No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10379 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10379
To establish a Federal Public Defender Commission, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2024
Ms. Bonamici (for herself and Mr. Armstrong) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a Federal Public Defender Commission, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Public Defense Commission
Act of 2024''.
SEC. 2. PROVISION OF FEDERAL PUBLIC DEFENSE.
(a) In General.--Chapter 201 of title 18, United States Code, is
amended by striking section 3006A and inserting the following:
``Sec. 3006A. Appointment of Counsel for financially eligible persons
``(a) Eligibility.--Any person who is financially unable to obtain
adequate representation shall be provided representation in accordance
with this section.
``(b) Scope.--Representation shall be provided by a Federal Public
Defender Organization or attorneys selected from a panel of qualified
attorneys as set forth in this section and shall include investigative,
expert, and other services necessary for adequate representation.
``(c) Mandatory Appointment.--Representation shall be provided for
any financially qualified person who--
``(1) is charged in Federal court with a felony or a Class
A misdemeanor;
``(2) is a juvenile alleged to have committed an act of
juvenile delinquency, as defined in section 5031;
``(3) is charged with a violation of probation or
supervised release, or faces a modification, reduction, or
enlargement of a condition of probation or supervised release,
or faces an extension or revocation of a term of probation or
supervised release;
``(4) is under arrest, when such representation is required
by law;
``(5) is subject to a mental condition hearing under
chapter 313;
``(6) is in custody as a material witness;
``(7) faces loss of liberty in a case;
``(8) is entitled to the appointment of counsel under
section 4109;
``(9) is entitled to the appointment of counsel under
section 3599;
``(10) is appealing or responding to an appeal, including a
bail appeal, interlocutory appeal, petition for rehearing,
petition for en banc, or petition for certiorari; or
``(11) is otherwise entitled to appointment of counsel
under the Sixth Amendment to the Constitution of the United
States.
``(d) Nonmandatory Appointment.--Representation may be provided for
any financially qualified person who--
``(1) is charged with a Class B or C misdemeanor, or an
infraction for which a sentence to confinement is authorized;
``(2) is seeking relief in non-capital cases under section
2241, 2254, or 2255 of title 28;
``(3) is seeking clemency in non-capital cases, including a
pardon, commutation of sentence, remission of fine or
restitution, or a reprieve;
``(4) is charged with civil or criminal contempt;
``(5) may be a witness before a grand jury, a court, or
other Federal tribunal which has the power to compel testimony
and where there is reason to believe, either prior to or during
testimony, that the witness could be subject to a criminal
prosecution, a civil or criminal contempt proceeding, or face
loss of liberty;
``(6) has been proposed by the United States attorney for
processing under a pretrial diversion program, or is facing
cancellation of a diversion agreement;
``(7) is being held for international extradition under
chapter 209;
``(8) may be eligible for a reduced or modified sentence;
or
``(9) otherwise deserves appointment of counsel for
purposes of protection against criminal liability or loss of
liberty.
``(e) Procedures.--
``(1) In general.--When a United States attorney,
magistrate judge, or other court official becomes aware that a
person may meet the criteria set forth in subsection (c) or (d)
of this section for the appointment of counsel, they shall
notify the Federal Public Defender for their district and
advise the person of the right to be represented by counsel and
that counsel will be appointed if such person is financially
unable to obtain counsel. The United States attorneys,
judiciary, and other court officials shall cooperate and
communicate with the Federal Public Defender in the appropriate
judicial district to ensure that counsel is timely provided in
all qualified cases.
``(2) Appointment of counsel.--Unless the person has
retained counsel or knowingly and voluntarily waives
representation by counsel, the court shall determine the
person's financial eligibility for appointed counsel at the
initial appearance in court or at the request of the Federal
Public Defender. Upon such determination that the person
financially qualifies for appointed counsel, the court shall
direct the Federal Public Defender for their district to
appoint counsel in accordance with the provisions of this
section. Such appointment may be made retroactive to include
any representation furnished prior to appointment. The Federal
Public Defender shall appoint separate counsel for all
qualified persons having interests that cannot properly be
represented by the same counsel, or when other good cause is
shown. If at any stage of the proceedings, the court determines
that a person has become financially unable to pay counsel who
the person had retained, the court shall direct the Federal
Public Defender to provide counsel consistent with the
provisions of this section.
``(3) Termination of counsel.--If at any time after the
appointment of counsel, the court finds that the person
represented is financially able to obtain counsel, the court
may terminate the appointment of counsel as the interests of
justice may dictate.
``(4) Substitute counsel.--In the interests of justice or
at the direction of the court, a Federal Public Defender may
provide substitute counsel to financially qualified persons at
any stage of the proceedings.
