‘‘(A) established nonprofit, nongovernmental 
tribal coalitions addressing domestic violence 
and sexual assault against Indian women; and 
‘‘(B) individuals or organizations that pro-
pose to incorporate as nonprofit, nongovern-
mental tribal coalitions to address domestic vio-
lence and sexual assault against Indian women. 
‘‘(3) ELIGIBILITY FOR OTHER GRANTS.—Receipt 
of an award under this subsection by tribal domestic 
violence and sexual assault coalitions shall not pre-
clude the coalition from receiving additional grants 
under this title to carry out the purposes described in 
subsection (b).’’. 
SEC. 210. EXPANSION OF PAUL COVERDELL FORENSIC 
SCIENCES IMPROVEMENT GRANT PROGRAM.
(a) FORENSIC BACKLOG ELIMINATION GRANTS.—Sec-
tion 2804 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797m) is amended—
(1) in subsection (a)—
(A) by striking ‘‘shall use the grant to carry 
out’’ and inserting ‘‘shall use the grant to do any 
one or more of the following: 
‘‘(1) To carry out’’; and 
(B) by adding at the end the following:
‘‘(2) To eliminate a backlog in the analysis of fo-
rensic science evidence, including firearms examina-
tion, latent prints, toxicology, controlled substances, 
forensic pathology, questionable documents, and trace 
evidence. 
‘‘(3) To train, assist, and employ forensic lab-
oratory personnel, as needed, to eliminate such a 
backlog.’’; 
(2) in subsection (b), by striking ‘‘under this 
part’’ and inserting ‘‘for the purpose set forth in sub-
section (a)(1)’’; and 
(3) by adding at the end the following: 
‘‘(e) BACKLOG DEFINED.—For purposes of this section, 
a backlog in the analysis of forensic science evidence exists 
if such evidence—
‘‘(1) has been stored in a laboratory, medical ex-
aminer’s office, or coroner’s office; and 
‘‘(2) has not been subjected to all appropriate fo-
rensic testing because of a lack of resources or per-
sonnel.’’. 
(b) EXTERNAL AUDITS.—Section 2802 of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3797k) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the 
end;
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(4) a certification that a government entity ex-
ists and an appropriate process is in place to conduct 
independent external investigations into allegations of 
serious negligence or misconduct substantially affect-
ing the integrity of the forensic results committed by 
employees or contractors of any forensic laboratory 
system, medical examiner’s office, or coroner’s office 
in the State that will receive a portion of the grant 
amount.’’. 
(c) THREE-YEAR EXTENSION OF AUTHORIZATION OF 
APPROPRIATIONS.—Section 1001(a)(24) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)(24)) is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (F), by striking the period 
at the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(G) $20,000,000 for fiscal year 2007; 
‘‘(H) $20,000,000 for fiscal year 2008; and 
‘‘(I) $20,000,000 for fiscal year 2009.’’.
(d) TECHNICAL AMENDMENT.—Section 1001(a) of 
such Act, as amended by subsection (c), is further amended 
by realigning paragraphs (24) and (25) so as to be flush 
with the left margin. 
SEC. 211. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Attorney General shall 
submit to Congress a report on the implementation of this 
Act and the amendments made by this Act. 
