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. 
(b) CERTIFICATION.—For fiscal year 2005, an eligi-
ble entity shall be deemed to comply with the requirements 
of this section if an authorized officer of the State in which 
the eligible entity operates certifies that the State will 
comply with such requirements within 1 year of the certifi-
cation. 
Subtitle B—Improving the Quality 
of Representation in State Cap-
ital Cases 
SEC. 
321. 
CAPITAL 
REPRESENTATION 
IMPROVEMENT 
GRANTS. 
(a) IN GENERAL.—The Attorney General shall award 
grants to States for the purpose of improving the quality
of legal representation provided to indigent defendants in 
State capital cases. 
(b) DEFINED TERM.—In this section, the term ‘‘legal 
representation’’ means legal counsel and investigative, ex-
pert, and other services necessary for competent represen-
tation. 
(c) USE OF FUNDS.—Grants awarded under sub-
section (a)—
(1) shall be used to establish, implement, or im-
prove an effective system for providing competent 
legal representation to—
(A) indigents charged with an offense sub-
ject to capital punishment; 
(B) indigents who have been sentenced to 
death and who seek appellate or collateral relief 
in State court; and 
(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 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 identifying and 
appointing qualified attorneys to represent indigents 
in capital cases in—
(A) a public defender program that relies 
on staff attorneys, members of the private bar, 
or both, to provide representation in capital 
cases; or 
(B) 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; and 
(2) requires the entity described in paragraph 
(1) 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) 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 the entity may establish regarding 
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 as follows: 
(i) Attorneys employed by a public de-
fender program shall be compensated ac-
cording to a salary scale that is commensu-
rate with the salary scale of the prosecu-
tor’s office in the jurisdiction. 
(ii) Appointed attorneys shall be com-
pensated for actual time and service, com-
puted on an hourly basis and at a reason-
able hourly rate in light of the qualifica-
tions and experience of the attorney and 
the local market for legal representation in 
cases reflecting the complexity and respon-
sibility of capital cases. 
(iii) Non-attorney members of the de-
fense team, including investigators, mitiga-
tion specialists, and experts, shall be com-
pensated at a rate that reflects the special-
ized skills needed by those who assist coun-
sel with the litigation of death penalty 
cases. 
(iv) Attorney and non-attorney mem-
bers of the defense team shall be reim-
bursed for reasonable incidental expenses. 
SEC. 322. CAPITAL PROSECUTION IMPROVEMENT GRANTS. 
(a) IN GENERAL.—The Attorney General shall award 
grants to States for the purpose of improving the rep-
resentation of the public in State capital cases. 
(b) USE OF FUNDS.—
(1) PERMITTED USES.—Grants awarded under 
subsection (a) shall be used to—
(A) design and implement training pro-
grams for State and local prosecutors to ensure 
effective representation in State capital cases; 
(B) develop and implement appropriate 
standards and qualifications for State and local 
prosecutors who litigate State capital cases; 
(C) 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) identify and implement any potential 
legal reforms that may be appropriate to mini-
mize the potential for error in the trial of cap-
ital cases; 
(E) establish a program under which State 
and local prosecutors conduct a systematic re-
view of cases in which a death sentence was im-
posed in order to identify cases in which post-
conviction DNA testing may be appropriate; 
and 
(F) provide support and assistance to the 
families of murder victims.
(2) PROHIBITED USE.—Grants awarded under 
subsection (a) shall not be used to fund the prosecu-
tion 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 
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; and 
(D) 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 equally between the uses 
described in section 321 and the uses de-
scribed in section 322. 
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 an entity de-
scribed in section 321(d)(1); and 
(B) requires the entity described in section 
321(d)(1) 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-
quirements as the entity may establish re-
garding 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; 
(III) the amounts paid to non-
attorney 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; and 
(3) 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—
(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-