``(5) Duration.--A person for whom counsel is appointed
shall be represented at every stage of the proceedings
continuing through appeal, including ancillary matters
appropriate to the proceedings.
``(6) Motion for adequate counsel.--If the Federal Public
Defender does not appoint counsel, terminates counsel,
substitutes counsel, or denies resources necessary to the
defense contrary to the person's constitutional rights, the
person may raise the issue with the court by ex parte motion.
If the court grants the request, the court shall direct the
Federal Public Defender for their district to appoint counsel
or provide resources.
``(7) Standby counsel.--If the court finds a person has
knowingly and voluntarily waived the right to representation by
counsel, the court may direct the Federal Public Defender for
their district to appoint standby counsel or otherwise provide
resources in accordance with the court's order.
``(f) Appeal.--A person for whom counsel is appointed under this
section may appeal to an appellate court or petition for writ of
certiorari without prepayment of fees and costs or security therefore
and without filing the affidavit required by section 1915(a) of title
28.
``(g) Federal Public Defense Commission; Purpose; Establishment;
Governance.--
``(1) Establishment.--There is established an independent
commission within the Judicial Branch of the United States
called the Federal Public Defense Commission for the purpose of
providing high-quality criminal defense services to all
financially qualified persons.
``(2) Purposes.--The purposes of the Commission are to--
``(A) provide effective, competent, and conflict-
free representation to all financially qualified
persons;
``(B) ensure the efficacy and fairness of the
Federal criminal legal system; and
``(C) advise and educate the Executive,
Legislative, and Judicial Branches about the effects of
actual and proposed executive, judicial, and
legislative policies on persons impacted by the Federal
criminal legal system.
``(3) Commission structure.--The Commission shall be
governed by the Executive Board that is advised by the Advisory
Board. The Commission shall further be advised by Circuit
Boards which implement the Commission's work in each Federal
judicial circuit.
``(4) Executive board; composition; appointment;
qualifications.--
``(A) Composition.--The Executive Board shall
consist of--
``(i) 7 voting members appointed pursuant
to this section;
``(ii) the Defender and Panel
Representative Chairs and Vice Chairs of the
Advisory Board established pursuant to this
section who shall be ex-officio voting members;
and
``(iii) the Executive Director of the
Commission who shall be an ex-officio nonvoting
member.
``(B) Appointed members.--
``(i) Initial appointment.--
``(I) In general.--Not later than 1
year after the date of enactment of the
Federal Public Defense Commission Act
of 2024, the Chief Justice of the
United States shall appoint the 7 non-
partisan appointed members from among a
list of 12 nominees submitted by the
existing Defender Services Advisory
Group within the Administrative Office
of the United States Courts. The Chief
Justice may designate the Defender
Services Advisory Group to appoint the
initial appointed members of the
Executive Board. If the Chief Justice
fails to make the appointments within 1
year, the Defender Services Advisory
Group shall appoint the 7 appointed
members.
``(II) List.--The Defender Services
Advisory Group shall provide a list of
12 nominees to the Chief Justice not
later than 180 days after the date of
the enactment of the Federal Public
Defense Commission Act of 2024.
``(ii) Chair and vice chair; initial
appointment.--At the same time as the initial
appointments, the Chief Justice, or the
Defender Services Advisory Group if the Chief
Justice fails to make the appointments, shall
designate 1 appointed member as Chair and 1 as
Vice Chair. The Chair and Vice Chair are
subject to removal by the Chief Justice of the
United States, after consulting with the
Judicial Conference.
``(iii) Vacancies and subsequent
appointments.--As vacancies arise among the
appointed members, the Chief Justice shall
within 90 days of each vacancy make an
appointment from a list of 5 nominees submitted
by the Advisory Board. If the Chief Justice
does not make an appointment within 90 days of
vacancy, the Executive Board shall fill the
vacancy by making an appointment, by a majority
vote, from the list of 5 nominees submitted by
the Advisory Board to the Chief Justice.
``(iv) Term of office.--The 7 appointed
members shall be appointed for 6-year terms,
except that the initial terms of the first
appointed members shall be staggered so that
the Chair and Vice Chair serve terms of 6
years, 3 appointed members serve terms of 4
years, and 2 appointed members serve terms of 2
years.
``(v) Qualifications.--To be eligible for
appointment to the Executive Board, any
appointed member must have devoted a
substantial portion of their law practice or
professional career to the representation of
individuals charged with or convicted of crimes
for at least the 5-year period prior to their
appointment. No member of the Board, at the
time of membership, may be any of the
following:
``(I) An employee of a Federal
Public Defender Office or Community
Defender Organization.
