by inserting after the item relating to section 20109 the
following:
‘‘Sec. 110. Standards for capital representation.’’.
SEC. 204. EFFECT ON PROCEDURAL DEFAULT RULES.
(a) IN GENERAL.—Section 2254(e) of title 28,
United States Code, is amended—
(1) in paragraph (1), by striking ‘‘In a pro-
ceeding’’ and inserting ‘‘Except as provided in para-
graph (3), in a proceeding’’; and
(2) by adding at the end the following:
‘‘(3) In a proceeding instituted by an applicant
under sentence of death, the court shall neither pre-
sume a finding of fact made by a State court to be
correct nor decline to consider a claim on the ground
that the applicant failed to raise such claim in State
court at the time and in the manner prescribed by
State law, if—
‘‘(A) the applicant was financially unable
to obtain adequate representation at the stage
of the State proceedings at which the State
court made the finding of fact or the applicant
failed to raise the claim, and the applicant did
not waive representation by counsel; and
‘‘(B) the State did not provide representa-
tion to the applicant under a State system for
providing representation that satisfied the
standards formulated by the National Commis-
sion on Capital Representation pursuant to sec-
tion 201(b) of the Innocence Protection Act of
2001.’’.
(b) NO RETROACTIVE EFFECT.—The amendments
made by this section shall not apply to any case in which
the relevant State court proceeding occurred before the
end of the first fiscal year following the formulation of
standards by the National Commission on Capital Rep-
resentation pursuant to section 201(b) of the Innocence
Protection Act of 2001.
SEC. 205. CAPITAL DEFENSE RESOURCE GRANTS.
Section 3006A of title 18, United States Code, is
amended—
(1) by redesignating subsections (i), (j), and (k)
as subsections (j), (k), and (l), respectively; and
(2) by inserting after subsection (h) the fol-
lowing:
‘‘(i) CAPITAL DEFENSE RESOURCE GRANTS.—
‘‘(1) DEFINITIONS.—In this subsection—
‘‘(A) the term ‘capital case’—
‘‘(i) means any criminal case in which
a defendant prosecuted in a State court is
subject to a sentence of death or in which
a death sentence has been imposed; and
‘‘(ii) includes all proceedings filed in
connection with the case, including trial,
appellate, and Federal and State post-con-
viction proceedings;
‘‘(B) the term ‘defense services’ includes—
‘‘(i) recruitment of counsel;
‘‘(ii) training of counsel; and
‘‘(iii) legal and administrative support
and assistance to counsel; and
‘‘(C) the term ‘Director’ means the Direc-
tor of the Administrative Office of the United
States Courts.
‘‘(2) GRANT AWARD AND CONTRACT AUTHOR-
ITY.—Notwithstanding subsection (g), the Director
shall award grants to, or enter into contracts with,
public agencies or private nonprofit organizations for
the purpose of providing defense services in capital
cases.
‘‘(3) PURPOSES.—Grants and contracts award-
ed under this subsection shall be used in connection
with capital cases in the jurisdiction of the grant re-
cipient for 1 or more of the following purposes:
‘‘(A) Enhancing the availability, com-
petence, and prompt assignment of counsel.
‘‘(B) Encouraging continuity of represen-
tation between Federal and State proceedings.
‘‘(C) Increasing the efficiency with which
such cases are resolved.
‘‘(4) GUIDELINES.—The Director, in consulta-
tion with the Judicial Conference of the United
States, shall develop guidelines to ensure that de-
fense services provided by recipients of grants and
contracts awarded under this subsection are con-
sistent with applicable legal and ethical proscriptions
governing the duties of counsel in capital cases.
‘‘(5) CONSULTATION.—In awarding grants and
contracts under this subsection, the Director shall
consult with representatives of the highest State
court, the organized bar, and the defense bar of the
jurisdiction to be served by the recipient of the grant
or contract, and shall ensure coordination with
grants administered by the State Justice Institute
pursuant to section 207A of the State Justice Insti-
tute Act of 1984.’’.
TITLE III—MISCELLANEOUS
PROVISIONS
SEC. 301. INCREASED COMPENSATION IN FEDERAL CASES.
Section 2513(e) of title 28, United States Code, is
amended by striking ‘‘$5,000’’ and inserting ‘‘$50,000 for
each 12-month period of incarceration, except that a plain-
tiff who was unjustly sentenced to death may be awarded
not more than $100,000 for each 12-month period of in-
carceration.’’.
SEC. 302. COMPENSATION IN STATE DEATH PENALTY
CASES.
Section 20105(b)(1) of the Violent Crime Control and
Law Enforcement Act of 1994 (42 U.S.C. 13705(b)(1))
is amended by—
(1) striking ‘‘and’’ at the end of subparagraph
(A);
(2) striking the period at the end of subpara-
graph (B) and inserting ‘‘; and’’; and
(3) adding at the end the following:
‘‘(C) provide assurances to the Attorney
General that the State, if it prescribes, author-
izes, or permits the penalty of death for any of-
fense, has established or will establish not later
than 18 months after the enactment of the In-
nocence Protection Act of 2001, effective proce-
dures for—
‘‘(i) reasonably compensating persons
found to have been unjustly convicted of
an offense against the State and sentenced
to death; and
‘‘(ii) investigating the causes of such
unjust convictions, publishing the results
of such investigations, and taking steps to
prevent such errors in future cases.’’.
SEC. 303. CERTIFICATION REQUIREMENT IN FEDERAL
DEATH PENALTY PROSECUTIONS.
(a) IN GENERAL.—Chapter 228 of title 28, United
States Code, is amended by adding at the end the fol-
lowing:
‘‘§ 3599. Certification requirement
‘‘(a) CERTIFICATION BY ATTORNEY GENERAL.—The
Government shall not seek a sentence of death in any case
brought before a court of the United States except upon
the certification in writing of the Attorney General, which
function of certification may not be delegated, that the
Federal interest in the prosecution is more substantial
than the interests of the State or local authorities.
‘‘(b) REQUIREMENTS.—A certification under sub-
section (a) shall state the basis on which the certification
was made and the reasons for the certification.
‘‘(c) STATE INTEREST.—In States where the imposi-
tion of a sentence of death is not authorized by law, the
fact that the maximum Federal sentence is death does not
constitute a more substantial interest in Federal prosecu-
tion.