---
kind: "section"
citation: "34 U.S.C. § 60304"
title: "34"
title_heading: "Crime Control and Law Enforcement"
number: "60304"
heading: "State reports"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/34/60304"
units:
  - "Subtitle VI — Other Crime Control and Law Enforcement Matters"
  - "Chapter 603 — Improving the Quality of Representation in State Capital Cases"
---

# §60304. State reports

- (a) **In general—** Each State receiving funds under this chapter 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 60301 of this title](/usc/34/60301.md), a report under [subsection (a)](#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](/usc/34/60701.md?p=2) described in [section 60301(e)(1)(A) of this title](/usc/34/60301.md?p=e-1-A), an entity described in [section 60301(e)(1)(B) of this title](/usc/34/60301.md?p=e-1-B), or a selection committee or similar entity described in [section 60301(e)(1)(C) of this title](/usc/34/60301.md?p=e-1-C); and
    - (B) requires such [program](/usc/34/60701.md?p=2), entity, or selection committee or similar entity, or other appropriate entity designated pursuant to the statutory procedure described in [section 60301(e)(1)(C) of this title](/usc/34/60301.md?p=e-1-C), to—
      - (i) establish qualifications for attorneys who may be appointed to represent indigents in capital cases in accordance with [section 60301(e)(2)(A) of this title](/usc/34/60301.md?p=e-2-A);
      - (ii) establish and maintain a roster of qualified attorneys in accordance with [section 60301(e)(2)(B) of this title](/usc/34/60301.md?p=e-2-B);
      - (iii) assign attorneys from the roster in accordance with [section 60301(e)(2)(C) of this title](/usc/34/60301.md?p=e-2-C);
      - (iv) conduct, sponsor, or approve specialized training [programs](/usc/34/60701.md?p=2) for attorneys representing defendants in capital cases in accordance with [section 60301(e)(2)(D) of this title](/usc/34/60301.md?p=e-2-D);
      - (v) monitor the performance and training [program](/usc/34/60701.md?p=2) attendance of appointed attorneys, and remove from the roster attorneys who fail to deliver effective representation or fail to comply with such requirements as such [program](/usc/34/60701.md?p=2), entity, or selection committee or similar entity may establish regarding participation in training [programs](/usc/34/60701.md?p=2), in accordance with [section 60301(e)(2)(E) of this title](/usc/34/60301.md?p=e-2-E); and
      - (vi) ensure funding for the cost of competent legal representation by the defense team and outside experts selected by counsel, in accordance with [section 60301(e)(2)(F) of this title](/usc/34/60301.md?p=e-2-F), including a statement setting forth—
        - (I) if the State employs a public defender [program](/usc/34/60701.md?p=2) under [section 60301(e)(1)(A) of this title](/usc/34/60301.md?p=e-1-A), the salaries received by the attorneys employed by such [program](/usc/34/60701.md?p=2) and the salaries received by attorneys in the prosecutor’s office in the jurisdiction;
        - (II) if the State employs appointed attorneys under [section 60301(e)(1)(B) of this title](/usc/34/60301.md?p=e-1-B), the hourly fees received by such attorneys for actual time and service and the basis on which the hourly rate was calculated;
        - (III) the amounts paid to non-attorney members of the defense team, and the basis on which such amounts were determined; and
        - (IV) the amounts for which attorney and non-attorney members of the defense team were reimbursed for reasonable incidental expenses;
  - (3) in the case of a State that employs a statutory procedure described in [section 60301(e)(1)(C) of this title](/usc/34/60301.md?p=e-1-C), an assessment of the extent to which the State is in compliance with the requirements of the applicable State statute; and
  - (4) a statement confirming that the funds have not been used to fund representation in specific capital cases or to supplant non-Federal funds.
- (c) **Capital prosecution improvement grants—** With respect to the funds provided under [section 60302 of this title](/usc/34/60302.md), a report under [subsection (a)](#a) shall include—
  - (1) an accounting of all amounts expended;
  - (2) a description of the means by which the State has—
    - (A) designed and established training [programs](/usc/34/60701.md?p=2) for State and local prosecutors to ensure effective representation in State capital cases in accordance with [section 60302(b)(1)(A) of this title](/usc/34/60302.md?p=b-1-A);
    - (B) developed and implemented appropriate standards and qualifications for State and local prosecutors who litigate State capital cases in accordance with [section 60302(b)(1)(B) of this title](/usc/34/60302.md?p=b-1-B);
    - (C) assessed the performance of State and local prosecutors who litigate State capital cases in accordance with [section 60302(b)(1)(C) of this title](/usc/34/60302.md?p=b-1-C);
    - (D) identified and implemented any potential legal reforms that may be appropriate to minimize the potential for error in the trial of capital cases in accordance with [section 60302(b)(1)(D) of this title](/usc/34/60302.md?p=b-1-D);
    - (E) established a [program](/usc/34/60701.md?p=2) under which State and local prosecutors conduct a systematic review of cases in which a death sentence was imposed in order to identify cases in which post-conviction DNA testing may be appropriate in accordance with [section 60302(b)(1)(E) of this title](/usc/34/60302.md?p=b-1-E); and
    - (F) provided support and assistance to the families of [murder](/usc/34/60911.md?p=4) [victims](/usc/34/60911.md?p=3); and
  - (3) a statement confirming that the funds have not been used to fund the prosecution of specific capital cases or to supplant non-Federal funds.
- (d) **Public disclosure of annual State reports—** The annual reports to the Attorney General submitted by any State under this section shall be made available to the public.

## Source credit

(Pub. L. 108–405, title IV, § 424, Oct. 30, 2004, 118 Stat. 2289.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 14163c of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.