``(II) A panel attorney.
``(III) A judge or employee of any
court.
``(IV) A prosecutor, an employee of
a prosecutor's office, or anyone who
has held such position during a 5-year
period prior to appointment.
``(V) A law enforcement officer or
an employee of a law enforcement agency
or anyone who has held such position
during a 5-year period prior to
appointment.
``(VI) An employee of the
Commission.
``(vi) Restriction on terms.--No appointed
member of the Board may serve more than 2 full
6-year terms.
``(C) Meetings.--The Executive Board and Advisory
Board will meet in joint session at least twice a year
in person and as often as needed in the interim.
``(D) Membership and terms of other members.--The
Defender and Panel Representative Chairs and Vice
Chairs of the Advisory Board shall serve as ex-officio
voting members of the Executive Board throughout their
terms once elected by the Advisory Board. The Executive
Director of the Commission shall serve as an ex-
officio, nonvoting member of the Executive Board while
serving as Executive Director.
``(E) Removal of members.--Any member of the
Executive Board may, for malfeasance in office,
persistent neglect of or inability to discharge duties,
or conviction for an offense involving moral turpitude,
be removed by a vote of the majority of the Executive
Board.
``(F) Quorum.--Seven members of the Executive Board
shall constitute a quorum for the purpose of
transacting business.
``(5) Advisory board; composition and appointment.--
``(A) Composition.--The Advisory Board shall
consist of a Federal Public Defender and a Panel
Representative from each Federal judicial circuit. Once
convened, the Advisory Board shall elect a Defender
Chair, Defender Vice Chair, a Panel Representative
Chair, and Panel Representative Vice Chair. The Chairs
and Vice Chairs shall serve as voting ex-officio
members of the Executive Board.
``(B) Initial appointment.--At a time of their own
election, but no later than 1 year after the date of
enactment of the Federal Public Defense Commission Act
of 2024, the then-current members of the Defender
Services Advisory Group shall become the initial
Advisory Board. Not later than 1 year after the date of
enactment of this Act, defender representatives and
panel representatives for the First Circuit, Second
Circuit, and District of Columbia Circuit shall be
elected pursuant to subparagraph (C).
``(C) Vacancies.--If a vacancy arises that was
previously occupied by a Federal Public Defender, that
position shall be filled by a majority vote of the
Federal Public Defenders from that circuit. If a
vacancy arises that was previously occupied by a Panel
Representative, that position shall be filled by a
majority vote of the panel attorneys from that circuit.
``(D) Term of office.--Members of the Advisory
Board shall serve 3-year terms. Members may serve no
more than 2 consecutive terms. Previous terms served on
the Defender Services Advisory Group shall not be
treated as terms on the Advisory Board for this
purpose. There shall be no limit on the number of non-
consecutive terms.
``(E) Removal.--If a Federal Public Defender or
Panel Representative is no longer employed a Federal
Public Defender or no longer serves as a panel attorney
in their Federal judicial circuit, they shall be
removed from the Advisory Board. Any member of the
Advisory Board may, for malfeasance in office,
persistent neglect of or inability to discharge duties,
or conviction of an offense involving moral turpitude,
be removed by a vote of the majority of the Advisory
Board.
``(6) Circuit boards; composition; appointment;
qualifications.--
``(A) Composition.--Each Federal judicial circuit
shall have a Circuit Board. Membership of each Circuit
Board shall consist of 1 representative from each
district in the judicial circuit or, where a Federal
Public Defender is appointed for 2 or more districts, 1
representative from those districts. The Advisory Board
Federal Public Defender and Panel Representative for a
corresponding circuit shall be ex-officio voting
members of their Circuit Board. Once convened, each
Circuit Board shall elect a Chair and a Vice Chair. The
Circuit Board for the United States Court of Appeals
for the District of Columbia Circuit shall have 5
members.
``(B) Initial appointment.--Not later than 1 year
after enactment of the Federal Public Defender
Commission Act of 2024, the Executive Board shall
appoint initial Circuit Boards for each Federal
judicial circuit from a list of at least 3 nominees for
each judicial district submitted by that judicial
circuit's Federal Public Defenders and Panel
Representative.
``(C) Vacancies.--As vacancies arise on each
Circuit Board, each vacancy shall be filled by the
remaining members, who shall by majority vote select a
new member from a list of at least 3 nominees submitted
by that Federal judicial circuit's Federal Public
Defenders and Panel Representative.
``(D) Term of office.--Members of a Circuit Board
shall serve 3-year terms. No member shall serve more
than 2 consecutive terms. There shall be no limit on
the number of non-consecutive terms.
