sive 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 sec-
tion exclude the applicant as the source of the 
DNA evidence, and a comparison of the DNA 
sample of the applicant results in a match be-
tween the DNA sample of the applicant and an-
other 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 appli-
cant 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 re-
sults 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 re-
sults obtained under this section show that the ap-
plicant 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 inno-
cence was false, and, if the court makes 
such a finding, the court may hold the ap-
plicant in contempt; 
‘‘(ii) assess against the applicant the 
cost of any DNA testing carried out under 
this section; 
‘‘(iii) forward the finding to the Direc-
tor of the Bureau of Prisons, who, upon 
receipt of such a finding, may deny, wholly 
or in part, the good conduct credit author-
ized 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 ap-
plicant under chapter 79 for false assertions or other 
conduct in proceedings under this section, the court, 
upon conviction of the applicant, shall sentence the 
applicant to a term of imprisonment of not less than 
3 years, which shall run consecutively to any other 
term of imprisonment the applicant is serving. 
‘‘(g) POST-TESTING
PROCEDURES; MOTION
FOR 
NEW TRIAL OR RESENTENCING.— 
‘‘(1) IN GENERAL.—Notwithstanding any law 
that would bar a motion under this paragraph as 
untimely, if DNA test results obtained under this 
section exclude the applicant as the source of the 
DNA evidence, the applicant may file a motion for 
a new trial or resentencing, as appropriate. The 
court shall establish a reasonable schedule for the
applicant to file such a motion and for the Govern-
ment 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 re-
sults, when considered with all other evidence in the 
case (regardless of whether such evidence was intro-
duced 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 appli-
cant is under a sentence of imprisonment or 
death; and 
‘‘(B) in the case of a motion for resen-
tencing, another Federal or State offense, if— 
‘‘(i) such offense was legally necessary 
to make the applicant eligible for a sen-
tence as a career offender under section 
3559(e) or an armed career offender under 
section 924(e), and exoneration of such of-
fense would entitle the applicant to a re-
duced sentence; or
‘‘(ii) evidence of such offense was ad-
mitted 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-con-
viction relief under any other law. 
‘‘(2) HABEAS CORPUS.—Nothing in this section 
shall provide a basis for relief in any Federal habeas 
corpus proceeding. 
‘‘(3) APPLICATION NOT A MOTION.—An appli-
cation under this section shall not be considered to 
be a motion under section 2255 for purposes of de-
termining whether the application or any other mo-
tion is a second or successive motion under section 
2255. 
‘‘§ 3600A. Preservation of biological evidence 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, the Government shall preserve biological evi-
dence 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 de-
fendant under section 3600, and no appeal is pend-
ing; 
‘‘(2) the defendant knowingly and voluntarily 
waived the right to request DNA testing of such evi-
dence 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; or 
‘‘(4)(A) the evidence must be returned to its 
rightful owner, or is of such a size, bulk, or physical 
character as to render retention impracticable; and
‘‘(B) the Government takes reasonable meas-
ures to remove and preserve portions of the material 
evidence sufficient to permit future DNA testing. 
‘‘(d) OTHER PRESERVATION REQUIREMENT.—Noth-
ing 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 pre-
served. 
‘‘(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 appro-
priate 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 sub-
jected 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 anal-
ysis 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 es-
tablished under paragraph (1), the Federal courts 
shall provide to the Attorney General any requested 
assistance in operating such a system and in ensur-
ing the accuracy and completeness of information in-
cluded in that system. 
(3) REPORT.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General 
shall submit a report to Congress that contains— 
(A) a list of motions filed under section 
3600 of title 18, United States Code, as added 
by this Act; 
(B) whether DNA testing was ordered pur-
suant 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 re-
quired to be submitted under paragraph (3) may in-
clude any other information the Attorney General 
determines to be relevant in assessing the operation, 
utility, or costs of section 3600 of title 18, United 
States Code, as added by this Act, and any rec-
ommendations the Attorney General may have relat-
ing to future legislative action concerning that sec-
tion. 
(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 en-
actment. 
SEC. 412. KIRK BLOODSWORTH POST-CONVICTION DNA 
TESTING GRANT PROGRAM. 
(a) IN GENERAL.—The Attorney General shall estab-
lish the Kirk Bloodsworth Post-Conviction DNA Testing 
Grant Program to award grants to States to help defray 
the costs of post-conviction DNA testing.
