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‘‘(B) in the case of an applicant who is in-
digent, 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 sec-
tion 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 appro-
priate. 
‘‘(e) REPORTING OF TEST RESULTS.—
‘‘(1) IN GENERAL.—The results of any DNA 
testing ordered under this section shall be simulta-
neously 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 inconclu-
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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.—
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‘‘(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;
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‘‘(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
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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
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‘‘(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.
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‘‘(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 
2003; 
‘‘(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
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‘‘(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 
2003, 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.’’.
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(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
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(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. 312. 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.