[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 486 Reported in Senate (RS)]






                                                       Calendar No. 731
107th CONGRESS
  2d Session
                                 S. 486

                          [Report No. 107-315]

To reduce the risk that innocent persons may be executed, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2001

 Mr. Leahy (for himself, Mr. Smith of Oregon, Ms. Collins, Mr. Levin, 
  Mr. Feingold, Mr. Jeffords, Mr. Kennedy, Mr. Chafee, Mr. Akaka, Ms. 
Mikulski, Mr. Dodd, Mr. Lieberman, Mr. Torricelli, Mr. Wellstone, Mrs. 
  Boxer,  Mr. Corzine, Mrs. Clinton, Mr. Bingaman, Ms. Cantwell, Mr. 
Reed, Mr. Durbin, Mr. Sarbanes, Mr. Kerry, Mr. Warner, Mr. Inouye, Mr. 
 Edwards, Mrs. Murray, Mr. Biden, Mr. Specter, Mrs. Feinstein, and Mr. 
   Schumer) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                            October 16, 2002

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To reduce the risk that innocent persons may be executed, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Innocence 
Protection Act of 2001''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
     <DELETED>TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING

<DELETED>Sec. 101. Findings and purposes.
<DELETED>Sec. 102. Post-conviction DNA testing in Federal criminal 
                            justice system.
<DELETED>Sec. 103. Post-conviction DNA testing in State criminal 
                            justice systems.
<DELETED>Sec. 104. Prohibition pursuant to section 5 of the 14th 
                            amendment.
<DELETED>Sec. 105. Grants to prosecutors for DNA testing programs.
 <DELETED>TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL CASES

<DELETED>Sec. 201. National Commission on Capital Representation.
<DELETED>Sec. 202. Capital defense incentive grants.
<DELETED>Sec. 203. Amendments to prison grant programs.
<DELETED>Sec. 204. Effect on procedural default rules.
<DELETED>Sec. 205. Capital defense resource grants.
              <DELETED>TITLE III--MISCELLANEOUS PROVISIONS

<DELETED>Sec. 301. Increased compensation in Federal cases.
<DELETED>Sec. 302. Compensation in State death penalty cases.
<DELETED>Sec. 303. Certification requirement in Federal death penalty 
                            prosecutions.
<DELETED>Sec. 304. Alternative of life imprisonment without possibility 
                            of release.
<DELETED>Sec. 305. Right to an informed jury.
<DELETED>Sec. 306. Annual reports.
<DELETED>Sec. 307. Sense of Congress regarding the execution of 
                            juvenile offenders and the mentally 
                            retarded.

        <DELETED>TITLE I--EXONERATING THE INNOCENT THROUGH DNA 
                           TESTING</DELETED>

<DELETED>SEC. 101. FINDINGS AND PURPOSES.</DELETED>

<DELETED>    (a) Findings.--Congress makes the following 
findings:</DELETED>
        <DELETED>    (1) Over the past decade, deoxyribonucleic acid 
        testing (referred to in this section as ``DNA testing'') has 
        emerged as the most reliable forensic technique for identifying 
        criminals when biological material is left at a crime 
        scene.</DELETED>
        <DELETED>    (2) Because of its scientific precision, DNA 
        testing can, in some cases, conclusively establish the guilt or 
        innocence of a criminal defendant. In other cases, DNA testing 
        may not conclusively establish guilt or innocence, but may have 
        significant probative value to a finder of fact.</DELETED>
        <DELETED>    (3) While DNA testing is increasingly commonplace 
        in pretrial investigations today, it was not widely available 
        in cases tried prior to 1994. Moreover, new forensic DNA 
        testing procedures have made it possible to get results from 
        minute samples that could not previously be tested, and to 
        obtain more informative and accurate results than earlier forms 
        of forensic DNA testing could produce. Consequently, in some 
        cases convicted inmates have been exonerated by new DNA tests 
        after earlier tests had failed to produce definitive 
        results.</DELETED>
        <DELETED>    (4) Since DNA testing is often feasible on 
        relevant biological material that is decades old, it can, in 
        some circumstances, prove that a conviction that predated the 
        development of DNA testing was based upon incorrect factual 
        findings. Uniquely, DNA evidence showing innocence, produced 
        decades after a conviction, provides a more reliable basis for 
        establishing a correct verdict than any evidence proffered at 
        the original trial. DNA testing, therefore, can and has 
        resulted in the post-conviction exoneration of innocent men and 
        women.</DELETED>
        <DELETED>    (5) In more than 80 cases in the United States, 
        DNA evidence has led to the exoneration of innocent men and 
        women who were wrongfully convicted. This number includes at 
        least 10 individuals sentenced to death, some of whom came 
        within days of being executed.</DELETED>
        <DELETED>    (6) In more than a dozen cases, post-conviction 
        DNA testing that has exonerated an innocent person has also 
        enhanced public safety by providing evidence that led to the 
        identification of the actual perpetrator.</DELETED>
        <DELETED>    (7) Experience has shown that it is not unduly 
        burdensome to make DNA testing available to inmates. The cost 
        of that testing is relatively modest and has decreased in 
        recent years. Moreover, the number of cases in which post-
        conviction DNA testing is appropriate is small, and will 
        decrease as pretrial testing becomes more common.</DELETED>
        <DELETED>    (8) Under current Federal and State law, it is 
        difficult to obtain post-conviction DNA testing because of time 
        limits on introducing newly discovered evidence. Under Federal 
        law, motions for a new trial based on newly discovered evidence 
        must be made within 3 years after conviction. In most States, 
        those motions must be made not later than 2 years 
after conviction, and sometimes much sooner. The result is that laws 
intended to prevent the use of evidence that has become less reliable 
over time have been used to preclude the use of DNA evidence that 
remains highly reliable even decades after trial.</DELETED>
        <DELETED>    (9) The National Commission on the Future of DNA 
        Evidence, a Federal panel established by the Department of 
        Justice and comprised of law enforcement, judicial, and 
        scientific experts, has urged that post-conviction DNA testing 
        be permitted in the relatively small number of cases in which 
        it is appropriate, notwithstanding procedural rules that could 
        be invoked to preclude that testing, and notwithstanding the 
        inability of an inmate to pay for the testing.</DELETED>
        <DELETED>    (10) Since New York passed the Nation's first 
        post-conviction DNA statute in 1994, only a few States have 
        adopted post-conviction DNA testing procedures, and some of 
        these procedures are unduly restrictive. Moreover, only a 
        handful of States have passed legislation requiring that 
        biological evidence be adequately preserved.</DELETED>
        <DELETED>    (11) In 1994, Congress passed the DNA 
        Identification Act, which authorized the construction of the 
        Combined DNA Index System, a national database to facilitate 
        law enforcement exchange of DNA identification information, and 
        authorized funding to improve the quality and availability of 
        DNA testing for law enforcement identification purposes. In 
        2000, Congress passed the DNA Analysis Backlog Elimination Act 
        and the Paul Coverdell Forensic Sciences Improvement Act, which 
        together authorized an additional $908,000,000 over 6 years in 
        DNA-related grants.</DELETED>
        <DELETED>    (12) Congress should continue to provide financial 
        assistance to the States to increase the capacity of State and 
        local laboratories to carry out DNA testing for law enforcement 
        identification purposes. At the same time, Congress should 
        insist that States which accept financial assistance make DNA 
        testing available to both sides of the adversarial system in 
        order to enhance the reliability and integrity of that 
        system.</DELETED>
        <DELETED>    (13) In Herrera v. Collins, 506 U.S. 390 (1993), a 
        majority of the members of the Court suggested that a 
        persuasive showing of innocence made after trial would render 
        the execution of an inmate unconstitutional.</DELETED>
        <DELETED>    (14) It shocks the conscience and offends social 
        standards of fairness and decency to execute innocent persons 
        or to deny inmates the opportunity to present persuasive 
        evidence of their innocence.</DELETED>
        <DELETED>    (15) If biological material is not subjected to 
        DNA testing in appropriate cases, there is a significant risk 
        that persuasive evidence of innocence will not be detected and, 
        accordingly, that innocent persons will be unconstitutionally 
        executed.</DELETED>
        <DELETED>    (16) Given the irremediable constitutional harm 
        that would result from the execution of an innocent person and 
        the failure of many States to ensure that innocent persons are 
        not sentenced to death, a Federal statute assuring the 
        availability of DNA testing and a chance to present the results 
        of testing in court is a congruent and proportional 
        prophylactic measure to prevent constitutional injuries from 
        occurring.</DELETED>
<DELETED>    (b) Purposes.--The purposes of this title are to--
</DELETED>
        <DELETED>    (1) substantially implement the Recommendations of 
        the National Commission on the Future of DNA Evidence in the 
        Federal criminal justice system, by authorizing DNA testing in 
        appropriate cases;</DELETED>
        <DELETED>    (2) prevent the imposition of unconstitutional 
        punishments through the exercise of power granted by clause 1 
        of section 8 and clause 2 of section 9 of article I of the 
        Constitution of the United States and section 5 of the 14th 
        amendment to the Constitution of the United States; 
        and</DELETED>
        <DELETED>    (3) ensure that wrongfully convicted persons have 
        an opportunity to establish their innocence through DNA 
        testing, by requiring the preservation of DNA evidence for a 
        limited period.</DELETED>

<DELETED>SEC. 102. POST-CONVICTION DNA TESTING IN FEDERAL CRIMINAL 
              JUSTICE SYSTEM.</DELETED>

<DELETED>    (a) In General.--Part VI of title 28, United States Code, 
is amended by inserting after chapter 155 the following:</DELETED>