``(E) Qualifications.--
``(i) In general.--To be eligible for
appointment to a Circuit Board, a candidate
must have devoted a substantial portion of
their law practice or professional career to
the representation of individuals charged with
or convicted of crimes for at least the 5-year
period prior to their candidacy, and they must
exhibit a commitment to upholding the mission
of public defense.
``(ii) Eligibility.--At the time of
membership, no Circuit Board non-ex-officio
member may be any of the following:
``(I) An employee of a Federal
Public Defender Office or Community
Defender Organization.
``(II) A judge or employee of any
court.
``(III) A prosecutor, an employee
of a prosecutor's office, or anyone who
has held such position during a 5-year
period prior to appointment.
``(IV) A law enforcement officer or
an employee of a law enforcement agency
or anyone who has held such position
during a 5-year period prior to
appointment.
``(V) An employee of the
Commission.
``(F) Removal.--Any member of any Circuit Board
may, for malfeasance in office, persistent neglect of
or inability to discharge duties, or conviction of an
offense involving moral turpitude, be removed by a vote
of the majority of that Circuit Board.
``(h) Compensation and Reimbursement of Board Members.--
``(1) Executive board.--
``(A) Chair and vice chair; rates of pay.--The
Chair and Vice Chair of the Executive Board shall be
full-time employees and compensated at the same rate as
judges of the courts of appeals of the United States.
``(B) Other appointed members; rates of pay.--Other
appointed members shall hold part-time positions and
shall be paid at the daily rate at which judges of the
courts of appeals of the United States are compensated.
No appointed member, except the Chair and Vice Chair,
shall be paid for more than 90 days in any calendar
year.
``(C) Travel expenses.--Each member of the
Executive Board shall receive travel expenses,
including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter
I of chapter 57 of title 5.
``(2) Advisory board.--
``(A) Rates of pay.--Members of the Advisory Board
who are also employees of the Commission shall serve
without additional compensation. Members of the
Advisory Board who are also panel attorneys shall be
paid at the daily rate at which judges of the courts of
appeals of the United States are compensated. No member
shall be paid for more than 30 days in any calendar
year.
``(B) Travel expenses.--Each member of the Advisory
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5.
``(3) Circuit boards.--
``(A) Rates of pay.--Except for those who are also
members of the Advisory Board, members of the Circuit
Boards shall hold part-time positions and shall be paid
at the daily rate at which judges of the courts of
appeals of the United States are compensated. No member
shall be paid for more than 90 days in any calendar
year.
``(B) Travel expenses.--Each member of a Circuit
Board shall receive travel expenses, including per diem
in lieu of subsistence, in accordance with applicable
provisions under subchapter I of chapter 57 of title 5.
``(i) Powers of Boards.--
``(1) Executive board; powers.--The Executive Board may, by
vote of a majority of the members present and voting--
``(A) submit to Congress, in consultation with the
Executive Director, requests for appropriations for the
provision of indigent defender services in the Federal
criminal justice system and direct use of funds made
available to the Commission;
``(B) devise and conduct training programs for
those persons engaged in the fields of Federal criminal
defense;
``(C) utilize, with their cooperation, the
services, equipment, personnel, information, and
facilities of other Federal, State, local, and private
agencies and instrumentalities with or without
compensation therefor;
``(D) procure for the Commission temporary or
intermittent services to the same extent as authorized
by section 3109(b) of title 5;
``(E) without regard to section 3324 of title 31,
enter into and perform such contracts, leases,
cooperative agreements, and other transactions as may
be necessary to conduct the functions of the Commission
with any public agency, or with any person, firm,
association, corporation, educational institution, or
nonprofit organization;
``(F) accept and employ, in carrying out the duties
of the Commission, voluntary and uncompensated
services, notwithstanding the provisions of section
1342 of title 31, except that individuals providing
such services shall not be considered Federal employees
except for purposes of chapter 81 of title 5 with
respect to job-incurred disability and title 28 with
respect to tort claims;
``(G) request such information, data, and reports
from any Federal agency or judicial officer as the
Commission may from time to time require and as may be
produced consistent with other law;
``(H) remove a Federal Public Defender upon
recommendation by a Circuit Board;
``(I) retain private attorneys to provide advice to
the Commission in the conduct of its work, or to appear
for or represent the Commission in any case or
controversy in which it is a party or otherwise has a
legal interest; and
``(J) delegate any powers in this subsection to the
Executive Director or the Circuit Boards.
``(2) Advisory board; powers.--The Advisory Board may
consult with, advise, and obtain information from the Executive
Board, the Executive Director, and the Circuit Boards
concerning the administration of Federal public defense,
including any aspect or exercise of the powers or duties of the
Executive Board.
