HR 3214 RFS 
(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
HR 3214 RFS 
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.
HR 3214 RFS 
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 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-
HR 3214 RFS 
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. 323. 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
HR 3214 RFS 
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 
321(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—
HR 3214 RFS 
(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 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 sec-
tion 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 identi-
fying and appointing qualified attorneys to rep-
resent indigents in capital cases in a program 
described in section 321(d)(1)(A), an entity de-
scribed in section 321(d)(1)(B), or selection
HR 3214 RFS 
committee or similar entity described in section 
321(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 
321(d)(1)(C), to—
(i) establish qualifications for attor-
neys 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 sec-
tion 321(d)(2)(B); 
(iii) assign attorneys from the roster 
in accordance with section 321(d)(2)(C); 
(iv) conduct, sponsor, or approve spe-
cialized 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 at-
torneys who fail to deliver effective rep-
resentation or fail to comply with such re-
HR 3214 RFS 
quirements as such program, entity, or se-
lection committee or similar entity may es-
tablish regarding participation in training 
programs, in accordance with section 
321(d)(2)(E); and 
(vi) ensure funding for the full cost of 
competent legal representation by the de-
fense team and outside experts selected by 
counsel, 
in 
accordance 
with 
section 
321(d)(2)(F), including a statement set-
ting 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 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 
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;
HR 3214 RFS 
(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 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 cap-
ital cases or to supplant non-Federal funds. 
(c) 
CAPITAL
PROSECUTION
IMPROVEMENT 
GRANTS.—With respect to the funds provided under sec-
tion 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 pro-
grams for State and local prosecutors to ensure
HR 3214 RFS 
effective representation in State capital cases in 
accordance with section 322(b)(1)(A); 
(B) developed and implemented appro-
priate 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 poten-
tial 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 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 in accordance with section 322(b)(1)(E); 
and 
(F) provided support and assistance to the 
families of murder victims; and
HR 3214 RFS 
(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 RE-
PORTS.—The annual reports to the Attorney General sub-
mitted by any State under this section shall be made avail-
able to the public. 
SEC. 325. EVALUATIONS BY INSPECTOR GENERAL AND AD-
MINISTRATIVE 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 re-
ceives 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 sub-
mitted under section 324, submit to Congress 
and to the Attorney General a report evaluating 
the compliance by the State with the terms and 
conditions of the grant; and 
(B) if the Inspector General concludes that 
the State is not in compliance with the terms 
and conditions of the grant, specify any defi-
HR 3214 RFS 
ciencies and make recommendations for correc-
tive action. 
(2) 
PRIORITY.—In 
conducting 
evaluations 
under this subsection, the Inspector General shall 
give priority to States that the Inspector General de-
termines, 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 PROCE-
DURE STATES.—For each State that employs a stat-
utory procedure described in section 321(d)(1)(C), 
the Inspector General shall submit to Congress and 
to the Attorney General, 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 receiving the report 
under subsection (a)(1) or the determination under 
subsection (a)(3), the Attorney General shall provide 
the State with an opportunity to comment regarding
HR 3214 RFS 
the findings and conclusions of the report or the de-
termination. 
(2) CORRECTIVE ACTION PLAN.—If the Attor-
ney General, after reviewing the report under sub-
section (a)(1) or the determination under subsection 
(a)(3), determines that a State is not in compliance 
with the terms and conditions of the grant, the At-
torney 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 cor-
rective action that has been approved by the Attor-
ney General within 90 days after the submission of 
the report under subsection (a)(1) or the determina-
tion under subsection (a)(3), the Attorney General 
shall, within 30 days, direct the State to take correc-
tive action to bring the State into compliance. 
(3) REPORT TO CONGRESS.—Not later than 90 
days after the earlier of the implementation of a cor-
rective 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 compli-
ance with the terms and conditions of the grant. 
(c) PENALTIES FOR NONCOMPLIANCE.—If the State 
fails to take the prescribed corrective action under sub-
HR 3214 RFS 
section (b) and is not in compliance with the terms and 
conditions of the grant, the Attorney General shall dis-
continue 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 para-
graph shall prevent a State which has been subject to pen-
alties 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 compli-
ance of each State with the terms and conditions of the 
grant. 
(e) ADMINISTRATIVE COSTS.—Not less than 2.5 per-
cent 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 STAT-
UTORY 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 de-
termination under subsection (a)(3) that the State is
HR 3214 RFS 
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 require-
ments of this subsection apply in addition to, and 
not instead of, the other requirements of this sec-
tion. 
SEC. 326. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION FOR GRANTS.—There are au-
thorized to be appropriated $100,000,000 for each of fis-
cal 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).
HR 3214 RFS 
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 in-
serting ‘‘exceed $100,000 for each 12-month period of in-
carceration for any plaintiff who was unjustly sentenced 
to death and $50,000 for each 12-month period of incar-
ceration for any other plaintiff’’. 
SEC. 332. SENSE OF CONGRESS REGARDING COMPENSA-
TION 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 sen-
tenced to death.
Passed the House of Representatives November 5, 
2003. 
Attest: 
JEFF TRANDAHL, 
Clerk.