             <DELETED>``CHAPTER 156--DNA TESTING</DELETED>

<DELETED>``Sec.
<DELETED>``2291. DNA testing.
<DELETED>``2292. Preservation of evidence.
<DELETED>``Sec. 2291. DNA testing</DELETED>
<DELETED>    ``(a) Application.--Notwithstanding any other provision of 
law, a person convicted of a Federal crime may apply to the appropriate 
Federal court for DNA testing to support a claim that the person did 
not commit--</DELETED>
        <DELETED>    ``(1) the Federal crime of which the person was 
        convicted; or</DELETED>
        <DELETED>    ``(2) any other offense that a sentencing 
        authority may have relied upon when it sentenced the person 
        with respect to the Federal crime either to death or to an 
        enhanced term of imprisonment as a career offender or armed 
        career criminal.</DELETED>
<DELETED>    ``(b) Notice to Government.--The court shall notify the 
Government of an application made under subsection (a) and shall afford 
the Government an opportunity to respond.</DELETED>
<DELETED>    ``(c) Preservation Order.--The court shall order that all 
evidence secured in relation to the case that could be subjected to DNA 
testing must be preserved during the pendency of the proceeding. The 
court may impose appropriate sanctions, including criminal contempt, 
for the intentional destruction of evidence after such an 
order.</DELETED>
<DELETED>    ``(d) Order.--</DELETED>
        <DELETED>    ``(1) In general.--The court shall order DNA 
        testing pursuant to an application made under subsection (a) 
        upon a determination that--</DELETED>
                <DELETED>    ``(A) the evidence is still in existence, 
                and in such a condition that DNA testing may be 
                conducted;</DELETED>
                <DELETED>    ``(B) the evidence was never previously 
                subjected to DNA testing, or was not subject to the 
                type of DNA testing that is now requested and that may 
                resolve an issue not resolved by previous 
                testing;</DELETED>
                <DELETED>    ``(C) the proposed DNA testing uses a 
                scientifically valid technique; and</DELETED>
                <DELETED>    ``(D) the proposed DNA testing has the 
                scientific potential to produce new, noncumulative 
                evidence material to the claim of the applicant that 
                the applicant did not commit--</DELETED>
                        <DELETED>    ``(i) the Federal crime of which 
                        the applicant was convicted; or</DELETED>
                        <DELETED>    ``(ii) any other offense that a 
                        sentencing authority may have relied upon when 
                        it sentenced the applicant with respect to the 
                        Federal crime either to death or to an enhanced 
                        term of imprisonment as a career offender or 
                        armed career criminal.</DELETED>
        <DELETED>    ``(2) Limitation.--The court shall not order DNA 
        testing under paragraph (1) if the Government proves by a 
        preponderance of the evidence that the application for testing 
        was made to unreasonably delay the execution of sentence or 
        administration of justice, rather than to support a claim 
        described in paragraph (1)(D).</DELETED>
        <DELETED>    ``(3) Testing procedures.--If the court orders DNA 
        testing under paragraph (1), the court shall impose reasonable 
        conditions on such testing designed to protect the integrity of 
        the evidence and the testing process and the reliability of the 
        test results.</DELETED>
<DELETED>    ``(e) Cost.--The cost of DNA testing ordered under 
subsection (c) shall be borne by the Government or the applicant, as 
the court may order in the interests of justice, except that an 
applicant shall not be denied testing because of an inability to pay 
the cost of testing.</DELETED>
<DELETED>    ``(f) Counsel.--The court may at any time appoint counsel 
for an indigent applicant under this section pursuant to section 
3006A(a)(2)(B) of title 18.</DELETED>
<DELETED>    ``(g) Post-Testing Procedures.--</DELETED>
        <DELETED>    ``(1) Inconclusive results.--If the results of DNA 
        testing conducted under this section are inconclusive, the 
        court may order such further testing as may be appropriate or 
        dismiss the application.</DELETED>
        <DELETED>    ``(2) Results unfavorable to applicant.--If the 
        results of DNA testing conducted under this section inculpate 
        the applicant, the court shall--</DELETED>
                <DELETED>    ``(A) dismiss the application;</DELETED>
                <DELETED>    ``(B) assess the applicant for the cost of 
                the testing; and</DELETED>
                <DELETED>    ``(C) make such further orders as may be 
                appropriate.</DELETED>
        <DELETED>    ``(3) Results favorable to applicant.--If the 
        results of DNA testing conducted under this section are 
        favorable to the applicant, the court shall order a hearing and 
        thereafter make such further orders as may be appropriate under 
        applicable rules and statutes regarding post-conviction 
        proceedings, notwithstanding any provision of law that would 
        bar such hearing or orders as untimely.</DELETED>
<DELETED>    ``(h) Rules of Construction.--</DELETED>
        <DELETED>    ``(1) Other post-conviction relief unaffected.--
        Nothing in this section shall be construed to limit the 
        circumstances under which a person may obtain DNA testing or 
        other post-conviction relief under any other provision of 
        law.</DELETED>
        <DELETED>    ``(2) Finality rule unaffected.--An application 
        under this section shall not be considered a motion under 
        section 2255 for purposes of determining whether it or any 
        other motion is a second or successive motion under section 
        2255.</DELETED>
<DELETED>    ``(i) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Appropriate federal court.--The term 
        `appropriate Federal court' means--</DELETED>
                <DELETED>    ``(A) the United States District Court 
                which imposed the sentence from which the applicant 
                seeks relief; or</DELETED>
                <DELETED>    ``(B) in relation to a crime under the 
                Uniform Code of Military Justice, the United States 
                District Court having jurisdiction over the place where 
                the court martial was convened that imposed the 
                sentence from which the applicant seeks relief, or the 
                United States District Court for the District of 
                Columbia, if no United States District Court has 
                jurisdiction over the place where the court martial was 
                convened.</DELETED>
        <DELETED>    ``(2) Federal crime.--The term `Federal crime' 
        includes a crime under the Uniform Code of Military 
        Justice.</DELETED>
<DELETED>``Sec. 2292. Preservation of evidence</DELETED>
<DELETED>    ``(a) In General.--Notwithstanding any other provision of 
law and subject to subsection (b), the Government shall preserve all 
evidence that was secured in relation to the investigation or 
prosecution of a Federal crime (as that term is defined in section 
2291(i)), and that could be subjected to DNA testing, for not less than 
the period of time that any person remains subject to incarceration in 
connection with the investigation or prosecution.</DELETED>
<DELETED>    ``(b) Exceptions.--The Government may dispose of evidence 
before the expiration of the period of time described in subsection (a) 
if--</DELETED>
        <DELETED>    ``(1) other than subsection (a), no statute, 
        regulation, court order, or other provision of law requires 
        that the evidence be preserved; and</DELETED>
        <DELETED>    ``(2)(A)(i) the Government notifies any person who 
        remains incarcerated in connection with the investigation or 
        prosecution and any counsel of record for such person (or, if 
        there is no counsel of record, the public defender for the 
        judicial district in which the conviction for such person was 
        imposed), of the intention of the Government to dispose of the 
        evidence and the provisions of this chapter; and</DELETED>
        <DELETED>    ``(ii) the Government affords such person not less 
        than 180 days after such notification to make an application 
        under section 2291(a) for DNA testing of the evidence; 
        or</DELETED>
        <DELETED>    ``(B)(i) 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</DELETED>
        <DELETED>    ``(ii) the Government takes reasonable measures to 
        remove and preserve portions of the material evidence 
        sufficient to permit future DNA testing.</DELETED>
<DELETED>    ``(c) Remedies for Noncompliance.--</DELETED>
        <DELETED>    ``(1) General limitation.--Nothing in this section 
        shall be construed to give rise to a claim for damages against 
        the United States, or any employee of the United States, any 
        court official or officer of the court, or any entity 
        contracting with the United States.</DELETED>
        <DELETED>    ``(2) Civil penalty.--</DELETED>
                <DELETED>    ``(A) In general.--Notwithstanding 
                paragraph (1), an individual who knowingly violates a 
                provision of this section or a regulation prescribed 
                under this section shall be liable to the United States 
                for a civil penalty in an amount not to exceed $1,000 
                for the first violation and $5,000 for each subsequent 
                violation, except that the total amount imposed on the 
                individual for all such violations during a calendar 
                year may not exceed $25,000.</DELETED>
                <DELETED>    ``(B) Procedures.--The provisions of 
                section 405 of the Controlled Substances Act (21 U.S.C. 
                844a) (other than subsections (a) through (d) and 
                subsection (j)) shall apply to the imposition of a 
                civil penalty under subparagraph (A) in the same manner 
                as such provisions apply to the imposition of a penalty 
                under section 405.</DELETED>
                <DELETED>    ``(C) Prior conviction.--A civil penalty 
                may not be assessed under subparagraph (A) with respect 
                to an act if that act previously resulted in a 
                conviction under chapter 73 of title 18.</DELETED>
        <DELETED>    ``(3) Regulations.--</DELETED>
                <DELETED>    ``(A) In general.--The Attorney General 
                shall promulgate regulations to implement and enforce 
                this section.</DELETED>
                <DELETED>    ``(B) Contents.--The regulations shall 
                include the following:</DELETED>
                        <DELETED>    ``(i) Disciplinary sanctions, 
                        including suspension or termination from 
                        employment, for employees of the Department of 
                        Justice who knowingly or repeatedly violate a 
                        provision of this section.</DELETED>
                        <DELETED>    ``(ii) An administrative procedure 
                        through which parties can file formal 
                        complaints with the Department of Justice 
                        alleging violations of this 
                        section.''.</DELETED>
<DELETED>    (b) Criminal Penalty.--Chapter 73 of title 18, United 
States Code, is amended by inserting at the end the 
following:</DELETED>
<DELETED>``Sec. 1519. Destruction or altering of DNA evidence</DELETED>
<DELETED>    ``Whoever willfully or maliciously destroys, alters, 
conceals, or tampers with evidence that is required to be preserved 
under section 2292 of title 28, United States Code, with intent to--
</DELETED>
        <DELETED>    ``(1) impair the integrity of that 
        evidence;</DELETED>
        <DELETED>    ``(2) prevent that evidence from being subjected 
        to DNA testing; or</DELETED>
        <DELETED>    ``(3) prevent the production or use of that 
        evidence in an official proceeding,</DELETED>
        <DELETED>shall be fined under this title or imprisoned not more 
        than 5 years, or both.''.</DELETED>
<DELETED>    (c) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) The analysis for part VI of title 28, United 
        States Code, is amended by inserting after the item relating to 
        chapter 155 the following:</DELETED>

<DELETED>``156. DNA testing.................................    2291''.
        <DELETED>    (2) The table of contents for Chapter 73 of title 
        18, United States Code, is amended by inserting after the item 
        relating to section 1518 the following:</DELETED>

<DELETED>``1519. Destruction or altering of DNA Evidence.''.

<DELETED>SEC. 103. POST-CONVICTION DNA TESTING IN STATE CRIMINAL 
              JUSTICE SYSTEMS.</DELETED>

<DELETED>    (a) Certification Regarding Post-Conviction Testing and 
Preservation of DNA Evidence.--If any part of funds received from a 
grant made under a program listed in subsection (b) is to be used to 
develop or improve a DNA analysis capability in a forensic laboratory, 
or to collect, analyze, or index DNA samples for law enforcement 
identification purposes, the State applying for that grant must certify 
that it will--</DELETED>
        <DELETED>    (1) make post-conviction DNA testing available to 
        any person convicted of a State crime in a manner consistent 
        with section 2291 of title 28, United States Code, and, if the 
        results of such testing are favorable to such person, allow 
        such person to apply for post-conviction relief, 
        notwithstanding any provision of law that would bar such 
        application as untimely; and</DELETED>
        <DELETED>    (2) preserve all evidence that was secured in 
        relation to the investigation or prosecution of a State crime, 
        and that could be subjected to DNA testing, for not less than 
        the period of time that such evidence would be required to be 
        preserved under section 2292 of title 28, United States Code, 
        if the evidence were related to a Federal crime.</DELETED>
<DELETED>    (b) Programs Affected.--The certification requirement 
established by subsection (a) shall apply with respect to grants made 
under the following programs:</DELETED>
        <DELETED>    (1) DNA analysis backlog elimination grants.--
        Section 2 of the DNA Analysis Backlog Elimination Act of 2000 
        (Public Law 106-546).</DELETED>
        <DELETED>    (2) Paul coverdell national forensic sciences 
        improvement grants.--Part BB of title I of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (as added by Public Law 
        106-561).</DELETED>
        <DELETED>    (3) DNA identification grants.--Part X of title I 
        of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3796kk et seq.).</DELETED>
        <DELETED>    (4) Drug control and system improvement grants.--
        Subpart 1 of part E of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (42 U.S.C. 3751 et seq.).</DELETED>
        <DELETED>    (5) Public safety and community policing grants.--
        Part Q of title I of the Omnibus Crime Control and Safe Streets 
        Act of 1968 (42 U.S.C. 3796dd et seq.).</DELETED>
<DELETED>    (c) Effective Date.--This section shall apply with respect 
to any grant made on or after the date that is 1 year after the date of 
enactment of this Act.</DELETED>

<DELETED>SEC. 104. PROHIBITION PURSUANT TO SECTION 5 OF THE 14TH 
              AMENDMENT.</DELETED>

<DELETED>    (a) Application for DNA Testing.--No State shall deny an 
application for DNA testing made by a prisoner in State custody who is 
under sentence of death, if the proposed DNA testing has the scientific 
potential to produce new, noncumulative evidence material to the claim 
of the prisoner that the prisoner did not commit--</DELETED>
        <DELETED>    (1) the offense for which the prisoner was 
        sentenced to death; or</DELETED>
        <DELETED>    (2) any other offense that a sentencing authority 
        may have relied upon when it sentenced the prisoner to 
        death.</DELETED>
<DELETED>    (b) Opportunity To Present Results of DNA Testing.--No 
State shall rely upon a time limit or procedural default rule to deny a 
prisoner in State custody who is under sentence of death an opportunity 
to present in an appropriate State court new, noncumulative DNA results 
that establish a reasonable probability that the prisoner did not 
commit an offense described in subsection (a).</DELETED>
<DELETED>    (c) Remedy.--A prisoner in State custody who is under 
sentence of death may enforce subsections (a) and (b) in a civil action 
for declaratory or injunctive relief, filed either in a State court of 
general jurisdiction or in a district court of the United States, 
naming an executive or judicial officer of the State as 
defendant.</DELETED>
<DELETED>    (d) Finality Rule Unaffected.--An application under this 
section shall not be considered an application for a writ of habeas 
corpus under section 2254 of title 28, United States Code, for purposes 
of determining whether it or any other application is a second or 
successive application under section 2254.</DELETED>