``(3) Circuit boards; powers.--Each Circuit Board, by an
affirmative vote of a majority of its members, may--
``(A) adopt or revise the circuit plan for
appointing appellate counsel consistent with the
provisions of this section;
``(B) direct any Federal Public Defender of any
district within the circuit to revise that district's
plan for appointing counsel consistent with the
provisions of this section; and
``(C) hire staff as necessary to exercise its
powers and discharge its duties, subject to staffing
levels and budgets set by the Executive Board.
``(4) Coordination with administrative office.--Upon
request of the Executive Board or their designees, the
Administrative Office of the United States Courts is authorized
and directed to make its services, equipment, personnel,
facilities, and information available to the greatest
practicable extent to the Commission in the execution of its
functions.
``(j) Duties of Boards.--
``(1) Executive board; duties.--
``(A) In general.--The Executive Board--
``(i) shall, by vote of a majority of the
members present and voting--
``(I) promulgate and distribute
bylaws governing the operation of the
Executive Board, which may include
provisions authorizing other officers
of the Executive Board and governing
proxy voting, remote meetings, and the
appointment of committees or advisory
groups;
``(II) establish and maintain a
Federal Public Defender Office for each
Federal judicial district;
``(III) appoint and fix the salary
and duties of the Executive Director;
``(IV) appoint and fix the duties
of a Federal Public Defender;
``(V) establish and maintain
standards for the provisions of
indigent defense services;
``(VI) approve staffing levels and
budgets for Federal Public Defender
Offices, the Executive Director's
Office, the Commission, and Circuit
Boards;
``(VII) establish, in consultation
with Circuit Boards, compensation rates
for panel attorneys providing
representation under this section to
cover reasonable expenses and a fair
hourly wage based on locality;
``(VIII) establish procedures to
obtain and reimburse investigators,
experts, and other providers of defense
services necessary for adequate
representation of financially qualified
persons; and
``(IX) consult with the Advisory
Board, Executive Director, and Circuit
Boards as appropriate in exercising its
powers and discharging its duties; and
``(ii) may establish a single Federal
Public Defender Office to serve 2 or more
adjacent Federal judicial districts or parts of
Federal judicial districts.
``(B) Current offices.--A Federal Public Defender
Office or Community Defender Office that is in
existence on the date of enactment of the Federal
Public Defense Commission Act of 2024--
``(i) shall be considered established for
purposes of this subsection; and
``(ii) may continue to function as a
Federal Public Defender Office or Community
Defender Office, subject to subsection (d)(1)
of this Act.
``(2) Advisory board; duties.--The Advisory Board, by an
affirmative vote of the majority of its members, shall--
``(A) elect a Defender Chair and Vice Chair from
among its members who are Federal Public Defenders and
elect a Panel Representative Chair and Vice Chair from
among its members who are Panel Representatives and are
delegated to serve as ex-officio voting members of the
Executive Board;
``(B) promulgate and distribute bylaws governing
the operation of the Advisory Board, which may include
provisions authorizing other officers of the Advisory
Board and governing proxy voting, remote meetings, and
the appointment of committees or advisory groups; and
``(C) submit nominees for appointment to the
Executive Board in accordance with this section.
``(3) Circuit boards; duties.--Each Circuit Board, by an
affirmative vote of a majority of its members, shall--
``(A) promulgate and distribute bylaws governing
the operation of the Circuit Board, which may include
provisions authorizing officers of the Circuit Board
and governing proxy voting, remote meetings, and the
appointment of committees or advisory groups;
``(B) nominate a Federal Public Defender for each
district, or 2 or more districts when combined into a
single Federal Public Defender Office, within the
circuit for appointment by the Executive Board;
``(C) recommend to the Executive Board the removal
of any Federal Public Defender in any district within
that circuit for malfeasance in office, persistent
neglect or inability to discharge duties, or conviction
of an offense involving moral turpitude;
``(D) establish procedures for compensation of
panel attorneys within the circuit appointed under this
section;
``(E) establish procedures through which panel
attorneys within the circuit can appeal decisions
denying or reducing claims for payment and
reimbursement;
``(F) establish procedures for selection,
appointment, and compensation of appellate panel
attorneys;
``(G) establish procedures for appointing panel
attorneys to that circuit's appellate panel; and
``(H) establish procedures for reviewing claims for
payment and reimbursement submitted by that circuit's
appellate panel attorneys.
``(k) Executive Director of the Federal Public Defense
Commission.--
``(1) Appointment and removal.--The Executive Director of
the Commission shall be appointed by and serve at the pleasure
of the Executive Board.