(b) CONTENTS.—The report submitted under sub-
section (a) shall include a description of—
(1) the progress made by Federal, State, and 
local entities in—
(A) collecting and entering DNA samples 
from offenders convicted of qualifying offenses for 
inclusion in the Combined DNA Index System 
(referred to in this subsection as ‘‘CODIS’’); 
(B) analyzing samples from crime scenes, 
including evidence collected from sexual assaults 
and other serious violent crimes, and entering 
such DNA analyses in CODIS; and 
(C) increasing the capacity of forensic lab-
oratories to conduct DNA analyses;
(2) the priorities and plan for awarding grants 
among eligible States and units of local government 
to ensure that the purposes of this Act are carried out; 
(3) the distribution of grant amounts under this 
Act among eligible States and local governments, and 
whether the distribution of such funds has served the 
purposes of the Debbie Smith DNA Backlog Grant 
Program; 
(4) grants awarded and the use of such grants by 
eligible entities for DNA training and education pro-
grams for law enforcement, correctional personnel, 
court officers, medical personnel, victim service pro-
viders, and other personnel authorized under sections 
203 and 204; 
(5) grants awarded and the use of such grants by 
eligible entities to conduct DNA research and develop-
ment programs to improve forensic DNA technology, 
and implement demonstration projects under section 
205; 
(6) the steps taken to establish the National Fo-
rensic Science Commission, and the activities of the 
Commission under section 205(c); 
(7) the use of funds by the Federal Bureau of In-
vestigation under section 206;
(8) grants awarded and the use of such grants by 
eligible entities to promote the use of forensic DNA 
technology to identify missing persons and unidenti-
fied human remains under section 207; 
(9) grants awarded and the use of such grants by 
eligible entities to eliminate forensic science backlogs 
under the amendments made by section 210; 
(10) State compliance with the requirements set 
forth in section 313; and 
(11) any other matters considered relevant by the 
Attorney General. 
TITLE III—INNOCENCE 
PROTECTION ACT OF 2003
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Innocence Protection 
Act of 2003’’. 
Subtitle A—Exonerating the 
Innocent Through DNA Testing 
SEC. 311. FEDERAL POST-CONVICTION DNA TESTING. 
(a) FEDERAL CRIMINAL PROCEDURE.—
(1) IN GENERAL.—Part II of title 18, United 
States Code, is amended by inserting after chapter 
228 the following:
‘‘CHAPTER 228A—POST-CONVICTION DNA 
TESTING
‘‘Sec. 
‘‘3600. DNA testing. 
‘‘3600A. Preservation of biological evidence.
‘‘§ 3600. DNA testing 
‘‘(a) IN GENERAL.—Upon a written motion by an in-
dividual under a sentence of imprisonment or death pursu-
ant to a conviction for a Federal offense (referred to in this 
section as the ‘applicant’), the court that entered the judg-
ment of conviction shall order DNA testing of specific evi-
dence if—
‘‘(1) the applicant asserts, under penalty of per-
jury, that the applicant is actually innocent of—
‘‘(A) the Federal offense for which the appli-
cant is under a sentence of imprisonment or 
death; or 
‘‘(B) another Federal or State offense, if—
‘‘(i)(I) such offense was legally nec-
essary to make the applicant eligible for a 
sentence 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 new sentencing hearing; and 
‘‘(ii) in the case of a State offense—
‘‘(I) the applicant demonstrates 
that there is no adequate remedy under 
State law to permit DNA testing of the 
specified evidence relating to the State 
offense; and 
‘‘(II) to the extent available, the 
applicant has exhausted all remedies 
available under State law for request-
ing DNA testing of specified evidence 
relating to the State offense; 
‘‘(2) the specific evidence to be tested was secured 
in relation to the investigation or prosecution of the 
Federal or State offense referenced in the applicant’s 
assertion under paragraph (1); 
‘‘(3) the specific evidence to be tested—
‘‘(A) was not previously subjected to DNA 
testing and the applicant did not knowingly and 
voluntarily waive the right to request DNA test-
ing of that evidence in a court proceeding after 
the date of enactment of the Innocence Protection 
Act of 2003; or
‘‘(B) was previously subjected to DNA test-
ing and the applicant is requesting DNA testing 
using a new method or technology that is sub-
stantially more probative than the prior DNA 
testing; 
‘‘(4) the specific evidence to be tested is in the 
possession of the Government and has been subject to 
a chain of custody and retained under conditions suf-
ficient to ensure that such evidence has not been sub-
stituted, contaminated, tampered with, replaced, or 
altered in any respect material to the proposed DNA 
testing; 
‘‘(5) the proposed DNA testing is reasonable in 
scope, uses scientifically sound methods, and is con-
sistent with accepted forensic practices; 
‘‘(6) the applicant identifies a theory of defense 
that—
‘‘(A) is not inconsistent with an affirmative 
defense presented at trial; and 
‘‘(B) would establish the actual innocence of 
the applicant of the Federal or State offense ref-
erenced in the applicant’s assertion under para-
graph (1);
‘‘(7) if the applicant was convicted following a 
trial, the identity of the perpetrator was at issue in 
the trial; 
‘‘(8) the proposed DNA testing of the specific evi-
dence—
‘‘(A) would produce new material evidence 
to support the theory of defense referenced in 
paragraph (6); and 
‘‘(B) assuming the DNA test result excludes 
the applicant, would raise a reasonable prob-
ability that the applicant did not commit the of-
fense; 
‘‘(9) the applicant certifies that the applicant 
will provide a DNA sample for purposes of compari-
son; and 
‘‘(10) the applicant’s motion is filed for the pur-
pose of demonstrating the applicant’s actual inno-
cence of the Federal or State offense, and not to delay 
the execution of the sentence or the administration of 
justice. 