<DELETED>SEC. 105. GRANTS TO PROSECUTORS FOR DNA TESTING 
              PROGRAMS.</DELETED>

<DELETED>    Section 501(b) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended by--</DELETED>
        <DELETED>    (1) striking ``and'' at the end of paragraph 
        (25);</DELETED>
        <DELETED>    (2) striking the period at the end of paragraph 
        (26) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) adding at the end the following:</DELETED>
        <DELETED>    ``(27) prosecutor-initiated programs to conduct a 
        systematic review of convictions to identify cases in which DNA 
        testing is appropriate and to offer DNA testing to inmates in 
        such cases.''.</DELETED>

    <DELETED>TITLE II--ENSURING COMPETENT LEGAL SERVICES IN CAPITAL 
                            CASES</DELETED>

<DELETED>SEC. 201. NATIONAL COMMISSION ON CAPITAL 
              REPRESENTATION.</DELETED>

<DELETED>    (a) Establishment.--There is established the National 
Commission on Capital Representation (referred to in this section as 
the ``Commission'').</DELETED>
<DELETED>    (b) Duties.--The Commission shall--</DELETED>
        <DELETED>    (1) survey existing and proposed systems for 
        appointing counsel in capital cases, and the amounts actually 
        paid by governmental entities for capital defense services; 
        and</DELETED>
        <DELETED>    (2) formulate standards specifying the elements of 
        an effective system for providing adequate representation, 
        including counsel and investigative, expert, and other services 
        necessary for adequate representation, to--</DELETED>
                <DELETED>    (A) indigents charged with offenses for 
                which capital punishment is sought;</DELETED>
                <DELETED>    (B) indigents who have been sentenced to 
                death and who seek appellate or collateral review in 
                State court; and</DELETED>
                <DELETED>    (C) indigents who have been sentenced to 
                death and who seek certiorari review in the Supreme 
                Court of the United States.</DELETED>
<DELETED>    (c) Elements.--The elements of an effective system 
described in subsection (b)(2) shall include--</DELETED>
        <DELETED>    (1) a centralized and independent appointing 
        authority, which shall--</DELETED>
                <DELETED>    (A) recruit attorneys who are qualified to 
                be appointed in the proceedings specified in subsection 
                (b)(2);</DELETED>
                <DELETED>    (B) draft and annually publish a roster of 
                qualified attorneys;</DELETED>
                <DELETED>    (C) draft and annually publish 
                qualifications and performance standards that attorneys 
                must satisfy to be listed on the roster and procedures 
                by which qualified attorneys are identified;</DELETED>
                <DELETED>    (D) periodically review the roster, 
                monitor the performance of all attorneys appointed, 
                provide a mechanism by which members of the relevant 
                State Bar may comment on the performance of their 
                peers, and delete the name of any attorney who fails to 
                satisfactorily complete regular training programs on 
                the representation of clients in capital cases, fails 
                to meet performance standards in a case to which the 
                attorney is appointed, or otherwise fails to 
                demonstrate continuing competence to represent clients 
                in capital cases;</DELETED>
                <DELETED>    (E) conduct or sponsor specialized 
                training programs for attorneys representing clients in 
                capital cases;</DELETED>
                <DELETED>    (F) appoint lead counsel and co-counsel 
                from the roster to represent a client in a capital case 
                promptly upon receiving notice of the need for an 
                appointment from the relevant State court; 
                and</DELETED>
                <DELETED>    (G) report the appointment, or the failure 
                of the client to accept such appointment, to the court 
                requesting the appointment;</DELETED>
        <DELETED>    (2) adequate compensation of private attorneys for 
        actual time and service, 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;</DELETED>
        <DELETED>    (3) reimbursement of private attorneys and public 
        defender organizations for attorney expenses reasonably 
        incurred in the representation of a client in a capital case; 
        and</DELETED>
        <DELETED>    (4) reimbursement of private attorneys and public 
        defender organizations for the reasonable costs of law clerks, 
        paralegals, investigators, experts, scientific tests, and other 
        support services necessary in the representation of a client in 
        a capital case.</DELETED>
<DELETED>    (d) Membership.--</DELETED>
        <DELETED>    (1) Number and appointment.--The Commission shall 
        be composed of 9 members, as follows:</DELETED>
                <DELETED>    (A) Four members appointed by the 
                President on the basis of their expertise and eminence 
                within the field of criminal justice, 2 of whom have 
10 years or more experience in representing defendants in State capital 
proceedings, including trial, direct appeal, or post-conviction 
proceedings, and 2 of whom have 10 years or more experience in 
prosecuting defendants in such proceedings.</DELETED>
                <DELETED>    (B) Two members appointed by the 
                Conference of Chief Justices, from among the members of 
                the judiciaries of the several States.</DELETED>
                <DELETED>    (C) Two members appointed by the Chief 
                Justice of the United States, from among the members of 
                the Federal Judiciary.</DELETED>
                <DELETED>    (D) The Chairman of the Committee on 
                Defender Services of the Judicial Conference of the 
                United States, or a designee of the Chairman.</DELETED>
        <DELETED>    (2) Ex officio member.--The Executive Director of 
        the State Justice Institute, or a designee of the Executive 
        Director, shall serve as an ex officio nonvoting member of the 
        Commission.</DELETED>
        <DELETED>    (3) Political affiliation.--Not more than 2 
        members appointed under paragraph (1)(A) may be of the same 
        political party.</DELETED>
        <DELETED>    (4) Geographic distribution.--The appointment of 
        individuals under paragraph (1) shall, to the maximum extent 
        practicable, be made so as to ensure that different geographic 
        areas of the United States are represented in the membership of 
        the Commission.</DELETED>
        <DELETED>    (5) Terms.--Members of the Commission appointed 
        under subparagraphs (A), (B), and (C) of paragraph (1) shall be 
        appointed for the life of the Commission.</DELETED>
        <DELETED>    (6) Deadline for appointments.--All appointments 
        to the Commission shall be made not later than 45 days after 
        the date of enactment of this Act.</DELETED>
        <DELETED>    (7) Vacancies.--A vacancy in the Commission shall 
        not affect its powers, and shall be filled in the same manner 
        in which the original appointment was made.</DELETED>
        <DELETED>    (8) No compensation.--Members of the Commission 
        shall serve without compensation for their service.</DELETED>
        <DELETED>    (9) Travel expenses.--Members of the Commission 
        shall receive travel expenses, including per diem in lieu of 
        subsistence, in accordance with sections 5702 and 5703 of title 
        5, United States Code.</DELETED>
        <DELETED>    (10) Quorum.--A majority of the members of the 
        Commission shall constitute a quorum, but a lesser number may 
        hold hearings.</DELETED>
        <DELETED>    (11) Initial meeting.--The initial meeting of the 
        Commission shall occur not later than 30 days after the date on 
        which all initial members of the Commission have been 
        appointed.</DELETED>
        <DELETED>    (12) Chairperson.--At the initial meeting of the 
        Commission, a majority of the members of the Commission present 
        and voting shall elect a Chairperson from among the members of 
        the Commission appointed under paragraph (1).</DELETED>
<DELETED>    (e) Staff.--</DELETED>
        <DELETED>    (1) In general.--The Commission may appoint and 
        fix the pay of such personnel as the Commission considers 
        appropriate.</DELETED>
        <DELETED>    (2) Experts and consultants.--The Commission may 
        procure temporary and intermittent services under section 
        3109(b) of title 5, United States Code.</DELETED>
<DELETED>    (f) Powers.--</DELETED>
        <DELETED>    (1) Information-gathering activities.--The 
        Commission may, for the purpose of carrying out this section, 
        hold hearings, receive public comment and testimony, initiate 
        surveys, and undertake such other activities to gather 
        information as the Commission may find advisable.</DELETED>
        <DELETED>    (2) Obtaining official information.--The 
        Commission may secure directly from any department or agency of 
        the United States such information as the Commission considers 
        necessary to carry out this section. Upon request of the 
        chairperson of the Commission, the head of that department or 
        agency shall provide such information, except to the extent 
        prohibited by law.</DELETED>
        <DELETED>    (3) Administrative support services.--Upon the 
        request of the Commission, the Administrator of General 
        Services shall provide to the Commission, on a reimbursable 
        basis, the administrative support services necessary for the 
        Commission to carry out its responsibilities under this 
        section.</DELETED>
        <DELETED>    (4) Postal services.--The Commission may use the 
        United States mails in the same manner and under the same 
        conditions as other departments and agencies of the United 
        States.</DELETED>
<DELETED>    (g) Report.--</DELETED>
        <DELETED>    (1) In general.--The Commission shall submit a 
        report to the President and the Congress before the end of the 
        1-year period beginning after the first meeting of all members 
        of the Commission.</DELETED>
        <DELETED>    (2) Contents.--The report submitted under 
        paragraph (1) shall contain--</DELETED>
                <DELETED>    (A) a comparative analysis of existing and 
                proposed systems for appointing counsel in capital 
                cases, and the amounts actually paid by governmental 
entities for capital defense services; and</DELETED>
                <DELETED>    (B) such standards as are formulated by 
                the Commission pursuant to subsection (b)(2), together 
                with such commentary and recommendations as the 
                Commission considers appropriate.</DELETED>
<DELETED>    (h) Termination.--The Commission shall terminate 90 days 
after submitting the report under subsection (g).</DELETED>
<DELETED>    (i) Expenses of Commission.--There are authorized to be 
appropriated to pay any expenses of the Commission such sums as may be 
necessary not to exceed $1,000,000. Any sums appropriated for such 
purposes are authorized to remain available until expended, or until 
the termination of the Commission pursuant to subsection (h), whichever 
occurs first.</DELETED>

<DELETED>SEC. 202. CAPITAL DEFENSE INCENTIVE GRANTS.</DELETED>

<DELETED>    The State Justice Institute Act of 1984 (42 U.S.C. 10701 
et seq.) is amended by inserting after section 207 the 
following:</DELETED>