``(2) Qualifications.--The Executive Director for the
Commission shall be experienced in public defense and the
representation of indigent persons charged with Federal crimes,
be a member of the highest bar of any State, and shall not, at
the time of their appointment or during their term of service,
be an appointed member of the Board.
``(3) Executive director; duties.--The Executive Director
shall--
``(A) employ, without regard to the provisions of
title 5 governing appointments in the competitive
service, attorneys and other personnel in such number
consistent with the staffing levels set by the
Executive Board;
``(B) supervise the activities of persons employed
by the Executive Director's Office; and
``(C) perform such other duties as assigned by the
Executive Board.
``(l) Employees of the Federal Public Defense Commission.--
``(1) In general.--Federal Public Defenders, employees of
Federal Public Defender Offices, the Executive Director,
employees of the Executive Director's Office, and employees of
Circuit Boards shall be treated as employees of the Commission.
``(2) Federal employees.--Employees of the Commission shall
be treated as employees of the Federal Government solely for
purposes of any of the following provisions of title 5:
``(A) Chapter 45.
``(B) Chapter 63.
``(C) Subchapter 1 of chapter 81.
``(D) Chapter 83.
``(E) Chapter 84.
``(F) Chapter 85.
``(G) Chapter 87.
``(H) Chapter 89.
``(I) Subchapter VI of Chapter 55.
``(3) Compensation.--
``(A) Executive director.--The compensation of
Executive Director shall be equal to the rate of basic
pay payable to level IV of the Executive Schedule under
section 5315 of title 5 and shall receive locality pay
except that the total financial compensation for the
Executive Director may not exceed Level I of the
Executive Schedule.
``(B) Federal public defenders.--The compensation
of each Federal Public Defender shall be set by the
Executive Board and may not exceed the rate of basic
pay payable to level IV of the Executive Schedule under
section 5315 of title 5 and shall receive locality pay
except that the total financial compensation for a
Federal Public Defender may not exceed Level I of the
Executive Schedule.
``(C) Other commission employees.--The Executive
Board shall establish procedures for fixing the
compensation for other Commission employees, not to
exceed the rate of basic pay payable to level II of the
Executive Schedule under section 5315 of title 5.
Compensation for employees of the Executive Director's
Office may not exceed that of the Executive Director.
Compensation for employees of Federal Public Defender
Offices may not exceed that of the Federal Public
Defender for their district or districts.
``(4) Contributions.--The Commission shall make
contributions under the provisions referred to in paragraph (2)
at the same rates applicable to agencies of the Federal
Government.
``(5) Thrift savings plan (tsp).--Employees of the
Commission may make an election under section 8351 or section
8432 of title 5 to participate in the Thrift Savings Plan for
Federal employees.
``(6) Outside practice of law prohibited.--No full-time
employee of the Commission may engage in the outside practice
of law.
``(7) Malpractice and negligence suits.--The Commission
shall, to the extent the Commission considers appropriate,
provide representation for and hold harmless, or provide
liability insurance for, any person who is an officer or
employee of the Commission for money damages for injury, loss
of liberty, loss of property, or personal injury or death
arising from malpractice or negligence of any such officer or
employee in furnishing representational services under this
section, while acting within the scope of that person's office
or employment.
``(m) Federal Public Defender Offices and Federal Public
Defenders.--
``(1) Establishment.--No later than 1 year after the date
of enactment of the Federal Public Defense Commission Act of
2024, the Commission shall establish a Federal Public Defender
Office in each Federal judicial district. Notwithstanding the
preceding sentence, the Commission may establish a single
Federal public defender office to serve 2 or more adjacent
districts or parts of districts. In the event that adjacent
districts or parts of districts are located in different
circuits, the plan for furnishing representation shall be
approved by the Executive Board, with the advice of the
Advisory Board. A Federal Public Defender Office or Community
Defender Office that is in existence on the date of enactment
of the Federal Public Defense Commission Act of 2024 shall be
considered established for purposes of subsection and may
continue to function.
``(2) Federal public defenders.--Each Federal Public
Defender Office shall be headed by a Federal Public Defender
appointed in accordance with this section. A Federal Public
Defender or Executive Director of a Community Defender
Organization who was appointed before the date of enactment of
the Federal Public Defense Commission Act of 2024 will continue
to serve in that capacity unless removed in accordance with
this section.
