
than 80 percent of the total amount of the grant may be used for
the costs of any new facility constructed as part of a program
described in subsection (a).
``(2) Other states.--With respect to a State that receives a
grant under this part in an amount that exceeds 0.6 percent of
the total amount made available to carry out this part for a
fiscal year--
``(A) not more than 80 percent of the amount of the
grant up to that 0.6 percent may be used for the costs
of any new facility constructed as part of a program
described in subsection (a); and
``(B) not more than 40 percent of the amount of the
grant in excess of that 0.6 percent may be used for the
costs of any new facility constructed as part of a
program described in subsection (a).
``(d) Administrative Costs.--Not more than 10 percent of the total
amount of a grant awarded under this part may be used for administrative
expenses.
``SEC. 2805. <<NOTE: 42 USC 3797n.>> ADMINISTRATIVE PROVISIONS.
``(a) Regulations.--The Attorney General may promulgate such
guidelines, regulations, and procedures as may be necessary to carry out
this part, including guidelines, regulations, and procedures relating to
the submission and review of applications for grants under section 2802.
``(b) Expenditure Records.--
``(1) Records.--Each State, or unit of local government
within the State, that receives a grant under this part shall
maintain such records as the Attorney General may require to
facilitate an effective audit relating to the receipt of the
grant, or the use of the grant amount.
``(2) Access.--The Attorney General and the Comptroller
General of the United States, or a designee thereof, shall have
access, for the purpose of audit and examination, to any book,
document, or record of a State, or unit of local government
within the State, that receives a grant under this part, if, in
the determination of the Attorney General, Comptroller General,
or designee thereof, the book, document, or record is related to
the receipt of the grant, or the use of the grant amount.
``SEC. 2806. <<NOTE: 42 USC 3797o.>> REPORTS.
``(a) Reports to Attorney General.--For each fiscal year for which a
grant is awarded under this part, each State that receives such a grant
shall submit to the Attorney General a report, at such time and in such
manner as the Attorney General may reasonably require, which report
shall include--
``(1) a summary and assessment of the program carried out
with the grant;
``(2) the average number of days between submission of a
sample to a forensic science laboratory or forensic science
laboratory system in that State operated by the State or by
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a unit of local government and the delivery of test results to
the requesting office or agency; and
``(3) such other information as the Attorney General may
require.
``(b) Reports to Congress.--Not <<NOTE: Deadline.>> later than 90
days after the last day of each fiscal year for which 1 or more grants
are awarded under this part, the Attorney General shall submit to the
Speaker of the House of Representatives and the President pro tempore of
the Senate, a report, which shall include--
``(1) the aggregate amount of grants awarded under this part
for that fiscal year; and
``(2) a summary of the information provided under subsection
(a).''.
(2) Authorization of appropriations.--
(A) In general.--Section 1001(a) of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3753(a)) <<NOTE: 42 USC 3793.>> is amended by
adding at the end the following:
``(24) There are authorized to be appropriated to carry out
part BB, to remain available until expended--
``(A) $35,000,000 for fiscal year 2001;
``(B) $85,400,000 for fiscal year 2002;
``(C) $134,733,000 for fiscal year 2003;
``(D) $128,067,000 for fiscal year 2004;
``(E) $56,733,000 for fiscal year 2005; and
``(F) $42,067,000 for fiscal year 2006.''.
(B) Backlog elimination.--There is authorized to be
appropriated $30,000,000 for fiscal year 2001 for the
elimination of DNA convicted offender database sample
backlogs and for other related purposes, as provided in
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
2001.
(3) Table of contents.--Title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by striking the table of contents.
(4) Repeal of 20 percent floor for cita crime lab grants.--
Section 102(e)(2) of the Crime Identification Technology Act of
1998 (42 U.S.C. 14601(e)(2)) is amended--
(A) in subparagraph (B), by adding ``and'' at the
end; and
(B) by striking subparagraph (C) and redesignating
subparagraph (D) as subparagraph (C).
SEC. 3. CLARIFICATION REGARDING CERTAIN CLAIMS.