‘‘(b) NOTICE TO THE GOVERNMENT; PRESERVATION 
ORDER; APPOINTMENT OF COUNSEL.—
‘‘(1) NOTICE.—Upon the receipt of a motion 
filed under subsection (a), the court shall—
‘‘(A) notify the Government; and
‘‘(B) allow the Government a reasonable 
time period to respond to the motion. 
‘‘(2) PRESERVATION ORDER.—To the extent nec-
essary to carry out proceedings under this section, the 
court shall direct the Government to preserve the spe-
cific evidence relating to a motion under subsection 
(a). 
‘‘(3) APPOINTMENT
OF
COUNSEL.—The court 
may appoint counsel for an indigent applicant under 
this section in the same manner as in a proceeding 
under section 3006A(a)(2)(B). 
‘‘(c) TESTING PROCEDURES.—
‘‘(1) IN GENERAL.—The court shall direct that 
any DNA testing ordered under this section be carried 
out by the Federal Bureau of Investigation. 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), the court may order DNA testing by another 
qualified laboratory if the court makes all necessary 
orders to ensure the integrity of the specific evidence 
and the reliability of the testing process and test re-
sults. 
‘‘(3) COSTS.—The costs of any DNA testing or-
dered under this section shall be paid—
‘‘(A) by the applicant; or
‘‘(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 section 
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 pro-
cedures under subsection (f) or (g), as appropriate. 
‘‘(e) REPORTING OF TEST RESULTS.—
‘‘(1) IN GENERAL.—The results of any DNA test-
ing ordered under this section shall be simultaneously 
disclosed to the court, the applicant, and the Govern-
ment. 
‘‘(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 sub-
section as ‘NDIS’). 
‘‘(3) RETENTION OF DNA SAMPLE.—
‘‘(A) ENTRY INTO NDIS.—If the DNA test 
results obtained under this section are inconclu-
sive or show that the applicant was the source of
the DNA evidence, the DNA sample of the appli-
cant may be retained in NDIS. 
‘‘(B) MATCH WITH OTHER OFFENSE.—If the 
DNA test results obtained under this section ex-
clude the applicant as the source of the DNA evi-
dence, and a comparison of the DNA sample of 
the applicant results in a match between the 
DNA sample of the applicant and another of-
fense, the Attorney General shall notify the ap-
propriate agency and preserve the DNA sample 
of the applicant. 
‘‘(C) NO MATCH.—If the DNA test results 
obtained under this section exclude the applicant 
as the source of the DNA evidence, and a com-
parison of the DNA sample of the applicant does 
not result in a match between the DNA sample 
of the applicant and another offense, the Attor-
ney 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 appli-
cant 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 appli-
cant 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 innocence 
was false, and, if the court makes such a 
finding, the court may hold the applicant 
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 re-
ceipt of such a finding, may deny, wholly or 
in part, the good conduct credit authorized 
under section 3632 on the basis of that find-
ing;
‘‘(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 un-
timely, if DNA test results obtained under this section 
exclude the applicant as the source of the DNA evi-
dence, the applicant may file a motion for a new trial 
or resentencing, as appropriate. The court shall estab-
lish a reasonable schedule for the applicant to file
such a motion and for the Government 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 resen-
tencing, as appropriate, if the DNA test results, when 
considered with all other evidence in the case (regard-
less of whether such evidence was introduced 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 applicant 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 sentence 
as a career offender under section 3559(e) 
or an armed career offender under section 
924(e), and exoneration of such offense 
would entitle the applicant to a reduced 
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-conviction re-
lief 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 applica-
tion under this section shall not be considered to be 
a motion under section 2255 for purposes of deter-
mining whether the application or any other motion 
is a second or successive motion under section 2255. 
