‘‘(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 In-
stitute may require, a report that contains—
‘‘(1) a summary of the activities carried out
under the grant and an assessment of the effective-
ness of such activities in achieving ongoing compli-
ance with the standards formulated pursuant to sec-
tion 201(b) of the Innocence Protection Act of 2001
and improving the quality of representation in cap-
ital cases; and
‘‘(2) such other information as the Institute
may require.
‘‘(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—
‘‘(1) the aggregate amount of grants made
under this part to each State agency or organization
for such fiscal year;
‘‘(2) a summary of the information provided in
compliance with subsection (h); and
‘‘(3) an independent evaluation of the effective-
ness 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.
‘‘(j) DEFINITIONS.—In this section—
‘‘(1) the term ‘capital case’—
‘‘(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 sen-
tence has been imposed; and
‘‘(B) includes all proceedings filed in con-
nection with the case, up to and including di-
rect appellate review and post-conviction review
in State court; and
‘‘(2) the term ‘representation’ includes counsel
and investigative, expert, and other services nec-
essary for adequate representation.
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(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.
‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.—
Not more than 3 percent of the amount made avail-
able under paragraph (1) for a fiscal year shall be
available for technical assistance and training activi-
ties by the Institute under subsection (e).
‘‘(3) EVALUATIONS.—Up to 5 percent of the
amount authorized to be appropriated under para-
graph (1) in any fiscal year may be used for admin-
istrative expenses, including expenses incurred in
preparing reports under subsection (i).’’.
SEC. 203. AMENDMENTS TO PRISON GRANT PROGRAMS.
(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:
‘‘SEC. 20110. STANDARDS FOR CAPITAL REPRESENTATION.
‘‘(a) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE WITH STANDARDS
FOR CAPITAL REPRESENTA-
TION.—
‘‘(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—
‘‘(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
‘‘(B) has not established or does not main-
tain an effective system for providing adequate
representation for indigent persons in capital
cases, in compliance with the standards formu-
lated by the National Commission on Capital
Representation pursuant to section 201(b) of
the Innocence Protection Act of 2001.
‘‘(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 sub-
title to such State and any unit of local government
appertaining thereto, and shall increase by 10 per-
cent for each year of noncompliance thereafter, up
to a maximum of 60 percent.
‘‘(3) DISPOSITION
OF
WITHHELD
FUNDS.—
Funds withheld under this subsection from appor-
tionment 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 re-
ferred to in paragraph (1), and any unit of local
government appertaining thereto, in a manner equiv-
alent to the manner in which the allotment under
this subtitle was determined.
‘‘(b) WAIVER OF WITHHOLDING REQUIREMENT.—
‘‘(1) IN GENERAL.—The Attorney General may
waive in whole or in part the application of the re-
quirement of subsection (a) for any 1-year period
with respect to any State, where immediately pre-
ceding 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 for-
mulated by the National Commission on Capital
Representation pursuant to section 201(b) of the In-
nocence Protection Act of 2001.
‘‘(2) LIMITATION ON WAIVER AUTHORITY.—The
Attorney General may not grant a waiver under
paragraph (1) with respect to any State for 2 con-
secutive 1-year periods.
‘‘(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 ca-
pability of such State to provide adequate represen-
tation in capital cases.
‘‘(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—
‘‘(1) a detailed description of such State’s sys-
tem for providing representation to indigent persons
in capital cases;
‘‘(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
‘‘(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.’’.
(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