118 STAT. 2286 PUBLIC LAW 108–405—OCT. 30, 2004 Subtitle B—Improving the Quality of Representation in State Capital Cases SEC. 421. CAPITAL REPRESENTATION IMPROVEMENT GRANTS. (a) IN GENERAL.—The Attorney General shall award grants to States for the purpose of improving the quality of legal represen tation provided to indigent defendants in State capital cases. (b) DEFINED TERM.—In this section, the term ‘‘legal representa tion’’ means legal counsel and investigative, expert, and other serv ices necessary for competent representation. (c) USE OF FUNDS.—Grants awarded under subsection (a)— (1) shall be used to establish, implement, or improve an effective system 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; and (2) shall not be used to fund, directly or indirectly, represen tation in specific capital cases. (d) APPORTIONMENT OF FUNDS.— (1) IN GENERAL.—Of the funds awarded under subsection (a)— (A) not less than 75 percent shall be used to carry out the purpose described in subsection (c)(1)(A); and (B) not more than 25 percent shall be used to carry out the purpose described in subsection (c)(1)(B). (2) WAIVER.—The Attorney General may waive the require ment under this subsection for good cause shown. (e) EFFECTIVE SYSTEM.—As used in subsection (c)(1), an effec tive system for providing competent legal representation is a system that— (1) invests the responsibility for appointing qualified attor neys to represent indigents in capital cases— (A) in a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) in an entity established by statute or by the highest State court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals currently employed as prosecutors; or (C) pursuant to a statutory procedure enacted before the date of the enactment of this Act under which the trial judge is required to appoint qualified attorneys from a roster maintained by a State or regional selection com mittee or similar entity; and (2) requires the program described in paragraph (1)(A), the entity described in paragraph (1)(B), or an appropriate entity designated pursuant to the statutory procedure described in paragraph (1)(C), as applicable, to— (A) establish qualifications for attorneys who may be appointed to represent indigents in capital cases; 42 USC 14163.
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