``(3) Federal public defender; powers.--Each Federal Public
Defender may--
``(A) employ, without regard to the provisions of
title 5 governing appointments in the competitive
service, attorneys and other personnel in such number
consistent with the staffing levels set by the
Executive Board;
``(B) without regard to section 3324 of title 31,
enter into and perform such contracts, leases,
cooperative agreements, and other transactions as may
be necessary to discharge the duties of the Federal
Public Defender Office with any public agency, or with
any person, firm, association, corporation, educational
institution, or nonprofit organization, subject to
approval by the Executive Director;
``(C) accept and employ, in carrying out the duties
of the Federal Public Defender Office, voluntary and
uncompensated services, notwithstanding the provisions
of section 1342 of title 31, except that individuals
providing such services shall not be considered Federal
employees except for purposes of chapter 81 of title 5
with respect to job-incurred disability and title 28
with respect to tort claims;
``(D) devise and conduct seminars, workshops, and
training programs of instruction in criminal defense
and post-conviction law and techniques for persons
engaged in the fields of Federal criminal defense and
post-conviction law in the district or districts served
by the Federal Public Defender Office; and
``(E) serve on any advisory board, working group,
council, or other professional or governmental
committee addressing issues related to criminal
defense, penal or correctional policy, or the provision
of indigent criminal defense services.
``(4) Federal public defender; duties.--
``(A) In general.--Each Federal Public Defender is
responsible for providing and appointing qualified,
competent, conflict-free counsel in accordance with
this section. Not later than 1 year after the date of
enactment of the Federal Public Defense Commission Act
of 2024, each Federal Public Defender shall prepare a
plan to provide for the appointment of such counsel for
the district or districts served by their Federal
Public Defender Office. At minimum, the plan shall--
``(i) ensure that each person eligible for
appointment of counsel is appointed qualified,
competent, and conflict-free counsel who has
access to the resources and services necessary
to provide high-quality representation to that
person;
``(ii) appoint qualified counsel to assist
the district's or districts' panel attorneys
and coordinate the appointment of qualified,
competent, and conflict-free counsel;
``(iii) establish procedures for appointing
qualified trial attorneys within their district
or districts; and
``(iv) ensure that panel attorneys shall be
appointed in an appropriate portion of cases in
accordance with the district's plan.
``(B) Procedures.--Each Federal Public Defender
shall develop procedures to ensure that private counsel
for any person who is financially unable to obtain
services other than counsel necessary for adequate
representation may request from the Federal Public
Defender a determination of financial eligibility. Upon
a judicial finding that the person is financially
unable to obtain such services, the Federal Public
Defender shall authorize payment for such services.
``(n) Annual and Comprehensive Reports.--
``(1) Executive board.--The Executive Board shall--
``(A) submit to Congress, the President, and the
Judicial Conference of the United States an annual
report regarding the operation of the Commission
pursuant to this title and the delivery of Federal
criminal defense services pursuant to this section; and
``(B) submit to Congress, the President, and the
Judicial Conference of the United States a report every
7 years containing a comprehensive review and
evaluation of the implementation of the operation of
the Commission, including whether further structural
changes are appropriate, pursuant to this title and the
delivery of Federal criminal defense services pursuant
to this section.
``(2) Circuit boards.--Each Circuit Board shall submit to
the Executive Board an annual report regarding the operation of
the Circuit Board and the delivery of Federal criminal defense
services in that circuit and each judicial district within the
circuit.
``(o) Definitions.--In this section:
``(1) Advisory board.--The term `Advisory Board' means
Federal Public Defense Advisory Board.
``(2) Appointed member.--The term `appointed member' means
a member of the Executive Board who is not the Defender or the
Panel Representative Chair or Vice Chair of the Advisory Board,
or the Executive Director of the Federal Public Defense
Commission.
``(3) Commission.--The term `Commission' means Federal
Public Defender Commission.
``(4) Circuit board.--The term `Circuit Board' means the
Circuit Federal Public Defense Board in each judicial circuit.
``(5) Executive board.--The term `Executive Board' means
Federal Public Defense Executive Board of Directors.
``(6) Federal public defender.--The term `Federal Public
Defender'--
``(A) means the individual appointed by the
Commission to oversee the districts; and
``(B) includes Executive Directors of Community
Defender Offices.
``(7) Financially qualified person.--The term `financially
qualified person' means an individual who qualifies for
representation under this section.
``(8) Panel attorney.--The term `panel attorney' means a
private attorney authorized by the Commission to represent
individuals pursuant to the provisions of this section.
``(9) Panel representative.--The term `panel
representative' means a panel attorney selected to serve on the
Defender Services Advisory Board.''.
(b) Membership on Committees and Conferences.--
(1) In general.--The Chief Justice of the Supreme Court of
the United States may add the Executive Director of the Federal
Public Defense Commission, or their designee, to any advisory
committees of the Judicial Conference of the United States.
(2) Circuit judicial councils.--Each judicial circuit may
include 1 or more Federal Public Defenders or Panel
Representatives for judicial districts located within the
circuit on any judicial council of the circuit.