<DELETED>``SEC. 207A. CAPITAL DEFENSE INCENTIVE GRANTS.</DELETED>

<DELETED>    ``(a) Program Authorized.--The State Justice Institute 
(referred to in this section as the `Institute') may make grants to 
State agencies and organizations responsible for the administration of 
standards of legal competence for counsel in capital cases, for the 
purposes of--</DELETED>
        <DELETED>    ``(1) implementing new mechanisms or supporting 
        existing mechanisms for providing representation in capital 
        cases that comply with the standards promulgated by the 
        National Commission on Capital Representation pursuant to 
        section 201(b) of the Innocence Protection Act of 2001; 
        and</DELETED>
        <DELETED>    ``(2) otherwise improving the quality of legal 
        representation in capital cases.</DELETED>
<DELETED>    ``(b) Use of Funds.--Funds made available under this 
section may be used for any purpose that the Institute determines is 
likely to achieve the purposes described in subsection (a), including--
</DELETED>
        <DELETED>    ``(1) training and development of training 
        capacity to ensure that attorneys assigned to capital cases 
        meet such standards;</DELETED>
        <DELETED>    ``(2) augmentation of attorney, paralegal, 
        investigator, expert witness, and other staff and services 
        necessary for capital defense; and</DELETED>
        <DELETED>    ``(3) development of new mechanisms for addressing 
        complaints about attorney competence and performance in capital 
        cases.</DELETED>
<DELETED>    ``(c) Applications.--</DELETED>
        <DELETED>    ``(1) In general.--No grant may be made under this 
        section unless an application has been submitted to, and 
        approved by, the Institute.</DELETED>
        <DELETED>    ``(2) Application.--An application for a grant 
        under this section shall be submitted in such form, and contain 
        such information, as the Institute may prescribe by regulation 
        or guideline.</DELETED>
        <DELETED>    ``(3) Contents.--In accordance with the 
        regulations or guidelines established by the Institute, each 
        application for a grant under this section shall--</DELETED>
                <DELETED>    ``(A) include a long-term strategy and 
                detailed implementation program that reflects 
                consultation with the organized bar of the State, the 
                highest court of the State, and the Attorney General of 
                the State, and reflects consideration of a statewide 
                strategy; and</DELETED>
                <DELETED>    ``(B) specify plans for obtaining 
                necessary support and continuing the proposed program 
                following the termination of Federal support.</DELETED>
<DELETED>    ``(d) Rules and Regulations.--The Institute may issue 
rules, regulations, guidelines, and instructions, as necessary, to 
carry out the purposes of this section.</DELETED>
<DELETED>    ``(e) Technical Assistance and Training.--To assist and 
measure the effectiveness and performance of programs funded under this 
section, the Institute may provide technical assistance and training, 
as required.</DELETED>
<DELETED>    ``(f) Grant Period.--A grant under this section shall be 
made for a period not longer than 3 years, but may be renewed on such 
terms as the Institute may require.</DELETED>
<DELETED>    ``(g) Limitations on Use of Funds.--</DELETED>
        <DELETED>    ``(1) Nonsupplanting requirement.--Funds made 
        available under this section shall not be used to supplant 
        State or local funds, but shall be used to supplement the 
        amount of funds that would, in the absence of Federal funds 
        received under this section, be made available from States or 
        local sources.</DELETED>
        <DELETED>    ``(2) Federal share.--The Federal share of a grant 
        made under this part may not exceed--</DELETED>
                <DELETED>    ``(A) for the first fiscal year for which 
                a program receives assistance, 75 percent of the total 
                costs of such program; and</DELETED>
                <DELETED>    ``(B) for subsequent fiscal years for 
                which a program receives assistance, 50 percent of the 
                total costs of such program.</DELETED>
        <DELETED>    ``(3) Administrative costs.--A State agency or 
        organization may not use more than 5 percent of the funds it 
        receives from this section for administrative expenses, 
        including expenses incurred in preparing reports under 
        subsection (h).</DELETED>
<DELETED>    ``(h) Report.--Each State agency or organization that 
receives a grant under this section shall submit to the Institute, at 
such times and in such format as the Institute may require, a report 
that contains--</DELETED>
        <DELETED>    ``(1) a summary of the activities carried out 
        under the grant and an assessment of the effectiveness of such 
        activities in achieving ongoing compliance with the standards 
        formulated pursuant to section 201(b) of the Innocence 
        Protection Act of 2001 and improving the quality of 
        representation in capital cases; and</DELETED>
        <DELETED>    ``(2) such other information as the Institute may 
        require.</DELETED>
<DELETED>    ``(i) Report to Congress.--Not later than 90 days after 
the end of each fiscal year for which grants are made under this 
section, the Institute shall submit to Congress a report that 
includes--</DELETED>
        <DELETED>    ``(1) the aggregate amount of grants made under 
        this part to each State agency or organization for such fiscal 
        year;</DELETED>
        <DELETED>    ``(2) a summary of the information provided in 
        compliance with subsection (h); and</DELETED>
        <DELETED>    ``(3) an independent evaluation of the 
        effectiveness of the programs that received funding under this 
        section in achieving ongoing compliance with the standards 
        formulated pursuant to section 201(b) of the Innocence 
        Protection Act of 2001 and improving the quality of 
        representation in capital cases.</DELETED>
<DELETED>    ``(j) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `capital case'--</DELETED>
                <DELETED>    ``(A) 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</DELETED>
                <DELETED>    ``(B) includes all proceedings filed in 
                connection with the case, up to and including direct 
                appellate review and post-conviction review in State 
                court; and</DELETED>
        <DELETED>    ``(2) the term `representation' includes counsel 
        and investigative, expert, and other services necessary for 
        adequate representation.</DELETED>
<DELETED>    ``(k) Authorization of Appropriations.--</DELETED>
        <DELETED>    ``(1) In general.--There are authorized to be 
        appropriated to carry out this section, in addition to other 
        amounts authorized by this Act, to remain available until 
        expended, $50,000,000 for fiscal year 2002, and such sums as 
        may be necessary for fiscal years 2003 and 2004.</DELETED>
        <DELETED>    ``(2) Technical assistance and training.--Not more 
        than 3 percent of the amount made available under paragraph (1) 
        for a fiscal year shall be available for technical assistance 
        and training activities by the Institute under subsection 
        (e).</DELETED>
        <DELETED>    ``(3) Evaluations.--Up to 5 percent of the amount 
        authorized to be appropriated under paragraph (1) in any fiscal 
        year may be used for administrative expenses, including 
        expenses incurred in preparing reports under subsection 
        (i).''.</DELETED>

<DELETED>SEC. 203. AMENDMENTS TO PRISON GRANT PROGRAMS.</DELETED>

<DELETED>    (a) In General.--Subtitle A of title II of the Violent 
Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13701 et seq.) 
is amended by adding at the end the following:</DELETED>

<DELETED>``SEC. 20110. STANDARDS FOR CAPITAL REPRESENTATION.</DELETED>

<DELETED>    ``(a) Withholding of Funds for Noncompliance With 
Standards for Capital Representation.--</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General shall 
        withhold a portion of any grant funds awarded to a State or 
        unit of local government under this subtitle on the first day 
        of each fiscal year after the second fiscal year beginning 
        after September 30, 2001, if such State, or the State to which 
        such unit of local government appertains--</DELETED>
                <DELETED>    ``(A) prescribes, authorizes, or permits 
                the penalty of death for any offense, and sought, 
                imposed, or administered such penalty at any time 
                during the preceding 5 fiscal years; and</DELETED>
                <DELETED>    ``(B) has not established or does not 
                maintain an effective system for providing adequate 
                representation for indigent persons in capital cases, 
                in compliance with the standards formulated by the 
                National Commission on Capital Representation pursuant 
                to section 201(b) of the Innocence Protection Act of 
                2001.</DELETED>
        <DELETED>    ``(2) Withholding formula.--The amount to be 
        withheld under paragraph (1) shall be, in the first fiscal year 
        that a State is not in compliance, 10 percent of any grant 
        funds awarded under this subtitle to such State and any unit of 
        local government appertaining thereto, and shall increase by 10 
        percent for each year of noncompliance thereafter, up to a 
        maximum of 60 percent.</DELETED>
        <DELETED>    ``(3) Disposition of withheld funds.--Funds 
        withheld under this subsection from apportionment to any State 
        or unit of local government shall be allotted by the Attorney 
        General and paid to the States and units of local government 
        receiving a grant under this subtitle, other than any State 
        referred to in paragraph (1), and any unit of local government 
        appertaining thereto, in a manner equivalent to the manner in 
        which the allotment under this subtitle was 
        determined.</DELETED>
<DELETED>    ``(b) Waiver of Withholding Requirement.--</DELETED>
        <DELETED>    ``(1) In general.--The Attorney General may waive 
        in whole or in part the application of the requirement of 
        subsection (a) for any 1-year period with respect to any State, 
        where immediately preceding such 1-year period the Attorney 
        General finds that such State has made and continues to make a 
        good faith effort to comply with the standards formulated by 
        the National Commission on Capital Representation pursuant to 
        section 201(b) of the Innocence Protection Act of 
        2001.</DELETED>
        <DELETED>    ``(2) Limitation on waiver authority.--The 
        Attorney General may not grant a waiver under paragraph (1) 
        with respect to any State for 2 consecutive 1-year 
        periods.</DELETED>
        <DELETED>    ``(3) Limitation on use of funds.--If the Attorney 
        General grants a waiver under paragraph (1), the State shall be 
        required to use the total amount of grant funds awarded to such 
        State or any unit of local government appertaining thereto 
        under this subtitle that would have been withheld under 
        subsection (a) but for the waiver to improve the capability of 
        such State to provide adequate representation in capital 
        cases.</DELETED>
<DELETED>    ``(c) Report to Congress.--Not later than 180 days after 
the end of each fiscal year for which grants are made under this 
subtitle, the Attorney General shall submit to Congress a report that 
includes, with respect to each State that prescribes, authorizes, or 
permits the penalty of death for any offense--</DELETED>
        <DELETED>    ``(1) a detailed description of such State's 
        system for providing representation to indigent persons in 
        capital cases;</DELETED>
        <DELETED>    ``(2) the amount of any grant funds withheld under 
        subsection (a) for such fiscal year from such State or any unit 
        of local government appertaining thereto, and an explanation of 
        why such funds were withheld; and</DELETED>
        <DELETED>    ``(3) the amount of any grant funds released to 
        such State for such fiscal year pursuant to a waiver by the 
        Attorney General under subsection (b), and an explanation of 
        why waiver was granted.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The table of 
contents in section 2 of the Violent Crime Control and Law Enforcement 
Act of 1994 is amended by inserting after the item relating to section 
20109 the following:</DELETED>

<DELETED>``Sec. 20110. Standards for capital representation.''.

<DELETED>SEC. 204. EFFECT ON PROCEDURAL DEFAULT RULES.</DELETED>

<DELETED>    (a) In General.--Section 2254(e) of title 28, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``In a 
        proceeding'' and inserting ``Except as provided in paragraph 
        (3), in a proceeding''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) In a proceeding instituted by an applicant 
        under sentence of death, the court shall neither presume 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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the State did not provide 
                representation to the applicant under a State system 
                for providing representation that satisfied the 
                standards formulated by the National Commission on 
                Capital Representation pursuant to section 201(b) of 
                the Innocence Protection Act of 2001.''.</DELETED>
<DELETED>    (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 
Representation pursuant to section 201(b) of the Innocence Protection 
Act of 2001.</DELETED>

<DELETED>SEC. 205. CAPITAL DEFENSE RESOURCE GRANTS.</DELETED>

<DELETED>    Section 3006A of title 18, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (i), (j), and (k) 
        as subsections (j), (k), and (l), respectively; and</DELETED>
        <DELETED>    (2) by inserting after subsection (h) the 
        following:</DELETED>
<DELETED>    ``(i) Capital Defense Resource Grants.--</DELETED>
        <DELETED>    ``(1) Definitions.--In this subsection--</DELETED>
                <DELETED>    ``(A) the term `capital case'--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) includes all proceedings 
                        filed in connection with the case, including 
                        trial, appellate, and Federal and State post-
                        conviction proceedings;</DELETED>
                <DELETED>    ``(B) the term `defense services' 
                includes--</DELETED>
                        <DELETED>    ``(i) recruitment of 
                        counsel;</DELETED>
                        <DELETED>    ``(ii) training of counsel; 
                        and</DELETED>
                        <DELETED>    ``(iii) legal and administrative 
                        support and assistance to counsel; 
                        and</DELETED>
                <DELETED>    ``(C) the term `Director' means the 
                Director of the Administrative Office of the United 
                States Courts.</DELETED>
        <DELETED>    ``(2) Grant award and contract authority.--
        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.</DELETED>
        <DELETED>    ``(3) Purposes.--Grants and contracts awarded 
        under this subsection shall be used in connection with capital 
        cases in the jurisdiction of the grant recipient for 1 or more 
        of the following purposes:</DELETED>
                <DELETED>    ``(A) Enhancing the availability, 
                competence, and prompt assignment of counsel.</DELETED>
                <DELETED>    ``(B) Encouraging continuity of 
                representation between Federal and State 
                proceedings.</DELETED>
                <DELETED>    ``(C) Increasing the efficiency with which 
                such cases are resolved.</DELETED>
        <DELETED>    ``(4) Guidelines.--The Director, in consultation 
        with the Judicial Conference of the United States, shall 
        develop guidelines to ensure that defense services provided by 
        recipients of grants and contracts awarded under this 
        subsection are consistent with applicable legal and ethical 
        proscriptions governing the duties of counsel in capital 
        cases.</DELETED>
        <DELETED>    ``(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 
        Institute Act of 1984.''.</DELETED>

         <DELETED>TITLE III--MISCELLANEOUS PROVISIONS</DELETED>

<DELETED>SEC. 301. INCREASED COMPENSATION IN FEDERAL CASES.</DELETED>

<DELETED>    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 plaintiff who was unjustly 
sentenced to death may be awarded not more than $100,000 for each 12-
month period of incarceration.''.</DELETED>

<DELETED>SEC. 302. COMPENSATION IN STATE DEATH PENALTY CASES.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (1) striking ``and'' at the end of subparagraph 
        (A);</DELETED>
        <DELETED>    (2) striking the period at the end of subparagraph 
        (B) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) adding at the end the following:</DELETED>
                <DELETED>    ``(C) provide assurances to the Attorney 
                General that the State, if it prescribes, authorizes, 
                or permits the penalty of death for any offense, has 
                established or will establish not later than 18 months 
                after the enactment of the Innocence Protection Act of 
                2001, effective procedures for--</DELETED>
                        <DELETED>    ``(i) reasonably compensating 
                        persons found to have been unjustly convicted 
                        of an offense against the State and sentenced 
                        to death; and</DELETED>
                        <DELETED>    ``(ii) investigating the causes of 
                        such unjust convictions, publishing the results 
                        of such investigations, and taking steps to 
                        prevent such errors in future 
                        cases.''.</DELETED>

<DELETED>SEC. 303. CERTIFICATION REQUIREMENT IN FEDERAL DEATH PENALTY 
              PROSECUTIONS.</DELETED>

<DELETED>    (a) In General.--Chapter 228 of title 28, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 3599. Certification requirement</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Requirements.--A certification under subsection (a) 
shall state the basis on which the certification was made and the 
reasons for the certification.</DELETED>
<DELETED>    ``(c) State Interest.--In States where the imposition 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 prosecution.</DELETED>
<DELETED>    ``(d) Definition of State.--For purposes of this section, 
the term `State' includes a State of the United States, the District of 
Columbia, and any commonwealth, territory, or possession of the United 
States.</DELETED>
<DELETED>    ``(e) Rule of Construction.--This section does not create 
any rights, substantive or procedural, enforceable at law by any party 
in any matter civil or criminal.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendment.--The analysis for 
chapter 228 of title 28, United States Code, is amended by adding at 
the end the following:</DELETED>

<DELETED>``3599. Certification requirement.''.