(a) In General.--Section 983(a)(2)(C)(ii) of title 18, United States
Code, is amended by striking ``(and provide customary documentary
evidence of such interest if available) and state that the claim is not
frivolous''.
(b) Effective Date.--The <<NOTE: 18 USC 983 note.>> amendment made
by this section shall take effect as if included in the amendment made
by section 2(a) of Public Law 106-185.
SEC. 4. <<NOTE: 42 USC 14135 note.>> SENSE OF CONGRESS REGARDING
THE OBLIGATION OF GRANTEE STATES TO ENSURE
ACCESS TO POST-CONVICTION DNA TESTING AND
COMPETENT COUNSEL IN CAPITAL CASES.
(a) Findings.--Congress finds that--
(1) over the past decade, deoxyribonucleic acid testing
(referred to in this section as ``DNA testing'') has emerged
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as the most reliable forensic technique for identifying
criminals when biological material is left at a crime scene;
(2) because of its scientific precision, DNA testing can, in
some cases, conclusively establish the guilt or innocence of a
criminal defendant;
(3) in other cases, DNA testing may not conclusively
establish guilt or innocence, but may have significant probative
value to a finder of fact;
(4) DNA testing was not widely available in cases tried
prior to 1994;
(5) new forensic DNA testing procedures have made it
possible to get results from minute samples that could not
previously be tested, and to obtain more informative and
accurate results than earlier forms of forensic DNA testing
could produce, resulting in some cases of convicted inmates
being exonerated by new DNA tests after earlier tests had failed
to produce definitive results;
(6) DNA testing can and has resulted in the post-conviction
exoneration of more than 75 innocent men and women, including
some under sentence of death;
(7) in more than a dozen cases, post-conviction DNA testing
that has exonerated an innocent person has also enhanced public
safety by providing evidence that led to the apprehension of the
actual perpetrator;
(8) experience has shown that it is not unduly burdensome to
make DNA testing available to inmates in appropriate cases;
(9) under current Federal and State law, it is difficult to
obtain post-conviction DNA testing because of time limits on
introducing newly discovered evidence;
(10) the National Commission on the Future of DNA Evidence,
a Federal panel established by the Department of Justice and
comprised of law enforcement, judicial, and scientific experts,
has urged that post-conviction DNA testing be permitted in the
relatively small number of cases in which it is appropriate,
notwithstanding procedural rules that could be invoked to
preclude such testing, and notwithstanding the inability of an
inmate to pay for the testing;
(11) only a few States have adopted post-conviction DNA
testing procedures;
(12) States have received millions of dollars in DNA-related
grants, and more funding is needed to improve State forensic
facilities and to reduce the nationwide backlog of DNA samples
from convicted offenders and crime scenes that need to be tested
or retested using upgraded methods;
(13) States that accept such financial assistance should not
deny the promise of truth and justice for both sides of our
adversarial system that DNA testing offers;
(14) post-conviction DNA testing and other post-conviction
investigative techniques have shown that innocent people have
been sentenced to death in this country;
(15) a constitutional error in capital cases is incompetent
defense lawyers who fail to present important evidence that the
defendant may have been innocent or does not deserve to be
sentenced to death; and
(16) providing quality representation to defendants facing
loss of liberty or life is essential to fundamental due process
and the speedy final resolution of judicial proceedings.
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(b) Sense of Congress.--It is the sense of Congress that--
(1) Congress should condition forensic science-related
grants to a State or State forensic facility on the State's
agreement to ensure post-conviction DNA testing in appropriate
cases; and
(2) Congress should work with the States to improve the
quality of legal representation in capital cases through the
establishment of standards that will assure the timely
appointment of competent counsel with adequate resources to
represent defendants in capital cases at each stage of the
proceedings.
Approved December 21, 2000.
LEGISLATIVE HISTORY--S. 3045:
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CONGRESSIONAL RECORD, Vol. 146 (2000):
Oct. 26, considered and passed Senate.
Dec. 7, considered and passed House.
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