‘‘§ 3600A. Preservation of biological evidence 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion 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 defend-
ant under section 3600, and no appeal is pending; 
‘‘(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 
‘‘(B) the Government takes reasonable measures 
to remove and preserve portions of the material evi-
dence sufficient to permit future DNA testing. 
‘‘(d) OTHER PRESERVATION REQUIREMENT.—Nothing 
in this section shall preempt or supersede any statute, regu-
lation, court order, or other provision of law that may re-
quire 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 imple-
ment and enforce this section, including appropriate dis-
ciplinary sanctions to ensure that employees comply with 
such regulations. 
‘‘(f) CRIMINAL PENALTY.—Whoever knowingly and in-
tentionally destroys, alters, or tampers with biological evi-
dence that is required to be preserved under this section 
with the intent to prevent that evidence from being subjected 
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 pro-
ceeding.’’. 
(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 chap-
ter 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 estab-
lished under paragraph (1), the Federal courts shall 
provide to the Attorney General any requested assist-
ance in operating such a system and in ensuring the 
accuracy and completeness of information included 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 de-
termines 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 enact-
ment. 
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. 
(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 Dis-
trict of Columbia, the Commonwealth of Puerto Rico, the 
United States Virgin Islands, American Samoa, Guam, 
and the Northern Mariana Islands.
SEC. 313. 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 203, 205, 207, and 312 
shall be reserved for grants to eligible entities that—
(1) meet the requirements under section 203, 
205, 207, or 312, as appropriate; and 
(2) demonstrate that the State in which the eligi-
ble entity operates—
(A) provides post-conviction DNA testing of 
specified evidence—
(i) under a State statute enacted before 
the date of enactment of this Act (or ex-
tended 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 imprisonment or 
death for a State offense, in a manner com-
parable to section 3600(a) of title 18,
United States Code (provided that the State 
statute, rule, regulation, or practice may 
make post-conviction DNA testing available 
in cases in which such testing is not re-
quired by such section), and if the results of 
such testing exclude the applicant, 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 rea-
sonable measures are taken by all jurisdic-
tions within the State to preserve such evi-
dence; or 
(ii) under a State statute or a State or 
local rule, regulation, or practice, enacted or 
adopted after the date of enactment 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. 
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 representa-
tion. 
(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, 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 represen-
tation 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 re-
quirement of State law, that a second attorney 
need not remain assigned to represent the indi-
gent to ensure competent representation; 
(D) conduct, sponsor, or approve specialized 
training programs for attorneys representing de-
fendants 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 representa-
tion or who fail to comply with such require-
ments as the entity may establish regarding par-
ticipation in training programs; and 
(F) ensure funding for the full cost of com-
petent 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 prosecutor’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 responsi-
bility 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 reimbursed 
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 represen-
tation of 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 fol-
lowing: 
(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 systematic 
review of cases in which a death sentence was 
imposed in order to identify cases in which post-
conviction DNA testing may be appropriate. 
(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 officer 
of the State that the State authorizes capital 
punishment under its laws and conducts, or will 
conduct, prosecutions in which capital punish-
ment 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 judici-
ary, the organized bar, and State and local 
prosecutor and defender organizations; and 
(ii) establishes as a priority improve-
ment in the quality of trial-level representa-
tion 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 section 
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 identifying 
and appointing qualified attorneys to represent 
indigents in capital cases in an entity described 
in section 321(d)(1); and