<DELETED>SEC. 304. ALTERNATIVE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY 
              OF RELEASE.</DELETED>

<DELETED>    (a) Purpose.--The purpose of this section is to clarify 
that juries in death penalty prosecutions brought under the drug 
kingpin statute--like juries in all other Federal death penalty 
prosecutions--have the option of recommending life imprisonment without 
possibility of release.</DELETED>
<DELETED>    (b) Clarification.--Section 408(l) of the Controlled 
Substances Act (21 U.S.C. 848(l)), is amended by striking the first 2 
sentences and inserting the following: ``Upon a recommendation under 
subsection (k) that the defendant should be sentenced to death or life 
imprisonment without possibility of release, the court shall sentence 
the defendant accordingly. Otherwise, the court shall impose any lesser 
sentence that is authorized by law.''.</DELETED>

<DELETED>SEC. 305. RIGHT TO AN INFORMED JURY.</DELETED>

<DELETED>    Section 20105(b)(1) of the Violent Crime Control and Law 
Enforcement Act of 1994 (42 U.S.C. 13705(b)(1)), as amended by section 
302 of this Act, is amended by--</DELETED>
        <DELETED>    (1) striking ``and'' at the end of subparagraph 
        (B);</DELETED>
        <DELETED>    (2) striking the period at the end of subparagraph 
        (C) and inserting ``; and''; and</DELETED>
        <DELETED>    (3) adding at the end the following:</DELETED>
                <DELETED>    ``(D) provide assurances to the Attorney 
                General that in any capital sentencing proceeding 
                occurring after the date of enactment of the Innocence 
                Protection Act of 2001 in which the jury has a role in 
                determining the sentence imposed on the defendant, the 
                court, at the request of the defendant, shall inform 
                the jury of all statutorily authorized sentencing 
                options in the particular case, including applicable 
parole eligibility rules and terms.''.</DELETED>

<DELETED>SEC. 306. ANNUAL REPORTS.</DELETED>

<DELETED>    (a) Report.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Attorney General 
shall prepare and transmit to Congress a report concerning the 
administration of capital punishment laws by the Federal Government and 
the States.</DELETED>
<DELETED>    (b) Report Elements.--The report required under subsection 
(a) shall include substantially the same categories of information as 
are included in the Bureau of Justice Statistics Bulletin entitled 
``Capital Punishment 1999'' (December 2000, NCJ 184795), and shall also 
include the following additional categories of information, if such 
information can practicably be obtained:</DELETED>
        <DELETED>    (1) The percentage of death-eligible cases in 
        which a death sentence is sought, and the percentage in which 
        it is imposed.</DELETED>
        <DELETED>    (2) The race of the defendants in death-eligible 
        cases, including death-eligible cases in which a death sentence 
        is not sought, and the race of the victims.</DELETED>
        <DELETED>    (3) The percentage of capital cases in which 
        counsel is retained by the defendant, and the percentage in 
        which counsel is appointed by the court.</DELETED>
        <DELETED>    (4) The percentage of capital cases in which life 
        without parole is available as an alternative to a death 
        sentence, and the sentences imposed in such cases.</DELETED>
        <DELETED>    (5) The percentage of capital cases in which life 
        without parole is not available as an alternative to a death 
        sentence, and the sentences imposed in such cases.</DELETED>
        <DELETED>    (6) The frequency with which various statutory 
        aggravating factors are invoked by the prosecution.</DELETED>
        <DELETED>    (7) The percentage of cases in which a death 
        sentence or a conviction underlying a death sentence is 
        vacated, reversed, or set aside, and a short statement of the 
        reasons therefore.</DELETED>
<DELETED>    (c) Request for Assistance.--In compiling the information 
referred to in subsection (b), the Attorney General shall, when 
necessary, request assistance from State and local prosecutors, defense 
attorneys, and courts, as appropriate. Requested assistance, whether 
provided or denied by a State or local official or entity, shall be 
noted in the reports referred to in subsection (a).</DELETED>
<DELETED>    (d) Public Disclosure.--The Attorney General or the 
Director of the Bureau of Justice Assistance, as appropriate, shall 
ensure that the reports referred to in subsection (a) are--</DELETED>
        <DELETED>    (1) distributed to national print and broadcast 
        media; and</DELETED>
        <DELETED>    (2) posted on an Internet website maintained by 
        the Department of Justice.</DELETED>

<DELETED>SEC. 307. SENSE OF CONGRESS REGARDING THE EXECUTION OF 
              JUVENILE OFFENDERS AND THE MENTALLY RETARDED.</DELETED>

<DELETED>    It is the sense of Congress that the death penalty is 
disproportionate and offends contemporary standards of decency when 
applied to a person who is mentally retarded or who had not attained 
the age of 18 years at the time of the offense.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Innocence 
Protection Act of 2002''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability clause.

         TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING

Sec. 101. Post-conviction DNA testing in Federal criminal justice 
                            system.
Sec. 102. Post-conviction DNA testing in State criminal justice 
                            systems.
Sec. 103. Prohibition pursuant to section 5 of the 14th amendment.
Sec. 104. Grants to prosecutors for DNA testing programs.

    TITLE II--IMPROVING STATE SYSTEMS FOR PROVIDING COMPETENT LEGAL 
                       SERVICES IN CAPITAL CASES

Sec. 201. Capital representation system improvement grants.
Sec. 202. Enforcement suits.
Sec. 203. Grants to qualified capital defender organizations.
Sec. 204. Grants to train prosecutors, defense counsel, and State and 
                            local judges handling State capital cases.

   TITLE III--RIGHT TO REVIEW OF THE DEATH PENALTY UPON THE GRANT OF 
                               CERTIORARI

Sec. 301. Protecting the rights of death row inmates to review of cases 
                            granted certiorari.

          TITLE IV--COMPENSATION FOR THE WRONGFULLY CONVICTED

Sec. 401. Increased compensation in Federal cases.
Sec. 402. Sense of Congress regarding compensation in State death 
                            penalty cases.

          TITLE V--STUDENT LOAN REPAYMENT FOR PUBLIC ATTORNEYS

Sec. 501. Student loan repayment for public attorneys.

SEC. 2. SEVERABILITY CLAUSE.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

         TITLE I--EXONERATING THE INNOCENT THROUGH DNA TESTING

SEC. 101. POST-CONVICTION DNA TESTING IN FEDERAL CRIMINAL JUSTICE 
              SYSTEM.

    (a) In General.--Part VI of title 28, United States Code, is 
amended by inserting after chapter 155 the following:

                       ``CHAPTER 156--DNA TESTING

``Sec.
``2291. DNA testing.
``2292. Preservation of evidence.
``Sec. 2291. DNA testing
    ``(a) Application.--Notwithstanding any other provision of law, a 
person convicted of a Federal crime may apply to the appropriate 
Federal court for DNA testing by asserting under oath that the person 
did not commit--
            ``(1) the Federal crime of which the person was convicted; 
        or
            ``(2) any other offense that a sentencing authority may 
        have relied upon when it sentenced the person with respect to 
        the Federal crime either to death or to an enhanced term of 
        imprisonment as a career offender or armed career criminal.
    ``(b) Notice to Government.--The court shall notify the Government 
of an application made under subsection (a) and shall afford the 
Government an opportunity to respond.
    ``(c) Preservation Order.--The court shall order that all evidence 
secured in relation to the case that could be subjected to DNA testing 
must be preserved during the pendency of the proceeding. The court may 
impose appropriate sanctions, including criminal contempt, for the 
intentional destruction of evidence after such an order.
    ``(d) Order.--
            ``(1) In general.--The court shall order DNA testing 
        pursuant to an application made under subsection (a) upon a 
        determination that--
                    ``(A) the evidence is still in existence, and in 
                such a condition that DNA testing may be conducted;
                    ``(B) the evidence was never previously subjected 
                to DNA testing, or was not subject to the type of DNA 
                testing that is now requested and that may resolve an 
                issue not resolved by previous testing;
                    ``(C) the proposed DNA testing uses a 
                scientifically valid technique;
                    ``(D) the proposed DNA testing has the scientific 
                potential to produce new, noncumulative evidence which 
                is material to the claim of the applicant that the 
                applicant did not commit, and which raises a reasonable 
                probability that the applicant would not have been 
                convicted of--
                            ``(i) the Federal crime of which the 
                        applicant was convicted; or
                            ``(ii) any other offense that a sentencing 
                        authority may have relied upon when it 
                        sentenced the applicant with respect to the 
                        Federal crime either to death or to an enhanced 
                        term of imprisonment as a career offender or 
                        armed career criminal; and
                    ``(E) the identity of the perpetrator was or should 
                have been a significant issue in the case.
            ``(2) Limitation.--
                    ``(A) In general.--The court shall not order DNA 
                testing under paragraph (1) if the Government proves by 
                a preponderance of the evidence that the application 
                for testing was made to interfere with the 
                administration of justice rather than to support a 
                claim described in paragraph (1)(D).
                    ``(B) Government's claim.--The Government's claim 
                under subparagraph (A)--
                            ``(i) may be supported by evidence of the 
                        defendant's unexplained delay in seeking 
                        testing;
                            ``(ii) may be supported by evidence that 
                        the defendant's attorney presented at trial an 
                        affirmative defense that is factually 
                        inconsistent with the current application; and
                            ``(iii) shall succeed if the defendant 
                        testified at trial in support of an affirmative 
                        defense that is factually inconsistent with the 
                        current application.
            ``(3) Testing procedures.--If the court orders DNA testing 
        under paragraph (1), the court shall impose reasonable 
        conditions on such testing designed to protect the integrity of 
        the evidence and the testing process and the reliability of the 
        test results, including a condition that the test results are 
        simultaneously disclosed to defense counsel, prosecuting 
        counsel, and the court of jurisdiction.
    ``(e) Cost.--The cost of DNA testing ordered under subsection (c) 
shall be borne by the Government or the applicant, as the court may 
order in the interests of justice, except that an applicant shall not 
be denied testing because of an inability to pay the cost of testing.
    ``(f) Counsel.--The court may at any time appoint counsel for an 
indigent applicant under this section pursuant to section 
3006A(a)(2)(B) of title 18.
    ``(g) Post-Testing Procedures.--
            ``(1) Inconclusive results.--If the results of DNA testing 
        conducted under this section are inconclusive, the court may 
        order such further testing as may be appropriate or dismiss the 
        application.
            ``(2) Results unfavorable to applicant.--If the results of 
        DNA testing conducted under this section inculpate the 
        applicant, the court shall--
                    ``(A) dismiss the application;
                    ``(B) assess the applicant for the cost of the 
                testing;
                    ``(C) submit applicant's DNA testing results to the 
                Department of Justice for inclusion in the Combined DNA 
                Index System; and
                    ``(D) make such further orders as may be 
                appropriate, including an order of contempt.
            ``(3) Results favorable to applicant.--If the results of 
        DNA testing conducted under this section are favorable to the 
        applicant, the court shall order a hearing and thereafter make 
        such further orders as may be appropriate under applicable 
        rules and statutes regarding post-conviction proceedings, 
        notwithstanding any provision of law that would bar such 
        hearing or orders as untimely.
    ``(h) Rules of Construction.--
            ``(1) Other post-conviction relief unaffected.--Nothing in 
        this section shall be construed to limit the circumstances 
        under which a person may obtain DNA testing or other post-
        conviction relief under any other provision of law.
            ``(2) Finality rule unaffected.--An application under this 
        section shall not be considered a motion under section 2255 for 
        purposes of determining whether it or any other motion is a 
        second or successive motion under section 2255.
    ``(i) Definitions.--In this section:
            ``(1) Appropriate federal court.--The term `appropriate 
        Federal court' means--
                    ``(A) the United States District Court which 
                imposed the sentence from which the applicant seeks 
                relief; or
                    ``(B) in relation to a crime under the Uniform Code 
                of Military Justice, the United States District Court 
                having jurisdiction over the place where the court 
                martial was convened that imposed the sentence from 
                which the applicant seeks relief, or the United States 
                District Court for the District of Columbia, if no 
                United States District Court has jurisdiction over the 
                place where the court martial was convened.
            ``(2) Federal crime.--The term `Federal crime' includes a 
        crime under the Uniform Code of Military Justice.
``Sec. 2292. Preservation of evidence
    ``(a) In General.--Notwithstanding any other provision of law and 
subject to subsection (b), the Government shall preserve all evidence 
that was secured in relation to the investigation or prosecution of a 
Federal crime (as that term is defined in section 2291(i)), and that 
could be subjected to DNA testing, for not less than the period of time 
that any person remains subject to incarceration in connection with the 
investigation or prosecution.
    ``(b) Exceptions.--The Government may dispose of evidence before 
the expiration of the period of time described in subsection (a) if--
            ``(1) other than subsection (a), no statute, regulation, 
        court order, or other provision of law requires that the 
        evidence be preserved; and
            ``(2)(A)(i) the Government notifies any person who remains 
        incarcerated in connection with the investigation or 
        prosecution and any counsel of record for such person (or, if 
        there is no counsel of record, the public defender for the 
        judicial district in which the conviction for such person was 
        imposed), of the intention of the Government to dispose of the 
        evidence and the provisions of this chapter; and
            ``(ii) the Government affords such person not less than 180 
        days after such notification to make an application under 
        section 2291(a) for DNA testing of the evidence; or
            ``(B)(i) 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
            ``(ii) the Government takes reasonable measures to remove 
        and preserve portions of the material evidence sufficient to 
        permit future DNA testing.
    ``(c) Remedies for Noncompliance.--
            ``(1) General limitation.--Nothing in this section shall be 
        construed to give rise to a claim for damages against the 
        United States, or any employee of the United States, any court 
        official or officer of the court, or any entity contracting 
        with the United States.
            ``(2) Civil penalty.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                an individual who knowingly violates a provision of 
                this section or a regulation prescribed under this 
                section shall be liable to the United States for a 
                civil penalty in an amount not to exceed $1,000 for the 
                first violation and $5,000 for each subsequent 
                violation, except that the total amount imposed on the 
                individual for all such violations during a calendar 
                year may not exceed $25,000.
                    ``(B) Procedures.--The provisions of section 405 of 
                the Controlled Substances Act (21 U.S.C. 844a) (other 
                than subsections (a) through (d) and subsection (j)) 
                shall apply to the imposition of a civil penalty under 
                subparagraph (A) in the same manner as such provisions 
                apply to the imposition of a penalty under section 405.
                    ``(C) Prior conviction.--A civil penalty may not be 
                assessed under subparagraph (A) with respect to an act 
                if that act previously resulted in a conviction under 
                chapter 73 of title 18.
            ``(3) Regulations.--
                    ``(A) In general.--The Attorney General shall 
                promulgate regulations to implement and enforce this 
                section.
                    ``(B) Contents.--The regulations shall include the 
                following:
                            ``(i) Disciplinary sanctions, including 
                        suspension or termination from employment, for 
                        employees of the Department of Justice who 
                        knowingly or repeatedly violate a provision of 
                        this section.
                            ``(ii) An administrative procedure through 
                        which parties can file formal complaints with 
                        the Department of Justice alleging violations 
                        of this section.''.
    (b) Criminal Penalty.--Chapter 73 of title 18, United States Code, 
is amended by inserting at the end the following:
``Sec. 1519. Destruction or altering of DNA evidence
    ``Whoever willfully or maliciously destroys, alters, conceals, or 
tampers with evidence that is required to be preserved under section 
2292 of title 28, United States Code, with intent to--
            ``(1) impair the integrity of that evidence;
            ``(2) prevent that evidence from being subjected to DNA 
        testing; or
            ``(3) prevent the production or use of that evidence in an 
        official proceeding,
shall be fined under this title or imprisoned not more than 5 years, or 
both.''.
    (c) Testing of Federal Inmates.--The Attorney General is authorized 
to conduct a systematic review of Federal cases in which a defendant 
was sentenced to death to identify cases in which DNA evidence is 
readily accessible and DNA testing is appropriate and to conduct DNA 
testing in such cases within 12 months of enactment of this Act.
    (d) Technical and Conforming Amendments.--
            (1) The analysis for part VI of title 28, United States 
        Code, is amended by inserting after the item relating to 
        chapter 155 the following:

``156. DNA testing..........................................    2291''.
            (2) The table of contents for Chapter 73 of title 18, 
        United States Code, is amended by inserting after the item 
        relating to section 1518 the following:

``1519. Destruction or altering of DNA evidence.''.

SEC. 102. POST-CONVICTION DNA TESTING IN STATE CRIMINAL JUSTICE 
              SYSTEMS.

    (a) Certification Regarding Post-Conviction Testing and 
Preservation of DNA Evidence.--If any part of funds received from a 
grant made under a program listed in subsection (b) is to be used to 
develop or improve a DNA analysis capability in a forensic laboratory, 
or to collect, analyze, or index DNA samples for law enforcement 
identification purposes, the State applying for that grant must certify 
that it will--
            (1) make post-conviction DNA testing available to any 
        person convicted of a State crime in a manner consistent with 
        section 2291 of title 28, United States Code, and, if the 
        results of such testing are favorable to such person, allow 
        such person to apply for post-conviction relief, 
        notwithstanding any provision of law that would bar such 
        application as untimely;
            (2) preserve all evidence that was secured in relation to 
        the investigation or prosecution of a State crime, and that 
        could be subjected to DNA testing, for not less than the period 
        of time that such evidence would be required to be preserved 
        under section 2292 of title 28, United States Code, if the 
        evidence were related to a Federal crime;
            (3) in cases where DNA evidence exonerates an inmate, 
        investigate the causes of such convictions, publish the results 
        of such investigations, and take steps to prevent such errors 
        in future cases; and
            (4) establish a program under which State and local 
        prosecutors shall conduct a systematic review of cases in which 
        a defendant was sentenced to death to identify cases in which 
        DNA evidence is readily accessible and DNA testing is 
        appropriate and to conduct DNA testing in such cases not later 
        than 18 months after the date of enactment of this Act.
    (b) Programs Affected.--The certification requirement established 
by subsection (a) shall apply with respect to grants made under the 
following programs or any successor program:
            (1) DNA analysis backlog elimination grants.--Section 2 of 
        the DNA Analysis Backlog Elimination Act of 2000 (Public Law 
        106-546).
            (2) Paul coverdell national forensic sciences improvement 
        grants.--Part BB of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (as added by Public Law 106-561).
            (3) DNA identification grants.--Part X of title I of the 
        Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
        3796kk et seq.).
            (4) Drug control and system improvement grants.--Subpart 1 
        of part E of title I of the Omnibus Crime Control and Safe 
        Streets Act of 1968 (42 U.S.C. 3751 et seq.).
            (5) Public safety and community policing grants.--Part Q of 
        title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (42 U.S.C. 3796dd et seq.).
    (c) Effective Date.--This section shall apply with respect to any 
grant made on or after the date that is 1 year after the date of 
enactment of this Act.

SEC. 103. PROHIBITION PURSUANT TO SECTION 5 OF THE 14TH AMENDMENT.

    (a) Findings and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) Over the past decade, DNA testing has emerged 
                as the most reliable forensic technique for identifying 
                criminals when biological material is left at a crime 
                scene.
                    (B) Because of its scientific precision, DNA 
                testing can, in some cases, conclusively establish the 
                guilt or innocence of a criminal defendant. In other 
                cases, DNA testing may not conclusively establish guilt 
                or innocence, but may have significant probative value 
                to a finder of fact.
                    (C) While DNA testing is increasingly commonplace 
                in pretrial investigations today, it was not widely 
                available in cases tried prior to 1994. Moreover, new 
                forensic DNA testing procedures have made it possible 
                to get results from minute samples that could not 
previously be tested, and to obtain more informative and accurate 
results than earlier forms of forensic DNA testing could produce. 
Consequently, in some cases convicted inmates have been exonerated by 
new DNA tests after earlier tests had failed to produce definitive 
results.
                    (D) Since DNA testing is often feasible on relevant 
                biological material that is decades old, it can, in 
                some circumstances, prove that a conviction that 
                predated the development of DNA testing was based upon 
                incorrect factual findings. Uniquely, DNA evidence 
                showing innocence, produced decades after a conviction, 
                provides a more reliable basis for establishing a 
                correct verdict than any evidence proffered at the 
                original trial. DNA testing, therefore, can and has 
                resulted in the post-conviction exoneration of innocent 
                men and women.
                    (E) In more than 100 cases in the United States, 
                DNA evidence has led to the exoneration of innocent men 
                and women who were wrongfully convicted. This number 
                includes at least 12 individuals sentenced to death, 
                some of whom came within days of being executed.
                    (F) In more than a dozen cases, post-conviction DNA 
                testing that has exonerated an innocent person has also 
                enhanced public safety by providing evidence that led 
                to the identification of the actual perpetrator.
                    (G) Experience has shown that it is not unduly 
                burdensome to make DNA testing available to inmates. 
                The cost of that testing is relatively modest and has 
                decreased in recent years. Moreover, the number of 
                cases in which post-conviction DNA testing is 
                appropriate is small, and will decrease as pretrial 
                testing becomes more common.
                    (H) Under current law in many States, it is 
                difficult to obtain post-conviction DNA testing because 
                of time limits on introducing newly discovered 
                evidence. Motions for a new trial based on newly 
                discovered evidence must be made not later than 2 years 
                after conviction, and sometimes much sooner. The result 
                is that laws intended to prevent the use of evidence 
                that has become less reliable over time have been used 
                to preclude the use of DNA evidence that remains highly 
                reliable even decades after trial.
                    (I) Since New York passed the Nation's first post-
                conviction DNA statute in 1994, a number of States have 
                adopted post-conviction DNA testing procedures, but 
                some of these procedures are unduly restrictive, and 
                many States have not adopted such procedures. Moreover, 
                only a handful of States have passed legislation 
                requiring that biological evidence be adequately 
                preserved.
                    (J) In Herrera v. Collins, 506 U.S. 390 (1993), a 
                majority of the members of the Court suggested that a 
                persuasive showing of innocence made after trial would 
                render the execution of an inmate unconstitutional. The 
                principle is no different for one who has been 
                sentenced not to death, but to a term of extended 
                incarceration.
                    (K) It shocks the conscience and offends social 
                standards of fairness to deny inmates a right of access 
                to evidence for tests that could produce persuasive 
                evidence of their innocence.
                    (L) If biological material is not subjected to DNA 
                testing in appropriate cases, there is a significant 
                risk that persuasive evidence of innocence will not be 
                detected and, accordingly, that innocent persons will 
                be unconstitutionally incarcerated or executed.
                    (M) Given the irremediable constitutional harm that 
                would result from the punishment of an innocent person, 
                a Federal statute assuring access to evidence for the 
                purpose of DNA testing is a congruent and proportional 
                prophylactic measure to prevent constitutional injuries 
                from occurring.
            (2) Purpose.--The purpose of this section is to prevent the 
        imposition of unconstitutional punishments through the exercise 
        of power granted by clause 1 of section 8 and clause 2 of 
        section 9 of article I of the Constitution of the United States 
        and section 5 of the 14th amendment to the Constitution of the 
        United States.
    (b) Application for DNA Testing.--No State shall deny a prisoner in 
State custody access to evidence for the purpose of DNA testing, if the 
proposed DNA testing has the scientific potential to produce new, 
noncumulative evidence which is material to the claim of the prisoner 
that the prisoner did not commit, and which raises a reasonable 
probability that the prisoner would not have been convicted of--
            (1) the crime of which the prisoner was convicted; or
            (2) if the prisoner was sentenced to death, any other 
        offense that a sentencing authority may have relied upon when 
        it sentenced the prisoner to death.
    (c) Remedy.--A prisoner in State custody may enforce subsection (b) 
in a civil action for declaratory or injunctive relief, filed either in 
a State court of general jurisdiction or in a district court of the 
United States, naming an executive or judicial officer of the State as 
defendant.
    (d) Finality Rule Unaffected.--An application under this section 
shall not be considered an application for a writ of habeas corpus 
under section 2254 of title 28, United States Code, for purposes of 
determining whether it or any other application is a second or 
successive application under section 2254.

