118 STAT. 2289 PUBLIC LAW 108–405—OCT. 30, 2004 charged with capital crimes and trial level prosecution of capital crimes; (D) in the case of a State that employs a statutory procedure described in section 421(e)(1)(C), a certification by an appropriate officer of the State that the State is in substantial compliance with the requirements of the applicable State statute; and (E) assurances that Federal funds received under this subtitle shall be— (i) used to supplement and not supplant non Fed eral funds that would otherwise be available for activi ties funded under this subtitle; and (ii) allocated in accordance with section 426(b). SEC. 424. STATE REPORTS. (a) IN GENERAL.—Each State receiving funds under this subtitle shall submit an annual report to the Attorney General that— (1) identifies the activities carried out with such funds; and (2) explains how each activity complies with the terms and conditions of the grant. (b) CAPITAL REPRESENTATION IMPROVEMENT GRANTS.—With respect to the funds provided under section 421, a report under subsection (a) shall include— (1) an accounting of all amounts expended; (2) an explanation of the means by which the State— (A) invests the responsibility for identifying and appointing qualified attorneys to represent indigents in capital cases in a program described in section 421(e)(1)(A), an entity described in section 421(e)(1)(B), or a selection committee or similar entity described in section 421(e)(1)(C); and (B) requires such program, entity, or selection com mittee or similar entity, or other appropriate entity des ignated pursuant to the statutory procedure described in section 421(e)(1)(C), to— (i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with section 421(e)(2)(A); (ii) establish and maintain a roster of qualified attorneys in accordance with section 421(e)(2)(B); (iii) assign attorneys from the roster in accordance with section 421(e)(2)(C); (iv) conduct, sponsor, or approve specialized training programs for attorneys representing defend ants in capital cases in accordance with section 421(e)(2)(D); (v) monitor the performance and training program attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective rep resentation or fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs, in accordance with section 421(e)(2)(E); and (vi) ensure funding for the cost of competent legal representation by the defense team and outside experts 42 USC 14163c.
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