(3) United states sentencing commission.--Section 991(a) of
title 28, United States Code, is amended--
(A) in the first sentence, by striking ``one
nonvoting member'' and inserting ``two nonvoting
members''; and
(B) by striking the fifth sentence and inserting
the following: ``The Attorney General, or the Attorney
General's designee, and the Defender Chair of the
Advisory Board of the Federal Public Defense Commission
or their designee, shall be ex-officio, nonvoting
members of the Commission.''.
(c) Technical and Conforming Amendment.--The table of sections for
chapter 201 of title 18, United States Code, is amended by striking the
item relating to section 3006A and inserting the following:
``3006A. Appointment of Counsel for financially eligible persons.''.
(d) Transition and Miscellaneous Provisions.--
(1) Federal public defender offices.--
(A) In general.--Notwithstanding any other
provision of law, a Federal Public Defender
organization or Community Defender Organization in
existence, before the date of enactment of this Act,
shall continue in operation. The Federal Public
Defender, Executive Director, or other head of each
organization in office on the date of enactment of the
Act, may continue to serve in that capacity unless
removed pursuant to section 3006A of title 18, United
States Code.
(B) Existing community defender organizations.--An
existing Community Defender Organization may petition
in writing to become a Federal Public Defender Office
for its district, subject to approval by the Executive
Board. Not later than 5 years after the date of
enactment of this Act, all existing Community Defender
Organizations must become a Federal Public Defender
Office. The Commission may expend necessary funds and
other necessary assistance, including grants previously
administered by the Administrative Office of the United
States Courts, for Community Defender Organizations to
continue their function and to become Federal Public
Defender Offices.
(C) Retirement.--Any period of service of an
employee of an existing Community Defender Organization
that becomes a Federal Public Defender Office under
subparagraph (B) shall be deemed creditable service for
purposes of section 8332 or 8411 of title 5, United
States Code, and service under section 8905(b)(1)(A) of
that title.
(D) Annual and sick leave.--The annual and sick
leave to the credit of an employee of an existing
Community Defender Organization that becomes a Federal
Public Defender Office shall be transferred to the
employee's credit under the Federal Public Defender
Office.
(2) Responsibility of administrative office of the united
states courts to ensure orderly transition.--After the date of
enactment of this Act, the Administrative Office of the United
States Courts shall take every step within its power to ensure
that the Federal Public Defense Commission is established and
to provide for an orderly transition of all defender services
functions to the Commission. The Administrative Office is
authorized and directed to expend funds from the defender
services account, and other authorized funds, to facilitate the
establishment of the Commission and the orderly transition of
all defender services functions to the Commission. The
Administrative Office is directed to provide structure and
continued services as needed for the Commission to fulfill its
purposes.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Commission, out of money in the
Treasury not otherwise appropriated, sums necessary to carry
out the provisions of this Act, including funds for the
establishment of the Federal Public Defense Commission, the
transition from the Administrative Office of the United States
Courts to the Commission, the ongoing operation of the
Commission, and continuing education and training of persons
providing defense services under this section. When so
specified in appropriation Acts, such appropriations shall
remain available until expended. Payments from such
appropriations shall be made under the supervision of the
Executive Director of the Commission.
(4) Applicability in the district of columbia.--The
provisions of this section shall apply in the United States
District Court for the District of Columbia and the United
States Court of Appeals for the District of Columbia Circuit
and territories of the United States. The provisions of this
section shall not apply to the Superior Court of the District
of Columbia and the District of Columbia Court of Appeals.
(5) Counsel for financially unable defendants.--Section
3599 of title 18, United States Code, is amended--
(A) by striking subsections (b), (c), (d), (f), and
(g);
(B) by redesignating subsection (e) as subsection
(c); and
(C) by striking subsection (a) and inserting the
following:
``(a) Notwithstanding any other provision of law to the contrary,
in every criminal action in which a defendant is charged with a crime
which may be punishable by death, a defendant who is or becomes
financially unable to obtain adequate representation or investigative,
expert, or other reasonably necessary services at any time either--
``(1) before judgment; or
``(2) after the entry of a judgment imposing a sentence of
death but before the execution of that judgment;
shall be entitled to the appointment of one or more qualified capital
attorneys and the furnishing of such other services in accordance with
section 3006A.
``(b) In any post conviction proceeding under section 2254 or 2255
of title 28 seeking to vacate or set aside a death sentence, any
defendant who is or becomes financially unable to obtain adequate
representation or investigative, expert, or other reasonably necessary
services shall be entitled to the appointment of one or more attorneys
and the furnishing of such other services in accordance with section
3006A.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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