SEC. 104. GRANTS TO PROSECUTORS FOR DNA TESTING PROGRAMS.

    Section 501(b) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3751(b)) is amended--
            (1) in paragraph (27), as added by Public Law 106-177, by 
        striking ``and'' after the semicolon;
            (2) in paragraph (28), as added by Public Law 106-177, by 
        striking the period and inserting a semicolon;
            (3) by redesignating paragraph (27), as added by Public Law 
        106-561, as paragraph (29);
            (4) in paragraph (29), as redesignated, by striking the 
        period and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(30) prosecutor-initiated programs to conduct a 
        systematic review of convictions to identify cases in which DNA 
        testing is appropriate and to offer DNA testing to inmates in 
        such cases.''.

    TITLE II--IMPROVING STATE SYSTEMS FOR PROVIDING COMPETENT LEGAL 
                       SERVICES IN CAPITAL CASES

SEC. 201. CAPITAL REPRESENTATION SYSTEM IMPROVEMENT GRANTS.

    (a) Grant Authorization.--The Attorney General shall make available 
grants to States for the purpose of improving the quality of legal 
representation provided to indigent defendants in State capital cases.
    (b) Definition.--In this title, the term ``legal representation'' 
means legal counsel and investigative, expert, and other services 
necessary for competent representation.
    (c) Purposes.--Grants awarded under subsection (a) shall--
            (1) be used to establish, implement, or improve an 
        effective system described in subsection (d) for providing 
        competent legal representation to--
                    (A) indigents charged with an offense subject 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;
            (2) supplement, not supplant, existing State and local 
        funding; and
            (3) not be used to fund representation in particular cases.
    (d) Effective System.--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 an entity that--
                    (A) is established by statute or by the highest 
                State court with jurisdiction in criminal cases;
                    (B) carries out its core functions independently of 
                the executive, legislative, and judicial branches of 
                State government, provided that the participation of 
                appellate judges is not precluded; and
                    (C) may be structured to take account of the size 
                and demography of the State;
            (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) appoint 2 attorneys from the roster to 
                represent an indigent in a capital case upon receiving 
                notice of the need;
                    (D) provide for periodic training programs for 
                attorneys representing indigents in capital cases; and
                    (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 representation or who fail to comply 
                with such requirements as the entity may establish 
                regarding training programs; and
            (3) provides attorneys appointed to represent indigents in 
        capital cases--
                    (A) reasonable compensation for actual time and 
                service, computed on an hourly basis, at a rate of 
                compensation that is comparable (subject to cost of 
                living differences among States) to the rate typically 
                paid to attorneys appointed to represent capital 
                clients in Federal court proceedings, except that the 
                requirement of reasonable compensation shall not be 
                interpreted to require a State to compensate counsel at 
                a rate in excess of the Federal rate; and
                    (B) reasonable reimbursement for the costs of 
                staff, investigators, experts, tests and other support 
                services in a manner comparable to the manner in which 
                such expenses are reimbursed in Federal capital cases.
    (e) Factors.--In determining whether to include or maintain an 
attorney on the roster of attorneys who may be appointed to represent 
indigents in capital cases, an entity described in subsection (d)(1) 
shall--
            (1) consider whether, during the past 5 years, the 
        attorney--
                    (A) has been sanctioned by a bar association or 
                court for ethical misconduct relating to the attorney's 
                conduct as defense counsel in a felony case in Federal 
                or State court;
                    (B) has been found, after a final determination by 
                a Federal or State court, to have rendered 
                constitutionally ineffective assistance of counsel in a 
                felony case in Federal or State court; or
                    (C) has asserted under oath or in writing in 
                relation to 3 or more felony cases in Federal or State 
                court that he or she has rendered constitutionally 
                ineffective assistance of counsel, regardless of 
                whether a court found the attorney to have rendered 
                such ineffective assistance; and
            (2) if a consideration in paragraph (1) pertains, consider 
        the nature of the act or omission that led to that sanction, 
        finding, or assertion.
    (f) Applications.--
            (1) In general.--The Attorney General shall establish a 
        process by which States may apply for a grant under this 
        section.
            (2) Requirements.--Each application shall include, in 
        addition to such other information as the Attorney General may 
        reasonably require--
                    (A) a description of the communities to be served 
                by the grant, including the nature of existing capital 
                defender services within such communities;
                    (B) assurances that Federal funds received under 
                this section shall be used to supplement and not 
                supplant non-Federal funds that would otherwise be 
                available for activities funded under this section;
                    (C) a long-term statewide strategy and detailed 
                implementation plan that reflects consultation with the 
                judiciary, the organized bar, and the attorney general 
                of the State;
                    (D) a plan for obtaining necessary resources to 
                maintain the system following termination of Federal 
                support; and
                    (E) the State's agreement to submit to enforcement 
                suits under section 202.
    (g) Federal Share.--The Attorney General shall establish a schedule 
to ensure that the Federal share of total expenditures to carry out the 
purposes of a grant under this section shall decrease and the State's 
share shall increase over the years in which a State receives 
assistance under this section, except that a State shall have no 
obligation to match any portion of the Federal expenditure in the first 
fiscal year in which it receives such assistance.
    (h) Report.--Each State receiving funds under this section shall 
submit an annual report to the Attorney General--
            (1) explaining the activities carried out with the funds 
        received;
            (2) evaluating the effectiveness of such activities in 
        establishing or maintaining an effective system; and
            (3) containing such additional information as the Attorney 
        General may require.
    (i) Monitoring.--
            (1) In general.--The Attorney General shall monitor whether 
        a State receiving funds under this section maintains an 
        effective system within the meaning of this section.
            (2) Compliance.--If the Attorney General finds that a State 
        does not maintain an effective system, he shall direct the 
        State to take such measures as he deems necessary to achieve 
        compliance with the terms of the grant and may enforce such 
        measures in Federal district court. A State may challenge the 
        need for such measures in Federal district court.
            (3) Enforcement suit.--An enforcement suit under section 
        202 shall lie regardless of whether the Attorney General takes 
        action under paragraph (2).
    (j) Reports to Congress.--
            (1) Attorney general.--Not later than 90 days after the end 
        of each fiscal year for which grants are made under this 
        section, the Attorney General shall submit a report to Congress 
        that includes the size of the grant made under this section to 
        each State for such fiscal year and an assessment of each 
        State's system for providing competent legal representation to 
        indigents in capital cases.
            (2) GAO.--Not later than 30 months after the date of 
        enactment of this Act, and every 24 months thereafter if grants 
        were made under this section during the preceding 24-month 
        period, the General Accounting Office shall submit a report to 
        Congress that includes, with respect to each State that 
        prescribes, authorizes, or permits the penalty of death for any 
        offense--
                    (A) a detailed description of any system for 
                providing representation, including counsel and 
                investigative, expert, and other services necessary for 
                effective representation, to indigent persons in 
                capital cases;
                    (B) an evaluation of the effectiveness of such 
                system in providing such representation, including an 
                assessment as to whether such system includes the 
                elements set forth in subsection (d); and
                    (C) a summary of the amounts actually paid by 
                governmental entities for such representation during 
                the fiscal years covered by the report.
    (k) Authorization of Appropriations.--To carry out this section 
there are authorized to be appropriated--
            (1) for fiscal year 2003, $50,000,000;
            (2) for fiscal year 2004, $75,000,000;
            (3) for fiscal years 2005 and 2006, $100,000,000;
            (4) for fiscal year 2007, $75,000,000; and
            (5) for fiscal year 2008, $50,000,000.
    (l) Special Authorization Rule.--In any fiscal year in which the 
amount appropriated under this section falls below the amount 
authorized, the Attorney General shall expend such portion of the sum 
appropriated to carry out the programs under parts D and E of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (referred to 
in this subsection as the ``Byrne programs''), or any successor 
programs, as is necessary to ensure that the program authorized in this 
section is funded at the authorized amount, provided that in no event 
shall the portion of the funding for the Byrne programs used for this 
purpose exceed 10 percent of the sums appropriated for the Byrne 
programs.
    (m) Conforming Change.--Section 506 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3756) is amended by adding at 
the end the following:
    ``(g) Rule.--Funding under this section is subject to the special 
authorization rule set forth at section 201(l) of the Innocence 
Protection Act of 2002.''.

SEC. 202. ENFORCEMENT SUITS.

    (a) Right of Action.--A person, acting on his own behalf and on 
behalf of the United States, may commence a civil action in a United 
States district court against an executive officer of a State that 
receives a grant under section 201, alleging that the officer fails to 
maintain an effective system for providing competent legal 
representation in capital cases within the meaning of section 201.
    (b) Limitations.--A suit may not be brought under this section 
prior to the date that is 1 year after the date on which the State 
receives a grant under section 201. A suit dismissed with prejudice may 
not be refiled within 1 year of the date on which the first suit was 
dismissed.
    (c) Consolidation.--All suits pending at the same time in 1 or more 
Federal districts against the executive officers of a single State 
shall be consolidated.
    (d) Procedure.--
            (1) Service.--A person who files a civil action authorized 
        by subsection (a) shall serve a copy of the complaint to the 
        Attorney General of the United States.
            (2) Intervention.--Not later than 90 days after a filing 
        under paragraph (1), the Attorney General shall either 
        intervene in the action or notify both the person who filed the 
        action and the Court that the United States declines to 
        intervene.
            (3) United states declines.--If the United States declines 
        to intervene, the person who filed the action shall be entitled 
        to conduct the action.
            (4) Later intervention.--The United States may intervene at 
        a later time only with leave of Court on a showing of good 
        cause.
            (5) Effect of united states intervention.--If the United 
        States intervenes--
                    (A) the Attorney General shall assume 
                responsibility for conducting the action; and
                    (B) the person who filed the action shall be 
                entitled to continue as a party and to participate in 
                all formal and informal pretrial, trial, and appellate 
                proceedings, including settlement negotiations.
    (e) Relief.--If the court concludes that the State system, for 
which the officer named as defendant is responsible, is not effective 
within the meaning of section 201, or fails to meet any other condition 
established by the Attorney General under that section, the court shall 
order appropriate declaratory or injunctive relief. The court shall 
also award costs and fees, including attorney and expert witness fees, 
to the person who commenced the action.
    (f) Status of Grant.--The pendency of a suit under this section 
shall not result in suspension of the grant under section 201, except 
as a court may order. If the court finds that the State system, for 
which the officer named as defendant is responsible, will not become 
effective in a reasonable period of time, it may order that the grant 
be disbursed pursuant to section 203.

SEC. 203. GRANTS TO QUALIFIED CAPITAL DEFENDER ORGANIZATIONS.