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $5,000,000 for each of 
fiscal years 2005 through 2009 to carry out this section. 
(c) STATE DEFINED.—For purposes of this section, 
the term ‘‘State’’ means a State of the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, 
the United States Virgin Islands, American Samoa, 
Guam, and the Northern Mariana Islands. 
SEC. 413. INCENTIVE GRANTS TO STATES TO ENSURE CON-
SIDERATION OF CLAIMS OF ACTUAL INNO-
CENCE. 
For each of fiscal years 2005 through 2009, all funds 
appropriated to carry out sections 303, 305, 307, and 412 
shall be reserved for grants to eligible entities that— 
(1) meet the requirements under section 303, 
305, 307, or 412, as appropriate; and 
(2) demonstrate that the State in which the eli-
gible entity operates— 
(A) provides post-conviction DNA testing 
of specified evidence— 
(i) under a State statute enacted be-
fore the date of enactment of this Act (or 
extended or renewed after such date), to 
any person convicted after trial and under 
a sentence of imprisonment or death for a
State offense, in a manner that ensures a 
meaningful process for resolving a claim of 
actual innocence; or 
(ii) under a State statute enacted 
after the date of enactment of this Act, or 
under a State rule, regulation, or practice, 
to any person under a sentence of impris-
onment or death for a State offense, in a 
manner comparable to section 3600(a) of 
title 18, United States Code (provided that 
the State statute, rule, regulation, or prac-
tice may make post-conviction DNA test-
ing available in cases in which such testing 
is not required by such section), and if the 
results of such testing exclude the appli-
cant, 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 juris-
dictions within the State to preserve such 
evidence; or 
(ii) under a State statute or a State 
or local rule, regulation, or practice, en-
acted or adopted after the date of enact-
ment 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 pre-
serve such evidence for longer than 
the period of time that such evidence 
would be required to be preserved 
under such section 3600A.
(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 indi-
rectly, 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 re-
lies on staff attorneys, members of the private 
bar, or both, to provide representation in cap-
ital 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 en-
acted before the date of the enactment of this 
Act under which the trial judge is required to 
appoint qualified attorneys from a roster main-
tained by a State or regional selection com-
mittee or similar entity; and 
(2) requires the program described in para-
graph (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 com-
mittee or similar entity described in paragraph 
(1)(C), assign 2 attorneys from the roster to 
represent an indigent in a capital case, or pro-
vide 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 attor-
ney need not remain assigned to represent the 
indigent to ensure competent representation;
(D) conduct, sponsor, or approve special-
ized training programs for attorneys rep-
resenting 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 represen-
tation or who fail to comply with such require-
ments as such program, entity, or selection 
committee or similar entity may establish re-
garding participation in training programs; and 
(F) ensure funding for the full cost of 
competent legal representation by the defense 
team and outside experts selected by counsel, 
who shall be compensated— 
(i) in the case of a State that employs 
a statutory procedure described in para-
graph (1)(C), in accordance with the re-
quirements of that statutory procedure; 
and 
(ii) in all other cases, as follows: 
(I) Attorneys employed by a pub-
lic defender program shall be com-
pensated 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 serv-
ice, 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 investiga-
tors, mitigation specialists, and ex-
perts, shall be compensated at a rate 
that reflects the specialized skills 
needed by those who assist counsel 
with the litigation of death penalty 
cases. 
(IV) Attorney and non-attorney 
members of the defense team shall be 
reimbursed for reasonable incidental 
expenses.
SEC. 422. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 
(a) IN GENERAL.—The Attorney General shall award 
grants to States for the purpose of enhancing the ability 
of prosecutors to effectively represent the public in State 
capital cases. 
(b) USE OF FUNDS.— 
(1) PERMITTED USES.—Grants awarded under 
subsection (a) shall be used for one or more of the 
following: 
(A) To design and implement training pro-
grams 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 poten-
tial 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 system-
atic review of cases in which a death sentence 
was imposed in order to identify cases in which 
post-conviction DNA testing may be appro-
priate. 
(F) To provide support and assistance to 
the families of murder victims. 
(2) PROHIBITED USE.—Grants awarded under 
subsection (a) shall not be used to fund, directly or 
indirectly, the prosecution of specific capital cases. 
SEC. 423. APPLICATIONS. 
(a) IN GENERAL.—The Attorney General shall estab-
lish 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 offi-
cer of the State that the State authorizes cap-
ital punishment under its laws and conducts, or
will conduct, prosecutions in which capital pun-
ishment is sought; 
(B) a description of the communities to be 
served by the grant, including the nature of ex-
isting capital defender services and capital pros-
ecution programs within such communities; 
(C) a long-term statewide strategy and de-
tailed implementation plan that— 
(i) reflects consultation with the judi-
ciary, the organized bar, and State and 
local prosecutor and defender organiza-
tions; and 
(ii) establishes as a priority improve-
ment in the quality of trial-level represen-
tation of indigents charged with capital 
crimes and trial-level prosecution of capital 
crimes; 
(D) in the case of a State that employs a 
statutory 
procedure 
described 
in 
section 
421(d)(1)(C), a certification by an appropriate 
officer of the State that the State is in substan-
tial compliance with the requirements of the ap-
plicable State statute; and 
(E) assurances that Federal funds received 
under this subtitle shall be—
(i) used to supplement and not sup-
plant non-Federal funds that would other-
wise be available for activities funded 
under this subtitle; and 
(ii) allocated in accordance with sec-
tion 426(b). 
SEC. 424. STATE REPORTS. 
(a) IN GENERAL.—Each State receiving funds under 
this subtitle shall submit an annual report to the Attorney 
General that— 
(1) identifies the activities carried out with such 
funds; and 
(2) explains how each activity complies with the 
terms and conditions of the grant. 
(b) 
CAPITAL
REPRESENTATION
IMPROVEMENT 
GRANTS.—With respect to the funds provided under sec-
tion 421, a report under subsection (a) shall include— 
(1) an accounting of all amounts expended; 
(2) an explanation of the means by which the 
State— 
(A) invests the responsibility for identi-
fying and appointing qualified attorneys to rep-
resent indigents in capital cases in a program 
described in section 421(d)(1)(A), an entity de-
scribed in section 421(d)(1)(B), or selection
committee or similar entity described in section 
421(d)(1)(C); and 
(B) requires such program, entity, or selec-
tion committee or similar entity, or other appro-
priate entity designated pursuant to the statu-
tory 
procedure 
described 
in 
section 
421(d)(1)(C), to— 
(i) establish qualifications for attor-
neys who may be appointed to represent 
indigents in capital cases in accordance 
with section 421(d)(2)(A); 
(ii) establish and maintain a roster of 
qualified attorneys in accordance with sec-
tion 421(d)(2)(B); 
(iii) assign attorneys from the roster 
in accordance with section 421(d)(2)(C); 
(iv) conduct, sponsor, or approve spe-
cialized training programs for attorneys 
representing defendants in capital cases in 
accordance with section 421(d)(2)(D); 
(v) monitor the performance and 
training program attendance of appointed 
attorneys, and remove from the roster at-
torneys who fail to deliver effective rep-
resentation or fail to comply with such re-
quirements as such program, entity, or se-
lection committee or similar entity may es-
tablish regarding participation in training 
programs, in accordance with section 
421(d)(2)(E); and 
(vi) ensure funding for the full cost of 
competent legal representation by the de-
fense team and outside experts selected by 
counsel, 
in 
accordance 
with 
section 
421(d)(2)(F), including a statement set-
ting forth— 
(I) if the State employs a public 
defender 
program 
under 
section 
421(d)(1)(A), the salaries received by 
the attorneys employed by such pro-
gram and the salaries received by at-
torneys in the prosecutor’s office in 
the jurisdiction; 
(II) if the State employs ap-
pointed 
attorneys 
under 
section 
421(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-at-
torney members of the defense team, 
and the basis on which such amounts 
were determined; and 
(IV) the amounts for which at-
torney and non-attorney members of 
the defense team were reimbursed for 
reasonable incidental expenses; 
(3) in the case of a State that employs a statu-
tory procedure described in section 421(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 cap-
ital cases or to supplant non-Federal funds. 
(c) 
CAPITAL
PROSECUTION
IMPROVEMENT 
GRANTS.—With respect to the funds provided under sec-
tion 422, a report under subsection (a) shall include— 
(1) an accounting of all amounts expended; 
(2) a description of the means by which the 
State has— 
(A) designed and established training pro-
grams for State and local prosecutors to ensure