    (a) Alternative Grants.--If a State that authorizes capital 
punishment does not seek or does not qualify for a grant under section 
201, the Attorney General shall award a grant to 1 or more qualified 
capital defender organizations in that State in an amount determined 
under subsection (d). A grant under this section may not be made to an 
organization to provide services in a State in the same fiscal year 
that State receives a grant under section 201 except pursuant to 
section 202(f).
    (b) Qualified Capital Defender Organizations.--A qualified capital 
defender organization eligible to receive a grant under this section is 
a nonprofit organization or public defender organization comprised of 
attorneys who specialize or have substantial experience in providing 
legal services in the State to defendants in capital cases.
    (c) Uses of Funds.--Grants made under this section may be used to--
            (1) strengthen systems for providing competent legal 
        representation to--
                    (A) indigents charged with an offense subject 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;
            (2) recruit and train attorneys to provide competent legal 
        representation in capital cases; and
            (3) augment the organization's resources for providing 
        competent legal representation in capital cases.
    (d) Formula.--A grant under subsection (a) shall not be more than 
the amount that results from calculating X percent of the sum 
appropriated to carry out section 201 pursuant to subsections (k) and 
(l) of that section, and shall not be less than one-half that amount, 
where X equals the aggregate general population of all States that 
authorize the death penalty divided by the general population of the 
State in which the grantee will provide services.
    (e) Prohibition.--Grants made under this section may not be used to 
sponsor any political activities, except that--
            (1) a grantee may use grant funds to respond to requests 
        from a legislative entity regarding activities under the grant; 
        and
            (2) nothing in this section shall interfere with an 
        attorney's duty to represent a client consistent with 
        applicable ethical rules.
    (f) Considerations.--
            (1) In general.--In selecting which qualified capital 
        defender organization or organizations providing services in a 
        State shall be awarded a grant under this section, the Attorney 
        General shall consider whether an organization--
                    (A) has been found to have filed large numbers of 
                frivolous claims in State capital cases, with the 
                effect of unreasonably delaying or otherwise 
                interfering with the State's administration of its 
                capital sentencing scheme; or
                    (B) employs 1 or more attorneys who, during the 
                past 5 years--
                            (i) has been sanctioned by a bar 
                        association or court for ethical misconduct 
                        relating to the attorney's conduct as defense 
                        counsel in a felony case in Federal or State 
                        court;
                            (ii) has been found, after a final 
                        determination by a Federal or State court, to 
                        have rendered constitutionally ineffective 
                        assistance of counsel in a felony case in 
                        Federal or State court; or
                            (iii) has asserted under oath or in writing 
                        in relation to 3 or more felony cases in 
                        Federal or State court that he or she has 
                        rendered constitutionally ineffective 
                        assistance of counsel, regardless of whether a 
                        court has found the attorney to have rendered 
                        such ineffective assistance.
            (2) Nature of the act.--If a consideration in paragraph 
        (1)(B) pertains, the Attorney General shall further consider 
        the nature of the act or omission that led to the sanction, 
        finding, or assertion.
            (3) Notice.--If the Attorney General intends to deny a 
        grant to an organization based in whole or in part on a 
        consideration described in paragraph (1), the Attorney General 
        shall notify, in writing, both the organization and the House 
        and Senate Committees on the Judiciary, describing with 
        specificity the basis for such finding. No grant under this 
        section shall be denied until 30 days after such notification 
        is provided.
            (4) Consultation.--In carrying out this section, the 
        Attorney General shall consult with the Attorney General and 
        appropriate judicial officials and officials of the organized 
        bar of the State in which an organization provides services.

SEC. 204. GRANTS TO TRAIN PROSECUTORS, DEFENSE COUNSEL, AND STATE AND 
              LOCAL JUDGES HANDLING STATE CAPITAL CASES.

    (a) Competent Counsel Grant Program.--The State Justice Institute 
Act of 1984 (42 U.S.C. 10701 et seq.) is amended by inserting after 
section 207 the following:

``SEC. 207A. GRANTS TO TRAIN DEFENSE COUNSEL.

    ``(a) Grants Authorized.--The Institute may make grants to States 
and units of local government to conduct training programs to improve 
the performance and competency of defense counsel representing 
defendants charged with capital offenses in State and local courts.
    ``(b) Eligibility.--Grants authorized by this section may only be 
made for the training of defense counsel in a State that has capital 
punishment.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for fiscal years 2003 through 2007 to carry 
out this section.

``SEC. 207B. GRANTS TO TRAIN STATE AND LOCAL JUDGES.

    ``(a) Grants Authorized.--The Institute may make grants to State 
and local courts to conduct programs to train trial judges in handling 
capital cases.
    ``(b) Eligibility.--Grants authorized by this section may only be 
made to a State or local court in a State that has capital punishment.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $15,000,000 for fiscal years 2003 through 2007 to carry 
out this section.''.
    (b) Grants To Train Prosecutors.--
            (1) Grants authorized.--The Attorney General may make 
        grants to States and units of local government to conduct 
        programs to train prosecutors in handling capital cases.
            (2) Eligibility.--Grants authorized by this subsection may 
        only be made to a State or unit of local government in a State 
        that has capital punishment.
            (3) Authorization of appropriations.--There are authorized 
        to be appropriated $15,000,000 for fiscal years 2003 through 
        2007 to carry out this subsection.

   TITLE III--RIGHT TO REVIEW OF THE DEATH PENALTY UPON THE GRANT OF 
                               CERTIORARI

SEC. 301. PROTECTING THE RIGHTS OF DEATH ROW INMATES TO REVIEW OF CASES 
              GRANTED CERTIORARI.

    Section 2101 of title 28, United States Code, is amended by adding 
at the end the following:
    ``(h) Upon notice that the requisite number of justices of the 
Supreme Court have voted to grant certiorari, the Director of the 
Bureau of Prisons, the Secretary of a military branch, or any other 
Federal official with authority to carry out a death sentence, shall 
suspend the execution of the sentence of death until the Supreme Court 
enters a stay of execution or until certiorari is acted upon and the 
case is disposed of by the Supreme Court.
    ``(i) For purposes of this section, the Supreme Court shall treat a 
motion for a stay of execution as a petition for certiorari.
    ``(j) In an appeal from, or petition for certiorari in, a case in 
which the sentence is death, a stay of execution shall immediately 
issue if the requisite number of justices vote to grant certiorari. The 
stay shall remain in effect until the Supreme Court disposes of the 
case.''.

          TITLE IV--COMPENSATION FOR THE WRONGFULLY CONVICTED

SEC. 401. INCREASED COMPENSATION IN FEDERAL CASES.

    Section 2513(e) of title 28, United States Code, is amended by 
striking ``$5,000'' and inserting ``$10,000 for each 12-month period of 
incarceration''.

SEC. 402. SENSE OF CONGRESS REGARDING COMPENSATION 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 sentenced to death.

          TITLE V--STUDENT LOAN REPAYMENT FOR PUBLIC ATTORNEYS

SEC. 501. STUDENT LOAN REPAYMENT FOR PUBLIC ATTORNEYS.

    (a) In General.--The Higher Education Act of 1965 is amended by 
inserting after section 428K (20 U.S.C. 1078-11) the following:

``SEC. 428L. LOAN FORGIVENESS FOR PUBLIC ATTORNEYS.

    ``(a) Purpose.--The purpose of this section is to encourage 
qualified individuals to enter and continue employment as prosecutors 
and public defenders.
    ``(b) Definitions.--In this section:
            ``(1) Prosecutor.--The term `prosecutor' means a full-time 
        employee of a State or local agency who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) prosecutes criminal cases at the State or 
                local level.
            ``(2) Public defender.--The term `public defender' means an 
        attorney who--
                    ``(A) is continually licensed to practice law; and
                    ``(B) is a full-time employee of a State or local 
                agency, or of a nonprofit organization operating under 
                a contract with a State or unit of local government, 
                which provides legal representation services to 
                indigent persons charged with criminal offenses.
            ``(3) Student loan.--The term `student loan' means--
                    ``(A) a loan made, insured, or guaranteed under 
                this part;
                    ``(B) a loan made under part D or E; and
                    ``(C) a health education assistance loan made or 
                ensured under part A of title VII of the Public Health 
                Service Act (42 U.S.C. 292 et seq.) or under part E of 
                title VIII of such Act (42 U.S.C. 297a et seq.).
    ``(c) Program Authorized.--For the purpose of encouraging qualified 
individuals to enter and continue employment as prosecutors and public 
defenders, the Secretary shall carry out a program, through the holder 
of a loan, of assuming the obligation to repay (by direct payments on 
behalf of a borrower) a qualified loan amount for a loan made under 
section 428 or 428H, in accordance with subsection (d), for any 
borrower who--
            ``(1) is employed as a prosecutor or public defender; and
            ``(2) is not in default on a loan for which the borrower 
        seeks forgiveness.
    ``(d) Terms of Agreement.--
            ``(1) In general.--To be eligible to receive repayment 
        benefits under this section, a borrower shall enter into a 
        written agreement that specifies that--
                    ``(A) the borrower will remain employed as a 
                prosecutor or public defender for a required period of 
                service specified in the agreement (but not less than 3 
                years), unless involuntarily separated from that 
                employment;
                    ``(B) if the borrower is involuntarily separated 
                from that employment on account of misconduct, or 
                voluntarily separates from that employment, before the 
                end of the period specified in the agreement, the 
                borrower will repay the Secretary the amount of any 
                benefits received by such employee under this section;
                    ``(C) if the borrower is required to repay an 
                amount to the Secretary under subparagraph (B) and 
                fails to repay the amount described in subparagraph 
                (B), a sum equal to the amount is recoverable by the 
                Government from the employee (or such employee's 
estate, if applicable) by such method as is provided by law for the 
recovery of amounts owing to the Government;
                    ``(D) the Secretary may waive, in whole or in part, 
                a right of recovery under this subsection if it is 
                shown that recovery would be against equity and good 
                conscience or against the public interest; and
                    ``(E) the Secretary shall make student loan 
                payments under this section for the period of the 
                agreement, subject to the availability of 
                appropriations.
            ``(2) Repayments.--Any amount repaid by, or recovered from, 
        an individual (or an estate) under this subsection shall be 
        credited to the appropriation account from which the amount 
        involved was originally paid. Any amount so credited shall be 
        merged with other sums in such account and shall be available 
        for the same purposes and period, and subject to the same 
        limitations (if any), as the sums with which the amount was 
        merged.
            ``(3) Limitations.--
                    ``(A) Student loan payment amount.--Student loan 
                payments made by the Secretary under this section shall 
                be made subject to such terms, limitations, or 
                conditions as may be mutually agreed to by the borrower 
                concerned and the Secretary in the agreement described 
                in this subsection, except that the amount paid by the 
                Secretary under this section may not exceed--
                            ``(i) $6,000 for any borrower in any 
                        calendar year; or
                            ``(ii) a total of $40,000 in the case of 
                        any borrower.
                    ``(B) Beginning of payments.--Nothing in this 
                section shall be construed to authorize the Secretary 
                to pay any amount to reimburse a borrower for any 
                repayments made by such borrower prior to the date on 
                which the Secretary entered into an agreement with the 
                employee under this subsection.
    ``(e) Additional Agreements.--On completion of the required period 
of service under such an agreement, the borrower concerned and the 
Secretary may enter into an additional agreement described in 
subsection (d) for a successive period of service specified in the 
agreement (which may be less than 3 years).
    ``(f) Award Basis; Priority.--
            ``(1) Award basis.--The Secretary shall provide repayment 
        benefits under this section on a first-come, first-served basis 
        (subject to paragraph (2)) and subject to the availability of 
        appropriations.
            ``(2) Priority.--The Secretary shall give priority in 
        providing repayment benefits under this section for a fiscal 
        year to a borrower who--
                    ``(A) received repayment benefits under this 
                section for the preceding fiscal year; and
                    ``(B) has completed less than 3 years of the first 
                required period of service specified for the borrower 
                in an agreement entered into under subsection (d).
    ``(g) Regulations.--The Secretary is authorized to issue such 
regulations as may be necessary to carry out the provisions of this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each fiscal year.''.
    (b) Cancellation of Loans.--
            (1) Amendment.--Section 465(a)(2)(F) of the Higher 
        Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(F)) is amended by 
        inserting ``, or as a public defender (as defined in section 
        428L)'' after ``agencies''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply to--
                    (A) eligible loans made before, on, or after the 
                date of enactment of this Act; and
                    (B) service as a public defender that is provided 
                on or after the date of enactment of this Act.
            (3) Construction.--Nothing in this subsection or the 
        amendment made by this subsection shall be construed to 
        authorize the Secretary to pay any amount to reimburse a 
        borrower for any repayments made by such borrower prior to the 
        date on which the borrower became eligible for cancellation 
        under section 465(a) of such Act (20 U.S.C. 1087ee(a)).




                                                       Calendar No. 731

107th CONGRESS

  2d Session

                                 S. 486

                          [Report No. 107-315]

_______________________________________________________________________

                                 A BILL

To reduce the risk that innocent persons may be executed, and for other 
                               purposes.

_______________________________________________________________________

                            October 16, 2002

                       Reported with an amendment